Employee uniform issues. ?

[mh892]

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.

[Tsalla Apopka]

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!

[N. A. Corbier]

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.

[N. A. Corbier]

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.

[txinvestigator]

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.

[SecTrainer]

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.

[Mr. Chaple]

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

[Mr. Chaple]

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/files/Employee%20Uniforms.pdf

[Mr. Chaple]

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/wageindex.download?p_file=F11211/wh1428.pdf

[SecTrainer]

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

[txinvestigator]

It is not a federal issue. It is per state. Texas does not regulate this.

[Guest]

It is not a federal issue. It is per state. Texas does not regulate this.

Unfortunately...

[NoMoreFEMA]

It is not a federal issue. It is per state. Texas does not regulate this.

Texas Payday Law § 821.28. Deductions

a) The Commission provides the following guidance in determining whether an employer is entitled to withhold or divert wages under court order, by law, or with written authorization under § 61.018 of the Act:

(1) A court is presumed to be a court of competent jurisdiction with respect to issuing court orders. The burden shall be on the party opposing a court order to challenge the court's authority by appealing to the issuing court or court of appropriate review as the Commission will presume full faith and credit applies to court orders.

(2) State or federal law includes statutes and codes enacted by Congress or the Texas Legislature, rules promulgated by a Texas or federal agency, and regulations promulgated by a Texas or federal agency.

(3) A lawful purpose is one that is authorized, sanctioned, or not forbidden, by law.

(b) Written authorization for deductions shall be specific as to the lawful purpose for which the employee has accepted the responsibility or liability. Written authorizations shall be:

(1) sufficient to give the employee a reasonable expectation of the amount to be withheld from pay; and

(2) a clear indication that the deduction is to be withheld from wages.

(c) If an employer uses a handbook, policy manual or other similar document instead of a separate writing, the employee's signed acknowledgment of receipt of company policies can be authorization to withhold wages if the acknowledgment meets the requirements of subsection (b) of this section and specifically informs the employee of the deduction. The signed acknowledgment of receipt shall also include language that states that the employee agrees to abide by or be bound to the authorization for deduction.

(d) The employer shall ensure that properly withheld wages are applied toward their authorized purpose. Properly withheld wages not applied toward their authorized purpose will be considered unlawful deductions.

(e) The employer shall obtain written authorization as required under the Act to deduct credit card service charges from an employee's tips.

The provisions of this § 821.28 adopted to be effective June 1, 1998, as published in the Texas Register, May 29, 1998, 23 TexReg 5732.



Texas Administrative Code Rule 35.39 spells out that all security officers MUST wear a uniform (exceptions being a licensed personal protection officers or private investigator) while working.

(a) Each commissioned security officer shall, at a minimum, display on the outermost garment the name of the company under whom the commissioned security officer is employed, the word "Security" and identification which contains the last name of the security officer.

(b) The name of the company and the word "Security" shall be of a size, style, shape, design, and type which is clearly visible by a reasonable person under normal conditions.

(c) Each noncommissioned security officer shall display in the outermost garment in style, shape design and type which is visible by a reasonable person under normal conditions identification which contains:
(1) either the name or board-approved logo of the company under whom the security officer is employed, or the name or the board-approved logo of the business entity with whom the employing company had contracted;
(2) the last name of the security officer;
(3) and the word "Security."

(d) No licensee shall display a badge, shoulder patch, logo or any other identification which contains the words "Law Enforcement" and/or similar word(s) including, but not limited to: agent, enforcement agent, detective, task force, fugitive recovery agent or any other combination of names which gives the impression that the bearer is in any way connected with the federal government, state government or any political subdivision of a state government.

(e) A regular peace officer who maintains full-time employment, and meets the requirements of §1702.322 of the Act, may wear the uniform of the licensed security services contractor (guard company), private business letter of authority, or governmental letter of authority or the official police officer uniform of their appointing law enforcement agency while working private security in Texas.

To make a long story short, there IS regulation of Uniform Deductions in Texas but it is written with a broad stroke to include ALL types of deductions an employer may make. The DPS-PSB requires that the company issue the uniform and the employer MAY deduct for uniforms, but MUST get the authorization in writing.

[CorpSec]

This is a good thread. I believe I have had to pay for an FBI fingerprint card before but never a uniform. I have bought my own uniform gear before because the stuff that the various companies issued wasn't fit to wear at a Jiffy Lube or they issued the uniforms in such limited quanities that meant I would have to do laundry every other day to keep in clean uniforms.

[eeguard1]

In California, an employer can deduct a deposit for the cost of the uniform. When you no longer work with the employer, they must give the deposit back with interest.