Can my employer ask me to pay for my uniform?

Bankruptcy and Debt 7 views 2 answers
I am required to wear a uniform with the company name logo in a catering business. Is my employer responsible for providing this?

Attorney Answers

2
Richard William CastletonEmployment / Labor AttorneyDenver, CO ·
No and yes. It depends on the specific facts surrounding the deduction. The first question is whether your employer and or you are subject to state and or federal law. I am going to focus on federal law since the Indiana statute generally says that if you are subject to the Federal Fair Labor Standards Act you are not subject to the state wage and hour law. On the federal level, the Fair Labor Standards Act provides that only certain deductions may be made from an employer's wages. These are set out in the statute, and generally include taxes, health insurance and similar premiums, board, lodging, and other facilities like certain utility bills. In most instances, though, the employer is not permitted to deduct costs from an employee's wages. Most commonly these include things like uniforms, when a register is not balancing, broken items, and other similar withdrawals. However, there are exceptions. For example, an employer is not required to provide you with seven different uniforms. It is very common for an employer to provide one or two uniforms to the employee at the employer's expense as required by the law, but then allow employees to purchase additional uniforms if they so desire. Those purchases, whether by cash or withholding from the paycheck, are permitted and do not necessarily violate the law. Therefore, if the employer is charging you for every uniform, uniforms are mandatory, and you cannot use the uniform for other jobs, then it is possible that this is a violation. If they require you to purchase additional uniforms beyond the first and or second and you are allowed to take them to other jobs, then this may not be a violation. It depends on the specific facts. Please remember that this analysis is for informational purposes only; is analyzed under the federal statute, not the state; and it is based on the limited facts you provided in the description above. More facts are needed. You are encouraged to contact a qualified attorney so that they may review the facts of the case and determine whether there is a violation of federal and or state law.
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Christopher Leroi ·
Not necessarily. They can possibly make you pay for it. I would contact an attorney in your local area who practices in employment law to discuss your contract and the responsibilities that you have under the contract. It is really a case by case situation.
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