Cal-Peculiarities: How California Employment Law is Different 2022 Edition

232 | 2022 Cal-Peculiarities ©2022 Seyfarth Shaw LLP  www.seyfarth.com 7.12.2 Payment for uniforms California employers who require employees to wear uniforms must pay for the uniforms and their maintenanc e. 321 A uniform is any distinctively designed or colored wearing apparel or accessory, although items of unspecified design that are usual and generally usable in the occupation (e.g., white shirts, dark pants, black shoes and belts) are not considered to be part of a unifor m. 322 In one case, a retailer settled a DLSE enforcement action in which the DLSE contended that a dress code requiring the wearing of a blue shirt and tan or khaki pants constituted a uniform requirement . 323 Section 9(C) of most wage orders states that employer-provided uniforms must be returned by the employee upon completion of the job. The employer may require a reasonable deposit as security for the return, provided that the employer follows the specific requirements of Labor Code section 400, et seq. Pursuant to this process and with prior written authorization by the employee, the employer may deduct from the employee’s last check the cost of the uniforms, but must not deduct for normal wear and tear. 7.12.3 Payment for tools or equipment Section 9(B) of most wage orders provides that employers who require tools or equipment to perform a job must provide and maintain them, although employees who are paid at least twice the minimum wage may be required to provide and maintain hand tools and equipment customarily required in their trade or craft. Section 9(C) provides that with tools and equipment, as with uniforms, employers may require a reasonable deposit and may, with prior written authorization, make deductions for items not returned by employees. 7.12.4 Cost of medical examinations California employers must not deduct from a paycheck the cost of a medical examination for the employee . 324 7.12.5 Debt repayment (employee loans) Any payroll deduction used to satisfy a debt that the employee owes the employer is valid only if the deduction was approved in writing by the employee. Any deduction of a “balloon” payment from a final paycheck is unlawful . 325 7.12.6 Barriers to employer recovery of wage overpayments The Court of Appeal has held that an employer must not make payroll deductions to recoup inadvertent overpayments of salary, because any such deduction would violate attachment and garnishment statutes . 326 The DLSE has opined that an employer making regular, predictable, and expected overpayments (such as where the employer pays a set amount on the assumption that employees have worked a given number of hours, without yet checking on the exact number of hours worked) can recover those overpayments through deductions in the next paycheck, but only if the employer has prior written authorization to make those deductions and only if the employee still receives, after the deductions, not less than the minimum wage. Further, even with that authorization, according to the DLSE, there can be no deduction from the final paycheck . 327 7.12.7 Other forbidden deductions General Labor Code prohibition. California employers generally must not deduct from employee paychecks except as the deductions are authorized by law or made with the employee’s written consent . 328 Tips. California employers must not deduct tips or gratuities from wages. For discussion of this and other peculiar rules on tips, see § 7.18.