2nd Circuit reverses labor board ruling against Starbucks union dress-code policy

  • 2nd Circuit overturns the labor board’s ruling against Starbucks’ Manhattan store dress-code restrictions.
  • 23,000-square-foot Meatpacking District store workers could wear only selected shirts and pins supporting approved causes.
  • Starbucks workers unionized there in 2022, followed by union votes at 700 other U.S. stores.

A U.S. appeals court has overturned a National Labor Relations Board ruling that Starbucks violated labor law by restricting union-supporting shirts and multiple pins at its flagship Manhattan store. The 2nd U.S. Circuit Court of Appeals said the labor board did not adequately weigh employees’ rights to support unionizing against Starbucks’ interest in maintaining its preferred customer-facing image. The decision is the latest appeals court ruling to reject the board’s approach to workplace dress codes, following decisions involving Home Depot and Tesla. The court sent the case back to the board for a more balanced analysis.

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