If a restaurant requires a specific piece of clothing to be worn, say a shirt, that must be puchased from a specific store or through the restaurant, is the employee responsible to pay for this item? Wouldn't this be a required uniform and therefore supplied by the business? Thanks in advance.

While I have not researched NJ laws specifically, in general an employer is not required to pay for items that you would be able to wear on the street.

So if your employer is requiring you to wear, say, khaki pants and a black polo shirt, which you could easily wear as street wear when you are not at work, they do not have to pay for it. If they are requiring you to wear a shirt that has their name and logo silkscreened on it which you would only wear while working, they would.

Well, it's New Jersey, but cbg is still right. :)

Q. Can an employer make a deduction for uniforms or uniform maintenance?

A. No. The Law states "No deduction from the pay of employees for uniforms shall be permitted. If the employee pays for uniforms in cash and the cash payment brings the employee below the minimum wage, the employer shall make up the difference for the minimum wage for that week." In addition, an employer may not require an employee to purchase a uniform that contains a company logo or cannot be worn as street wear. However, Section 34:11-4.4b(6) of the Wage Payment Law, NJSA 34:11-4.1 et seq., allows deductions including those for: "Payments authorized by employees or their collective bargaining agents for the rental of work clothing or uniforms or for the laundering or dry cleaning of work clothing or uniforms; provided the deductions for such payments are authorized by the employer."


http://lwd.dol.state.nj.us/labor/wagehour/content/wage_and_hour_compliance_faqs.html#q37

Sorry, typo, I'll correct.

So if I'm an owner of the business and I tell a waiter making minimum wage that he has to get a specific black long sleeve Versace designer shirt that costs $95 dollars that the waiter would never buy for himself, the waiter still has to go out and pay for it?

That's not what a law says. A Versace shirt COULD be worn as street clothes, even if the employee wouldn't go out and buy it on his own. Not the kind of employer I'd want to work for, though. :(

Thanks for the clarification. I used to own a bar in NJ and that law always confused me so I just let them where what they wanted as long as it was the right color or they could get a company logo t-shirt from me for free.

Unfortunately my brother is the one getting stuck buying a $95 shirt to bartend on the side at a high-priced new restaurant. He asked me about the law from my experience.

Even after all these years I'm still not too sure so I thought it was best to ask. Thank you all for your help. :)

Ouch for your brother-in-law. Although, is it possible to get a knock-off? Unless, of course, the label is on the outside. :)

OK, sorry I just got some more information on this shirt. It is a $95 shirt he has to buy from them.

Here's what it looks like: Brown shirt with a white colar/brown stripes. Two white front pockets with flaps and slit on the side for pens. On the back is 2 buttons with a strap in-between (for show I guess). The sleeves also have cuffs that match the pockets. Specifically made for waiters/bartenders. It was specifically designed by a manufacturer for this restaurant.

Sounds like a uniform to me now. How about you?

It's starting to sound more and more like one, yep. Especially since it is this specific shirt and no other. (What manufacturer would want to copy that? :eek: )
He can call the DOL to confirm. And would you let us know what they tell him?

Thanks.

I will pass it along and if I have the definitive info from DOL, I will come back with it. Thanks, again.

I agree with the above. The more we learn, the more it sounds like this should be employer paid.

That's not what a law says. A Versace shirt COULD be worn as street clothes, even if the employee wouldn't go out and buy it on his own. Not the kind of employer I'd want to work for, though. :(

I believe that California actually has regulations addressing the issue of requiring employees to buy and wear the clothes of the store in which they work and has limited the employers ability to do so. It was particularly addressed to stores that sell expensive clothing.