Do You Have to Pay for Your Own Uniform at Work?

Uniforms in the workplace are liked by some employees and disliked by others. But when it comes to the law, the legal issue isn’t so much whether you like or don’t like them—it’s whether or not you have to pay for them, out of your own pocket.

Employer Pays, but is it a Uniform?

As a general rule, your employer can require that you wear a uniform but cannot require that you pay for that uniform out of your own money.

Employers know this but will often try to say that they aren’t requiring you to wear an actual uniform, but rather, that they’re just enforcing a dress code. Employers generally don’t have to pay the costs of employees’ clothes when there is a dress code.

But any policy that requires employees to wear a specific item of clothing, is not a dress code, but rather, a uniform.

What’s a Uniform?

Uniforms generally have a unique design or color, or perhaps, apparel with branding on them.

They also may include any clothing worn for safety, or to show uniformity amongst workers.

As an example, Starbucks is embroiled in lawsuits and claims over a change in company policy which now requires its workers to wear black shirts underneath their aprons. Many of those workers have complained that they had to buy new shirts, and new shoes, to comply with the newly imposed dress codes.

As an example, imagine your employer were to say that no open toed shoes can be worn at work. That would be a dress code. But if your employer said only black sneakers can be worn at work, that would be construed as a uniform, and thus, your employer would have to pay the cost of those shoes for its employees.

If your uniform requires any special care for maintenance—that is, if work clothing requires anything other than just washing it and wearing it—the employer must also pay expenses related to that maintenance.

What About Non Clothing Appearance Requirements?

Many employers will enforce hairstyle or appearance standards at work. These are legal, but California law does prohibit enforcing any appearance requirement that would be associated with, or which would discriminate against, a race or nationality. So, for example, a prohibition on dreadlocks might be illegal, as being discriminatory.

Safety Exceptions

There are exceptions for safety reasons—for example, long hair can be prohibited, or the employer can require that hair be tied back or put in a hairnet, if the employee were working with food, where sanitation is important, or around heavy machinery, where long hair can cause a safety hazard.

Many employers will try to deduct the cost of uniforms from your paycheck. This is illegal. There are limited exceptions if you purposefully damage the uniform and it needs replacement.

Don’t let your employer make you pay for things you shouldn’t have to pay for. Contact the California employment and wage and hour law attorneys at the Costanzo Law Firm today for help.

Sources:

dir.ca.gov/dlse/faq_deductions.htm

sbshrs.adpinfo.com/newsletter/uniforms-tools-and-other-expenses-who-pays