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A: Many of the security guards and maintenance workers that the Texas overtime attorneys at Kennedy Hodges help are required to wear uniforms, and it is not uncommon for their employers to require that they personally purchase these uniforms.
But it is important for employees to know that employers are not allowed to require them to make such a purchase if it causes them to make less than minimum wage. Let's use a security guard and his uniform as an example.
John the Security Guard is required to wear black pants, a black shirt, black boots, a belt, a whistle, a nametag, a badge, and a Taser gun as part of his uniform, all of which are sold to him by his employer, Company X.
Each item costs the following:
Pants: $40
Shirt: $35
Boots: $100
Belt: $20
Whistle: $5
Nametag: $8
Badge: $10
Taser gun: $50
Total: $268
If John only makes $8.00 per hour, for a total of $320 for a 40 hour week, but his required uniform costs him $268, then his remaining earnings would be $52. Divide $52 by 40 hours, and John's new hourly rate drops to $1.30, which is well below the federal minimum wage. Therefore, Company X cannot require John to pay for his own uniform. This Fair Labor Standards Act rule applies whether the employer sells the employee the required items or they are purchased from a third party.
Want to learn more about minimum wage and overtime claims in Houston, Texas? Order your free copy of Kennedy Hodge's book, Ten Biggest Mistakes That Can Hurt Your Wage and Overtime Claim , by calling 888.449.2068. You also can fill out this online form to have an attorney contact you immediately to set up a free case evaluation and consultation.
