The New York Court of Appeals will weigh in on the case of whether or not shift supervisors and assistant managers can benefit from tips according to The Christian Science (CS) Monitor.
The case stems from angered Starbucks baristas who are forced to share weekly tips. Assistant managers and shift supervisors, feel they too should be able to share in the extra cash despite being paid higher wages than baristas.
A federal court is asking for a review of the definition of an agent as defined by the New York Deparment of Labor who is prohibited by law to indulge in any tips left by customers. Zack Hutson, spokesman for Starbucks, has been reported saying the company's policy grants "baristas and shift leaders, who spend more tan 90 percent of their time serving customers, to share equally in the service tips."
The issue with Starbucks policy is that baristas and shift leaders are not the only workers who are held responsible for serving customers. It is a group effort to which Adam Klein, attorney for Starbucks' assistant managers in the case, feel everyone should be compensated for.
"Starbucks has not seriously disputed that its shift supervisors are supervisors," said Shannon Liss-Riodan, acting attorney for Starbucks employee Jeana Nareboim, Jose Ortiz, and others.
According to CS Monitor, it appears Starbucks stands firm on their policy despite legal threats. Starbucks says those who are excluded from tips, specifically assistant manager, are excluded because "they are full-time, salaried and 'rewarded with performance-based bonuses and other benefits not available to their subordinates.'"
