Can I deduct the cost of replacement uniforms from employees paycheck?

Asked almost 2 years ago - Evanston, IL

If a part-time minimum wage employee damages a uniform shirt they've already been given can I charge them for the replacement?

Attorney answers (2)

  1. Alan James Brinkmeier

    Contributor Level 20

    Answered . As a minimum wage earner part time did you sign an agreement in writing that you are to pay for cleaning and uniform upkeep?

  2. Tyson B. Snow

    Contributor Level 14

    1

    Lawyer agrees

    Answered . There are two considerations here: first is federal law and second is state law.

    "Federal law allows employers to deduct the cost of supplying and maintaining a uniform (for example, having it cleaned and pressed) from an employee's paycheck, as long as the employee's wages after the deduction don't fall below the minimum wage. If an employee earns the minimum wage, the employer may not require the employee to pay for a uniform, through payroll deductions or otherwise."

    I would read the DOL's Fact Sheet #16 - "Deductions from Wages for Uniforms and other Facilities under the Fair Labor and Standards Act"

    http://www.dol.gov/whd/regs/compliance/whdfs16.pdf

    However, according to the Illinois Department of Labor, "An employer cannot deduct money from your pay for case or inventory shortages or damages to property or equipment, or for a uniform unless you sign an express written agreement allowing for the deduction at the time the deduction is made."

    http://www.state.il.us/agency/idol/faq/qawage.htm

    I hope that information helps. Without a complete understanding of the situation, I can't give you a "yes" or "no" answer but those links should point you in the right direction. You should always feel free to contact your state department of labor and ask them for assistance.

    -Tyson-
    http://www.padrm.com
    http://www.linkedin.com/in/tysonsnow

    My thoughts and comments are for general information only. The do not constitute legal advice and they should not... more

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