Legal

Judge Offers A Tip To Starbucks - Keep Your Managers' Mitts Out Of The Tip Cup

MayorBob.

Posted to Legal on Sun Mar 23, 2008 at 03:40:22 AM EST (promoted by Acefantastik). RSS.

Should salaried management be splitting tips with their wage slaves?

Tip cups are on the counter of every Starbucks.  Many of us toss spare change into the cup as appreciation to the baristas for jobs well done.  We walk out of the store not really knowing how the tips are distributed nor how much money gets put in those cups.  Figuring out how much money was in those cups and how it got split up was the job of one California Superior Court judge.  For Starbucks, the tip split has become a multi-million dollar headache as the judge told the company they needed to kick in a whole bunch into the tip jars.

The case which began as a single complaint by a San Diego barista in 2004 turned into real money when it was granted class action status in 2006.  That's real money as in (US)$86.7 million plus interest (for a projected total of more than $100 million).  That, in the determination of Judge Patricia Yim Cowett, is how much of the tip money ended up in the pockets of Starbucks shift supervisors between 2000 and 2008.  This decision followed Cowett's decision last month that supervisors are not employees eligible for tip income and that the company was liable for allowing them to share in the tip shares.  Cowett ruled that the company had violated state labor code 351 which states "no employer or agent" was allowed to partake of any tip or gratuity left by a patron.

The monetary payout will go to an estimated 120,000 baristas who constitute the class.  Starbucks spokesperson Valerie O'Neil said the decision is "not only contrary to law, it is fundamentally unfair and beyond all common sense and reason."  O'Neil said that Starbucks supervisors "deserve their fair share" of the tips and the company plans to appeal the ruling.  Plaintiffs attorney David Lowe said that "Starbucks has lots of other ways it can compensate shift supervisors ... but the money has to come from Starbucks, not from the [tip] pool" and that the plaintiffs were not insisting that supervisors had to repay the tip money they collected from the shares.

Fortune's James Ledbetter observes that $100 million represents one quarter of Starbuck's operating profit which means they'll be arguing this in appeals court.  But Ledbetter believes that a company like Starbucks with a self-professed PR problem would be urged to "make this go away."  Public reaction to this case varies.  There are those happy that Starbucks is being made to obey the letter of the law to those who question the letter of the law, in that supervisors are basically "baristas with a little more authority", to concern that this decision will spark other lawsuits against the plethora of other stores which allow their supervisors to dip into the tip cup.  The decision only affects Starbucks in the state of California.

Tags: edited by Ace, written by MayorBob, class action lawsuit, Starbucks, California (all tags)

This story: 43 comments (1 from subqueue)
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8

Re: Judge Offers A Tip To Starbucks

MC Nally.

Mon Mar 24, 2008 at 06:28:42 PM EST

5.00 (astute)

I don't want to seem like Scrooge here, and it's not that I don't believe in tipping for jobs where it's appropriate, but honestly this lawsuit was the first clue I had that tips are a substantial part of employee compensation at Starbucks.  (However, I'm not a coffee drinker, so I rarely visit Starbucks.)

Is it really customary to tip the folks at Starbucks?  If so, should I be tipping the counter staff at McDonalds' (hypothetically -- I don't spend a lot of time at McDonalds' either..) if I order a soft drink there?  Does the answer change if I order something that requires special preparation (e.g. "hold the pickles")?  If the answer is "yes" to tipping at Starbucks, "no" to tipping at McDonalds', what's the difference?  In either case I'm not getting table service -- I'm walking up to a counter and ordering a food product which is handed to me in a disposable container, perhaps after a brief period of custom preparation.  I'm not accustomed to tipping under these conditions.  Should I be?

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Re: Judge Offers A Tip To Starbucks

thefadd.

Wed Mar 26, 2008 at 01:51:56 PM EST

5.00

Correct me if I'm wrong but Starbucks really popularized the tip jar on the counter. I suppose it was always a coffee shop tradition but it wasn't something that you saw everywhere you see now until the 90's and the starbucks explosion. While I suppose it seemed warm and fuzzy to maintain the tradition, Starbucks--large fast food corporation that they are--ought to have had a corporate policy against the tip jar from the outset. I find it odd in the first place that there would be such a formalization of such a relatively informal thing. Personally, I never tip a tip jar even though I regularly tip 20% to waitstaff and cab drivers plus tips to valets and hotel staff.

It is easy to buy small plaster models of what you think life is like.

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Re: Judge Offers A Tip To Starbucks

postillion.

Wed Mar 26, 2008 at 03:19:38 PM EST

5.00 (astute)

True, there were the days before barista tipping.

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My Starbucks Tip

keta.

Tue Mar 25, 2008 at 12:32:39 PM EST

4.00 (astute)

When I order a "small medium roast coffee" and am told it's actually a "stupidpretentiousfuckingsizename" at Starbucks, I give my tip: "Small, medium, and large have always and will always work."

If I feel that wasn't tip enough, I also point out that one should never park next to a fire hydrant.

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Re: My Starbucks Tip

JimmyHavok.

Tue Mar 25, 2008 at 10:32:46 PM EST

5.00 (funny)

The sizes at Starbucks are very easy to remember: large, humongous, and ambidextrous.

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Re: My Starbucks Tip

logan.

Fri Mar 28, 2008 at 07:04:44 PM EST

4.00 (informative, interesting)

Speaking as a former coffee house employee I can say that if you are a regular who doesn't tip the actual caffeine content of your coffee can vary wildly.

At the time I poured coffee for a living I was an angry youth who didn't like my job and I must admit that sometimes I took it out on the customers. I recall one 15-minute chunk of time in particular. A woman rolled up to the drive-through window and started barking out her order, barely taking the phone from her face. First she demanded her large coffee, then asked for cream, then for some ice to be put in the coffee "because we make it too hot to drink". Then she demanded 4 free samples of granita and four free waters for her kids, followed by four decaf mochas, all ordered while shouting into her cell phone about the long car trip she was embarking on. At the end of the transaction her change was a dime, which she pocketed. No tip, no thank you, goodbye. I guess I made a mistake, because I gave her kids caffeinated mochas. Whoops! I got a warm evil feeling in my tummy knowing that she was locked in a car with four over-caffeinated kids who had no tolerance for caffeine's diuretic properties.

In my defense, the next car was another woman with three kids who were going insane. She was polite and direct despite obvious exhaustion and chaos erupting around her. I gave her her coffee and hot chocolate for her kids and threw in a sample pack of Tylenol with a jaunty "Looks like you could use this." She gave me a tired smile and dropped $2 into the tip cup.

15 years later I am a regular at Starbuck's and I always tip. They know me by name at my local and usually start my drink before I even get to the register. I'm there so often they practically yell "Norm!" when I walk in. Since they know me, sometimes they comp me pastries or drinks if I'm having a Biblically bad day. No matter what's happening, I always get a smile and (when time permits) good conversation. For everything bad you can say about Starbuck's, the crew at my local are good people. I would feel like a dick if I took the 35 cents change from my morning fix and socked it away, snubbing the bright and cheery person who was up 4 hours before I was in order to make $5 an hour making sure I have coffee to sip en route to my six-figure job.

Please tip. The tip you give today may go to buy condoms for your daughter's boyfriend.

-=Logan
Research, facts, a Republican needs not these things.

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Re: My Starbucks Tip

keta.

Mon Mar 31, 2008 at 11:08:00 AM EST

5.00 (astute, astute)

Thanks for the chuckle.

I rarely buy coffee (not really my cup of tea, wot?), and when I do it's always just regular coffee.  I feel no compulsion whatsoever to tip someone for pouring coffee from an urn into a takeaway cup, and making change.  

I've always been a good tipper, however, when a tip is warranted.  Pouring me a cup of coffee isn't tip-worthy...nor is selling me a pack of smokes, or any such-like transaction.

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Re: Judge Offers A Tip To Starbucks

joshv.

Mon Mar 24, 2008 at 10:11:43 PM EST

none

Yeah, I've never really gotten the coffee house tipping thing.  Just as a matter of convenience, I used to tip whatever was left over from the $2 I gave them for my coffee, never more than 20 cents - I have enough dimes and nickles in my coin jar already.  But now that even the 16oz costs more than $2, I keep my change.

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Re: Judge Offers A Tip To Starbucks

JimmyHavok.

Mon Mar 24, 2008 at 11:51:52 PM EST

none

If you're a regular, then tipping puts you in the memory bank much more securely.  After all, what a tip says is that you value the service you are getting, based on the formula money = value.  I often have my drink waiting by the time I hit the register because the barista sees me come in, and I give him the high sign that I want my usual.  Everyone in front of me is waiting, and I walk out the door with a smile.  Of course, I also exchange a few pleasant words with whoever is at the register and/or the barista, if it isn't busy, so it's more than just the money.

But if you aren't a regular, continue being a dick.

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Re: Judge Offers A Tip To Starbucks

MC Nally.

Tue Mar 25, 2008 at 01:11:18 AM EST

none

But if you aren't a regular, continue being a dick.
If I'm "a dick" for not realizing that buying a coffee at Starbucks is a tipping-expected situation, then so be it.

Frankly, though, I'm still not convinced that it is.  But I'll definitely pay attention to what the other customers are doing the next time I visit one.

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Re: Judge Offers A Tip To Starbucks

joshv.

Tue Mar 25, 2008 at 05:50:58 AM EST

none

Hey, take it up with the dicks who decided a cup of coffee should cost more than $2.  I am also the kind of dick who doesn't much care for barista chit-chat, even if it gets me my cup of coffee 30 seconds faster.

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Re: Judge Offers A Tip To Starbucks

postillion.

Tue Mar 25, 2008 at 11:13:48 AM EST

none

Hey, take it up with the dicks who decided a cup of coffee should cost more than $2.

Exactly.  

The only place I tip for coffee is my local neighborhood joint because I sit there for hours on end on weekend and use their free wifi.  They also come by and pick up my dishes.

I think some people tip because of a feeling that the baristas should be subsidized by our tip dollars.  However, working in an industry which is notoriously low paying, I have a sinking feeling that their baristas get better than the starting salary in my industry.  I know for a fact that some of Starbuck's managers get paid more than mid-management in my industry. When random strangers start tipping me for the service I do for the public through my industry, I will tip the baristas.  

 

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Re: Judge Offers A Tip To Starbucks

JimmyHavok.

Tue Mar 25, 2008 at 10:31:21 PM EST

none

I tip because I appreciate the effort the workers are making.  Yes, they get paid an hourly wage, but they get that no matter how lousy they are.

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Re: Judge Offers A Tip To Starbucks

postillion.

Wed Mar 26, 2008 at 12:09:02 AM EST

none

Just to clarify, I didn't mean to say anything about why you tip.  I was just generalizing.  So hope you weren't offended.

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1. Smile; 2. Press button; 3. Repeat.

tomc.

Tue Mar 25, 2008 at 02:41:27 PM EST

none

I'm not accustomed to tipping under these conditions.  Should I be?

I suppose it's one thing to consider tipping a barista who provides some interesting banter while he grinds, presses and pulls the coffee himself, but I fail to see the point of tipping someone who simply smiles and presses a button.

24

As a former supervisor at SBUX...

PenitenziAgite.

Tue Mar 25, 2008 at 09:27:36 PM EST

5.00 (informative)

I was responsible for counting and assembling tips.  I did not allocate tips for myself or the other supervisor.  I only adjusted the amounts according to how many hours each regular employee worked.

sierra tango foxtrot uniform

41

Another Foot Falls.

MayorBob.

Thu Mar 27, 2008 at 02:43:14 PM EST

5.00 (informative)

For all of us who thought this case would only affect Starbucks in California, think again.  Somebody filed a class action suit in Massachusetts (pdf doc) disputing supervisory shares from the tip cup.  Apparently the Commonwealth of Massachusetts doesn't have a labor law statute which addresses the situation as neatly as does California.  Reading the complaint it seems the basis for the suit is unjust enrichment of the supervisors and interference with the rights of baristas to receive tips patrons clearly meant to give to them and not the supervisors.

Illegitimi non carborundum.

1

tip ethics

JimmyHavok.

Sun Mar 23, 2008 at 12:44:33 PM EST

none

The question of whether a shift supervisor is just a glorified barista is a difficult one, but it's always been pretty clear to me that owners shouldn't be dipping into the tip jar.  By putting the supervisors into the tip pool, Starbucks was doing just that.  Supervisors need to be paid well enough that they don't depend on tip income.  If Starbucks isn't doing that, they need to rethink their pay  rates.

I used to patronize a coffee shop near the university until I learned that the owners were taking a split of the tips.  That destroyed all the respect I had for them, and their complaints about how hard it was to make a go of business no longer impressed me.

They ended up closing, and a Starbucks does very well just across the street from their old location.

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^ 1

Re: tip ethics

joshv.

Mon Mar 24, 2008 at 09:04:19 AM EST

none

"...but it's always been pretty clear to me that owners shouldn't be dipping into the tip jar.  By putting the supervisors into the tip pool, Starbucks was doing just that."

I am not following the jump from supervisor to owner.  The judge here seems to be making the same leap.

Legally, I there might be some hairs to split in CA, but morally, if the "supervisors" are directly serving customers, then they deserve a share of the tips.

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Re: tip ethics

port1080.

Mon Mar 24, 2008 at 12:09:40 PM EST

none

if the "supervisors" are directly serving customers, then they deserve a share of the tips.

I agree, and I'd even apply that to owners - for example, what about a family owned diner where the husband cooks and the wife & kids wait & bus tables. If I know that it's a family owned establishment, does that mean that I shouldn't tip at all? Or ditto a family owned coffee shop where the owners man the counter for the majority of the day - if the owner is making the coffee and serving it to you, why doesn't that deserve a tip? The only time I would really have a problem is if the owner is just the manager (i.e. doesn't do any front of the house work) or has all hired staff and just shows up at the end of the day to take a portion of the tips as a privilege for working there - that would be unacceptable to me.

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Re: tip ethics

JimmyHavok.

Mon Mar 24, 2008 at 11:45:12 PM EST

4.50 (astute, astute)

Owners get the profit from their enterprise.  They shouldn't be taking money out of the pockets of their employees, any more than their employees should be stealing from the till.

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Re: tip ethics

port1080.

Tue Mar 25, 2008 at 02:28:19 AM EST

none

Owners get the profit from their enterprise. They shouldn't be taking money out of the pockets of their employees, any more than their employees should be stealing from the till. I agree, but I don't think you get it - what I'm saying is, what about the times when the owner is the only person who's doing customer service at that point? There's a coffee shop I go to in town where the owner and his wife basically run the place during the day (with no one else working, just the two of them), and then at night they hire someone else to man the counter. They have a tip jar on the counter all day. Should I tip if I go at night, but not during the day? Should the owner give the daytime times to the night shift workers, even though they never stepped foot in the place during the day? If the owner is the only one who is interacting with the customer I don't see how this is "taking money out of the pockets of their employees" - especially when in many small businesses there are no employees in the first place. Here's another example - my barber owns and operates his own establishment. It's just him - he has no employees. Does that mean I should not tip him for good service? If he hires another person, but continues to cut hair (which is pretty common - usually one guy owns a barber shop and then sort of rents out the other chairs to other barbers who don't have the startup capital), does that mean that I should tip if one of the other barbers cuts my hair, but not if the owner cuts my hair?

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Re: tip ethics

JimmyHavok.

Tue Mar 25, 2008 at 10:27:28 PM EST

none

If the owner is personally tipped by a customer, then that is his money.  If the money goes into a pool, then it isn't, any more than the profits of the enterprise belong to the staff.

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Re: tip ethics

port1080.

Tue Mar 25, 2008 at 10:34:38 PM EST

none

If the owner is personally tipped by a customer, then that is his money. If the money goes into a pool, then it isn't, any more than the profits of the enterprise belong to the staff.

Alright, I can handle that answer. That pretty much makes sense to me - I don't think we're very much in disagreement. If I owned a place where a lot of tipping went on, that's the formula I would use.

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Re: tip ethics

joshv.

Mon Mar 24, 2008 at 01:21:01 PM EST

none

It appears in CA at least owners are barred from dipping into the tip till.  I agree, this seems a bit weird as you can easily imagine situations where the owner is actively serving customers as a waiter, host/hostess, or cook.  In small businesses it's rare that an owner can just sit around and pay somebody else to do all of the work for her.

One wonders if the CA law has an exemption for taxi drivers, as they are often one man corporations.  As the only employee, and owner, are they barred from taking customer tips?

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Re: tip ethics

skeeter1.

Tue Mar 25, 2008 at 08:03:05 PM EST

none

"I agree, this seems a bit weird as you can easily imagine situations where the owner is actively serving customers as a waiter, host/hostess, or cook.  In small businesses it's rare that an owner can just sit around and pay somebody else to do all of the work for her."

Speaking as someone who used to date a waitress, she only made $1.85/hr in regular wages.  Everything else came from tips.  Since there's no interstate commerce involved in a local restaurant, minimum wage laws don't apply.  Meanwhile, the owner's son, who occasionally worked as a manager, was driving a new Corvette and a regular at the nightclubs.  Should he have had a right to the tip jar?  Fuck no.  

I don't care for the "tipping" system of paying, but that's the norm.  Shit service gets 10%, average service, 15%, better service, 20%, and exceptional service (take the time to come over and talk to us), 25%.

I'd be glad to see the whole system go away, but I doubt it's going to happen in my lifetime.  

there's only one way to find out...

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Re: tip ethics

port1080.

Tue Mar 25, 2008 at 08:28:08 PM EST

none

Meanwhile, the owner's son, who occasionally worked as a manager, was driving a new Corvette and a regular at the nightclubs. Should he have had a right to the tip jar? Fuck no.

I don't think you or JimmyHavock are getting what joshv and I are saying. In a case like that I think we would both agree (sorry to speak for you joshv) that the son would not have a right to tips. The question is, if the owner is actually serving customers (which is exactly the Starbucks shift supervisors were doing - they serve customers just as often as anyone else working there), then does he or she deserve to be tipped? Let's say the owner's wife waits tables and gets tipped - should she take that money at the end of the night and give 100% of it to the other waitresses to split among themselves? According to California law, as I understand it from this case, that is what she would be required to do, but that doesn't seem right to me.

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Re: tip ethics

skeeter1.

Tue Mar 25, 2008 at 09:17:02 PM EST

none

"The question is, if the owner is actually serving customers (which is exactly the Starbucks shift supervisors were doing - they serve customers just as often as anyone else working there), then does he or she deserve to be tipped?"

I'll grant you that.  If they're doing all of the work, they probably deserve a share of the tip jar.  It's just that I so seldom see that in the places I frequent.  Who decides when and where the managers get a share of the tip jar?  

there's only one way to find out...

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Re: tip ethics

JimmyHavok.

Tue Mar 25, 2008 at 10:25:17 PM EST

none

Let's say the owner's wife waits tables and gets tipped - should she take that money at the end of the night and give 100% of it to the other waitresses to split among themselves?

The profits of the restaurant come from the efforts of the staff.  Should the owner's wife split the profits with them?

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Re: tip ethics

port1080.

Tue Mar 25, 2008 at 10:32:00 PM EST

none

The profits of the restaurant come from the efforts of the staff. Should the owner's wife split the profits with them?

No they shouldn't, because they're already getting paid for those efforts (particularly if we're talking about a coffee shop, where they're paying at least minimum wage). I'm not talking about the owner collecting all the tips and dividing them up at the end of the day - I'm talking about a situation where the owner is directly waiting on a customer, and the customer directly tips the owner. In that situation, do you think the owner is obligated to refuse the tip, or what? I want to know your answer to that question, and I also want to know if you would tip at an owner operated barber shop. Answer me.

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In fairness to Jimmy.

MayorBob.

Tue Mar 25, 2008 at 10:34:49 PM EST

none

I think he already answered that question downthread:

http://www.treesandthings.com/comments/2008/3/21/143539/916#26

Illegitimi non carborundum.

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Re: In fairness to Jimmy.

port1080.

Tue Mar 25, 2008 at 10:37:11 PM EST

none

yeah, I didn't see that until I had already posted (actually, I think he posted it right about the same time I started writing my reply, so in fairness to me, when I was composing my thoughts he hadn't actually said it, yet).

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Re: In fairness to Jimmy.

MayorBob.

Tue Mar 25, 2008 at 10:39:47 PM EST

none

Almost as soon as I posted my comment I saw your comment pop up.  Great minds, or something like that, I guess.

Illegitimi non carborundum.

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Re: tip ethics

JimmyHavok.

Mon Mar 24, 2008 at 11:44:02 PM EST

none

I am not following the jump from supervisor to owner.  

By mandating that supervisors get a percentage of tips, Starbucks is paying them out of the tip jar.  Starbucks should be paying their supervisors a wage good enough that they don't need the tips, not expecting to get by with paying them $9.75/hr by letting them take a portion of the barista's money.

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Re: tip ethics

joshv.

Tue Mar 25, 2008 at 05:54:12 AM EST

none

By mandating that supervisors get a percentage of tips, Starbucks is paying them out of the tip jar.  Starbucks should be paying their supervisors a wage good enough that they don't need the tips, not expecting to get by with paying them $9.75/hr by letting them take a portion of the barista's money.

The legal question at hand is that "owners and agents" are not allowed to dip into the tip till, at least in CA.  I fail to see how a supervisor, making a little more than a regular barista, and doing essentially the same sort of work, constitutes an "owner".  If you can make this mental leap, perhaps you could share your logic.

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Re: tip ethics

JimmyHavok.

Tue Mar 25, 2008 at 10:29:18 PM EST

none

You forgot half of the formula: "owners and agents."  The supervisors are not owners.

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Re: tip ethics

joshv.

Tue Mar 25, 2008 at 10:48:17 PM EST

none

"You forgot half of the formula: "owners and agents."  The supervisors are not owners."

I don't claim to know the legal definition of an "agent", but I seems that it could be stretched to mean any employee, if it means a hourly supervisor whose job is substantially similar to those he supervises.  From a legal perspective I am sure the judge has his reasons, but from a moral perspective I don't see how a hourly supervisor who does the same job as everyone else, shouldn't be entitled to a fair share of the tips.

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Re: tip ethics

JimmyHavok.

Tue Mar 25, 2008 at 10:53:19 PM EST

5.00 (astute)

The supervisor is supervising (assigning stations), and thus is an agent of the owner.  The owner should pay him enough that he doesn't lose income by not getting a share of the tips, instead of paying him out of the tip jar.

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Re: tip ethics

port1080.

Tue Mar 25, 2008 at 11:18:05 PM EST

4.00 (astute)

The supervisor is supervising (assigning stations)

I think this is probably the best underpinning for the sort of moral argument joshv is asking for. If a supervisor is assigning stations, then he or she has the ability to influence the amount of work done and also (potentially) who will get what as far as the tip allocations are concerned. In such a situation there is an inherent power imbalance, whereby the supervisor could take any number of actions to rig the system so more tips flowed his or her way than to the other workers. It just seems that from a common sense perspective that any person who might have the power to unilaterally influence the allocation of tips probably shouldn't be drawing from that tip pool.

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Job Titles

postillion.

Mon Mar 24, 2008 at 01:12:51 AM EST

none

This is a reaction to the Fortune article on this under the link "make this go away."

I currently work for Sbux as a Assistant Manager, and I have to agree that this lawsuit is ridiculous. Shift supervisors are considered managers, because they run the floor, however they still are on a hourly basis and therefore are non-excempt employees, just like baristas.

And another witty person reacting to the article posted that Starbucks should just change the title of "shift supervisor" so that supervisor is no longer part of their title since that's where Starbucks is in violation of CA labor law.  

I am reminded that at my own company that the person right above me on the corporate ladder is an exempt employee, makes no over-time, makes only 10K more per year than me, and gets only a better title in exchange for a lot more hassle, more meetings and much more stress.

I'd be curious to know how much more shift supervisors make per hour as opposed to the regular baristas, if anyone has that info.

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^ 2

Starbucks pay rates

JimmyHavok.

Mon Mar 24, 2008 at 03:17:26 AM EST

5.00 (informative)

http://www.payscale.com/research/US/Employer=Starbucks_Corp/Hourly_Rate

Supervisors and managers only make a little more than the baristas.  Even the store manager only makes $14/hr...of course, if he's working more than 40 hours, as is typical of lower-level salaried employees, then he could be getting quite a bit more take-home.

http://money.cnn.com/magazines/fortune/bestcompanies/snapshots/1267.html

Says a manager takes home an average of $43,600.  Divided by 14, divided by 52, that's 60 hrs/wk...that's about what they made the managers work when I was doing fast food way back when.  I'm friendly with manager of the Fourbux near work, I'll have to ask her how many hours she has to put in.

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Re: Job Titles

gerrymander.

Mon Mar 24, 2008 at 04:00:18 PM EST

5.00 (interesting)

I am reminded that at my own company that the person right above me on the corporate ladder is an exempt employee, makes no over-time, makes only 10K more per year than me, and gets only a better title in exchange for a lot more hassle, more meetings and much more stress.

I know nothing about how Starbucks structures its management incentives, and I think that's a crucial part of this discussion. The guaranteed 40+ hours is certainly a plus (from a pay standpoint, if not elsewise), but if there are, e.g., bonuses for meeting sales quotas which the typical line worker doesn't see, that's a point to the "exclude them from tips" side. If they get nothing extra, that's another story.

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Re: Judge Offers A Tip To Starbucks - Keep Your Ma

lakaien.

Tue Mar 25, 2008 at 05:07:57 AM EST

none

My wife worked at Starbucks as a shift supervisor for a couple of years, I know that when she was there that title earned her $1.00 more an hour than a regular barista, they essentially have no authority outside of assigning positions for the shift and keeping track of the barista's tills. She was still making drinks, working drive through, doing "spins"(their term for cleaning the store), and doing everything else that the baristas did. She was certainly not guaranteed 40 hours a week, at the time I think you were only required to work 27 in order to maintain your position as a shift. She split tips with everyone but the actual managers and it was never a problem, as a matter of fact it was policy.

If you had a funeral, I'd be there with bells on. - Chris Murphy

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