Workplace Attire

News & Analysis as of

A Return Of “Common Sense” To The Courtroom? DC Circuit Concludes That AT&T Connecticut Was Justified In Banning Employees From...

How would you feel if a telephone or cable repair person showed up at your residence wearing a t-shirt that said “Inmate”? In Southern New England Telephone Company v. National Labor Relations Board the United States Court...more

D.C. Circuit Reverses NLRB's Decision that AT&T Violated Employees' Rights When It Suspended Employees for Wearing T-Shirt...

It was probably not that surprising that the U.S. Court of Appeals for the District of Columbia reversed the National Labor Relations Board's (NLRB) decision in Southern New England Telephone Company, 1356 NLRB No. 118...more

Court of Appeals Rebukes NLRB: “Common Sense” Allows Employer to Prohibit Employees from Wearing “Prison Shirts”

Eschewing legal niceties in favor of common sense, the U.S. Court of Appeals for the District of Columbia Circuit recently ruled that AT&T did not violate federal labor law when it prohibited its employees from wearing...more

Common Sense Trumps NLRB, For Once

If the NLRB has a consistent adversary, it is common sense. And so, it was a bad sign for the NLRB when the District of Columbia Circuit Court of Appeals began its review of a recent NLRB Order with the following line:...more

What An Interesting Nose Ring – Now Take It Out

Many retailers consider the professional appearance of their staff to be a significant aspect of their customers’ shopping experience. Unkempt, unclean, and unfriendly employees create negative impressions that injure the...more

EEOC Emphasizes the Importance of Providing Appropriate Accommodations for Religious Attire and Grooming Practices in the...

As religious diversity in the United States increases, and in light of the ever- present role of religion in international political tensions, religious discrimination claims have increased in recent years. Charges filed with...more

EEOC Issues Guidance for Employers on Accommodating Religious Dress and Grooming Practices

Religious diversity in the workplace is fast becoming a hot issue for the Equal Employment Opportunity Commission (EEOC). Accordingly, the agency answered questions about the application of federal employment discrimination...more

2014 What Not to Wear – A Spring Guide to Personal Appearance Policies

While we may not think that spring is ever going to arrive, it is bound to show up eventually and with it we will dust off our spring wardrobe – or as many employers fear – the lack thereof....more

Employment Law

PAGA Suit Belongs in State, Not Federal, Court Says Ninth Circuit - Why it matters: A wage and hour suit brought under California’s Private Attorney General Act (PAGA) belongs in state , not federal , court, the Ninth...more

Seventh Circuit Gets (Maybe Too) Clever In FLSA Donning And Doffing Case (Part 1 Of 2)

A few weeks ago on Twitter, I remarked on Mitchell v. JCG Industries, a case from the Seventh Circuit penned by Judge Richard Posner: Worked OK for #employer here, but scary precedent for all if judges do own demos...more

EEOC Releases New Guidance on Religious Rights and Criminal Background Checks in the Workplace

In early March, the Equal Employment Opportunity Commission (EEOC) released guidance clarifying employer responsibilities in the areas of accommodating religious beliefs and utilizing background checks. ...more

Supreme Court Says No Need To Pay Union Employees For Certain Protective Gear Dressing If Bargaining Agreement Excludes It

In Sandifer v. U.S. Steel Corp., the U.S. Supreme Court held that the FLSA does not require unionized employers to compensate employees for time spent putting on and taking off certain protective clothing if they have a...more

Unionized Employers Take Note Of The Recent Supreme Court Ruling Under The FLSA

On January 27, 2014, a unanimous U.S. Supreme Court interpreted the meaning of the term “changing clothes” found in the Fair Labor Standards Act (FLSA or Act), specifically at 29 U.S.C. § 203(o). This case is significant for...more

EEOC Posts Technical Assistance On Religious Dress And Grooming In The Workplace

Religious discrimination charges filed with the EEOC have increased over the years, rising to 3,721 private sector discrimination charges in fiscal year 2013. An EEOC religious discrimination charge resulted in the United...more

EEOC Publishes Guidance on Employment Rights Related to Religious Garb and Grooming in the Workplace

On March 6, 2014, in an effort to answer questions about how federal employment discrimination law applies to religious dress and grooming practices, the U.S. Equal Employment Opportunity Commission (EEOC) issued a...more

#WWJD? EEOC Provides Guidance on Religious Accommodation

Last week, the EEOC issued specific guidance for employers regarding religious accommodation under Title VII. Entitled "Religious Garb and Grooming in the Workplace: Rights and Responsibilities," the guidance focuses on the...more

EEOC Issues New Guidance on Religious Garb and Grooming in the Workplace

On March 6, 2014, the Equal Employment Opportunity Commission ("EEOC") released a new question-and-answer guide and accompanying fact sheet on religious dress and grooming in the workplace, under Title VII of the Civil Rights...more

Roll Out the Red Carpet: What Employers Need To Know About Dress Code Policies To Avoid Being Nominated for a Lawsuit

The Oscars are synonymous with fashion with viewers critically evaluating red carpet looks to determine their picks for the best-dressed list. But what happens when employers turn that critical eye to the slightly less...more

Dressing for Professional Legal Events – Part 2

We’re excited to welcome back to the blog Desiree Moore with Part 2 of ”How to Dress Your Best for Catapult 2014.” Desiree is from House of Marbury, a fashion and style blog for women lawyers. Welcome back, Desiree!...more

Pay for Time Spent Donning and Doffing Protective Gear

The Supreme Court’s unanimous decision in Sandifer v. United States Steel Corp., No. 12-417 (January 27, 2014) should serve as an impetus for all employers to review their pay practices with respect to paying employees for...more

What to Wear to Professional Legal Events

One question that is often on the mind of law students and young lawyers is what to wear to professional legal events. Today we welcome Desiree Moore from House of Marbury, a fashion and style blog for lawyers. In this post,...more

Supreme Court’s Sandifer Decision Is Not Just About Changing Clothes

In Sandifer et al. v. United States Steel Corp., a unanimous Supreme Court clarified the meaning of "changing clothes" found in Section 203(o) of the Fair Labor Standards Act ("FLSA" or "Act"), holding that "changing clothes"...more

Get Dressed! But Don’t Expect The Company to Pay for It!

Sandifer v. United States Steel Corporation, U.S. Supreme Court No. 12-417, decided January 27, 2014 (appeal from the U.S. Court of Appeals for the Seventh Circuit), is one of the rarer instances in which the Supreme Court...more

Prohibiting “Message” Clothing Without Business Reason Violates the NLRA

The National Labor Relations Board (NLRB) recently deemed a car dealership’s prohibition on “pins, insignias, or other message clothing which are not provided to them by the company” overly restrictive and a violation of the...more

Employment Law - Feb 06, 2014

The More Things Change: U.S. Supreme Court Rules on “Changing Clothes” - Why it matters: In a unanimous decision – save for a single footnote – the U.S. Supreme Court held that the time spent donning and doffing...more

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