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How to deal with an employee who violates the dress code

This guide outlines practical steps employers should take when addressing employee dress code violations, including establishing policies, communicating expectations, and responding to noncompliance.

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by Jason Habinsky, Haynes & Boone

When developing a dress code policy, employers should seek to create one that meets the employer’s specific needs.

In this guide, learn about:

  • Step 1: Identify the appropriate dress code policy
  • Step 2: Publicize the dress code policy
  • Step 3: Observe employee attire
  • Step 4: Talk to the employee if there is a violation

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Latest updates

Updated with respect to the National Labor Relations Board’s August 2023 Stericycle ruling, which adopted a new legal standard for evaluating the validity of workplace rules under the National Labor Relations Act.

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About the author

Jason Habinsky

Jason counsels both small and large domestic and international clients on a wide range of employment-related issues, including discrimination, harassment, accommodation, wage and hour and employee benefits. His counseling also focuses on advising clients on improving the workplace in all respects, including drafting and revising employment policies and procedures, offering best practices on interviewing and hiring; and advising on employee discipline, reductions in force and terminations.

Mr. Habinsky has experience advising clients on the latest hot-button issues affecting the workplace, such as those relating to privacy, technology and social media. He also has extensive experience litigating employment disputes of all types, including representing employers against claims alleging all types of discrimination, harassment, retaliation, wrongful discharge, wage and hour violations and breach of contract, before federal, state and local courts and agencies, and through alternative dispute resolution.

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