Can I deduct a security deposit for uniforms from an employees wages?
Another problem confronts foodservice employers: To ensure that minimum wage employees return their uniforms when they leave, may employers require an up-front security deposit (before the employee begins working), or may the employer deduct a security deposit from wages? The answer is “no” for workers paid the minimum wage, including tipped workers who are paid the minimum wage. The DOL told the National Restaurant Association in an April 5, 1991, opinion letter that those deposits or deductions violate federal wage laws in cases where they reduce an employee’s wage below the federal minimum wage. The Texas Payday Act further requires that any deduction from an employee’s wages be agreed to in writing.
