A new dress code is causing more than just wardrobe changes at Starbucks—it’s fueling protests, legal battles, and serious questions about worker rights.
This week, baristas at over 50 Starbucks locations walked out, voicing frustration over a new company-mandated dress code. What is the sudden change though? Employees must now wear black tops and black, denim, or khaki bottoms—a shift that many say comes at their own expense.
But the issue isn’t just about clothing—it’s about power, policy, and protest.
Why Starbucks Workers Are Protesting a Dress Code
At first glance, it might seem trivial. Why protest the color of your clothes?
But according to Workers United, the union backing these employees, the stakes are much higher. The union has filed an unfair labor practice charge with the National Labor Relations Board (NLRB), arguing that Starbucks unilaterally imposed the dress code—a move they say violates federal labor law.
The legal basis? The Biden-era Tesla, Inc. decision, which held that employers generally can’t change dress codes without negotiation, especially if such changes could limit the display of union-supportive clothing.
In other words, even “neutral” dress code policies can be unlawful if they suppress union messaging—unless the employer can prove “special circumstances.”
Starbucks, the NLRB, and a Looming Legal Showdown
Here’s where it gets more complicated.
Right now, the NLRB is in limbo. President Biden fired NLRB member Gwynne Wilcox, sparking a legal battle that’s landed in the lap of the Supreme Court. With a final decision pending, the Board’s makeup—and its rulings—could shift dramatically.
Translation? The Tesla precedent that workers are leaning on may not survive much longer.
Is This Really About Sales, or Cost-Shifting to Workers– Something else?
Starbucks claims the dress code change is part of a broader effort to boost declining sales—especially in underperforming stores. The company says it wants to create a more “polished” look that makes its iconic green aprons pop.
But critics see something else: low-wage workers being forced to pay out of pocket for new outfits, in some cases with little notice and no support.
Starbucks did promise two black shirts per employee—but not by the dress code’s start date. It also said nothing about pants or skirts, nor did it offer a delay to help workers comply in time.
And here’s a key legal twist: in some states, it’s illegal for employers to require workers to purchase their own uniforms.
Could There Be a Bigger Pattern?
This isn’t an isolated incident. More than 500 Starbucks stores in the U.S. have voted to unionize in recent years. The company is facing numerous lawsuits, including allegations of union-busting, racial discrimination, and wrongful termination.
Given this backdrop, critics say the new dress code feels like yet another attempt to assert control—while shifting costs to employees who may already be struggling to make ends meet.
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Contents of this post are for educational/informational purposes only, are not legal advice, and do not create an attorney-client relationship. Consult with competent employment counsel in the state(s) in which you employ people with your specific questions.
Before choosing an attorney, you should give this matter careful thought. The selection of an attorney is an important decision. If you find this communication to be inaccurate or misleading, you may report it to the Committee on Attorney Advertising Hughes Justice Complex, CN 037, Trenton, NJ
Feeling overwhelmed by the confusing overlap between FMLA, ADA, and Workers’ Comp? You’re not alone—and you’re not stuck.
🎥 Get instant access to my training, now available as a recording: “What You Need to Know About the Overlap Between FMLA, ADA, and Workers’ Comp”
Packed with practical guidance, real-world examples, and 1.5 SHRM recertification credits, this session helps you cut through the confusion and confidently manage employee leave.
Yes, there’s a fee—but the clarity and confidence you’ll walk away with are worth every penny.
👉 [Watch the training now] – and stop second-guessing your leave decisions.
Ready to take a stand for a safer, stronger workplace?
If you’re an employer committed to addressing workplace challenges and building a culture of accountability, let’s talk. Click here to schedule your free 20-minute consultation—and while you’re there, sign up for the mailing list to get expert insights and updates delivered straight to your inbox.
Contents of this post are for educational/informational purposes only, are not legal advice, and do not create an attorney-client relationship. Consult with competent employment counsel in the state(s) in which you employ people with your specific questions.
Before choosing an attorney, you should give this matter careful thought. The selection of an attorney is an important decision. If you find this communication to be inaccurate or misleading, you may report it to the Committee on Attorney Advertising Hughes Justice Complex, CN 037, Trenton, NJ
The Bottom Line: Is a Dress Code — or Fighting over it The Answer?
If the goal is truly to improve customer experience and boost sales, is enforcing a new wardrobe the answer?
Or is this a case where corporate decisions are clashing with worker realities—at the register and in the courtroom?
Your Turn:
Do you think Starbucks is justified in changing the dress code? Should workers have to pay for new uniforms? Is this protest a sign of bigger issues brewing in corporate America?
☕ Drop your thoughts in the comments below.
Feeling overwhelmed by the confusing overlap between FMLA, ADA, and Workers’ Comp? You’re not alone—and you’re not stuck.
🎥 Get instant access to my training, now available as a recording: “What You Need to Know About the Overlap Between FMLA, ADA, and Workers’ Comp”
Packed with practical guidance, real-world examples, and 1.5 SHRM recertification credits, this session helps you cut through the confusion and confidently manage employee leave.
Yes, there’s a fee—but the clarity and confidence you’ll walk away with are worth every penny.
👉 [Watch the training now] – and stop second-guessing your leave decisions.
Ready to take a stand for a safer, stronger workplace?
If you’re an employer committed to addressing workplace challenges and building a culture of accountability, let’s talk. Click here to schedule your free 20-minute consultation—and while you’re there, sign up for the mailing list to get expert insights and updates delivered straight to your inbox.
Contents of this post are for educational/informational purposes only, are not legal advice, and do not create an attorney-client relationship. Consult with competent employment counsel in the state(s) in which you employ people with your specific questions.
Before choosing an attorney, you should give this matter careful thought. The selection of an attorney is an important decision. If you find this communication to be inaccurate or misleading, you may report it to the Committee on Attorney Advertising Hughes Justice Complex, CN 037, Trenton, NJ
