Uniforms and California Labor Law
Employees in countless occupations are required by their employer to wear a uniform as a condition of employment. As an employee, it’s important to know your rights and responsibilities when it comes to purchasing and maintaining uniforms so that you are not incurring undue expenses that properly should be paid by the company you work for. As an employer, it’s just as important to know what is required of you so you can proactively comply with the law and avoid significant penalties or civil lawsuits for noncompliance and violations.
See below for a general discussion of uniforms under California wage & hour law. For specific advice tailored to your personal situation in Oxnard, Ventura or Camarillo, contact Rounds & Sutter, LLP, to speak with a skilled and experienced Southern California employment law attorney.
Uniform Reimbursement Under California Labor Law
Section 2802 of the California Labor Code sets out the obligations of the employer regarding uniforms. This law requires employers to indemnify their employees “for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties…” The Department of Industrial Relations cites this law in stating that “If an employer requires that an employee wear a uniform, the employer must pay the cost of the uniform.”
The law also envisions enforcement actions taken by employees to recover unreimbursed expenses the employee was unlawfully forced to incur. Under 2802(b), all awards made by a court or the Division of Labor Standards Enforcement (DLSE) for reimbursement of necessary expenditures include interest. The interest rate is calculated the same way as civil judgments, and interest starts to accrue from the date when the worker incurred the uniform expenditure. Further, 2802(c) requires that all reasonable costs are included as well, including an employee’s attorney’s fees incurred while enforcing their rights under this section of the law.
The Labor Commissioner can impose penalties on an employer for violating this law and also issue a citation against an employer for violating their reimbursement obligations. If employees expend money on uniforms that bring their wages below the minimum wage, the employer is in violation of the minimum wage as well.
Can Employers Make Employees Pay a Uniform Deposit?
Yes, employers can require a reasonable deposit as security for the return of a uniform provided by the employer. Employers must provide a receipt for the deposit to the employee. If the uniform is not returned upon separation from employment, the employer could deduct the cost of the uniform from the employee’s final paycheck. The employer may not, however, make any deduction for normal wear and tear.
What Counts as a Uniform?
The Industrial Welfare Commission issues wage orders (currently enforced by DLSE) covering various industries, including manufacturing, personal services, transportation, agriculture, and many others. These orders must be posted where employees can easily read them. Section Nine of the wage orders covers Uniforms and Equipment. This section clearly states “When uniforms are required by the employer to be worn by the employee as a condition of employment, such uniforms shall be provided and maintained by the employer. The term “uniform” includes wearing apparel and accessories of distinctive design or color.” (emphasis added)
The issue becomes more nuanced when an employer requires employees to wear a particular type of clothing that is not necessarily considered a uniform. For example, if an employer requires all employees to wear black slacks and a white button-up shirt, is this a uniform? Employers are authorized under California law to impose a dress code or require certain kinds of clothing without incurring an obligation to provide or maintain such clothing. Situations such as this may require a careful analysis by an experienced labor and employment attorney to determine whether an employer is properly meeting its obligations under the law.
Help With Wage & Hour Matters in Oxnard and Ventura County
If you are an employer or employee dealing with uniform reimbursement issues or other wage and hour matters in Oxnard, Ventura, Camarillo and nearby areas, contact Rounds & Sutter, LLP, at 805-650-7100 to discuss your situation with a knowledgeable and experienced Southern California labor and employment law attorney.