During a recent heat wave, several employees showed up for work with visible tattoos, strappy tops, and flip-flop shoes. This is all in violation of our dress code. Can we enforce it even when the weather is hot?
Hot weather poses challenges to traditional dress codes, but heat does not erase an employer’s requirements. Employers still can ban strappy tops, flip-flops, shorts, tank tops, and other unacceptable clothing regardless of gender/gender identification.
‘Professional Appearance’
A policy that “Employees must maintain a professional appearance” is acceptable. The company doesn’t have to describe in detail every unacceptable type of clothing and shoes.
August is one of the hottest months of the year, so employers need to be ready to enforce their policies. Employees who work outside might, arguably, have more freedom to wear shorts, sleeveless tops, etc., but safety concerns must prevail, so any clothing must meet safety needs.
Tattoos
Tattoos can be more problematic. There has been a dramatic increase in tattoos in recent years, with 32% of Americans having a tattoo in 2023, versus only 21% in 2012. Many companies have become more relaxed about tattoos, but many other companies still prefer that the tattoos be covered up.
Be aware that enforcing a “no visible tattoos” policy could lead to a discrimination claim if the employee says there is a religious reason for their tattoo.
Bottom line — clear communication and using give and take on both sides can help with dress code issues. Some employers even develop a separate “summer dress code” policy that relaxes requirements during the hot season.
Should an employer decide on a different dress code for hot times, all employees should be made aware of the relaxed standards and when the policy will return to usual requirements.
Column based on questions asked by callers on the Labor Law Helpline, a service to California Chamber of Commerce preferred members and above. For expert explanations of labor laws and Cal/OSHA regulations, not legal counsel for specific situations, call (800) 348-2262 or submit your question at www.hrcalifornia.com.
