Employment Law Today Masthead
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June 19, 2007 — Volume 9, Number 6

AHI's Believe It Or Not
You spot a co-worker from afar and want to grab her attention. Without giving it a second thought, you whistle at her. If you worked at a particular grocery store in Michigan, you'd be without a job. The store fired an employee after using what it called a "wolf whistle" to get a co-worker's attention. The co-worker, who was wearing a prom dress, was entering the market when the employee whistled at her. Made no difference to the company that she didn't complain and had been friends with the employee since seventh grade.

IN THIS ISSUE:

1. Feature Story: Employees' Summer Attire Causes Dress Code Headaches

2. Working With Employees Who Are Working Against You

3. HR Soapbox: Gossiping Gone Too Far!

 
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1. FEATURE STORY:
EMPLOYEES' SUMMER ATTIRE CAUSES
DRESS CODE HEADACHES

Summertime…and the dressing is easy, some employees think. Coming to work in flip-flops and Bermuda shorts may not jibe with your organization's business casual dress code policy. But that they should not be worn to work might not be explicitly spelled out either. When did employees get the idea that "appropriate footwear" includes workplace-inappropriate flip-flops? Never mind the safety risk — that noise is disruptive enough. As for Bermuda shorts, the length might be appropriate in terms of what you allow for skirt/dress lengths, but they are still shorts after all.

These problems (i.e., flip-flops and shorts), along with other summer fashion flops, were cited in a recent Monster.com poll about workplace wear turn-offs. The survey also listed revealing clothing, loud colors or patterns, t-shirts, and wrinkled clothing as top fashion mistakes in the summer.

Employees should be aware of the image they're presenting when they dress according to the outside temperature, and not the work environment. An employee who wants to be taken seriously should dress so. Here are ways to address common summer fashion faux pas.

Leave your flip-flops at the front door. Employees can feel free to wear their flip-flops on their way to work and home. But state a rule that employees are required to change into appropriate footwear when they get to work. List what constitutes appropriate footwear (e.g., no open-toe and/or open-back shoes) and provide examples, even pictures, so there will be no misinterpretation of the footwear rule.

No shorts means no shorts, period. No matter how dressy the shorts appear — this applies not only to women, but also men — they are still shorts. Make sure employees understand that shorts, no matter what length and style, are not allowed.

T-shirts are not work shirts. Employees might need a little guidance as to what an appropriate shirt is for work. They may pick out a shirt in the morning that looks clean, neat, and conservative enough for work, but if it's a t-shirt it still might be too casual. Explain that shirts must have sleeves and a collar; and no sayings, logos, or pictures. If it doesn't have a collar or sleeves, they must wear a blazer, sport coat, or cardigan sweater over the shirt.

If it can be seen from space, it doesn't belong in the workplace. Summer fashion is typically bright, bold, and loudly patterned. There's nothing wrong with an employee wearing rich colors and prints that complement nicely and convey a professional yet stylish appearance. But let them know that fluorescent colors, Hawaiian shirts, animal prints, etc., are not appropriate.

We don't need to see your undergarments. Employees may want to get to know their co-workers better, but they don't need to know them that well, i.e., the color and style of their underwear. Some tops (e.g., spaghetti-strap) and bottoms (e.g., low-rise) do just that. To combat this, set a rule that shoulders must be covered, and shirts must be long enough to completely cover the midriff and the waist of pants or tucked in.

Pressing is a pressing need. Some materials, such as linen and cotton, are prone to wrinkling. For a finished look, employees must finish the process of laundering, including ironing. Give them these no-iron-required tips for eliminating wrinkles: hang the garment in the bathroom when showering so the steam will help get rid of the wrinkles; remove the garment from the dryer when the cycle ends and hang it immediately; bring clothing to the cleaners.

While implementing these simple summer fashion guidelines, remember to be flexible with your dress code for accommodation reasons. For example, exempting an employee from a no-headgear rule because of a religious requirement to wear a headscarf. For more dress code policy situations and advice for handling them, including how to fairly and legally apply policies to the sexes, download a copy of AHI's Free Report, "Casual Dress Code Policies."

HAVE YOU REVIEWED YOUR EMPLOYEE HANDBOOK LATELY?

If not, the next person reviewing it might be a disgruntled employee's attorney.

If there's trouble, the first place your employee's attorney will probe AHI's Complete Policy Handbookis company policies. With AHI's Complete Policy Handbook, you can make your policies the first line of defense in shooting down multi-million dollar lawsuits BEFORE they crash-land on your financial bottom line.

Don't wait until an employee lawsuit or a government investigator forces you to review your policies. With AHI's Complete Policy Handbook, you get a complete set of legally defensible company policies that you can print in the time it normally takes you to get a cup of coffee.

Visit our website to get your copy today.

2.

WORKING WITH EMPLOYEES WHO ARE WORKING AGAINST YOU

Managers often hear advice on what to do when two employees clash and don't work well together. Now, what do you do if the person with which an employee doesn't get along is you? Employees may...View the full story on our website.

FREE REPORT

Check out the Free Report, "Casual Dress Code Policies," which explores how to implement a casual dress code policy while still maintaining professional dress code standards. Get advice on when the law requires you to make an exception to a dress policy, as well as a sample casual dress code policy itself.

3.
HR SOAPBOX: GOSSIPING GONE TOO FAR?

Kick back, relax, and take a few minutes to check out the new HR Soapbox, "Gossiping Gone Too Far?," in which an editor gives advice for reining in gossiping employees before jumping to termination conclusions.

TOP 5 RESOURCES FOR HUMAN RESOURCES PROFESSIONALS

The Complete Policy Handbook1.
The Complete Policy Handbook

Shows you how to safeguard against the damage that loopholes in your employee handbook can cause. You'll get a CD-ROM containing a complete set of ready-to-print policies for a foolproof manual of your own...policies that have stood up to courtroom challenges...with language that has worked in defending other employers.

Employer's Guide To Record-Keeping Requirements2.
Employer's Guide To Record-Keeping Requirements

Covers all the records, files, and documents demands made on employers by state and federal laws and agencies; as well as what you must post on company property to stay on the right side of employment laws.

Employee Problem Solver 3.
Employee Problem Solver

Gives you a solid mix of practical advice seasoned with legal experience for attacking the problem, not the personality, in difficult situations that you and your managers face every day. Each general problem area is designed to offer immediate practical steps for preventing, attacking, and solving tough personnel problems.

AHI's Complete Employee Termination Kit4.
AHI's Complete Employee Termination Kit

Covers all the steps, tips, and tools you need to: audit the termination decision; break the news to employees; interview exiting employees; properly document your actions; and comply with federal and state employment laws (including payment of final wages). It also includes customizable versions of all of the termination forms, notices, and documents you'll need.

Complete Personnel Documentation Library5.

Complete Personnel
Documentation Library

Gives you a complete collection of Human Resources department documents for every situation... customizable with the click of your mouse. We have designed all the forms based on legal specifications to protect you and your organization from costly fines and lawsuits.

Copyright © 2007 by Alexander Hamilton Institute, Inc.
Employment Law Resource Center at www.ahipubs.com
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