Uniforms and Work Equipment in California: Who Pays?

If a California employer requires a uniform, the employer pays for it. Wage Order 4 says required uniforms “shall be provided and maintained by the employer,” and it applies the same rule to required tools and equipment. Most claims turn on what counts as a uniform. Basic clothing that’s generally usable in the occupation usually doesn’t, and that’s where the employer’s defense starts.

Which clothing counts as a uniform under California law?

Clothing or accessories “of distinctive design or color.” That’s the definition in section 9(A) of the wage order, which says the term “includes wearing apparel and accessories of distinctive design or color.” A shirt with the company logo is a uniform. So is a specific branded polo, a colored vest in the company’s shade, or an apron the employee can’t buy anywhere except through the employer.

Basic wardrobe items are different. The Court of Appeal in Townley v. BJ’s Restaurants, Inc. (2019) 37 Cal.App.5th 179 quoted, through a Ninth Circuit decision, the Labor Commissioner’s long-standing enforcement position that employers may “specify basic wardrobe items which are usual and generally usable in the occupation, such as white shirts, dark pants and black shoes and belts, all of unspecified design, without requiring the employer to furnish such items.”

That line gives employers room, but it’s narrower than it looks. A rule calling for black pants describes a wardrobe item. A rule calling for black pants from one vendor in one cut starts to look like a uniform. The more specific the requirement, the harder it is to argue the item is generally usable.

Does an employer have to pay for required shoes?

Not for basic non-uniform footwear, according to Townley. BJ’s required hourly restaurant employees to wear black, slip-resistant, closed-toe shoes, but it didn’t require a particular brand or style, and employees could wear the shoes outside of work. A server brought a PAGA claim arguing the shoes were a reimbursable business expense under Labor Code section 2802.

The court affirmed summary judgment for the employer, holding that “BJ’s is not required, as a matter of law, to reimburse its employees for the cost of the slip-resistant shoes at issue in this case under section 2802.” It added that the cost of the shoes isn’t a “necessary expenditure” under the statute.

The holding has limits that employers should respect. The court noted that the employee “has not argued that the slip-resistant shoes she was required to purchase were part of a uniform or were not usual and generally usable in the restaurant occupation.” A policy that specifies a brand or a distinctive design, or a shoe that’s useless outside the job, invites a different result.

Protective gear sits on a separate track. Section 9(A) of the wage order says it “shall not apply to protective apparel regulated by the Occupational Safety and Health Standards Board,” which means Cal/OSHA rules decide who pays for that equipment. Employers shouldn’t assume that the wage order exclusion means the employee pays.

Who pays for tools and equipment?

The employer, with one exception for skilled trades. Section 9(B) of the wage order says that when tools or equipment “are required by the employer or are necessary to the performance of a job, such tools and equipment shall be provided and maintained by the employer.”

The exception is narrow. An employee “whose wages are at least two (2) times the minimum wage provided herein may be required to provide and maintain hand tools and equipment customarily required by the trade or craft.” Each word in that sentence does work. The employee must earn at least twice the state minimum wage. The items must be hand tools, not power tools or diagnostic equipment. And they must be customary in the trade. A mechanic earning that much can be asked to bring wrenches. A mechanic earning less can’t, and no mechanic can be required to buy the shop’s scanning equipment.

Employers in this situation should check pay against the current minimum wage every January. A raise in the state minimum can push employees below the two-times threshold without anyone noticing, and the exception disappears for them.

Can an employer charge employees for uniforms they don’t return?

Only in the ways the wage order allows. Under section 9(C) of the wage order, an employer may require “A reasonable deposit” as security for the return of uniforms and tools, with a receipt to the employee. Alternatively, “with the prior written authorization of the employee,” the employer may deduct from the last check the cost of an item that isn’t returned.

Two limits apply. The wage order says, “No deduction shall be made at any time for normal wear and tear.” And the written authorization has to come before the deduction, not at the exit interview. A deduction from final pay that doesn’t fit these rules can trigger a claim for the withheld amount and a late final pay claim on top of it.

How do uniform and equipment claims show up?

Usually as one item in a larger wage case or a PAGA notice. An employee’s lawyer lists unreimbursed uniforms or tools alongside meal break and overtime claims, and the employer’s handbook dress code becomes Exhibit A. Because a dress code applies to everyone in the job, the claim covers the whole group.

The defense starts with the policy text. If the policy describes basic wardrobe items of unspecified design, Townley and the Labor Commissioner’s position support the employer. If it names a brand, a logo, or a color that’s specific to the company, the employer should expect to pay and should focus on what was actually reimbursed and when.

How do the uniform and equipment rules compare?

What should an employer do once a uniform or tool claim arrives?

These claims are usually small per person and large across a workforce, so the documents carry most of the weight.

1. Preserve every version of the dress code and tool policy, the purchase and reimbursement records, the payroll deductions, and the managers’ messages about what employees had to buy.
2. Calendar the deadline on the demand letter, PAGA notice, or complaint, and check for an arbitration agreement and an employment practices liability (EPLI) policy with a notice requirement.
3. Identify who wrote and enforced the dress code at each location, and avoid any action against the employee who raised the claim.
4. Pull the actual items or photos of them, along with vendor lists and the pay rates of any employee asked to supply tools, measured against the minimum wage in effect each year.
5. Talk to a lawyer before changing the policy or paying anyone back, so the fix doesn’t read as an admission and the payments are structured to close out the claim.

For businesses defending employment lawsuits in California, the firm’s practice page describes how it handles wage and PAGA claims.

Uniform and equipment questions from California employers

Can we require employees to wear black pants and a white shirt?

Generally, yes, if the requirement is for basic items of unspecified design. The Labor Commissioner’s enforcement position quoted in Townley uses white shirts and dark pants as examples of wardrobe items employees can be asked to supply. The answer changes if the policy requires a particular brand, fabric, or cut that isn’t generally usable in the occupation.

Does a logo patch make clothing a uniform?

It almost certainly does. A logo gives the item a distinctive design under the wage order definition, and an employee can’t reasonably wear it for another employer. If the company wants logo apparel, the company should provide it and maintain it.

Who pays to clean uniforms?

The wage order says uniforms “shall be provided and maintained by the employer.” Maintenance includes cleaning when the uniform needs special care. Employers commonly handle this by providing a laundry service, by supplying wash-and-wear uniforms that need no special care, or by paying a cleaning allowance. Whatever the approach, it should be written down and applied the same way at every location.

Does the hand tool exception apply to apprentices?

No. The wage order says the tool provision in subsection (B) “shall not apply to apprentices regularly indentured under the State Division of Apprenticeship Standards.” Employers with apprenticeship programs should check the program’s own rules on tools before asking apprentices to buy anything.

If a wage claim includes uniforms or tools

If your company has received a demand letter or PAGA notice that includes unreimbursed uniforms, shoes, or tools, the dress code’s wording and the reimbursement records usually decide how much of the claim is real. Rosenberger + Kawabata represents employers defending employment lawsuits and claims through its business litigation practice, including claims involving uniform and equipment costs. Contact Rosenberger + Kawabata online for a confidential consultation, or call (310) 894-6921.

Sources

The regulation is Industrial Welfare Commission Order 4-2001, California Code of Regulations, title 8, section 11040, section 9. The statute is Labor Code section 2802. The decision is Townley v. BJ’s Restaurants, Inc. (2019) 37 Cal.App.5th 179, published.

This post is general information about California employment law as of November 7, 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Employment statutes, regulations, and court decisions change often, and the outcome of any claim depends on its facts. Past results do not guarantee future outcomes.