Required Uniforms, Shirts Must Be Provided By Employer

Q: Is a black shirt with a company logo a uniform that must be provided by the employer?

A: Yes.
If an employer requires employees to wear any specific clothing of a distinctive design or color, it is considered a uniform pursuant to the Industrial Welfare Commission orders, Section 9(A) or Section 8(A) in Order 16:

"When uniforms are required by the employer to be worn by the employee as a condition of employment, such uniforms shall be provided and maintained by the employer. The term 'uniform' includes wearing apparel and accessories of distinctive design or color."


"Usable/Generally Usable"

The Division of Labor Standards Enforcement (DLSE) has historically allowed some leeway with regard to clothing that is usual and generally usable in a particular occupation. The Industrial Welfare Commission (IWC) explained this concept in its Statement as to the Basis:

"The definition and [DLSE] enforcement policy is sufficiently flexible to allow the employer to specify basic wardrobe items which are usual and generally usable in the occupation, such as white shirts, dark pants and black shoes and belts, all of unspecified design, without requiring the employer to furnish such items. If a required black or white uniform or accessory does not meet the test of being generally usable in the occupation the employee may not be required to pay for it."

Although a black shirt or blouse of any design might not be considered a "uniform," depending on the circumstances, once an advertising insignia or logo is part of the shirt's design, it becomes a uniform subject to the IWC order and the employer must pay for it.

Not only is it a distinct design, but the employee certainly would not be able to use the shirt while working at his or her "occupation" with another employer.


Specific Designs

Are you required to pay for the uniform, or image, you want portrayed in your business? Besides logos, other specific designs that are tied to advertising raise the question. It is not always as clear cut as employers would like it to be, but the DLSE has provided guidance.

In one instance where an employer wanted a specific image, the DLSE took the position that tropical shirts and rugby pants must be provided by the employer.

At issue in DIR v. UI Video (1997) 55 Cal App 4th 1084 was a required blue shirt and tan or khaki pants that DLSE considered to be a uniform subject to the IWC regulation.

Before requiring specific clothing, review the IWC requirements, DLSE opinion letters as well as the DLSE Manual. Take into consideration that historically the IWC did not want employees to bear the expense of work clothing that is not standard in the occupation.

Reprinted with permission from the California Chamber of Commerce.