EmploymentQuestion 33 of 1632

An employer may require employees to wear a uniform. Who pays for the uniform?

a.Always the employee, whatever it is
b.Always the employer, whatever it is
c.The employee, if it works as street wear
d.The employer, where it is required

Explanation

Wage Order 16 §9(A) makes the employer provide and maintain any uniform it requires, and Labor Code §2802(a) independently requires reimbursement of the cost, so the trigger is simply whether the employer requires the item. (c) is the real distinction stated backwards: the DLSE treats ordinary basic wardrobe of a generic color and design - plain blue jeans, a plain white shirt - as the worker's own expense, but that is because such clothing is not a uniform, not because street-wearability shifts the cost of one. (a) ignores §2802 altogether. (b) reaches the right result here by the wrong route, and would make the employer pay for clothing it never specified. Requiring a deposit or a payroll deduction for a uniform is an unlawful deduction under Labor Code §221.

Law Reference: IWC Wage Order 16-2001, §9(A); Labor Code §2802(a); DLSE Enforcement Policies §45.5

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