UNIFORM DEDUCTIONS THROUGH PAYROLL

Is there any way in the state of IN to deduct from an employee's paycheck the cost of mandatory uniforms? We currently have a form that certain positions sign upon employment that indicates we will deduct via payroll deduction for the cost of uniforms provided by the uniform company. We are being challenged by some employees that this should be a voluntary sign-up, not mandatory.

Any suggestions??


Comments

  • 10 Comments sorted by Votes Date Added
  • If your company has a mandatory uniform policy, the policy is not open for challenge by the employees, typically, unless there is a union. Even in the event of a union, the employer will still prevail with a mandatory uniform policy. Employers do still have a (very) few rights and the right to require uniforms is one. I know, religious accomodation may urge us to allow a long skirt on occasion rather than the standard blue slacks. Although your ee's cannot challenge your mandatory policy and prevail, they may be thinking they can challenge your decision to hit their paycheck for the laundry payment. I wouldn't let it worry me and I'd continue on with the policy by explaining that this is the easiest and most painless way for them to pay for the program. Hopefully your policy also states that the entire cost of the uniform sets will be deducted from their final paycheck should they not turn them in to you. Perhaps they will know of lots of jobs down the street where a uniform isn't required and I might suggest that to them as well.
  • I thought if you required(MAndatory)uniforms . You can not charge the employees for the cost of those uniforms. I believe that you can go around it if you tell employees that they must wear blue pants and white t-shirts.
    What is right?

  • I believe the guideline is that if the uniform has the company logo or company personalization then you cannot charge for the uniform because it is a benefit to your company. If the uniform is clothing that does not have the company name and can be worn as "regular" clothing then you can charge. What some companies do is have the "regular" clothing uniform and then have a clip on badge or pocket clip with the employees name and/or company logo. I do not know if this can vary by state or not.
  • I believe an employee has the right to stop any payroll deductions at any time except those mandated by law.
  • >I believe an employee has the right to stop any payroll deductions at
    >any time except those mandated by law.


    They also have the right to find another job where they don't have to wear a uniform. ;)


  • Maybe its just my crazy state of California, but I thought if the company REQUIRES the uniform, that it needed to be provided free of charge to the employee - just like any other equipment required to perform the job. The maintenance of the cleanliness of the uniform is another matter. The employee has the option of paying to have it cleaned by the company or taking it home and washing it.

    Am I out of line here?
  • - just like any other equipment required to
    perform the job. Am I out of line here?


    Carol: We require, for example, that all maintenance mechanics have a full set of tools prior to hire and the candidate is given a lengthy list of them. There are people in lots of places of work claiming uniform deductions on their income tax returns since they are paying for them and the uniform is not something readily convertible to the real world away from work. Nurses are required to have or purchase watches and probably their own uniforms as well. Some municipalities require that their police personnel purchase their own revolver and even specify the calibre. So, I don't think it's really unusual. We tend just to not think about it probably. You're right though, California IS often 'another world'.x:-)
  • You have some very good points Don - I hadn't thought of all those other professions. We finally got away from the whole uniform thing (we are a production facility) and gave our employees a "clothing allowance" instead. We used to provide uniforms for some parts of the plant due to the dirty nature of the job - not because they needed to look nice for any reason. That way if their clothes get dirty, they can buy new ones. So far it has worked well, and we haven't had to track down those missing uniforms when someone leaves.
  • HI all

    We require certain positions to use a uniform and they sign a payroll deduction authorization for the weekly laundry service. This is not problematic from a legal standpoint b/c they earn well over minimum wage. I think a lot of the people who responded above may be thinking of the issue where the deductions tip someone below minimum wage. That is illegal. Moreover, if you require a uniform and make the launder it, you can sometimes get nailed for the "hour" the DOL assumes that it took them to do laundry each week. I believe McDonalds got nailed for this. I don't have the full story, but I think they now schedule their hourly folks 39 hours per week but pay them 40 to account for one hour of laundry to clean their uniforms....don't ya love this stuff?


  • Are you for real? This job is so crazy the decision that you make today might not be right decision tomorrow. I LOVE IT!
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