Employers in New York who require employees to wear uniforms may be legally required to reimburse workers for uniform costs, maintenance, and replacements. Failing to comply can result in wage violations, audits, and costly penalties under the Wage Theft Prevention Act (WTPA).
This guide explains when uniform reimbursements are required, how much employers must pay, and common mistakes to avoid.
Understanding NY’s Uniform Rules for Employers
New York has strict uniform reimbursement laws under the Hospitality Wage Order and Miscellaneous Industry Wage Order that require employers to cover certain uniform-related expenses.
What Qualifies as a "Uniform"?
A uniform is clothing required by the employer that cannot be worn as part of an employee’s everyday wardrobe.
✅ Examples of uniforms that require employer reimbursement:
Logo-branded shirts, jackets, or pants.
Distinctive outfits (e.g., medical scrubs, branded aprons, security guard attire).
Any specific color or style of clothing that must be purchased from the employer or a designated vendor.
❌ Examples that do not require reimbursement:
General dress code policies (e.g., black pants and a white shirt that can be worn outside of work).
Clothing that can be worn outside of work as part of an everyday wardrobe.
📌 Practice Tip: If a company controls the purchase, style, or branding of employee attire, it is likely considered a uniform under NY law and subject to reimbursement requirements.
What the Law Requires Employers to Provide
Requirement | Details |
|---|---|
Can employers require uniforms? | Yes, but only if the cost does not bring the employee below minimum wage. |
Who pays for the uniform? | The employer must pay for uniforms if the employee earns at or near minimum wage, or if the uniform is considered required. |
Who cleans the uniform? | If the employee is at minimum wage, the employer must clean the uniform or pay for uniform maintenance. |
What counts as a uniform? | Anything required to be worn and not ordinary clothing. Uniforms with logos or branding, or specific styles/colors dictated by the employer, are considered uniforms. |
What is not a uniform? | Regular clothing, such as black trousers and white shirts, if they can be worn outside of work. |
📌 Employers may avoid maintenance pay by:
Establishing a dress code with ordinary clothing.
Providing “wash and wear” uniforms.
Offering a free laundry service.
📌 Uniform maintenance pay (2025):
Region | Low (≤20 hrs) | Medium (21–30 hrs) | High (>30 hrs) |
|---|---|---|---|
NYC | $9.80 | $16.25 | $20.50 |
Long Island & Westchester | $9.80 | $16.25 | $20.50 |
Remainder of NYS | $9.25 | $15.30 | $19.25 |
Scenario: Uniform Policy Pushes Wages Below Minimum
A fast food restaurant requires employees to purchase branded uniforms but does not reimburse minimum-wage workers. This results in wages falling below the minimum threshold.
Calculation Item | Amount |
|---|---|
Employees affected | 50 |
Uniform cost per employee | $100 |
Total uniform deductions | $100 × 50 = $5,000 |
Back pay owed | $5,000 |
Liquidated damages | $5,000 |
WTPA penalties | $5,000 × 50 = $250,000 |
Additional liquidated damages (WTPA) | $250,000 |
Total Cost | $510,000 plus attorney’s fees and penalties |
Scenario: Employer Fails to Pay Maintenance Allowance
A hotel chain requires branded suits but does not provide free cleaning or uniform maintenance pay.
Calculation Item | Amount |
|---|---|
Employees affected | 100 |
Weekly rate | $18.90 |
Total owed per employee over 2 years | $18.90 × 52 × 2 = $1,965 |
Total back pay | $1,965 × 100 = $196,500 |
Liquidated damages | $196,500 |
WTPA penalties | $5,000 × 100 = $500,000 |
Additional liquidated damages (WTPA) | $500,000 |
Total Cost | $1,393,000 plus legal fees |
Action Steps: How to Stay Compliant
✅ Determine if your required attire qualifies as a uniform under NY law.
✅ Provide uniforms or reimburse for uniform-related costs.
✅ Either offer cleaning or pay maintenance as required.
✅ Make sure reimbursements are itemized on pay stubs.
✅ Review and document your uniform policies annually.
📌 Practice Tip: Document uniform and maintenance reimbursements in onboarding paperwork and your handbook.
📥 Downloadable Takeaway: Uniform Compliance Checklist
[Click here to download your free Uniform Compliance Checklist] (Insert Link)
Final Thoughts: Keep Fighting the Good Fight
Uniforms are more than just dress codes—they can become costly compliance traps. New York law sets strict rules about what qualifies as a uniform and what employers must pay. By implementing proper policies and keeping accurate records, businesses can ensure they treat employees fairly while avoiding six-figure penalties.
If you need help navigating these rules or facing a wage investigation, our team is here to help.
Keep Fighting the Good Fight.
