Are You Following the FLSA Guidelines for Employee Uniforms?
If you own a cleaning business then you most likely have your employees wear some type of uniform. Since your employees come in contact with your customers and prospects, having a professional looking uniform will go a long way in how they perceive your company and the image you are trying to convey. But providing uniforms can be quite an expense for any size cleaning company, so many employers will pass the expense along to the employee.
But are you following the FLSA (Fair Labor Standards Act) guidelines for employee uniforms?
The FLSA considers uniforms to be a business expense of the employer. If you require your employees to bear the cost, you must not allow it to reduce the employee's wage below the minimum wage. The cost must also not cut into overtime compensation.
For example, if minimum wage is $7.25 per hour and that is the wage your employee is being paid, then you may not deduct the cost of the uniform from the employees' wages, nor can you require the employee purchase the uniform from you. But if you paid the employee $8.00 per hour and the employee worked 32 hours, then you could deduct up to $24.00 from the employee's paycheck or charge the employee up to $24.00 for the uniform. ($ .75 x 32 hrs. = $24.00)
This calculation also applies to other deductions you may take from your employees. An example would be deducting for the cost of a tool or piece of equipment that the employee damaged. Another example would be deducting for property damage of the client or employer. Your employees may not be required to pay these items if their wages would be reduced below the required minimum wage or overtime compensation. This is true even if the loss to the employer is due to the employee's negligence. It's also not a good business practice to deduct the cost of damage from an employee's paycheck. If this is an issue for your company then better training is in order.
Occupational Safety and Health Administration Uniform Law
OSHA requires employers to pay for their employees' PPE (personal protective equipment), as set forth in the Code of Federal Regulations. Employers must pay for any PPE necessary for specific industries and hazardous jobs if required by OSHA to protect employees from serious injuries or death. PPE items include helmets, shoes, safety vests, goggles, gloves, face shields and protective clothing. OSHA provides limited exceptions for a few employers, but generally, unless specifically exempted by federal law, employers are required to pay for their employees' PPE according to smallbusiness.chron.com.
Employers are required to comply with existing state minimum wage and uniform laws so always check with your particular state laws.
For more information visit:
United States Department of Labor
Fact Sheet #16: Deductions From Wages for Uniforms and Other Facilities Under the Fair Labor Standards Act (FLSA)
http://www.dol.gov/whd/regs/compliance/whdfs16.pdf
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Do you have a written policy manual / employee handbook for your cleaning company? A policy manual / employee handbook can save you thousands of dollars in fines and legal fees by avoiding just one lawsuit. Why? Every employer needs to inform each employee of the rules and regulations of the company. What is the purpose of a policy manual / employee handbook? It is a written manual that contains guidelines and policies for your company. Employers use it to familiarize employees with their policies. These policies should be covered with all new employees and reviewed from time to time with all employees. |
