1. #1

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    Default Employee uniform issues. ?

    As we know security officers/guards commonly wear some sort of uniform. Normaly a requirement of security company/client.

    Pertaining to State of Florida law, or even federal law.

    Question. Is the employer (security company) required by any law to supply and/or pay for uniforms employees are required to wear while on duty? Please provide the law if found. Thanks.

  2. #2

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    Default No

    Some states have something to say about what has to be worn and what patches, etc but none that I know of say who has to pay - just that it must BE!

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    That's not going to be in FSS 493. That's going to be in Department of Labor rulings, case law, or in your state's labor case law.

    Generally, if it is a uniform (a set of clothing that can only be used while on the job, and cannot be worn as normal clothing, due to markings or other design), then the company must furnish it.

    However, you're talking about Florida guard companies. These guys routinely violate multiple federal labor and OSHA rulings on a daily basis, content to know that they'll never be caught because their guards simply don't know that what's happening to them is illegal.
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    That's not going to be in FSS 493. That's going to be in Department of Labor rulings, case law, or in your state's labor case law.

    Generally, if it is a uniform (a set of clothing that can only be used while on the job, and cannot be worn as normal clothing, due to markings or other design), then the company must furnish it.

    However, you're talking about Florida guard companies. These guys routinely violate multiple federal labor and OSHA rulings on a daily basis, content to know that they'll never be caught because their guards simply don't know that what's happening to them is illegal.

    Every time you're posted on a site without a restroom? That's illegal. Every time you're posted on a site and there's no toilet paper on the worksite? Also an OSHA violation.

    I've seen union construction guys stop work over toilet paper, and call OSHA from the porta-potty.
    Some Kind of Commando Leader

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    Quote Originally Posted by N. A. Corbier View Post
    Generally, if it is a uniform (a set of clothing that can only be used while on the job, and cannot be worn as normal clothing, due to markings or other design), then the company must furnish it.

    .

    Can you quote a law? I don't believe that true at all.
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  6. #6
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    There certainly is no federal law requiring employers to provide uniforms, and no state law that I'm aware of. Check with the labor department in your state to get an authoritative answer.

    Just for fun, I checked California, which I think would be the most likely state to have such a law, if any, and confirmed that even in Never-Never Land employers are not obliged to furnish employees with required uniforms.

    Nate - what you're thinking about regarding "worn for exclusive use on the job" has to do with whether employees who are required to furnish their own uniforms can deduct the cost as a business expense on their taxes, which they can.
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    Quote Originally Posted by SecTrainer View Post
    There certainly is no federal law requiring employers to provide uniforms, and no state law that I'm aware of. Check with the labor department in your state to get an authoritative answer.

    Just for fun, I checked California, which I think would be the most likely state to have such a law, if any, and confirmed that even in Never-Never Land employers are not obliged to furnish employees with required uniforms.

    Nate - what you're thinking about regarding "worn for exclusive use on the job" has to do with whether employees who are required to furnish their own uniforms can deduct the cost as a business expense on their taxes, which they can.
    According to the California Department of Industrial Relations:
    "Uniforms. If an employer requires that an employee wear a uniform, the employer must pay the cost of the uniform. Labor Code Section 2802, Industrial Welfare Commission Orders, Section 9. The term "uniform" includes wearing apparel and accessories of distinctive design and color."

    http://www.dir.ca.gov/dlse/FAQ_Deductions.htm
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    According to Curiale Hirschfeld Kraemer LLP, of The Employment Law Alliance:
    "In Florida, there is no statute prohibiting an employer from
    requiring employees to purchase their own uniforms, or
    requiring the employer to reimburse the employee. Thus, an
    employer may require its Florida employees to pay for their
    own uniforms."

    http://www.employmentlawalliance.com...20Uniforms.pdf
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  9. #9
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    Per the Fair Labor Standards Act employers may deduct the price of uniforms from an employees pay, but those dedcuction cannot be taken from overtime pay, and cannot push the employees net pay below federal minimum wage.
    http://www.osha.gov/pls/epub/wageind...211/wh1428.pdf
    Last edited by Mr. Chaple; 07-20-2009 at 11:50 AM. Reason: terminological inexactitude
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  10. #10
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    Quote Originally Posted by Mr. Chaple View Post
    According to the California Department of Industrial Relations:
    "Uniforms. If an employer requires that an employee wear a uniform, the employer must pay the cost of the uniform. Labor Code Section 2802, Industrial Welfare Commission Orders, Section 9. The term "uniform" includes wearing apparel and accessories of distinctive design and color."

    http://www.dir.ca.gov/dlse/FAQ_Deductions.htm
    Thanks for the correction! I checked statutes and should have remembered to check administrative regulations. (I knew that California was a likely suspect, though!)...they do everything possible to drive employers from the state: http://www.employers.org/resources/p...20in%20CA-.pdf
    Last edited by SecTrainer; 07-21-2009 at 04:33 AM.
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    My school was so tough we had our own coroner. - Lenny Bruce

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