LEGAL GUIDE
Written by Avvo Staff | Mar 1, 2017

Who pays for tools, uniforms, and other work equipment?

Federal Regulations

The question of “who pays?” is more abstract than it sounds. There are different types of work tools—including personal protective equipment (like gloves) and company uniforms. The U.S. Department of Labor sets a few blanket guidelines:

  1. The cost of equipment or uniforms many not reduce the employee’s wages below the federal minimum.
  2. The cost of equipment or uniforms uniform may not be taken out of the employee’s overtime pay (required >40 hours).

So, if you are paid minimum wage, then you cannot be asked to pay for anything extra—as it would de-facto reduce your income unlawfully low. Also, it cannot be deducted from any overtime pay you might receive.

If you are paid above $7.25 an hour, then an employer may technically deduct from your wages to pay for uniforms or job equipment (even if that equipment is required by law).

Federal OSHA guidelines do not require employers to buy gloves and hairnets for food workers.

It’s worth noting, however, that having employees pay for their own gear could be bad for business. Employees that feel unappreciated may seek work elsewhere.

State Variations

The second element is state law. Some states choose to get much pickier about employees bearing the costs of doing business.

Below is a quick summary of state laws on uniforms. Check your state's Department of Labor website for more information. As laws can be difficult to understand, let alone find—consider talking to an employment lawyer for specific guidance.

Finally, there are other relevant laws to consider when researching this question. Check out your state law on payroll deductions and your state minimum wage to get a full picture.

Who pays for workplace uniforms?
  Usually Employers Usually Employees Notes
Alabama  
Alaska   The employer must pay if the uniform is required by law OR "cannot be worn during normal social hours".
Iowa   The employer must pay for a uniform that identifies the business through a logo or company colors. They may deduct from paycheck for a generic uniform-- such as black pants.
Kansas  
Hawai'i  
Kentucky  
Louisiana  
Maine  
Maryland  
Massachusetts   The employer must pay for all uniforms that have a similar design, color, or material. This does not include a type of dress where variation is allowed (e.g. formalwear).
Michigan  
Minnesota   The employer has to pay for uniforms that you couldn't wear outside of that job. They may, however, require a deposit for the uniform (no more than $50).
Connecticut   Employers must have the deduction approved by the Connecticut Wage and Workplace Standards Division.
Mississippi  
Missouri  
Montana  
Nebraska  
Nevada   The employer must pay for any uniform that is "distinctive as to style, color or material", as well as its dry cleaning (if necessary).
New Hampshire   The employer must pay for any garment with a company logo or that is otherwise distinctive.
New Jersey   The employer must pay for any uniform that's not appropriate for street wear nor for use at another establishment.
New Mexico  
New York   An employer must pay for uniforms. They do not, however, have to pay for a "dress code" (i.e. white shirt and black pants).
North Carolina  
Delaware   The cost may not, however, be deducted from wages.
Ohio  
Oklahoma  
Oregon   The cost of the item may not be averaged over more than one pay period.
Pennsylvania  
Rhode Island  
South Carolina  
South Dakota  
Tennessee  
Texas  
Utah   An employee may have to initially buy the uniform, but the employer must offer to buy it back for a "fair and reasonable" price at the end of employment.
Florida   There is an exception: if the employee is a day-laborer that requires safety equipment, clothing, and accessories by law, then the employer must buy them.
Vermont  
Virginia  
Washington   An employer must pay for a specific uniform, but not for attire within a dress code .
West Virginia  
Wisconsin  
Wyoming  
Arizona  
Arkansas  
California   The employer must pay for uniform-- defined as clothing "of a specific style and color".
Colorado   The employer must pay unless the uniform is ordinary streetwear with no special color, make, pattern, logo, or material.
Georgia  
North Dakota  
Hawai'i  
Idaho  
Illinois  
Indiana   The deduction cannot exceed 5% of the employee's weekly earnings (with a cap of $2,500 per year).
Sources
http://www.labor.state.ak.us/lss/forms/pam100.pdf
http://www.dir.ca.gov/dlse/faq_deductions.htm
https://www.colorado.gov/pacific/cdle/uniforms
http://www.ctdol.state.ct.us/wgwkstnd/faqs-employers.htm#deductions
http://archive.flsenate.gov/statutes/index.cfm
http://www.ilga.gov/commission/jcar/admincode/056/056003000D08400R.html
http://www.in.gov/dol/2345.htm
http://www.iowadivisionoflabor.gov/wage-frequently-asked-questions
http://www.mainelegislature.org/legis/statutes/26/title26sec629.html
http://www.mass.gov/lwd/docs/dos/regs/454-cmr-27-00-minimum-wage.pdf
https://www.revisor.mn.gov/statutes/?id=177.24
http://www.leg.state.nv.us/NRS/NRS-608.html#NRS608Sec165
http://www.gencourt.state.nh.us/rsa/html/XXIII/275/275-48.htm
https://labor.ny.gov/formsdocs/wp/LS400.pdf
http://www.oregon.gov/boli/TA/pages/t_faq_tadeduct.aspx
https://rules.utah.gov/publicat/code/r610/r610-003.htm#T18
http://labor.vermont.gov/wordpress/wp-content/uploads//Minimum-Wage-Rules.pdf
http://app.leg.wa.gov/RCW/default.aspx?cite=49.12.450
http://www.wyomingworkforce.org/_docs/labor/Wage-Offset-Rules.pdf

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