Labor Commission, Antidiscrimination and Labor, Labor

Section R610-3-21

Uniforms

Notice of Proposed Rule

(Amendment)

DAR File No.: 35833
Filed: 02/03/2012 01:03:42 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

In conjunction with its oversight authority over payment of wages, the Commission previously promulgated Section R610-3-21, which generally requires employers to bear the cost of employee work uniforms. However, based on a recent review of its statutory authority, the Commission has concluded that it does not have clear authority to impose such a requirement on employers. The Commission therefore proposes to remove the section. However, in some specific situations, other federal and state health and safety regulations may continue to require employers to bear the cost of personal protective equipment such as fire-resistant clothing, safety boots, and face shields when these are necessary because of workplace hazards. See Labor Commission Section R614-1-4, adopting federal rules found in 29 CFR 1910-132. Likewise, Labor Commission Section R610-3-18 remains in effect and prohibits employers from deducting the cost of uniforms from an employee's wages without the employee's consent.

Summary of the rule or change:

Section R610-3-21 will be removed from the rule.

State statutory or constitutional authorization for this rule:

• Section 34-23-101 et seq.
• Section 34-40-101 et seq.
• Section 63G-4-102 et seq.
• Section 34-28-1 et seq.

Anticipated cost or savings to:

the state budget:

With the removal of Section R610-3-21, the Labor Commission's Antidicrimination and Labor Division will no longer receive complaints or adjudicate disputes regarding employer liability for uniform costs. This will result in some cost savings, but the number of such cases is minimal and the savings to the Division will not be significant.

local governments:

In their capacity as employers, local governments will no longer be required to pay for employee uniforms, but may choose to do so. As already noted, local governments will remain obligated to provide necessary personal protective equipment, and may not deduct the cost of uniforms from an employee's pay without the employee's consent.

small businesses:

Employers, including small businesses, will no longer be required to pay for employee uniforms, but may choose to do so. As already noted, small businesses and other employers will remain obligated to provide necessary personal protective equipment, and may not deduct the cost of uniforms from an employee's pay without the employee's consent.

persons other than small businesses, businesses, or local governmental entities:

Individual employees may incur additional costs for uniforms that were previously paid by their employers. These costs will vary from business to business and from employee to employee and in most cases will be relatively minor.

Compliance costs for affected persons:

Removal of Section R610-3-21 does not impose any compliance costs on affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

For some businesses, the elimination of Section R610-3-21 general requirement that employers pay for employee uniforms will result in a modest reduction of expense. To that extent, the sections removal will have a positive fiscal impact on businesses.

Sherrie Hayashi, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Labor Commission
Antidiscrimination and Labor, Labor
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Heather Gunnarson at the above address, by phone at 801-530-6921, by FAX at 801-530-7601, or by Internet E-mail at hgunnarson@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

04/02/2012

This rule may become effective on:

04/09/2012

Authorized by:

Sherrie Hayashi, Commissioner

R610. Labor Commission, Antidiscrimination and Labor, Labor.

R610-3. Filing, Investigation, and Resolution of Wage Claims.

[R610-3-21. Uniforms.

A. Where the wearing of uniforms is a condition of employment, the employer shall furnish the uniforms free of charge.

1. The term "uniform" includes any article of clothing, footwear, or accessory of a distinctive design or color required by an employer to be worn by employees.

2. An article of clothing which is associated with a specific employer by virtue of an emblem (logo) or distinctive color scheme shall be considered a uniform.

B. The employer may request an amount, not to exceed the actual cost of the uniform or $20, whichever is less, as a deposit on each uniform required by the employer. The deposit shall be refunded to the employee at the time uniform is returned.

 

]KEY: wages, minors, labor, time

Date of Enactment or Last Substantive Amendment: [March 24, 2010]2012

Notice of Continuation: October 5, 2011

Authorizing, and Implemented or Interpreted Law: 34-23-101 et seq.; 34-28-1 et seq.; 34-40-101 et seq.; 63G-4-102 et seq.