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A restaurant's requirement that its employees wear "dark-colored" shoes that are not open-toed and (for safety reasons) have a non-slip sole, and which the employees are free to wear outside of work, does not constitute a "uniform," an opinion letter from the acting Wage and Hour Administrator advises. Moreover, the employer's arrangement with a third-party vendor to provide an option for employees to purchase such footwear through payroll deductions is not an impermissible deduction from wages under Section 3(m) of the FLSA. Such an arrangement was permissible even if those voluntary deductions cause the employee's paycheck to fall below the minimum wage for each hour worked during that pay period, since the employer does not profit from the arrangement, and even if the employee from whose paychecks deductions are made is a "tipped" employee (W & H Opinion Letter No 2572 (FLSA 2008-4), May 15, 2008 [released July 29, 2008], 05-08 CCH WH ¶31,478).
For more information on this and other topics, consult CCH Employment Practices Guide or CCH Labor Relations.
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