The Ins and Outs of Charging Employees for Uniforms Under Massachusetts Law

Determining Whether an Employer Can Require Employees to Pay for Uniforms Under the Massachusetts Wage Act

Employees in Fall River, pittsfield, worcester, springfield, lowell, New Bedford, and Barnstable may be entitled to compensation if their employer charges them for uniforms without reimbursement

Many Massachusetts employers require their employees to wear certain uniforms. Some of those employers require employees to pay for those uniforms. Massachusetts regulations specifically address whether employers are allowed to do this.

what is considered a ‘uniform’ according to massachusetts wage law?

Massachusetts regulations contain a very specific definition of the word ‘uniform.’ That full definition is below. For our purposes, when we say ‘uniform’ we mean the below definition.

“All special apparel, including footwear, which is worn by an employee as a condition of employment. It shall be presumed that a uniform worn by an employee of any establishment is worn as a condition of employment if the uniform is of similar design, color, or material, or it forms part of the decorative pattern of the establishment to distinguish a person as an employee of the place of work. Where an employer requires a general type of basic street clothing, permits variation in details of dress, and the employee chooses the specific type and style of clothing, this clothing shall not be considered a uniform.” 454 CMR 27.04(2).

can my massachusetts employer require me to pay for my uniforms?

Not without reimbursing you. According to Massachusetts regulations, employers must reimburse employees and prospective employees who are required to purchase or rent a uniform. 454 CMR 27.05(4)(c). The amount of that reimbursement should be equal to the actual cost of the uniform or the rental. So, technically, employers can require employees to purchase/rent uniforms, but they have to reimburse them if they do.

Can my massachusetts employer charge me a deposit for use of a uniform?

Generally, ‘No,’ a Massachusetts employer cannot charge you a deposit for use of a uniform. 454 CMR 27.05(4)(b). I say ‘generally,’ because the regulations do allow an employer to charge a deposit for use of a uniform but only if they received approval from the Director of The Department of Labor Standards.

does my massachusetts employer have to reimburse me for cleaning my uniform?

Yes, Massachusetts employers must reimburse employees for cleaning uniforms if those uniforms require dry-cleaning, commercial laundering, or other special treatment. 454 CMR 27.05(4)(a). Employers do not, however, have to reimburse employees for uniform cleaning costs if the uniforms are made of ‘wash and wear’ material, that don’t require special treatment, and that are routinely washed with other personal garments. 27.05(4)(a).

Are you an employee living in Pittsfield, Springfield, Worcester, Lowell, Fall River, New Bedford or the Cape that is not being reimbursed by your employer for uniform related expenses?  Contact Steffans Legal today for a free consultation.

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