New New York State Hospitality Industry Uniform Regulations Now Apply Uniformly
Under prior New York law, an employer used to be able to require employees to pay for the cost of cleaning and maintaining their own uniforms as long as those costs did not reduce the employee’s pay below minimum wage. This is no longer the case.
Under the New New York State Hospitality Industry Wage Order Uniform Regulations, hospitality industry businesses now need to pay certain employees a “uniform maintenance pay” without regard to the employee’s regular rate of pay, or how uniform costs affect the employee’s overall wages.
A “uniform” is clothing the employer requires to be worn at work “except clothing that may be worn as part of an employee’s ordinary wardrobe.” In other words, basic street clothing chosen by the employee according to the employer’s description (e.g., black pants, black shoes, white shirt), where variations in the details are permitted, are not considered to be “uniforms.”
The only exception to requiring this maintenance pay is where the “uniforms” are “wash and wear,” and where either the employer purchases a sufficient number of uniforms, or reimburses the employee to purchase a sufficient number of the uniforms, “consistent with the average number of days per week worked by the employee,” AND the uniforms can be washed along with the employee’s every-day clothing and do not require dry cleaning or other special treatment. In the alternative, the employer can purchase, wash, and maintain (i.e. alter, repair, etc.) the uniforms for the employee and also avoid the maintenance pay.
Where uniforms do not fall under this exception, and are not provided and maintained by the employer, hospitality industry employers in New York are now required to pay employees a uniform maintenance pay of:
- $9.00/week for work weeks over 30 hours/week;
- $7.10/week for work weeks between 20:01 to 30 hours;
- $4.30/week for work weeks up to 20 hours/week.
Such maintenance pay cannot be offset by any credit for meals or lodging paid to the employee, in addition to the employee’s wages. Given that this amount is paid in addition to the employees’ “agreed rate of pay,” amounts employees earn in tips cannot be offset against this payment, either.
If an employer provides cleaning/maintenance services for its employees, and employees choose not to utilize those services (but opt to clean/maintain uniforms themselves), the employer does not need to provide uniform maintenance pay, IF the employer service is (a) free to employees and (b) provided with sufficient frequency to provide clean attire AND (c) the employer advised the employees individually in writing of the availability of the service.
Given the additional expenses now imposed upon hospitality industry employers in New York as of January 1, 2011, it is likely that patrons and clients will see increased prices in order to offset the increased costs of doing business.
