Most healthcare employers require employees to wear some sort of uniform. Of course, the most familiar uniforms in this setting are “scrubs,” but some employers require lab coats or other garments.
Some healthcare employers also require that uniforms be cleaned daily and be wrinkle-free. Does the clean and wrinkle-free requirement mean that employees must be paid for the time they spend washing and ironing their uniforms? That issue lies at the center of a recent lawsuit filed under the federal Fair Labor Standards Act (FLSA) against a nursing home facility in Pennsylvania. Guerra v. Heartland Employment Services LLC.
Professional Appearance and Dress-Code Policy
According to the complaint, the nursing home adopted a “Professional Appearance and Dress Code” policy that requires employees to show up for work each day in a clean, wrinkle-free uniform. Employees allegedly were forced to purchase the uniforms from a single approved vendor, were not provided with “onsite” laundry service or facilities, and faced discipline if they failed to comply with the policy.
A nurse’s assistant sued the nursing home, alleging that in order to comply with the policy, she spent an average of three hours per week at home washing, drying, and ironing her uniform. She alleges that the nursing home violated the FLSA because it failed to compensate her for this “off-the-clock” time.
Although this case is in its infancy and there have been no significant rulings yet, the allegations highlight the murky question of whether time spent maintaining mandatory uniforms is compensable under the FLSA. One uniform issue where we have some guidance relates to how the cost of maintaining such uniforms is treated under the FLSA.
