Hoffman, chair of Foley’s national Labor & Employment Practice, said that even if an employer can require workers to cover the cost of their uniforms under federal law, employers should consider the practical implications of such a policy.
“Is that going to create discord among your workers?” she said. “Is that going to drive them to unions as an example? And what risks are you willing to take?”
Hoffman added that employers with dress codes generally are not required to reimburse employees. “There’s a benefit to that,” she explained. “I think employees are less likely to complain about it, because they can wear those shirts to other places, and less likely to be driven either to complain that they need to be reimbursed for it, or less likely to complain and think that employers are passing costs on to them.”
