Dress Codes, Uniforms, and Pay: What Starbucks’ Lawsuit Reveals
Understanding when employers must pay for dress code clothing, uniforms, and related expenses under federal and state wage-and-hour laws.
Employers regularly set dress standards: black shirts, khaki pants, business suits, safety boots, or branded uniforms. The key legal question is simple but important: when does an employer have to pay for the clothing it requires? That question is at the center of lawsuits brought by Starbucks workers challenging the company’s updated dress code and its refusal to reimburse employees who bought new clothes to comply.
This article uses the Starbucks dress code dispute as a springboard to explain the law on uniforms and dress codes. You will learn how federal wage-and-hour rules work, how state laws can be more protective, and what practical steps both workers and employers can take when dress requirements start to feel like out-of-pocket costs.
From Coffee Bar to Courtroom: Why Starbucks’ Dress Code Is Being Challenged
In 2025, Starbucks introduced a more standardized dress code for baristas and other store employees. Under the updated rules, workers must wear solid black tops, paired with khaki, blue, or black denim bottoms, all under the familiar green apron. The code also restricts certain visible body art and facial piercings, and sets guidelines for footwear and overall appearance.
Employees in several states responded by filing class-action lawsuits and administrative complaints, alleging that Starbucks violated state laws by:
- Requiring employees to purchase specific clothing to meet the new dress code.
- Refusing to reimburse workers for those costs.
- Imposing expenses that primarily benefit the employer, not the employees themselves.
In Colorado and Illinois, workers filed suit in state court, and in California they submitted complaints to the state Labor agency. The legal theory is that where state law obligates employers to cover certain work-related expenses, a prescriptive dress code can cross the line from “ordinary clothing” into an employer-imposed cost.
Dress Code vs. Uniform: Why the Label Matters
Legally, there is a crucial distinction between a dress code and a uniform:
| Concept | Typical Characteristics | Common Legal Treatment |
|---|---|---|
| Dress code | General guidance on appearance (e.g., dark jeans, plain shirts, business casual) with no unique branding or specialized design. | Often treated as ordinary street clothing; employers typically do not have to pay unless state law says otherwise. |
| Uniform | Distinctive, employer-specific attire (e.g., logo shirts, specific colors or styles easily identifying the employer). | May trigger reimbursement or employer payment obligations, especially if required and not ordinary street wear. |
In the Starbucks case, workers argue that the company’s detailed clothing requirements function more like a uniform, at least in practice, because they are narrow and specifically chosen for the brand’s image. Starbucks can counter that black shirts and standard denim are common clothing items most people already own, and therefore do not require reimbursement.
Key Factors Courts Consider
When deciding whether clothing counts as a reimbursable “uniform” rather than ordinary attire, courts and regulators tend to look at:
- Distinctiveness: Is the clothing uniquely associated with the employer?
- Branding: Does it carry logos, specific colors, or patterns that identify the company?
- Availability: Can workers reasonably wear the clothing outside work as normal street clothes?
- Cost and burden: Does buying and maintaining the clothing impose significant expenses on lower-wage workers?
If, for example, a coffee chain required branded shirts with a logo, that would be more likely to be treated as a uniform and trigger reimbursement obligations under many state rules.
Federal Law: What the Fair Labor Standards Act Says
At the national level, the main law governing wages and hours is the Fair Labor Standards Act (FLSA), enforced by the U.S. Department of Labor.[10] The FLSA does not flatly prohibit employers from asking employees to pay for uniforms or certain tools; instead, it focuses on whether those costs drive wages below minimum standards.
Uniform Costs and Minimum Wage
Under federal law, employers may not deduct the cost of uniforms or equipment if doing so would lower an employee’s effective pay below the federal minimum wage or cut into required overtime premiums.[10] In practical terms, that means:
- If uniform or dress code purchases reduce weekly earnings below minimum wage, the employer generally must cover those costs.
- Even if the employee’s base wage is above minimum wage, large mandatory clothing expenses can raise legal concerns, especially if they impact overtime pay.
The FLSA framework is protective but relatively narrow. It does not require reimbursement for all work-related clothing expenses; it only bars employers from shifting those costs onto employees when doing so would undercut minimum wage or overtime obligations.[10]
State Laws: Often More Protective Than Federal Rules
Starbucks workers are relying heavily on state law, which can impose stricter requirements than federal law. Several states require employers to pay for uniforms or reimburse certain dress code expenses when the clothing primarily benefits the employer.
California: Strong Protections for Uniforms
California’s Labor Code and wage orders provide a good example of robust state-level protection. If an employer requires a distinctive uniform, California generally obligates the employer to provide it at no cost and, in some circumstances, to cover maintenance expenses such as dry cleaning.[10] The state distinguishes between:
- Uniforms: Specifically required attire that is distinctive in style, color, or design.
- Ordinary street clothing: General business attire or common clothing that employees can wear outside work.
Workers bringing claims in California argue that Starbucks’ standardized dress requirements effectively function as uniforms and that employees should not bear those costs, particularly when they earn relatively modest wages.[10]
New York: Uniform Costs and Maintenance
New York law similarly addresses uniform costs and maintenance, especially for workers covered by state wage orders. Employers may have to reimburse employees for both:
- Initial cost of required uniforms.
- Ongoing cleaning and maintenance costs, if the items are not simple “wash and wear.”
Again, ordinary clothing typically used outside work is treated differently from distinctive uniforms. A logo-branded shirt, for instance, is more likely to be considered a uniform than plain black pants that could be worn anywhere.
Colorado and Illinois: Reimbursable Business Expenses
The lawsuits against Starbucks in Colorado and Illinois rely on state rules that require employers to cover certain work expenses or bar them from shifting costs onto employees without consent. The employees argue that:
- The dress code clothing expenses primarily benefit Starbucks, not the workers themselves.
- State law should treat those expenses as reimbursable business costs rather than personal clothing purchases.
These claims highlight how state statutes can give workers leverage beyond the baseline protections of federal law.
When Must Employers Pay for Dress Code Clothing?
Putting federal and state rules together, several general principles emerge. While exact outcomes depend on jurisdiction and specific facts, employers are more likely to owe payment or reimbursement when:
- The clothing is a distinctive uniform rather than ordinary attire.
- Costs would reduce the worker’s pay below the applicable minimum wage or affect overtime calculations.[10]
- State law explicitly requires reimbursement of expenses that primarily benefit the employer, including uniforms.
- The uniform requires special maintenance such as dry cleaning, beyond simple home washing.[10]
By contrast, employers are less likely to be legally obligated to pay when the dress code simply requires clothing that most employees already own, such as plain black slacks or non-branded shirts, and those costs do not push wages below lawful thresholds.
Practical Guidance for Employees
If you are a worker facing new or stricter clothing requirements, there are practical steps you can take to protect your rights and make informed decisions.
Questions to Ask When a New Dress Code Appears
- Is this clothing distinctive or branded, or is it generic street wear?
- Will I need to buy new items, or can I reasonably comply with what I already own?
- Does my state have laws requiring reimbursement for uniforms or business expenses?
- Will these costs significantly affect my take-home pay?
- Has my employer addressed reimbursement or offered company-provided clothing?
Documenting conversations and keeping receipts for clothing purchases can be important if you later bring a complaint or speak with an attorney.
How to Raise Concerns
Employees who believe they are unfairly bearing dress code costs can:
- Review employee handbooks and written policies regarding uniforms and reimbursements.
- Ask human resources or management about reimbursement options or company-provided attire.
- Contact their state labor agency to learn about local rules and complaint procedures.[10]
- Consult an employment lawyer, especially if significant costs are involved or multiple coworkers are affected.
Workers in low-wage sectors such as retail and food service may be particularly vulnerable when required clothing is expensive or needs specialized maintenance.
Practical Guidance for Employers
For employers, the Starbucks dispute underscores that dress codes are not just branding choices; they are legal and financial decisions. To reduce risk and promote fairness, employers should take a structured approach.
Designing Legally Sound Dress Codes
When creating or revising dress requirements, employers should:
- Evaluate distinctiveness: Decide whether the clothing will be treated as ordinary attire or a uniform.
- Consider wage levels: Avoid imposing costs that could push lower-wage workers below minimum wage.[10]
- Check state law: Review local statutes and regulations regarding uniform reimbursement and employee expenses.[10]
- Communicate clearly: Provide written policies explaining whether clothing is provided, reimbursed, or expected to be purchased by employees.
Employers may also choose to provide stipends, company-branded shirts, or allowances to avoid disputes and improve employee morale.
Managing Uniform Maintenance and Replacement
Where uniforms are involved, employers should plan for:
- Routine replacement of worn-out items.
- Cleaning or maintenance allowances when required by law or policy.[10]
- Clarifying whether employees may wear uniforms outside work and under what conditions.
Transparent practices can help avoid allegations of unlawful wage deductions or unpaid business expenses.
Frequently Asked Questions (FAQs)
1. Is it legal for my employer to enforce a dress code?
Yes. In general, employers are allowed to set dress codes and appearance standards, as long as they comply with anti-discrimination laws and other legal requirements. The main issue is whether they must pay for or reimburse the clothing and related costs under federal or state wage laws.[10]
2. When does a dress code become a “uniform” that the employer must pay for?
A dress code is more likely to be considered a uniform when the required clothing is distinctive, branded, or uniquely associated with the employer and cannot reasonably be worn as ordinary street clothes. Many state laws and regulations treat such distinctive attire as a uniform that the employer must provide or pay for.[10]
3. Do federal laws always require my employer to reimburse uniform costs?
No. Under the Fair Labor Standards Act, the key question is whether uniform or dress code expenses reduce your pay below minimum wage or affect overtime calculations. If they do, the employer generally must cover those costs. Otherwise, reimbursement may depend on state law or company policy.[10]
4. What if my uniform needs dry cleaning or special care?
Several states, including California and New York, may require employers to cover or reimburse the cost of maintaining uniforms that are not simple “wash and wear.” If a uniform needs special cleaning, you may be entitled to reimbursement for those expenses.[10]
5. How does the Starbucks lawsuit affect workers in other companies?
While the outcome will primarily determine Starbucks’ obligations under the laws of the states involved, it also serves as a visible example of how workers can challenge dress code policies they believe are unlawful. The case highlights the importance of understanding state wage-and-hour laws and the distinction between ordinary clothing and uniforms.
Key Takeaways for Workers and Employers
The Starbucks dress code lawsuits make one thing clear: seemingly small decisions about shirts, jeans, and aprons can have significant legal and financial consequences. Whether you are an employee buying new clothes to meet workplace standards or an employer designing a polished brand image, it is essential to recognize when dress requirements cross the line into reimbursable business expenses.
- Employees should understand their rights under federal and state law, especially minimum wage, overtime, and uniform rules.
- Employers should anticipate the costs and legal obligations that can accompany stricter or more distinctive dress codes.
- Both sides benefit from clear communication, written policies, and attention to how clothing requirements affect real-world wages and budgets.
As the Starbucks litigation moves forward, courts and regulators will continue to refine how dress codes fit into broader wage and hour protections. In the meantime, the underlying principles remain the same: workers must be paid lawfully for their labor, and employers must bear the costs of business decisions that primarily serve the company’s interests.
References
- Starbucks workers sue over dress code — The Hill. 2025-10-09. https://thehill.com/regulation/court-battles/5510057-starbucks-dress-code-lawsuit/
- Starbucks workers sue over company’s new dress code’s costs to them — CBS News. 2025-10-09. https://www.cbsnews.com/news/starbucks-workers-sue-costs-companys-new-dress-code/
- Starbucks Dress Code Lawsuit: Does Your Employer Have to Pay for Dress Code Clothing? — FindLaw. 2025-10-11. https://www.findlaw.com/legalblogs/law-and-life/starbucks-dress-code-lawsuit-does-your-employer-have-to-pay-for-dress-code-clothing/
- Starbucks workers sue over company’s new dress code — KCRA / Hearst Television. 2025-10-09. https://www.kcra.com/article/starbucks-workers-sue-over-companys-new-dress-code/67950121
- Fair Labor Standards Act (FLSA) Overview — U.S. Department of Labor. 2023-06-01. https://www.dol.gov/agencies/whd/flsa
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