Legal Question in Employment Law in Massachusetts

Re: Dress Code

If your clothes can be considered a uniform under law, then the cost (both purchase and cleaning) would be calculated against your wages. And if that cost reduced your wages below minimum, then you would be entitled to reimbursement from the company.

A more complete explanation follows:

The first question is whether the described outfit is a uniform. Although this would certainly be a question for a judge or jury, the answer is probably yes. A case out of New York in 1998, interpreting the Federal laws on this same issue stated that it was a question for a jury as to whether a restaurant employer�s required attire of "white shirt, khaki pants, black shoes and black socks" constituted a "uniform" under Federal law. MA state law would likely answer this question in the same manner.

The next question is whether the employees must purchase and maintain that uniform. MA law states that the purchasing of a uniform must not reduce an employee�s wages below the minimum wage requirement, if you deducted that cost against the employee�s wage. The cost to maintain and clean the uniforms is treated the same way, although there is an opinion of the Division of Occupational Safety from 2001, interpreting 455 CMR sec. 203, that states that cleaning of "wash and wear" clothes (those that do not require special treatment and are routinely washed with other personal garments) are deemed to cost nothing to clean.

See below for required disclaimer.

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This post is by Philip Gordon, a Massachusetts employment attorney (www.gordonllp.com).

This post is NOT legal advice. It is for general/educational information purposes only. You should not rely on this post if you are making decisions, and it does not create an attorney-client relationship. This post may be considered "advertising" under the MA professional rules for attorneys.