- within Employment and HR, Real Estate and Construction and Accounting and Audit topic(s)
Question: Can an employer have employees sign an agreement authorizing the employer to deduct from employees' paychecks to cover the cost of employee uniforms?
Answer: In Colorado, whether a deduction is permissible depends on the type of uniform.
If the employer requires clothing with a special color, make, pattern, logo, or material, the employer must furnish the uniform, cannot deduct the cost from an employee's wages, and cannot require a deposit.
If the employer's uniform is more basic (for example, dark pants and a light blue1 collared shirt, without any limitations on the material or supplier), the employer can require employees to purchase the uniform themselves or can deduct for the cost of the clothing (though, to avoid a gray area, the safest bet is simply to let employees purchase their own).
Additionally, if the uniform requires special care such as ironing, dry cleaning, pressing, etc., the employer must pay for that as well. The cost of ordinary wear and tear of a uniform cannot be deducted from an employee's wages.
If an employee damages a uniform (beyond regular wear and tear), or does not return it upon separation from employment, then the employer may deduct the value of the uniform it furnished to the employee so long as it has a prior, written agreement in place with the employee. As with any deduction, it must not bring an employee's wages below minimum wage.
Footnote
1. Employers can require a certain color so long as they allow a wide range of shades readily available in stores. INFO #16 illustrates the difference: “light blue” is permissible because it encompasses a wide variety of shades, but “sky blue” or “pastel blue” would be too specific.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
