New York Dress Codes laws & HR compliance analysis

New York Dress Codes: What you need to know

Uniform maintenance pay. When an employer in the hospitality industry does not maintain (for example, washing, ironing, dry cleaning, altering, repairing, or any other maintenance necessary) required uniforms for employees, the employer must pay the employees, in addition to the employee’s agreed rate of pay, a uniform maintenance pay that varies depending on the hours worked. The amounts are updated yearly. For further information about the current uniform maintenance pay rate, visit http://labor.ny.gov/legal/counsel/pdf/hospitality-wage-order-frequently-asked-questions.pdf (Hospitality Industry Wage Order Sec. 146-1.7).
Uniform maintenance pay may not be offset by any credits for meals or lodging provided to the employee.
Exceptions. An employer will not be required to pay the uniform maintenance pay, where required uniforms:
• Are made of “wash and wear” materials,
• May be routinely washed and dried with other personal garments,
• Do not require ironing, dry cleaning, daily washing, commercial laundering, or other special treatment, and
• Are furnished to the employee in sufficient number, or the employee is reimbursed by the employer for the purchase of a sufficient number of uniforms, consistent with the average number of days per week worked by the employee.
Also, an employer will not be required to pay uniform maintenance pay to any employee who chooses not to use the employer’s service, where an employer launders required uniforms free of charge and with reasonable frequency, ensures the availability of an adequate supply of clean, properly fitting uniforms, and informs employees individually in writing of the service.
Costs of purchasing required uniforms.

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