Legal Question in Employment Law in Illinois

ILL. ADMIN. CODE tit. 56, � 300.840

In Illinois, an employer may not deduct the cost of purchasing

and/or cleaning uniforms required by the employer from an

employee�s wages or final compensation, unless the employee�s

express written consent is given freely at the time the deduction

is made. Distinctive outfits or accessories, or both, intended to

identify the employee with a specific employer are considered

uniforms. If an employer requires a general type of ordinary

basic street clothing to be worn, but permits variations in the

detail of dress, this is not considered a uniform. However, when

an employer requires that an employee purchase street clothes

either from the employer or from a third party designated by the

employer, the clothing is considered a uniform. Thus, it appears

that the special shirts ordered for Illinois employees in this case

must be paid for by the employer.

If a company decides that you must wear a specific brand and color of pants, does this qualify as must be paid for by employer? The company that I work for has always had shirts that we must wear, but allowed for a generic style khaki pant. Now the company is requiring that we wear a specific brand and color of pant, and that we must purchase this ourselves. I am wondering about the legality of this, as I usually purchase a much higher quality pant for the same price as the pant they are now requiring.


Asked on 6/18/10, 10:38 am

1 Answer from Attorneys

My reading of the provision is that since you can still choose the store (unless it is obvious that ONLY one store sells the brand and color) it is not a uniform, but I have not seen if an Illinois appellate court has addressed the issue. Sorry I don't have access to the necessary research tool to do so. However, it's somewhat silly in my opinion as well, because even though it sounds as though the company wants to try to guaranty everyone will look alike, there are variations in dye lots and not all styles come in both men's AND women's versions; hence their attempted policy is inherently flawed and may have equal opportunity implications.

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Answered on 6/30/10, 8:54 am


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