Legal Question in Employment Law in California
I work for an airline at LAX. They require us to wear a specific, company supplied uniform, They have not provided us with a uniform jacket for cold weather, They will not allow us to wear personal jackets, of any kind. Even of previous company issue. They say we must buy a Parka style jacket from the company and that is the only acceptable cold weather jacket. We have brought up legality of this inCA and are told that it is an optional items, thus they will not supply it.
Is this legal in California. The airline is based in Seattle but we work at LAX. Customer Service Agents, not Flight Attendants. We do not leave the state.
We are required to spend large amounts of time outdoors, in every possible weather condition. Current uniforms are very thin, and not suitable for cold, rainy conditions. Would this not quilify as part of a required uniform piece.
Telling a diver, he can work in shorts, but if he wants to stay dry he needs to purchase a dive suit . Are workers that are required to work in adverse conditions not required to be supplied with appropriate gear, uniform?
3 Answers from Attorneys
Based on your description, it sounds like a mandatory article of clothing which would be defined as a uniform. Coupled with the legal obligation that employers have to maintain a healthy and safe work environment, you should have a legitimate claim that the airline pay for approved cold weather apparel, if they refuse to allow you to wear your own.
If you are in a union, you have a grievance right, and nothing more.
If not unionized, the employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, policies, rules, etc. just not retroactively. Employees have the 'right' to pay and employee benefits per the state wage and hour laws and any formal company policy that may be in place, to be provided a 'safe' workplace to minimize risk of injury, and sometimes are entitled by law to certain medical/pregnancy leave rights. That's about it. There are no laws against 'unfair treatment' or poor management.
You may be required to wear a 'uniform' and required to pay for it. A company is not obligated to provide it free to you. Some do.
In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy.
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