There are certain professions that require specific tools or uniforms for employees. You might need to wear coveralls or have a specific set of tools to complete your job duties. When you start a new job you might find out that there are things that you need for the job. Some companies pay for uniforms and tools, and some companies don’t.
You might wonder if companies can deduct the cost of tools and uniforms from your pay. The answer is complicated. It could be a violation, but it might not be. If you are making minimum wage and the deductions are taken out, then this would be a violation because it brings your base pay below minimum wage. However, if your pay is above minimum wage then your employer can deduct the cost from your check.
It is important to get this policy in writing in your contract when you start your new job. You need to understand whether this is a one-time event or something that will happen as you need new uniforms or tools. You need to be sure that you understand your employer’s expectations as well as your responsibilities.
Is This Wage Theft?
Wage theft is a term used to describe any number of situations where an employee does not receive proper payment for work performed. It includes not being paid overtime, not receiving a final paycheck after leaving a job, not being paid for all hours worked, not receiving minimum wage and not being paid at all.
When it comes to your employer deducting the cost of uniforms and tools from your check, it could be a minimum wage violation if you are making minimum wage. The cost would drop you below that amount and would therefore be a violation even if your employer tells you that this is company policy.
Keep in mind, however, that just because your employer requires you to “pay” for tools and uniforms by deducting the cost from your check, that doesn’t automatically make it legal. Wage theft is something that happens in companies across the country, and in most cases workers don’t even know it is happening. That’s why it is incumbent upon workers to keep track of their pay to ensure that it is accurate.
If you suspect that something is wrong with the way uniforms and tools were deducted from your check, you need to take action.
How To Prove That Money Was Deducted From Your Check
If you are an hourly employee, you should know how much money you make per hour. At the end of the work period you can calculate how many hours you worked and how much your check should be. You will want to look at your total gross to make sure that matches your calculation, and then you can go through deductions (such as Social Security, health insurance, etc.) to make sure that everything looks right. While your pay stub is a great resource, your employer might have hidden the uniform deduction so it is important to track your hours and pay to make sure that it all adds up.
Also make sure to keep all of your receipts if you are asked to pay for uniforms and tools and you are not offered a refund.
What To Do If Your Employer Is Taking Money For Uniforms And Tools
If you suspect that you are the victim of wage theft after your employer deducted the cost of uniforms and/or tools from your check, then you should consult with an experienced employment law attorney. Laws about deductions vary by state, so it is important to work with someone who understands the law in your specific state.
Make sure that you have as much information as possible to prove your claim. You will need your employer’s contact information, a copy of your contract that outlines the deductions, copies of pay stubs, correspondence you have had with your supervisor or payroll representative and any witnesses or other employees who can corroborate your claims. If you plan to file a complaint, then you need to present a clear picture of what happened.
Should you need to file a complaint in the matter, you can either file it directly with the Department of Labor’s Wage and Hour Division (WHD) or you can file a private lawsuit. Either option will allow you to recover your lost wages and any damages to which you might be entitled.
With employment law cases, employers are responsible for paying legal fees so you can feel comfortable seeking legal advice no matter how small the amount in question. While hiring an attorney does not guarantee that you will win your case, it will increase the chances for success.
