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Uniform Laws Indiana

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  • Uniform Laws Indiana

    Hello:
    I'm a security guard and am required to wear a specific uniform for work.
    This consist of a black shirt with company name patch on it, black slacks,black belt,and black shoes.
    The company provided the shirt, which I have one short-sleeved shirt. They did not have any pants my size so I have had to provide them as well as the other items. The items I have provided, I can wear other places. The shirt I received by picking through a pile of them laying on the floor in a storeage room at our company's office. I was told to only pick one set as we were to be receiving new uniforms soon due to a buyout of our company.
    The new uniforms never happened. Everytime I've tried to get more shirts or pants, they never have my size. They offer long-sleeved shirts but I've never been able to get any.
    My question is two-fold: First, my company requires us to have our uniforms dry cleaned prior to our leaving the company or they will hold your last paycheck. I did not receive it that way so why do I have to pay to have it dry cleaned and return it that way?
    Second: My employer has been taking out four dollars each pay period from my paycheck. It is listed on my paystub as Indiana other. Two pay periods ago they bumped it up to eight dollars. When it was questioned what this deduction was for, we were told it was a security deposit on our uniforms because they don't always get them back. I just gave them my two week notice and told them I expect to receive a refund for the money they have been taking out of my check for a year now. This is over 100.00 dollars for one shirt that I have. I don't know if they are going to fight me on this yet so I wanted to check while I'm waiting to see. This last pay period they lowered the deduction to 3.50 for some reason. They have never told any of us what this was for or that it would be comming out of our checks.
    Thanks for any help in this matter.

  • #2
    What is your question?
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      I can give you part of an answer. For federal law only (FLSA), the employer unfortunately has a great deal of latitude with deductions and making the employee pay for work related expense. The only real issue under federal law is that this is a "for the benefit of the employer" type of deduction and cannot impact minimum wage or overtime requirements. More over, there is a "free and clear" provision in federal rules which means that the employer cannot get around the legal deduction restrictions by making the employee pay for these costs directly in such a way as to impact MW and OT.
      http://www.dol.gov/esa/whd/regs/compliance/whdfs16.pdf

      Your state is not my state and I do not know what rules (if any) IN has in this area. I can say that some states do indeed have rules that are more favorable to the employee the the federal rules. Perhaps another responder knows IN rules on this issue.

      You can always try filing a wage claim with your state's DOL. It works or it does not and it puts the employer in the position of having to prove that their deductions were legal.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        Thank you for the info.
        Have a great day !

        Comment

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