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Court to determine who can share Starbucks' tip jar

Starbucks baristas and supporters protest outside a Manhattan

Starbucks baristas and supporters protest outside a Manhattan Starbucks in Manhattan. (Aug. 17, 2009) Credit: Getty Images

ABLANY - Baristas, managers and Starbucks itself put in their two cents Tuesday before New York's highest court in a tip-jar dispute that could have broad consequences for the state's hospitality workers and, ultimately, employees at the coffee chain's thousands of U.S. retail stores.

The arguments pitted low-level workers against assistant managers and the company over who is entitled to the cash tips coffee customers leave when picking up their daily pick-me-up.

A federal appeals court has asked the state Court of Appeals to interpret New York labor law and its definition of an employer's "agent," who is prohibited from tip sharing, in connection with two lawsuits against Starbucks, which allows baristas and shift supervisors -- but not assistant managers -- to dip into the tip jar.

The federal court is seeking answers on two specific questions: What factors determine whether an employee is an agent of the company? Does state law permit an employer to exclude an otherwise eligible tip-earning employee from sharing in such a tip pool?

On one side are hourly-wage baristas who serve customers and share tips weekly based on hours worked. On the other side are salaried assistant managers who want a share of the gratuities. In between are shift supervisors with limited management responsibilities who mainly serve customers, get paid hourly and also share tips.

Lawyer Shannon Liss-Riordan, representing the baristas, said the shift supervisors should also be excluded from the tip jar since they make work assignments and have authority over baristas and therefore qualify as company agents. The supervisors also coordinate breaks and receive higher wages, she said.

Lawyer Adam Klein, representing the assistant managers, said they spend most of their time serving customers and deserve tips. They also lack the authority to hire and fire staff, he said.

Company attorney Rex Heinke defended the existing policy, saying baristas and shift supervisors provide the same customer service while assistant store managers are excluded because they have a different role.

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