In response to many inquiries, the Wage and Hour Division has prepared the following statement which contains the answers to the most frequently as questions about uniform procurement and maintenance under the Fair Labor Standards Act (FLSA).

Note that the minimum wage has increased since this FAQ was published in 1981.


(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.


(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?
(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.


(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.