N.Y.'s top court to decide who can tap Starbucks' tip jars

[cbdo2007]

New York's top court will give its two cents into the brewing controversy over Starbucks (SBUX) baristas' tip jars: whether shift supervisors and assistant managers are legally entitled to dip into them.

The Court of Appeals was asked by a federal court to interpret New York's labor law and its definition of an employer's "agent," who is prohibited from tip sharing.

On one side are low-level baristas who serve customers and share tips weekly based on hours worked. On the other side are assistant managers who don't get any gratuities and want some. In between are shift supervisors with limited management responsibilities who serve customers and also share tips.

"The baristas work more on the floor," a Manhattan barista named Erica told CBS Radio in New York. "Yes, managers do interact with customers but it's more the baristas who connect with the customers so they deserve the tips more." "We all should get them, we should equally share them," another barista said.

http://www.cbsnews.com/8301-201_162-57586404/n.y.s-top-court-to-decide-who-can-tap-starbucks-tip-jars/

[hrmjustin]

1. That is funny I just posted this in the NY room at the same time you did here.

lol

[AndyA]

2. When I was a server in high school

we had a tip pool. Everyone who actually took care of customers shared in it. Management did not, nor did those who worked solely in the kitchen. Everyone else, greeters, servers, bus help, set up, etc., all got an equal cut.

The restaurant did very well, and service was always the best in town. Everyone helped everyone else out, and it benefited the customers the most. I helped serve tables that weren't mine, grabbed dirty dishes if I had an empty hand, or whatever, and everyone else did as well. I made great money for a part time high school job.

[cbdo2007]

3. It seems fair that everyone should get a cut...

as long as they are on-site and dealing with the customers or the order itself. Kitchen staff should definitely be included as they are the ones making the food.

[AndyA]

4. The kitchen staff didn't share in the tip pool because they had a separate incentive

Everyone in the kitchen, from the dish washer to the prep cooks and chef shared in a bonus program based on how efficient the kitchen ran.

I don't remember the specifics of that, since I didn't work in that area other than to pick up orders and grab extra plates, glasses, etc., but I think it had something to do with the amount of time it took for orders to go out once they came in, how often food was returned (not hot enough, not what was ordered, etc.), and things like that.

I'm sure management got bonuses as well, probably based on sales. The restaurant manager (not the owner) drove a brand new Lincoln, and the assistant manager had a brand new Porsche, so they made good money.

I learned early on that if employees are paid well to start with, and given incentives to work together, they do--and it benefits the business because that restaurant was always busy, and had lots of regulars who came in several times a week to eat.