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Representative image · Photo: cloudfront-us-east-2.images.arcpublishing.com

US Court Overturns Labor Board Ruling on Starbucks Union Dress Code

A US appeals court reversed an NLRB decision that Starbucks violated labor law by restricting union pins and shirts at a flagship NYC store.

A US federal appeals court has overturned a labor board ruling that accused Starbucks of violating workers' rights by restricting union-related clothing at a flagship Manhattan store. The decision, issued by the New York-based 2nd US Circuit Court of Appeals, found that the National Labor Relations Board (NLRB) failed to properly weigh the company's interest in maintaining its public image against employees' rights to promote unionization.

The case centered on the large Starbucks location in Manhattan's Meatpacking District, which features a roastery, multiple bars, and a bakery. Unlike standard stores, workers there wear brown aprons and muted-colored collared shirts or turtlenecks. They are permitted to wear a limited set of pre-approved pins and shirts supporting causes such as military veterans, Black Lives Matter, Hispanic Heritage Month, and World AIDS Day.

The store became one of the first Starbucks locations to unionize in 2022. The NLRB ruled in 2024 that the company had interfered with workers' rights by banning union shirts and multiple pins before the unionization vote, stating that Starbucks failed to justify the restrictions.

The appeals court disagreed, stating that the board's legal test rendered many common dress codes unlawful and did not adequately consider legitimate employer interests like safety and brand presentation. The court sent the case back to the NLRB to apply a more balanced standard.

This ruling follows similar decisions from other federal courts. A St. Louis-based court last year upheld Home Depot's right to bar employees from writing "Black Lives Matter" on their aprons. In 2023, another court ruled that Tesla could prohibit union t-shirts at its California factory.

The NLRB, which had a Democratic majority when it first decided the case, now has a Republican majority appointed by President Donald Trump.