Fortune | FORTUNE 09月18日
星巴克员工因新着装规定起诉公司,要求补偿购买新服装的费用
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近期,星巴克员工因公司实施的新着装规定而提起集体诉讼。该规定要求员工穿着统一的黑色上衣和特定颜色的裤子或裙子,并限制了发型、纹身和穿孔等方面的要求。员工们认为,新规定迫使他们花费额外费用购买符合要求的服装,但公司并未提供补偿,违反了相关劳动法规。诉讼指出,新规定对员工的经济造成负担,并剥夺了他们的个人表达空间。星巴克方面则表示,新着装规定是为了提供更一致的客户体验和为员工提供清晰的指导,并已免费发放了工作衬衫。

💰 员工被迫自费购买新工服,引发补偿争议:星巴克的新着装规定要求员工穿着统一的黑色上衣和特定颜色的下装,并对鞋子、袜子等有详细要求。许多员工因不符合规定而不得不花费数拾美元购买新衣物,但公司拒绝补偿,这引发了违反劳动法、要求雇主为员工支付必要工作开销的诉讼。

👗 着装规定收紧,限制个人表达:相较于2016年允许员工穿着更多颜色和图案的衬衫,新规定大幅收紧,要求穿着黑色上衣,并限制了面部纹身和穿孔数量。这使得员工们感到失去了个人表达的空间,并认为公司此举“极其不体谅”。

⚖️ 法律诉讼聚焦员工权益:此次诉讼在伊利诺伊州和科罗拉多州提起,并可能在加州提起。诉讼的核心是星巴克新着装规定是否违反了州法律,特别是关于雇主不得向员工转嫁必要开销,以及在未经书面同意的情况下向员工施加费用的规定。诉讼寻求代表所有受影响的星巴克员工。

🤝 工会支持与策略转变:此次由员工主导的诉讼得到了星巴克工人联合会(Starbucks Workers United)的支持。这标志着在争取星巴克门店工会化的长期努力中,策略上的一次转变,从向国家劳动关系委员会提交指控,转向利用劳动法在州法院提起诉讼。

The employees, who are backed by the union organizing Starbucks’ workers, filed class-action lawsuits in state court in Illinois and Colorado. Workers also filed complaints with California’s Labor and Workforce Development Agency. If the agency decides not to seek penalties against Starbucks, the workers intend to file a class-action lawsuit in California, according to the complaints.

Starbucks didn’t comment directly on the lawsuits Wednesday, but the company said it simplified its dress code to deliver a more consistent experience to customers and give its employees clearer guidance.

“As part of this change, and to ensure out partners were prepared, partners received two shirts at no cost,” the company said Wednesday. Starbucks refers to its employees as “partners.”

Starbucks’ new dress code went into effect on May 12. It requires all workers in North America to wear a solid black shirt with short or long sleeves under their green aprons. Shirts may or may not have collars, but they must cover the midriff and armpits.

Employees must wear khaki, black or blue denim bottoms without patterns or frayed hems or solid black dresses that are not more than 4 inches above the knee. The dress code also requires workers to wear black, gray, dark blue, brown, tan or white shoes made from a waterproof material. Socks and hosiery must be “subdued,” the company said.

The dress code prohibits employees from having face tattoos or more than one facial piercing. Tongue piercings and “theatrical makeup” are also prohibited.

Starbucks said in April that the new dress code would make employees’ green aprons stand out and create a sense of familiarity for customers. It comes as the company is trying to reestablish a warmer, more welcoming experience in its stores.

Before the new dress code went into effect, Starbucks had a relatively lax policy. In 2016, it began allowing employees to wear patterned shirts in a wider variety of colors to give them more opportunities for self-expression.

The old dress code was also loosely enforced, according to the Colorado lawsuit. But under the new dress code, employees who don’t comply aren’t allowed to start their shifts.

Brooke Allen, a full-time student who also works at a Starbucks in Davis, California, said she was told by a manager in July that the Crocs she was wearing didn’t meet the new standards and she would have to wear different shoes if she wanted to work the following day. Allen had to go to three stores to find a compliant pair that cost her $60.09.

Allen has spent an additional $86.95 on clothes for work, including black shirts and jeans.

“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.”

Allen said she misses the old dress code, which allowed her to express herself with colorful shirts and three facial piercings.

“It looks sad now that everyone is wearing black,” she said.

The lawsuits and complaints filed Wednesday allege that Starbucks’ dress code violates state laws that require companies to reimburse workers for expenses that primarily benefit the employer. Colorado law also prohibits employers from imposing expenses on workers without their written consent, according to that lawsuit. The plaintiffs seek damages on behalf of all Starbucks workers in those states, whether or not their stores are unionized.

Multiple plaintiffs, like Allen, said they requested reimbursement from Starbucks to conform to the dress code but were denied. Gilbert Cruz, an employee in Aurora, Illinois, requested $10 for the cost of removing a nose piercing.

Worker-led lawsuits in state courts are a shift in tactics in the multi-year effort to unionize Starbucks’ stores.

Starbucks Workers United, the labor group that has unionized 640 of Starbucks’ 10,000 company-owned U.S. stores, has filed hundreds of unfair labor practice charges against Starbucks with the National Labor Relations Board. The union filed an charge over the dress code in April but it is not a party in the current lawsuits.

But the board’s ability to hear cases has been curtailed under President Donald Trump. Trump fired an NLRB member in the spring, leaving the board without the quorum it needs to decide cases.

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星巴克 着装规定 劳动法 员工权益 诉讼 Starbucks Dress Code Labor Law Employee Rights Lawsuit
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