Hotel and restaurant employers commonly require employees to wear uniforms, some as simple as a shirt with company logo, others requiring a more complete look: jacket or blouse and pants or skirt, or dress. Some employers, however, fail to consider the consequences of imposing the cost of the uniform on an employee. Under the federal Fair Labor Standards Act (FLSA), an employer violates the law when a uniform deduction cuts into a non-exempt employee’s minimum wage or overtime wages. Thus, an employer must carefully consider the amount of deduction and the impact it will have on an employee’s statutorily protected wages.

But not every article of clothing constitutes a "uniform" under the FLSA. The U.S. Department of Labor (USDOL) has long maintained that certain clothing, although required by the employer, is of such a character that it may be reasonably worn outside the context of work and therefore is not a uniform. Shoes are an interesting case-study.