Legal Question in Employment Law in California
Deduction for work uniform
We operate a retail merchandising company, and we require our employees to wear a ''company uniform'' to each job assignment. The uniform consists of a company shirt and a tool kit with the supplies they need to perform the job. We have been asking employees to pay for these items ($40.00 for everything), and then give the money back to them after 90 days. We want to check the legality of deducting this expense from their first paycheck. Are we allowed to do that? In the industry we are in, the merchandisers are all hired as part-time workers, and many work for several companies at the same time. There are times when we hire someone, give them the equipment, then they disappear after a week or so. We are trying to cover our costs until we are sure that the employee is reliable, and then return the ''deposit'' to them after their probationary period ends. Please let me know your opinion on this matter. Thank you.
2 Answers from Attorneys
Re: Deduction for work uniform
I would say that this is an illegal practice. See, Section 9 of the Wage Orders as well as California Labor Code Sections 450 and 2802. Feel free to contact us at (510) 891-9800 for more information on this.
Re: Deduction for work uniform
There are ways you can do as desired, with proper documentation in your company personnel manual and employee notices and agreements. The materials can be issued with employees having the money held in a 'security deposit'.
You should have your policies on this and other matters reviewed for legality before doing anything like this, to avoid violating the Labor Code and incurring claims and penalties. Contact me if interested.
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