Can my manager take money out of my pay for my uniform, something I broke, or a mistake?
The short answer
Example
DOL’s own uniform example, for a 30-hour week with a required uniform:
| Paid $7.25 an hour | Paid $7.75 an hour | |
|---|---|---|
| Hours that week | 30 | 30 |
| Wages above the $7.25 minimum | None | $15.00 ($0.50 × 30) |
| Most the uniform can cost you that week | $0. DOL says no deduction, and you can’t be made to buy it yourself. | $15.00 |
- Spreading it out is allowed, within limits. DOL lets an employer split a uniform cost over several paydays, as long as no single workweek drops below the minimum wage or cuts into overtime.
- The same limit applies to breakage and mistakes. DOL’s list covers damage to the employer’s property and bills that were totaled wrong, capped the same way.
- At $2.13 plus tips, DOL says walkout, breakage, and shortage deductions are illegal, because any of them would take you under the minimum.
Not tax or legal advice. The $7.75 wage and 30 hours follow DOL’s example. Your state may limit deductions further.
Plain English
Uniforms
Federal law doesn’t require uniforms. But DOL says that if a uniform is required by another law, by the nature of the business, or by your employer, the cost and upkeep of the uniform is the employer’s business expense. If your employer makes you pay for it anyway, the cost can’t bring your wage below $7.25 an hour or cut into overtime.
DOL lists as a typical problem an employer that gives out elaborate uniforms and makes employees responsible for cleaning them.
Breakage, mistakes, and losses
DOL says the same limit covers anything that’s mainly for the employer’s benefit. Its examples include tools used on the job, damage to the employer’s property by you or anyone else, money lost when customers don’t pay, and theft. You can’t be required to cover any of it if that would bring your wages below the minimum or cut into overtime. DOL says this holds even if the loss was due to your own negligence.
For walkouts and short drawers in detail, see Can my restaurant make me pay for a walkout?
Paying in cash counts
DOL says an employer can’t get around the rule by having you pay it back in cash instead of taking it from your check. Federal regulations say wages have to be paid “free and clear,” and money handed back to the employer counts against them.
Your tips are separate
Federal law says your employer can’t keep any part of your tips for any purpose. A deduction taken from your tips instead of your wage runs into that rule. See What can I do if my employer keeps part of our tips?
Your state may have stricter rules
This page covers federal law only. DOL keeps a list of state labor offices.
Where to ask
DOL’s Wage and Hour Division takes calls at 1-866-487-9243. See How to file a complaint.
Common mistakes
- Paying for a required uniform in cash because it isn’t “coming out of your check.” DOL treats it the same.
- Assuming a deduction is fine because the breakage was your fault.
- Checking one paycheck instead of each workweek. The limit applies week by week.
- Letting a deduction come out of your tips.
Official sources
- U.S. Department of Labor, Fact Sheet #16: Deductions From Wages for Uniforms and Other Facilities Under the FLSAdol.gov
- U.S. Department of Labor, Fact Sheet #15: Tipped Employees Under the FLSA (walkouts, breakage, and shortages; employers may not keep tips)dol.gov
- 29 CFR 531.35, “Free and clear” payment; “kickbacks”ecfr.gov
- U.S. Department of Labor, Wage and Hour Division: State Labor Officesdol.gov
Last verified:
Checked DOL Fact Sheet #16 (revised July 2009), DOL Fact Sheet #15, and 29 CFR 531.35 on eCFR (current through September 21, 2026).
Still open: State rules on paycheck deductions differ and aren’t covered here.