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Hal Brody is a partner in the labor and employment law department of Proskauer. Finally, there is no obligation to reimburse employees for the time they spend washing uniforms or having them laundered when they require only minimal care (as opposed to special care outlined above).įor more information on employee reimbursements for uniform expenses, order the webinar recording of “Employee Expenses, Reimbursements, and Per Diems: Making Sure Your Policies and Practices are Legally Compliant.” To register for a future webinar, visit.For example, in California, employers need not pay for nurse scrubs.
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Industry-specific clothing which an employee can use while working for another employer may fall under this category, depending on the state.Specifications such as black pants, a white dress shirt, a black polo shirt, etc., do not have to be paid for either.Regular, basic, street clothing, which an employee can wear while not at work, is not a required uniform and does not have to be paid for by the company.
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There are also uniform requirements (or allowed clothing options) that an employer can implement that it does not have to pay for. Employers must pay for any required special care, such as ironing, dry cleaning or separate laundering because of heavy soiling or special color.Employers must also replace lost or worn out uniforms free of charge.Personal protective gear is an employer expense under OSHA.
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“The more specific the employer’s requirements, the more likely the DOL will consider this to be a uniform.” Brody explained.
- Clothing that has an employer’s trademark, brand or logo is worn for the employer’s benefit, and thus must be provided to employees free of charge this includes employer-branded clothing without logos.
- “Generally, uniforms that are worn primarily for the benefit of the employer must be paid by the employer (or reimbursed).” Harold M.