For Abercrombie & Fitch, 2003 was not a great year.  The international retail giant had some very definite ideas about how their California employees should look—and dress—and some very definite penalties for employees who didn’t toe the line.

Female employees were permitted to have no more than two earrings per ear—male employees weren’t allowed to have any.  Hair was another Abercrombie obsession—no “unnatural” hair colors or highlights allowed.  They even checked out their employees’ nail polish—those colors also had to be “natural.”  Clothes, per company policy, needed to be “clean and classic”—oh, one other thing—they had to be Abercrombie clothes.

That in itself wouldn’t have caused such a riff if the company hadn’t required their employees to pay for those clothes themselves—not once, but continually:  every time a new sales guide was published, employees were required to buy new clothes consistent with the new look.  Any employee who didn’t comply would be sent home and scheduled for less shifts—not a great deal for the employees, but nice for Abercrombie, as long as they could get away with it.

Abercrombie Pays the Piper

They couldn’t—their requirements were a violation of California labor law, section 2802.  That law is clear and unambiguous, and appears—in black and white—on the state’s website:

“An employer shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties.”

Translation:  if an employer in California makes his employees wear a uniform, the employer has to pay for it.  Abercrombie didn’t pay for the uniforms—so the state made them pay $2.2 million in reimbursements, and promise to make their uniform policy voluntary.

Déjà Vu All Over Again

Promises made by corporate behemoths are like snowflakes in April—they don’t last very long.  Even though they got caught, even though they were forced to pay more than $2 million to injured employees, and even though they promised never to do it again, they did.  In 2015, more than 62,000 Abercrombie employees sued the company over its strict uniform policy—the same policy they had promised to change more than a decade earlier.

According to Reed Marcy, the attorney representing the plaintiffs, Abercrombie treated its employees wrongfully in two ways.  First, it orchestrated a program of “compelled purchases,” in which workers who refused to buy the company’s clothes suffered penalties, a violation of California labor codes.  Second, Abercrombie failed to reimburse employees for those purchases, which constitutes a separate state labor code violation.

Can Employers in California Require That Employees Wear Uniforms?

Employers in California can require their employees to dress in a particular way, or to wear a uniform, but those requirements can’t run afoul of the state’s laws prohibiting discrimination.  For example, employers can’t establish a uniform policy which requires women to wear dresses or skirts, or which requires disabled employees to wear uniforms which are difficult for them to put on or take off–and they can’t require employees to pay for the uniforms.

It’s More Than Just Uniforms

Under California labor law, the only items employers can require employees to pay are those required by state and federal law (such as income taxes); those authorized by the employee to cover insurance, hospital or medical dues; and those authorized by collective bargaining to cover either health and welfare or pension payments.  What they can’t require them to pay is the cost for uniforms or any of the following:

Conclusion

Some aspects of California labor law can be difficult for laypersons to navigate.  If you feel your rights are being violated in the workplace, you need to contact an experienced employment attorney.
The attorneys at Aiman-Smith & Marcy have broad and deep expertise in both federal and California employment law and an unwavering commitment to helping victims of unjust labor practices.  We will take your case seriously, work collaboratively with you, and devote the time and resources necessary to ensure your rights are protected.  If you have specific questions or would like to discuss your case, contact us today.

11 Responses

  1. If employer “doctors office” requires uniforms “logo printed scrubs and particular color and brand”, how many sets of uniforms are they suppose to provide

    1. Hi Johnanna, Thanks for your comment. It really depends on so many different things. Like, how often to you need to change? Do they pay for cleaning? etc…It would be best if you gave us a call so we can give you better advice based on what you are exactly going through. 510-817-2711 Thanks!

  2. In California i’m i allowed to clock in to start my shift and then put on my uniform? I’m a hourly paid supervisor for a security company.

    1. Hi Rogger, Thank you for your question. This is a very good question and it would be best if you spoke directly to our attorneys for further assistance. Please call us at 510-817-2711 whenever you get a chance.

  3. I wanted to know.. I work for rite aid and our dress code is very specific. We need to wear collard navy blue shirts and khaki pants. I wanted to know if my company is required by law to provide those clothes to us? They are very stricked up into what color my shoes are but nowhere in the dress code policy does it specify what color is needed to be worn. Thank u for your help.

    1. Hi Bristal,
      Please call us at the office to learn more about your rights. The call is totally free. Thanks!

  4. I worked for Hollister for a little while (also owned by Abercrombie) and was involved in the 2015 class action suit against them. After years I got an $8 check for those clothes which cost about $40. Hopefully in the future the company gets fined a larger amount.

  5. I worked for a company in California that required us to wear uniforms. We worked 12 hour shifts and were also required to relieve the shift that was on duty. Every company that I have worked for paid me 15 minutes of double time for changing and pass down. The company also paid us at a rate of 10 straight time hours and 2 time and a half hours without any real explanation. It is my understanding that this is also a violation of labor law. I discussed the unpaid time for relief and changing into our uniforms with management but it always fell on deaf ears. I’m not sure if I’m still able to be compensated for these unpaid hours. I no longer work there and I did leave on good terms.

    1. Hi Andrew, Please feel free to call us at our office to discuss this further and to learn more about your rights. Thanks!

  6. Tommy Bahama provides clothes but the cost in figured as part of your pay and you have to pay taxes on the clothes