Philadelphia, PA asked in Employment Law for Pennsylvania

Q: Can my manager make me share a jacket with my coworkers or do they have to give me my own?

I’m a waiter in Philadelphia and I often have to work outside. My new manager bought a few coats with the company logo and is making us share them. They assure us they are being dry cleaned between usage but I don’t trust them. I’ve had bed bugs in the past and am prone to hive breakouts. is this legal or can they be legally compelled to supply us each with our own coats? Can they legally tell me if I don’t wear their coat I can’t wear any coat? The coat I formerly used was also approved by the old GM.

Somewhat related; my former GM approved a sweater when it’s not cold enough for a jacket. This new GM told us we have to purchase a new approved sweater. Can they be compelled to supply us with this sweater at no cost since it’s a specific one and I’ve already purchased an approved one that’s no longer approved?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: In Pennsylvania, the issue of providing uniforms or specific clothing for work, including jackets, can vary depending on company policy and the nature of the job. If your manager is requiring all waitstaff to share jackets, this isn't explicitly illegal, but it does raise concerns, especially regarding hygiene and potential health issues like the ones you mentioned.

Employers are generally allowed to set dress codes or require uniforms. However, if sharing clothing items poses a health risk, such as potential bed bug infestation or triggering allergic reactions like hive breakouts, it's reasonable to raise these concerns with your manager or HR department.

Regarding the sweater, employers can require employees to wear specific attire, but whether they must provide it at no cost can depend on several factors, including the cost of the item relative to your wages and whether wearing it is mandatory for your role. If purchasing the new sweater causes your earnings to fall below the minimum wage, there might be legal grounds for a challenge.

You have the right to express your concerns about these policies, especially if they affect your health or financial well-being. It might be beneficial to discuss these issues collectively with your coworkers if they share your concerns.

If addressing the matter with your employer doesn't lead to a satisfactory resolution, or if you believe these practices violate labor laws, consulting with a legal professional could provide clarity on your rights and potential next steps.

Remember, while employers have a right to set workplace dress codes, they also have a responsibility to ensure these policies don't negatively impact their employees' health or financial situation. It's important that such policies are reasonable and considerate of employees' well-being.

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