U.S. Department of Labor
Employment Standards Administration
Wage and Hour Division
(Revised July 2009)
Fact Sheet #16: Deductions From Wages for Uniforms and Other Facilities
Under the Fair Labor Standards Act (FLSA)
This fact sheet provides general information concerning the application of the FLSA to deductions from
employees' wages for uniforms and other facilities.
Characteristics
The FLSA does not allow uniforms, or other items which are considered to be primarily for the benefit or
convenience of the employer, to be included as wages. Thus, an employer may not take credit for such items in
meeting his/her obligations toward paying the minimum wage or overtime.
Requirements
Uniforms: The FLSA does not require that employees wear uniforms. However, if the wearing of a uniform is
required by some other law, the nature of a business, or by an employer, the cost and maintenance of the
uniform is considered to be a business expense of the employer. If the employer requires the employee to bear
the cost, it may not reduce the employee's wage below the minimum wage of $7.25 per hour effective July 24,
2009. Nor may that cost cut into overtime compensation required by the Act.
For example, if an employee who is subject to the statutory minimum wage of $7.25 per hour (effective July 24,
2009) is paid an hourly wage of $7.25, the employer may not make any deduction from the employee's wages
for the cost of the uniform nor may the employer require the employee to purchase the uniform on his/her own.
However, if the employee were paid $7.75 per hour and worked 30 hours in the workweek, the maximum
amount the employer could legally deduct from the employee's wages would be $15.00 ($.50 X 30 hours).
The employer may prorate deductions for the cost of the uniform over a period of paydays provided the prorated
deductions do not reduce the employe