Employers are allowed to require their employees to follow a dress code. Dress code requirements fall into two categories:
- General dress codes.
Employers are not required to pay for the cost of required clothing or attire unless it is considered a “uniform.”
Employers Are Required to Pay for Uniforms
Required clothing or attire is considered a uniform if it:
- Clearly identifies the employee with a specific employer
- Has the employer’s logo.
- Is a clothing item of an uncommon color.
- Has an ethnic or historical theme.
- Is formal clothing such as tuxedos, gowns, and garments made from fine cloth.
- Business suits and other traditional business attire are not considered formal attire.
Employers may not deduct from an employees wages or require a deposit for a uniform.
General Dress Code Items in Common Colors
If an employer’s dress code only features general requirements and allows these requirements to be met through common-colored clothing, they are not required to pay for the cost. Employers may offer to provide or pay for non-uniform dress code items.
Common colors, including light and dark variations, are:
- Tops: white, tan, and blue.
- Bottoms: tan, black, blue, and gray.