Like The Herald Business Journal on Facebook!
The Herald of Everett, Washington
Customer service  |  Subscribe   |   Log in or sign up   |   Advertising information   |   Contact us
Heraldnet.com

The top local business stories in your email

Contact Us:

Josh O'Connor
Publisher
Phone: 425-339-3007
joconnor@heraldnet.com

Maureen Bozlinski
General Sales Manager
Phone: 425-339-3445
Fax: 425-339-3049
mbozlinksi@heraldnet.com

Jim Davis
Editor
Phone: 425-339-3097
jdavis@heraldnet.com

Site address:
1800 41st Street, S-300,
Everett, WA 98203

Mailing address:
P.O. Box 930
Everett, WA 98206

HBJ RSS feeds

Starbucks baristas must share tips

SHARE: facebook Twitter icon Linkedin icon Google+ icon Email icon |  PRINTER-FRIENDLY  |  COMMENTS
Associated Press
Published:
ALBANY, N.Y. — Starbucks baristas must share their tips with shift supervisors, but assistant managers are left out in the cold, New York's highest court ruled Wednesday.
The Court of Appeals found that shift supervisors do much of the same work as the coffee servers and therefore get to share in the tips. The court also ruled that the company can deny those tips to assistant managers.
The ruling, responding to two lawsuits, backed Starbucks' policy of divvying up the tips, saying it's consistent with labor law.
Hospitality industry groups say the state court decision will likely affect policies at similar restaurants and coffee houses and will affect 42,000 New York businesses statewide and a quarter-million hospitality industry workers in New York City alone.
"We're pleased our customers should have the option to reward our partners for providing great service and we're pleased the New York Court of Appeals agreed our tipping policy is fair and appropriate under New York state law," said Jaime Riley, company spokeswoman.
Starbucks baristas are part-time workers who serve customers and share tips weekly based on hours worked. They can be promoted after six months to shift supervisors.
Shift supervisors are also part-time wage workers who mostly serve customers but also assign baristas, provide input on their performance and direct the flow of customers.
Assistant managers are full time, get some benefits such as paid holidays and vacations, and are eligible for bonuses.
Attorney Adam Klein argued assistant managers spend most of their time serving customers and should get a share of the tip jar. Klein said his clients don't have the power to hire and fire, which means they aren't "company agents" under labor law.
"Employees who regularly provide direct service to patrons remain tip-pool eligible even if they exercise a limited degree of supervisory responsibility," stated Judge Victoria Graffeo in writing the majority decision. "But an employee granted meaningful authority or control over subordinates can no longer be considered similar to waiters and busboys ... and, consequently, is not eligible to participate in a tip pool."
The state court didn't issue a final decision but instead issued an advisory opinion to a federal court handling the cases. The federal court had previously asked for the state court's view.
Seattle-based Starbucks Corp. has nearly 18,000 retail stores in 60 countries. In April, it reported $3.6 billion in quarterly revenues.
Starbucks had 413 company-owned stores in New York at the end of its last fiscal year. Company spokesman Zack Hutson said the tip policy is applied consistently across the U.S. but not globally because laws differ in other countries.
Story tags » LawsSeattleStarbucks

MORE HBJ HEADLINES

CALENDAR

Share your comments: Log in using your HeraldNet account or your Facebook, Twitter or Disqus profile. Comments that violate the rules are subject to removal. Please see our terms of use. Please note that you must verify your email address for your comments to appear.

You are logged in using your HeraldNet ID. Click here to update your profile. | Log out.

Our new comment system is not supported in IE 7. Please upgrade your browser here.

comments powered by Disqus

Market roundup