Getting sent home from work for not dressing up. Is it legal?

My sister works at Joe's Crab Shack in Sacramento, CA. They have a standard uniform but this week in Downtown Sacramento they are celebrating Gold Rush Days, so Joe's asked all of their employees to wear "cowboy attire" but specifically stated they would not provide the attire. My sister doesn't have anything "cowboy" so she borrowed a cowboy hat and wore her standard uniform with the cowboy hat. Her manager sent her home for not wearing cowboy attire. I'm just wondering if that's legal and why or why not.Getting sent home from work for not dressing up. Is it legal?
There do not appear to be any Federal labor laws that go to an employer's "dress up days", but your state's Department of Labor office may be able to provide some direction.



The problem is what did your sister lose? Is she out a full days pay or an hour? AND is that amount of money worth the expense she will incur in suing her employer? Even if all she does if file a complaint with CA Dept of Labor, is it worth it for her to file a legal complaint against her current employer for a small amount of money lost.



In this horrid economy every employee must look at what they may achieve by filing a legal complaint against their employer. Generally such complaints can take months or even years for investigation by the government agency (here that would be CA DOL), during that period of time the employer will be required to produce legal records and respond to a government inquiry. This will cost the employer. AND even though it is also illegal to retaliate against someone who has filed a report against their employer, in the real world employers can build a case against someone they have singled out and terminate them. Which for employee means they are out of work, probably are fighting for their unemployment benefits, but yes they do have that DOL complaint and a retaliation complaint to follow.



As for your sister, I can understand her employer's frustration. Surely she has jeans and a plain cotton blouse. Surely she could have purchased a cheap red bandana to put around her neck, they only cost a buck in a dollar store. That with the cowboy hat would have been all she needed. To the employer her not even taking the time to think how she could follow the employer's costume request was insubordination.
An employer is free to dictate a dress code as long as it violates no federal or state laws.



An employer is not required to provide a uniform even if a uniform is required. It may not have been explained properly during the interview process which is deceptive and sleazy (or just plain negligent) but that alone won't relieve your sister of purchasing whatever it is she has to to keep this job.



Sorry for the bad news.



SteveGetting sent home from work for not dressing up. Is it legal?
It is legal to be sent home from work for not dressing up. Your sister could have tried harder to come up with "cowboy attire." She should make more of an effort to dress appropriately if there are any other events where the employees are asked to dress up and not wear the standard uniform.
Really, she didn't wear cowboy attire other than the hat and she was told to wear cowboy attire so I guess her manager was right in sending her home. Her whole outfit needed to be cowboy attire.
To be honest i hope she didnt go back for the day..



If he want his staff to dress up then he should provide the costume.



I wouldnt say its illegal, i would say hes a silly boss, make sure she gets paid if she didnt go back.
I don't know.



As a lawyer.



It might be because it was requested by the company.



Was anyone else sent home ?



Peace.
While I don't think it's fair, It is by no means illegal. The place can set any dress code they like, and the employees a have to follow it.