Back in the day I was a waiter at Bennigan’s. We didn’t have a uniform, just a general dress code of khaki shorts or pants and some sort of collared shirt. Beyond that we had to have “pieces of flair” much like Jennifer Aniston had to wear in “Office Space.” Most of the items I had to wear could be found in my closet already and I didn’t have to make any special purchases. Even the pins/buttons, I had or got from other staff.
Some employers are like this. Others require you to wear a specific uniform. It could be company branded clothing with their logo on it. It could be a specific color you have to wear or items you can’t wear like nose rings. And in some cases uniforms are designed for safety or require personal protective equipment (PPE). They have a right to dictate what you wear at work. What they can not do in Illinois (and many other states) is make you pay for it.
Under Illinois labor law, your employer can not charge you for uniforms by deducting money from your paycheck unless they get your express agreement in writing. And of course we never recommend that you agree to that.
Starbucks has been sued for an alleged violation of this law in Illinois and other states. They put a new dress code into force in May of 2025 that required all workers to wear a solid black shirt under their green aprons to make the green stand out more. They also required khaki, black or denim bottoms without patterns or solid black dresses that could not be more than four inches above the knee. The dress code prohibits employees from having face tattoos or more than one facial piercing. Tongue piercings and “theatrical makeup” are also prohibited.
Prior to this change, the dress code was more relaxed and individual expression was allowed. Now if you are out of compliance you can not start your shift. They are even requiring specific footwear and banned one worker from wearing Crocs.
Again, they have a right to do this, but if you have to go out and buy a new wardrobe, they have to reimburse you. It might be reasonable to expect you’d have one black shirt in your closet. But if you work six days a week, you shouldn’t have to pay for six shirts out of your pocket.
It would be no different if you worked at a factory and they required steel toed boots. Nobody can expect you to have that and those are expensive. They should provide them for you or reimburse you if you have to get them yourself.
The catch with this law is that a lawyer would only get involved if it is on a class action basis. If you work at a neighborhood bakery and there are ten of you that spent $150 on a uniform, it isn’t enough damages to justify getting an attorney (you could file a complaint with the IL Department of Labor). On the other hand, if you work for an employer that has thousands of employees in multiple locations and they are all facing the same issue, it makes sense for an attorney to get involved.
Labor lawyers who we recommend for these cases all work on a contingency basis. That means that there is no fee to hire them or bring a case. They only get paid if they win the case. You as a lead plaintiff in a lawsuit would receive extra compensation for the time and effort you put in. That amount depends on the case result of course.
Our best advice is to check your company handbook for their policies on these issues and document everything. That includes keeping receipts for anything you have to buy. If comfortable, you can also ask other co-workers if they experienced the same thing.
And if you want a free and confidential consult on whether or not what is happening to you is illegal and what your options are, you can call us any time at 312-346-5320. You will immediately speak with a lawyer who will answer your questions and treat you like a family member or friend.
See also: Can an employee sue their place of work due to unfairness and favoritism?
