If you would like to read this article, or get unlimited access to The Times and The Sunday Times, find out more about our special 12 week offer here Really, the key thing from a legal point of view is looking at the minimum wage aspect. call it a uniform, but it’s not, really, it’s a dress code. Heskett v Secretary of State for Justice [2020], A Year In Review – A Look Back At How Covid-19 Has Shaped Employer Policies And Procedures, Implementing Proactive Organisational Change in a Fast-Changing World, Black Friday & Cyber Monday Alert: Issues for Employers While staff are WFH, Immigration Act Receives Royal Assent: Free Movement To End On 31 December 2020. Wearing the uniform and changing into it at work are absolute job requirements. Until last month, that … Thanks. . © Copyright 2009 Rosen & Goyal, P.C. We are not just donning scrubs, we are also required to put our hair into a cap and wear shoe covers. Going back to the piece ‘The Guardian’ ran back in January, they were really looking at offenders in relation to national minimum wage. When we come about uniforms, I remember my own days, you got a top to work and you were required to wear black trousers, black shoes. So, what’s reasonable? Scott: Just for clarification, if this were a PPE, a personal protective equipment issue, then it was to stop any damage that happens to the employee, the employer would have to provide and pay for all that. This might be just a dress code. Browse: Employing people A to Z. clothes that staff wear should facilitate good practice and minimise any risk to patients. I’m aware of previous clients of mine in terms of complaints and things that have been needed. However, this is a minimum of a 6-8 minute process. That’s fine. They did get a discount in terms of it, but if you’re an employee that’s earning £30,000, £40,000 a year and it’s your requirement in the contract, I don’t see a difficulty with it. By asking employees to pay, the uniform then becomes their property—this means they get to take it home with them, if they want. Your employer only has to pay you for the hours that you actually work - if you're just getting changed then you're not ready to work yet. It does bring me back to a few years ago. When employees spend time putting on protective gear, they now have to be paid. There was a complaint then in relation to the fact that I’m asked to wear black jeans but I don’t have black jeans. You need to discuss this with an experienced labor lawyer. That’s a health and safety matter. If you are a nonexempt employee, you have to … So, you’re talking about if you’re working with toxic materials or anything like that, appropriately you should be protected in terms of that and you’re not expected to deal with the cost of those yourself. But you do need to be careful where you have an employee in a minimum wage, maybe the student-type jobs and things like that that you’ll get. Seamus: Yes. They had on-site accommodation provided for their workers. The other interesting one was at the Karen Millen shops, their employees were required to wear that brand of fashion and they were required to buy it. seamus.mcgranaghan@oreillystewart.com, If there's anything you'd like to ask us, just fill in the form on the contact us page:Contact Legal Island, © Copyright 2020 | Legal Island, Island House, 5 Steeple Road, Antrim, BT41 1DN | Tel: 028 9446 3888. The main content of this article was provided by Seamus McGranaghan. One of the main disadvantages of uniforms is that it takes a lot of time changing into and out of your uniforms. But you can also set an allowance for members of staff so they can pay for their uniform. The blog was anonymous, but included photos of the employee that enabled her to be identified. Scott: If you supply jackets, blouses, etc., for requesting that staff wear black trousers and shoes, do you then need to provide the shoes and trousers, or does the employer need to do that? 028 9032 1000 Seamus: Yes, unlawful deductions, that’s right. The information in this article is provided as part of Legal-Island's Employment Law Hub. If there's anything you'd like to ask us, just fill in the form on the contact us page: Armitage v Boor t/a Dance with Annarie [2020], Chalimoniuk v Transkol Limited and FN Transport Limited [2020], TUPE and Restrictive Covenants - Update from Dr John McMullen October 2020, Nair v Lagardere Sports and Entertainment UK Ltd [2020], Angard Staffing Solutions Ltd & Royal Mail Group Ltd v Kocur & Ors [2020]. In addition, although there is no evidence that wearing uniforms outside work adds to infection risks, public attitudes indicate it is good practice for staff to change at work or cover their uniforms as they travel to and from work. But essentially, what you’re looking about here is it’s a contractual provision with respect of uniforms, there should be something within the contract that details the issues out into the contract of employment, what the requirements of the contract are. Just curious if there is anything stipulated in the California Labor Laws that states that an employee should be in work uniform before they clock in. This might be just a dress code. Seamus: It is an interesting question. Payment for Internal Training of Apprentices – How Do I Handle It? Yes. They all wear different black trousers and different black shoes. I think the employees do need to be careful where you’re looking at the minimum wage aspect so that the employees that are in the lower scale in terms of salaries. Scott: Just on this question, if you’re making deductions as an employer, you have to have that in writing before any deductions are made from wages. Anything the employee does after he changes into his work clothes—travel time or waiting, for example—may now be compensable under the FLSA. Under Fair Labor Standards Act § 203(o), time spent “changing clothes or washing at the beginning or end of each workday” is excluded from compensable time. There’s a potential problem in the way this situation may unfold, however. Yes. Five routes into a law career if you don't have a degree You don’t need to have been to university or have bags of cash to work in the legal industry. This can range from a specific uniform to a more general dress code, such as a shirt and tie or a white dress shirt with a black skirt or trousers. It’s one that I was just doing some research at the start of the year. They had a total of £1.3 million in fines that had to be paid back to employees because of those issues in terms of how the contract was drafted in terms of the uniform itself. A group of MPs is working together to bring a bill to stop a no-deal Brexit from happening. | 204 Andover Street, Suite 402 | Andover | MA | 01810. How about my pension? Employees required to wear uniforms, but who are not permitted to wear uniforms to and from work, are allowed ten minutes in the scheduled work period for changing into and out of … This means arriving at work 15 minutes earlier. That’s for the employer. But again, they were workers that were close to the threshold in terms of minimum wage, HMRC investigated it. Employees are not ordinarily entitled to be paid for changing into work clothes. Furthermore, in industries where you have to work in the environment where you might get stains on your clothes, for example in oil rig, or a mechanical workshop, uniforms are a great way to make your own clothes stay clean and fresh. In general, employers can require any type of employee to wear a uniform while on the job. 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