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Total Articles: 3

DOL Opinion Letter Clarifies Rules On Footwear.

The U.S. Department of Labor (DOL) recently issued an opinion letter addressing two issues involving employer requirements that employees wear a specific kind of footwear to work. The questions posed by a restaurant were as follows: (1) whether the requirement that employees wear a certain type of footwear makes such footwear a "uniform" under the Fair Labor Standards Act (FLSA); and (2) whether permit-ting employees to pay for shoes that comply with the employer's policy through a payroll deduction constitutes an impermissible deduction from wages.

Uniformity.

It has long been industry practice for employers, including many in the hospitality industry, to require workers to wear clothing of a particular kind or appearance. What many do not realize is that this practice can have significant ramifications under the federal Fair Labor Standards Act. If your clothing policy violates the FLSA, "everybody does it" will not be a defense. A new U.S. Labor Department guidance letter has added at least a little clarity in this area.

Department of Labor Opinion Examines Uniform Rules, Determines Whether Restaurant Must Pay For Shoes.

The Department of Labor has released a new opinion letter in which it examines a company policy specifying employee shoes. The questions posed are: (1) Are the shoes part of a uniform, such that the employer must pay for them? (2) May the employer arrange for the purchase of the shoes and deduct the cost from the employee’s pay?
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