Uniforms and Their Maintenance

Under the

Fair Labor Standards Act

U.S. Department of Labor

Employment Standards Administration

Wage and Hour Division 

WH Publication 1428 

Revised March 1984 

In response to many inquiries, the Wage and Hour Division has prepared the

following statement which contains the answers to the most frequently asked

questions about uniform procurement and maintenance under the Fair Labor

Standards Act (FLSA). 

(1) (Q) When is an employer required to furnish an employee with a uniform? 

(A) The FLSA does not require that employees wear uniforms. However, if

the wearing of a uniform is required by some other law, the nature of

a business, or by an employer, the cost of the uniform is

considered to be a business expense of the employer. If the employer

requires the employee to bear the cost, it may not reduce the

employee's wage below the minimum wage or cut into overtime

compensation required by the Act. For example, if an employee who is

subject to the statutory minimum wage of $3.35 an hour is paid $3.50

an hour and works 45 hours in the workweek, $6.00 is the maximum 

amount the employer can legally deduct from the employee's wages and

still satisfy the minimum wage and overtime requirements of the Act 

($3.50 - $3.35 = $.15; $.15 x 40 hours = $6.00). If the same employee

works 30 hours in the workweek, $4.50 is the maximum amount the 

employer can legally deduct from the employee's wages ($.15 x 30

hours). 

(2) (Q) May an employer require a prospective employee to purchase a uniform

as a condition of employment? 

(A) The FLSA does not forbid such a requirement. However, the employee

must be reimbursed, no later than the next regular payday, to the

extent that the cost of the uniform cuts into the minimum wage or

overtime compensation required by the Act. See examples in Answer #1. 

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(3) (Q) If an employee has a uniform provided by a past employer, which is

acceptable to the new employer at the time of hire, must the new

employer reimburse the employee for the cost of this uniform? 

(A) No, because the employee does not have to incur an additional expense

in order to meet the new employer's uniform requirement. 

(4) (Q) In the above situation, suppose the employer agrees to pay the

employee an amount in excess of the applicable minimum wage,

with the understanding that the excess payment is to enable the

employee to replace the uniform when it is worn out. Would such a

policy be in compliance with the monetary provisions of the Act? 

(A) Yes, if the amount in excess of the minimum wage, when accumulated, is

in fact sufficient to purchase a replacement uniform. For example, an

employee subject to the $3.35 an hour minimum wage who works 40 hours

a week at a rate of $3.55 an hour would accumulate $8.00 a week 

toward the purchase of a uniform ($3.55 - $3.35 = $.20; $.20 x 40 =

$8.00). If the uniform costs $22, the employee would have enough

money accumulated after 3 weeks to cover the cost of the uniform (3

weeks x $8.00 a week = $24). 

(5) (Q) If an employer furnishes an employee with a required uniform, may the

employer deduct the actual cost thereof from the employee's next

paycheck? 

(A) The employer cannot make such a deduction, if by so doing the wages

paid are reduced below the applicable minimum wage or overtime

compensation required by the Act. However, a deduction which does not

cut into the required minimum wage or overtime compensation is

permissible. See examples in Answer #1. 

(6) (Q) If an employer is paying in excess of the applicable minimum wage,

may (s)he prorate deductions for uniform costs over a period

of paydays? 

(A) Yes, if the prorated deductions do not reduce an employee's wages

below the required minimum wage or overtime compensation in any

workweek. See examples in Answer #1. 

(7) (Q) When an employee is required to purchase a uniform the cost of which

cuts into minimum wage or overtime compensation required by the Act,

may the employer reimburse the employee periodically over the life of

the uniform? 

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(A) No. Reimbursement for the purchase of a uniform must be made promptly

on the next regular payday, and may not be spread over the life of the

garment. In other words, to the extent that the cost of a required

uniform purchased during one workweek cuts into the minimum wage or

overtime wages required by the Act during that workweek, the employee

must be reimbursed on the next regular pay day. See examples in

Answer #1. 

(8) (Q) May an employer who pays an employee more than the minimum wage deduct

an hourly amount in order to recover uniform costs? 

(A) Yes. Deductions from wages for uniform costs which neither reduce the

amount of pay below the applicable minimum wage rate nor reduce the

amount of overtime compensation below that required by the Act do not

result in a violation of the Act. See examples in Answer #1. 

(9) (Q) Sometimes an employer, instead of requiring that employees wear a

uniform, instructs employees to wear dark colored trousers or skirts

and dark colored shoes. Would these items be considered a uniform? 

(A) Each case of this type must be decided on the basis of all the

particular facts. However, certain general guidelines apply. If an

employer merely prescribes a general type of ordinary basic street

clothing to be worn while working and permits variations in details of

dress, the garments chosen by the employees would not be considered to

be uniforms. For example, where an employer's only instructions to

employees regarding their attire are that they wear dark colored

trousers or skirts and dark colored shoes, such items of clothing

would not constitute a uniform. On the other hand, where the employer

does prescribe a specific type and style of clothing to be worn at

work, e.g., where a restaurant or hotel requires a tuxedo or skirt and

blouse or jacket of a specific or distinctive style, color, and

quality, such clothing would be considered uniforms. Of course, any

article of clothing which is associable with a specific employer, by

virtue of an emblem (logo), or distinctive color scheme, would be

considered a uniform. 

(10) (Q) Who is responsible for payment of uniform laundry costs? 

(A) Unless an employer is paying an amount sufficiently in excess of the

applicable minimum wage, (s)he must reimburse employees for

laundry and maintenance costs in order to prevent such costs from

cutting into the minimum wage or overtime pay required by the Act.

See examples in Answer #1. 

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(11) (Q) Where the actual cost of laundering a uniform has not otherwise been

determined, what amount of reimbursement to the employee would the

Wage and Hour Division accept as compliance? 

(A) For enforcement purposes, the Wage and Hour Division will accept the

payment to an employee of the following weekly amount. (The weekly

amount may be paid on a daily basis by dividing the amount by 5, as

also shown below.): 

Effective January 1, 1981 -- $3.35 per week or 67 daily 

(12) (Q) May an employer reimburse an employee for this cost by utilizing an

hourly supplement to the basic minimum wage? 

(A) Yes, provided that the hourly supplement is a result of a bona fide

collective bargaining agreement or that such hourly payments result in

the employee receiving the full daily and weekly amounts for each

workweek as shown above. Otherwise the daily or weekly supplement

must be paid. 

(13) (Q) How are part-time employees to be treated under this enforcement

position? 

(A) The Wage and Hour Division will accept the payment of the daily amount

for each day of work, regardless of the length of the day. 

(14) (Q) Are the weekly and daily amounts described above the only figures that

may be utilized to reimburse an employee for uniform maintenance

costs? 

(A) No. This is an enforcement position only, and where it can be clearly

demonstrated that the costs are higher, such amounts must be

reimbursed to the employee. 

(15) (Q) Is an employer responsible for payment of uniform laundry costs when 

uniforms are of a "wash and wear" material? 

(A) If the uniforms are of a "wash and wear" material which requires only

washing and tumble or drip drying, and if they can be laundered with

other personal garments, a uniform maintenance reimbursement would not

be required. However, for those uniforms which require daily or

special laundering due to heavy soiling or usage, or which require 

ironing, dry-cleaning or patching and repairs due to the nature of the

work, a uniform maintenance reimbursement would be required. 

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U.S. GOVERNMENT PRINTING OFFICE: 1984 O -- 439-108: QL 3