Private employers in California are required by law to pay for their workers’ uniforms. But a new ruling from a California appeals court says state and local government employers are generally off the hook for uniform reimbursement.
The appeals court rejected class-action challenges brought against various public employers alleging that the employers’ failure to fully compensate the employees for the actual cost of purchasing, replacing, cleaning, and maintaining required work uniforms violated Labor Code section 2802. That provision requires an employer to indemnify employees for all necessary expenditures or losses they incur as a consequence of performing their job duties.
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The problems with the employees’ argument depended on whether the challenged employer was a city or county, the state itself, or the University of California. Local governments have the legal responsibility to determine compensation for their employees. And because uniform reimbursement falls under the category of compensation, said the court, the issue is solely within the local governments’ domain.
With respect to state agencies, there is a separate law (Government Code section 19850.1) requiring state employees to buy their own uniforms, although the state must provide an annual allowance for replacement only. And, said the court, the University of California is authorized to manage its own internal affairs, including uniform reimbursement.
We’ll have more details on this ruling in an upcoming issue of the California Employer Advisor.