In Illinois, if your employer requires you to wear a specific uniform or use certain safety equipment, you may have been wondering: Who pays for it—you or your employer?
It’s a common concern, especially when employees are spending hundreds of dollars on work-required clothing, safety gear, or branded uniforms. The answer often depends on a combination of Illinois labor laws, federal wage regulations, and OSHA standards.
Who Pays for Work Uniforms?
If your employer requires you to wear a uniform, they may be obligated to cover the cost, particularly if any of the following apply:
1. Minimum Wage Compliance
Employers cannot require employees to pay for uniforms (whether through direct payment or paycheck deductions) if doing so would lower wages below minimum wage.
2. Nature of the Uniform
If the required clothing is customized, branded, or so specific that it’s not suitable for ordinary wear, it’s more likely to be considered a true uniform, and the employer may be legally responsible for the cost.
Example: If a company requires you to purchase branded pink polos and specific brand pants that cost $200 a piece, then it is more likely that the company will bear the costs for those items, the employee will likely have to pay for a uniform if the employer says you must wear any brand of “black pants and a white shirt.”
3. Deductions Must Be Authorized and Lawful
Under the Illinois Wage Payment and Collection Act (820 ILCS 115/9), employers can only deduct uniform costs if:
- The employee signs a written agreement authorizing the deduction.
- The deduction is reasonable and not excessive.
- The deduction does not reduce wages below the minimum wage.
Protective or Safety Gear: Who pays?
When it comes to safety gear, the rules are stricter and often more protective of employees:
1. Required by Law? Employer Must Pay
If the safety gear is required by OSHA or Illinois law (e.g., hard hats, goggles, gloves), the employer must provide it at no cost in most cases.
Under OSHA Regulation 29 CFR 1910.132(h), employers must pay for personal protective equipment (PPE) needed for workplace safety compliance.
2. Is It Truly Safety Gear or Just Clothing?
- True PPE must be paid for by the employer.
- General-purpose items (like work boots or basic pants) may not require reimbursement unless they’re legally required or employer-specific.
3. Who Chooses the Gear?
The more control the employer exercises over brand, model, or vendor, the more likely the employer must pay.
Example: If your employer says, “You must purchase steel-toe boots from this vendor,” they likely have to pay.
If they say, “Wear any boots with steel toes,” they may not be required to cover the cost.
4. Payroll Deductions Are Strictly Regulated
Employers can only deduct the cost of uniforms or gear from your paycheck if:
- It’s authorized in writing by the employee;
- It does not reduce the employees pay below the minimum wage;
- It does not violate any state or federal law.
What should you do if your employer is still insisting that you must pay?
1. Keep Thorough Records
- Document what your employer requires you to wear or buy.
- Keep copies of pay stubs, receipts, and any messages or policies.
- Save any evidence showing deductions or out-of-pocket costs.
2. Report Internally
- Raise the issue with your supervisor or HR.
- Ask to review the employer’s policies and document those conversations in writing.
3. Seek Legal Advice
If your concerns are ignored or if deductions continue unlawfully, contact the Law Firm of 1818. You don’t have to tolerate being forced to fund your own job requirements, especially when it violates labor laws.
We’re Here to Help
At 1818, we’re dedicated to protecting employees from unlawful labor practices—including wage theft, forced overtime, retaliation, and misclassification.
If you’re being discriminated against, denied proper breaks, unpaid for overtime, or forced to cover the cost of work gear, contact the Law Firm of 1818 today. We’ll fight to ensure your rights are protected, your time is valued, and your employer is held accountable.
