Question:
As a server, am I obligated to provide my own cleaning supplies? The company I work for requires me to provide my own vacuum to clean my section at the end of my shift. They are very expensive. Not to mention the material that ends up on the floor breaks them quickly, so it’s not long before I have to shell out for another one. Is it appropriate for me to be spending so much money on cleaning supplies?
– Emily, Server, Islip, N.Y.
Answer:
I’ve been writing this column for over seven years, and one of the things I love about it is it keeps me current regarding the state of the industry. Just when I’ve thought I’ve seen it all, a question comes in that I’ve never seen before! This is a great example of new territory.
As often happens with labor laws, state and municipal legislation trumps federal, so the federal standards represent the minimum standard. State or local laws may be stricter. At the federal level, with the exception of safety and protective gear as specified by OSHA, employers can specify that employees furnish their own equipment. For example, it is common in fine-dining restaurants to expect cooks to come to work with their own knife kit. In most states, requiring that employees bring essential equipment is fine, provided that the expectation is made clear during hiring (often in the employee handbook or a separate agreement at onboarding), and the expense of the equipment does not cause the employee to fall below minimum wage.
That said, the requirement almost always applies to employees’ essential gear—nonskid shoes, chefs’ knives or wine openers for servers, for example. I have never heard of an employee being required to bring her own vacuum! Apart from being an unreasonable cost for the employee to bear, it seems tangential to the job of serving and more than a little inconvenient to cart around. Further, part of your frustration comes from using the wrong tool for the job—a low-cost residential vacuum designed for occasional use is not suitable for commercial use in a heavily trafficked restaurant, where janitorial-grade equipment is required.
From an owner’s perspective, I understand the need to control costs, but there’s a reason “BYOV” has never been included on a job posting. My advice is to have a frank conversation with your employer and, barring that, move on to a workplace that supplies the primary tools you need to do your job. I think the employee frustration and turnover would far outweigh the equipment savings for the employer.
As always, check with your attorney and local restaurant association to make sure you are compliant with the applicable laws in your area. More on employee-supplied equipment here.