N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 146-1.7

Current through Register Vol. 46, No. 45, November 2, 2024

Section 146-1.7 - Uniform maintenance pay

Maintaining required uniforms includes washing, ironing, dry cleaning, alterations, repair, or any other maintenance necessary.

(a) Where an employer does not maintain required uniforms for any employee, the employer shall pay the employee, in addition to the employee's agreed rate of pay, uniform maintenance pay at the weekly rate set forth below, based on the number of hours worked, where employees who work over 30 hours per week shall be paid the high rate, employees who work more than 20 hours but fewer than 30 hours shall be paid the medium rate and employees who work 20 hours or fewer shall be paid the low rate for work performed in:

(1) New York City for:

(i) Large employers of 11 or more employees:

$13.70 high, $10.80 medium, $6.55 low on and after December 31, 2016;

$16.20 high, $12.80 medium, $7.75 low on and after December 31, 2017;

$18.65 high, $14.75 medium, $8.90 low on and after December 31, 2018;

(ii) Small employers of 10 or fewer employees:

$13.05 high, $10.35 medium, $6.25 low on and after December 31, 2016;

$14.95 high, $11.80 medium, $7.15 low on and after December 31, 2017;

$16.80 high, $13.30 medium, $8.05 low on and after December 31, 2018;

$18.65 high, $14.75 medium, $8.90 low on and after December 31, 2019;

(2) Remainder of downstate (Nassau, Suffolk and Westchester counties):

$12.45 high, $9.85 medium, $5.95 low on and after December 31, 2016;

$13.70 high, $10.80 medium, $6.55 low on and after December 31, 2017;

$14.95 high, $11.80 medium, $7.15 low on and after December 31, 2018;

$16.20 high, $12.80 medium, $7.75 low on and after December 31, 2019;

$17.40 high, $13.75 medium, $8.30 low on and after December 31, 2020;

$18.65 high, $14.75 medium, $8.90 low on and after December 31, 2021;

(3) Remainder of state (outside of New York City, Nassau, Suffolk and Westchester counties)

$12.05 High, $9.55 Medium, $5.75 Low on and after December 31, 2016;

$12.95 High, $10.25 Medium, $6.20 Low on and after December 31, 2017;

$13.80 High, $10.90 Medium, $6.60 Low on and after December 31, 2018;

$14.70 High, $11.60 Medium, $7.00 Low on and after December 31, 2019;

$15.55 High, $12.30 Medium, $7.45 Low on and after December 31, 2020;

$16.40 High, $13.00 Medium, $7.85 Low on and after December 31, 2021;

$17.65 High, $14.00 Medium, $8.45 Low on and after December 31, 2022.

(b) Wash and wear exception to uniform maintenance pay.

An employer will not be required to pay the uniform maintenance pay, where required uniforms:

(1) are made of "wash and wear" materials;

(2) may be routinely washed and dried with other personal garments;

(3) do not require ironing, dry cleaning, daily washing, commercial laundering, or other special treatment; and

(4) 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.

(c) Employee chooses not to use employer-provided laundry service.

The 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:

(1) launders required uniforms free of charge and with reasonable frequency;

(2) ensures the availability of an adequate supply of clean, properly-fitting uniforms; and

(3) informs employees individually in writing of such service.

(d) Uniform maintenance pay shall not be offset by any credits for meals or lodging provided to the employee.

(e) This section shall apply to all employees, regardless of a given employee's regular rate of pay.

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 146-1.7

Amended New York State Register December 28, 2016/Volume XXXVIII, Issue 52, eff. 12/31/2016

Amended New York State Register December 28, 2022/Volume XLIV, Issue 52, eff. 12/31/2022