When does an employer have to pay for a uniform?
Employers must generally pay for uniforms if wearing one is required by a law, by the nature of a business or by the employer. Under those circumstances, the employer must also pay to maintain the uniform. If the employer requires the employee to pay for or maintain the uniform, it may not reduce the employee’s wage below the minimum wage.
Do you have to wear employer uniforms outside the workplace?
This type of arrangement will ensure that uniforms do not leave the employer’s premises. Employees should have no need to wear the uniforms outside of the workplace or remove them from the premises.
Do you have to pay for work uniforms under OSHA?
To help clarify any cost responsibilities regarding PPE included with work uniforms, OSHA regulation 1919.132(h) requires that all PPE, with few exceptions, must be provided and paid for by the employer. This puts liability on the employer if the proper PPE is not provided and utilized. To avoid liabilities,…
How does an employer maintain control over uniforms?
Maintain control over uniforms by keeping uniforms on the premises – for example, an employer may allocate uniform items to employees to wear during their shifts, provide appropriate change room facilities for employees to change into their uniform and provide a laundering service to ensure that uniforms are cleaned for employees.
Do you have to pay for work uniform?
Under those circumstances, the employer must also pay to maintain the uniform. If the employer requires the employee to pay for or maintain the uniform, it may not reduce the employee’s wage below the minimum wage.
Are there any deductions for the cost of uniforms?
The employer may prorate deductions for the cost of the uniform over a period of paydays provided the prorated deductions do not reduce the employee’s wages below the required minimum wage or overtime compensation in any workweek. Other Items: Employers at times require employees to pay or reimburse the employer for other items.
Can a company prorate the cost of uniforms?
A: Under the FLSA, provided the deductions never reduce the employee’s pay below the applicable minimum wage, you may prorate the cost of uniforms over more than one pay period. However, this practice is prohibited in some states, so check your state law.
Is the Department of Labor required to wear uniforms?
The answers to your questions depend on the nature of the uniforms and on how much they cost. The Wage and Hour Division (WHD) of the U.S. Department of Labor has said that “there are no hard-and-fast rules in determining whether certain types of dress are considered uniforms” for purposes of compliance with the Fair Labor Standards Act ( FLSA ).