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Uniforms and whether or not employer must provide changing/locker area New York

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  • Uniforms and whether or not employer must provide changing/locker area New York

    Im looking for some clarity with changing areas at my workplace. My company requires us to wear a company logo shirt and workboots. It is my understanding that we are not required to wear these to and from work and that the employer is required by law to provide a private changing area so that male and especially female workers can change his or her shirts before and after work. My boss tells us that we can do that in the bathroom but I believe that they are required by law to provide a private space outside of the bathroom to change. Can anyone clarify this for me? I understand that we are only changing our shirts and we usually just wear them to work but some people don't want to and I believe we should have a place to change our shoes and shirt. I would appreciate any help with this.

  • #2
    If such a requirement exists, it would be specific to NY.

    It has been a while since I have hard studied federal law on this issue, but my understanding is the a logo'd shirt is legally nothing, and while safety shoes are not legally nothing, it requires something more, like say contamination with chicken parts to require the sorts of things you are talking about. For whatever it is worth, there are court decisions going both ways on police uniforms, which are vastly more obtrusive then what you are talking about.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      In general, there are no requirements you be provided a changing room to put on a logoed shirt or work boots. A restroom would be appropriate even if such a space were to be provided. In fact, most changing rooms also double as restrooms, so this is hardly unusual. Is there a reason you can not don these items prior to arriving at work? Presumably you are wearing a shirt and shoes of some kind to arrive at work. Must these be donned while on site?
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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      • #4
        I worked at a manufacturing company. All office employees were required to wear hard hats,safety glasses and safety shoes if they went in the factory. We kept the gear at our desks and changed there. Anyone who violated that rule was fired. No changing rooms for us or the factory employees. Perfectly legal.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          I was in the same situation. We had a few employees in one department who were required to don specialty gear they could not wear outside the facility, but that was a rare exception, not the rule. We did have a small changing/storage room for those folks.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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          • #6
            If we look at the actual case law, there was a really big SCOTUS decision involving a chicken processing factory and nasty chicken parts and stuff on the floor which employees stepped in all day. SCOTUS ruled that a specific changing room(s) was required and that this was hours worked. 1960s case. Big deal at the time.Any time you are talking ours worked and changing clothes, this is THE case. Changing rooms is not normally FLSA (federal labor law) but since the SCOTUS decision specifically discussed changing rooms under extreme conditions, that is sort of an exception. Fire department officers are well established on the same point, going back the 1940s

            Police officers have no SCOTUS case on this issue, just a bunch of conflicting lower court decisions.
            Last edited by DAW; 01-21-2015, 08:16 AM.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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            • #7
              Originally posted by TomNYC212 View Post
              Im looking for some clarity with changing areas at my workplace. My company requires us to wear a company logo shirt and workboots. It is my understanding that we are not required to wear these to and from work and that the employer is required by law to provide a private changing area so that male and especially female workers can change his or her shirts before and after work. My boss tells us that we can do that in the bathroom but I believe that they are required by law to provide a private space outside of the bathroom to change. Can anyone clarify this for me? I understand that we are only changing our shirts and we usually just wear them to work but some people don't want to and I believe we should have a place to change our shoes and shirt. I would appreciate any help with this.
              In modern times, some on the left believe that if StarShip Troopers wouldn't have a problem with it, why should the Militia of the United States.

              10USC311 applies.
              Disclaimer: I am not a lawyer or qualified to practice law in any state. I only argue legal theory and politics, from an economics perspective.

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              • #8
                And maybe if we get really lucky, either the StarShip Troopers or the Militia of the United States, I don't really care which, will haul you out of our hair.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                • #9
                  just like the right; nothing but repeal instead of better solutions at lower cost.
                  Disclaimer: I am not a lawyer or qualified to practice law in any state. I only argue legal theory and politics, from an economics perspective.

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