WSR 97-01-124
PERMANENT RULES
DEPARTMENT OF
LABOR AND INDUSTRIES
[Filed December 19, 1996, 10:52 a.m.]
Date of Adoption: December 19, 1996.
Purpose: To eliminate redundant language in WAC 296-126-098(2) and 296-126-224 by repealing WAC 296-126-224. Amendments to WAC 296-126-098(2) require the employer to pay costs to furnish and maintain apparel with a designated color, style, or logo when the apparel is required by the employer and when their cost reduces the employees' wage or overtime compensation below the state minimum. The rule indicates that black and white are included among colors.
Citation of Existing Rules Affected by this Order: Repealing WAC 296-126-224; and amending WAC 296-126-098.
Statutory Authority for Adoption: RCW 49.12.091 (as amended by RCW 43.22.282).
Adopted under notice filed as WSR 96-14-115 on July 3, 1996.
Changes Other than Editing from Proposed to Adopted Version: WAC 296-126-224 Wearing apparel, no variance.
WAC 296-126-098 Wearing apparel, as a result of testimony and comments received, the following amendments are made:
Subsection (2)(a), delete the following language: "Apparel with an employer-designated color, style, or logo that is required by the employer to be worn during the course of employment is a uniform. For purposes of this section, black and white are included among colors."
Add the following language: "Apparel that is required by the employer to be worn during the course of employment is a uniform if it has an employer-designated:
(i) Logo,
(ii) Style, or
(iii) Color with no other color options allowed.
For purposes of this section, black and white are included among colors."
Subsection (2)(b), delete the following language: "Examples of nonuniform apparel include but are not limited to: A WISHA required safety helmet and a light shirt and/or dark pants."
Subsection (2), add (c) which states, "An employer may prohibit the wearing of certain articles of apparel as part of a general dress code, provided the prohibition still allows the employee options in choice of apparel.
Examples of nonuniform apparel include but are not limited to: Articles that are part of a general dress code allowing two or more color and/or style options, a WISHA required safety helmet, and a light shirt and/or dark pants."
Subsection (3)(c)(iii), delete the following language: "If the uniform consists of 'wash and wear' material that requires only washing and tumble or drip drying, and if it can be laundered with other personal garments, reimbursement for laundering costs is not required." Add the following language, "Laundering costs do not apply to 'wash and wear clothing that do not require professional cleaning."
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 1, repealed 1.
Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 1, repealed 1.
Effective Date of Rule: Thirty-one days after filing.
December 19, 1996
Mark O. Brown
Director
AMENDATORY SECTION (Amending Order 76-15, filed 5/17/76)
WAC 296-126-098 Wearing apparel. (1) The employer shall provide
for adequate safekeeping of employees' clothing worn to and from the
((work place)) workplace, but not worn on duty.
(2) ((Whenever an employer requires the employees to wear a uniform
or other article of wearing apparel of a specific style or color, it must
be furnished by the employer. Usual and customary wearing apparel in
conformance to a general dress standard need not be furnished by the
employer.)) What is and what is not a uniform?
(a) Apparel that is required by the employer to be worn during the course of employment is a uniform if it has an employer-designated:
(i) Logo;
(ii) Style; or
(iii) Color with no other color options allowed.
For purposes of this section, black and white are included among colors.
Examples of uniform apparel required by the employer include but are
not limited to: A guard uniform, white jacket and pants worn by
culinary, cleaning, or medical personnel, a hat with an employer's
logo worn only at work, and a white blouse and/or black skirt.
(b) Apparel worn at work by an employee at the direction of the employer is not a uniform if:
(i) It is usually and customarily worn outside of employment and conforms to a general dress standard allowing choice of style and color; or
(ii) It is considered personal protective equipment and governed by industrial safety and health statutes, rules, and regulations administered by the department of labor and industries.
(c) An employer may prohibit the wearing of certain articles of
apparel as part of a general dress code, provided the prohibition still
allows the employee options in choice of apparel.
Examples of nonuniform apparel include but are not limited to:
Articles that are part of a general dress code allowing two or more
color and/or style options, a WISHA required safety helmet, and a
light shirt and/or dark pants.
(3) Employer responsibility for costs to furnish and maintain uniforms:
(a) The employer must pay costs to furnish and maintain (including
laundry and repair) the uniform when costs of obtaining and maintaining
the uniform would reduce the employee's wage below the applicable minimum
wage or overtime compensation required by the Washington Minimum Wage
Act, chapter 49.46 RCW.
Calculation examples include but are not limited to:
(i) An employee is paid only minimum wage: The employer must pay all uniform costs.
(ii) An employee is paid one dollar per hour over minimum wage,
works a forty-hour work week, and earns forty dollars above the
required minimum each week: If the employer purchases the uniform
for forty-five dollars, the employer may deduct up to forty dollars
from the employee's earnings without impacting the minimum wage.
If the employee purchases the uniform, the employer must reimburse
the employee five dollars, the impact on minimum wage.
(b) Except as indicated in this section, uniform costs that impact the minimum wage or overtime compensation earned during a work week must be paid in full to the employee at the earliest regular pay day. Payment shall not be prorated over time and shall be based upon the total cost at date of purchase.
(c) Reimbursement to an employee for laundering costs incurred during a work week shall be determined by:
(i) The actual cost of laundering (e.g., charges of a uniform laundry or rental service); or
(ii) If the actual cost cannot be determined, a forty-hour per week employee shall be paid one hour at the Washington minimum wage, and an employee who works less than forty hours per week shall be paid one-fifth of the minimum hourly wage.
(iii) Laundering costs do not apply to "wash and wear" clothing that do not require professional cleaning.
(d) An employer shall not charge an employee:
(i) A deposit for the cost of the uniform; or
(ii) Rent for the cost of maintaining the uniform; or
(iii) "Wear and tear" on the uniform.
(e) Exceptions to this section:
(i) An employer may withhold the actual cost (or not reimburse the employee's actual cost) of a uniform from an employee's final paycheck if the employee has ceased employment and has not returned the uniform to the employer. This withholding may be made provided the employee agrees to this policy upon hiring and provided that the final payroll amount is not reduced below the applicable minimum wage or overtime compensation required by chapter 49.46 RCW.
(ii) An employer is not required to reimburse an employee for
obtaining a uniform when the uniform is owned by the employee and is
acceptable to the employer at the time of hire. Costs associated with
additional new uniforms shall be paid by the employer when the costs
would reduce the employee's wage or overtime compensation below the state
minimum in a work week.
[Order 76-15, 296-126-098, filed 5/17/76.]
REPEALER
The following section of the Washington Administrative Code is
repealed:
WAC 296-126-224 Wearing apparel.