Tool Allowances & Paying for Your Own Tools

Many trades expect workers to bring their own hand tools, and tools can cost thousands of dollars. Whether your employer has to pay or reimburse you depends on federal wage law, your state law, your contract and your agreement. Know the rules before you buy, and before anything is taken from your pay.

The federal rule: minimum wage and overtime

The Fair Labor Standards Act (FLSA) requires that covered workers receive minimum wage and overtime “free and clear.” Under Labor Department rules (29 CFR 531.35), an employer can’t make workers pay for tools or equipment that are primarily for the employer’s benefit if that brings their pay below the minimum wage, or cuts into overtime they’ve earned.

State laws

Some states go further. For example, California requires employers to reimburse employees for necessary work expenses, which can include tools they require. Other states restrict deductions from pay, or require written permission. Many states have no tool reimbursement law at all. Check your state labor department and see State Labor Law Table.

Typical arrangements

Safety and tools

Deductions and lost tools

Tools stolen from a jobsite are often not covered by the employer. Homeowner or renter insurance may not cover tools used for work, but you can buy a tool floater or inland marine policy. See Wage Theft if money is taken unlawfully.

Taxes

Since 2018, most employees can no longer deduct unreimbursed work expenses on their federal tax return. Some workers, like certain armed forces reservists and some performing artists, can. If you’re an independent contractor, tool costs are usually deductible business expenses. Ask a tax professional.

If something seems wrong

Contact your state labor department or the U.S. Department of Labor Wage and Hour Division (1-866-487-9243). See Where to Get Help and Minimum Wage.

Standards & references

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