Q: Can districts require employees to have communication devices, uniforms, or tools as a condition of employment?
A: Yes, employees can be required to have communication devices, uniforms, or tools as a condition of employment. If the district requires employees to bear the cost, the cost may not reduce nonexempt employee wages below minimum wage ($7.25 per hour) in the workweek the expenses are incurred. This restriction applies when the cost is deducted from a nonexempt employee’s wages or when the employee is required to purchase the item on their own.
Rules addressing this issue are covered under the Fair Labor Standards Act. Fact Sheet #16: Deductions From Wages for Uniforms and Other Facilities Under the Fair Labor Standards Act (FLSA) is available on line from the Wage and Hour Division of the U.S. Department of Labor 
. These rules apply to the cost of the uniform and other items that are considered to be for the benefit or convenience of the employer (e.g., tools used in the employee’s work including tools of the trade and other materials and services incidental to carrying on the employer’s business, 29 CFR 531.2(d)(2)). It makes no difference whether an employer requires a nonexempt employee to purchase a tool or equipment before the employee begins work or during the course of the work.
If an employer requires a prospective nonexempt employee to purchase a uniform, tools, or other equipment before starting work, the employer must reimburse the employee no later than the next regular payday to the extent that the uniform costs cut into statutory minimum wage or overtime premium pay (FLSA Opinion Letter 2001-7 ).
These rules do not prevent districts from requiring employees to comply with a dress code. If your dress code merely prescribes a general type of clothing to be worn while working and permits variation in details of dress, the garments chosen by the employees would not be considered uniforms (e.g., polo/golf shirt and khaki pants). On the other hand, if you require a specific or distinctive type, brand, or style of clothing be worn (e.g., logo shirt or jacket), such clothing would be considered uniforms.
