Starbucks workers sue over dress code, alleging unreimbursed costs as union drive intensifies

Starbucks workers in Illinois and Colorado filed class-action lawsuits on Wednesday alleging the company’s new dress code violates state law by imposing work-related costs without reimbursement. The suits, filed in state courts, are backed by Starbucks Workers United, the union active in the company’s store-level organizing drive. Separately, workers filed complaints with California’s Labor and Workforce Development Agency. If the California agency decides not to seek penalties, the workers plan to file a class-action in that state, according to the complaints.

Starbucks’ dress code went into effect May 12 and requires all North American partners to wear a solid black shirt with a green apron. Shirts may or may not have collars but must cover the midriff and armpits. Trousers must be khaki, black or blue denim without patterns or frayed hems, or solid black dresses not more than four inches above the knee. Shoes must be waterproof and come in black, gray, dark blue, brown, tan or white; socks and hosiery must be subdued. The policy prohibits face tattoos and more than one facial piercing, and bans tongue piercings and theatrical makeup. The company said the change was intended to give staff a clearer, more consistent customer experience and to help customers recognize partners. It noted that two shirts were provided at no cost as part of the rollout. Starbucks also noted that in 2016 it relaxed the dress code to allow patterned shirts and more self-expression, and said the new rules are a shift back toward uniform appearance.

Concerns about costs are at the heart of the suits. Brooke Allen, a full-time student who works at a Starbucks in Davis, California, said a manager told her in July that her Crocs did not meet the new standards and that she would need to wear different shoes. She ended up buying a compliant pair after visiting three stores, spending $60.09. Allen has also spent about $86.95 on additional clothing for work, including black shirts and jeans, she said. “I think it’s extremely tone-deaf on the company’s part to expect their employees to completely redesign their wardrobe without any compensation,” Allen said. “A lot of us are already living paycheck to paycheck.” She said she misses the old dress code, which allowed colorful shirts and multiple facial piercings.

The lawsuits allege the dress code violates state laws requiring employers to reimburse workers for expenses that primarily benefit the employer. Colorado law also prohibits employers from imposing such expenses without the worker’s written consent, according to the complaints. The plaintiffs seek damages on behalf of all Starbucks workers in the states involved, whether or not their stores are unionized. Several plaintiffs said they requested reimbursement for items and were denied, including a case in which a Colorado employee sought funds to remove a nose piercing, which cost $10.

Industry observers say the suits mark a shift in how the union pursues representation at Starbucks as it faces a protracted organizing drive. Starbucks Workers United has filed hundreds of unfair labor practice charges with the National Labor Relations Board over the years. The group filed a charge over the dress code in April, but the NLRB’s ability to issue rulings has been impeded by leadership changes; after President Donald Trump fired an NLRB member earlier this year, the board has struggled to reach quorum in several cases.