Employer Requiring Very Specific Dress Code / Uniform – Refuses to reimburse (KS)

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Location: Kansas (Actual Nursing home location is in Kansas. HQ is in Missouri)

I work at a nursing home that has previously had a relatively relaxed dress code – as long as we were wearing scrubs, we were good. Starting next week, they are implementing a stricter dress code / uniform requirement that will mandate white scrub pants, and one of three colored scrub tops (Turquoise/Teal, Purple/Lilac, or Carnation Pink/Hot Pink).

I don’t think I know anyone who owns white scrub pants for reasons that should be obvious to anyone who thinks about what the job entails, and how often white scrubs would need to be replaced. And the top colors are so specific that basically the entire staff will need to buy new tops as well. The nursing and CNA staff is about 70% male, and those colors are not colors most of us would gravitate towards given the choice. And among the women, they’re still very specific colors that I have only seen a few of nurses wear before.

From our research, it seems like there is a legal distinction between uniforms and dress codes when considering whether the employer is required to reimburse these costs. Corporate has said that we are responsible for purchasing these and that they will not reimburse us. Some of the reading we did mentioned that requiring “specific patterns” qualify as uniforms, but it’s not totally clear whether this qualifies.

Can anyone offer any guidance here as to whether corporate should be responsible for purchasing these? I’m happy to offer any more details that might be helpful. Thank you!

Comments

  1. ApprehensiveEarth659 Avatar

    If these items are easily available, and they aren’t requiring you to wear a specific brand or buy from a specific store, it is likely this is “dress code” and not “uniform”.

  2. Sirwired Avatar

    It is not illegal to make you pay for your work clothing, even if it’s not something you’d normally wear.

  3. laurie181 Avatar

    I worked as a hospice nurse and about a year in, they decided we should wear pink or burgundy scrubs. They provided one set of scrubs each but we had to provide the rest. The guys stuck with the burgundy. It’s annoying but not unusual.

  4. IngeniousTulip Avatar

    I do think from a malicious compliance perspective that all of the male CNAs and nurses should wear patterned boxers under the white pants — and choose the pink and purple scrub tops.

    I think that a few well-placed resident complaints could shut this down. The NHA has to have documented responses to all resident complaints.