Legal Question in Employment Law in California

I work at a sports bar as a cocktail waitress. We just received new uniforms which consist of short skirts and thin, short-sleeved shirts. Sometimes, the temperature falls well below 70 degrees (68 degrees is about average) and we, understandably, get cold. Our employer recently prohibited us from wearing jackets, sweaters, coats, undershirts, and the like if we are cold, saying, "If you're cold, you can go work somewhere else." Is this legal?


Asked on 1/13/10, 2:52 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

In general, employers get to dictate uniform usage and dress codes, but if that rule creates a 'health hazard' you could have a potential Cal-OSHA violation or even a WCAB case in an extreme situation. You can make a confidential Cal-OSHA complaint and ask for inspection.

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Answered on 1/18/10, 4:20 pm


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