I'm covering a judge's $100 million ruling against the coffee chain at Point of Law.
Starbucks barista tip pool
Categories:
12 Comments
Leave a comment
Recent Comments
- Melddrick Aguilar on Starbucks barista tip pool: Most of my family works at sta
- Mike W on Starbucks barista tip pool: I am a Barista at Starbucks.
- gitarcarver on Starbucks barista tip pool: My understanding, not being an
- Richard Nieporent on Starbucks barista tip pool: As to whether or not Starbucks
- TC on Starbucks barista tip pool: All that money being divied up
- nevins on Starbucks barista tip pool: 120,000 baristas in the state
- rj on Starbucks barista tip pool: Just to correct my post above,
- RJ on Starbucks barista tip pool: My understanding, not being an
- Sean on Starbucks barista tip pool: This sort of lawsuit makes me
- OBQuiet on Starbucks barista tip pool: perhaps Starbucks should just
Recent Entries
- Californian vexatious-litigant roundup
- "Lawsuit: Veterans Affairs has failed to prevent suicides"
- Update: Diet Coke sweetener class actions
- Ohio AG office harassment scandal
- "The unlucky troll"
- Southwest Airlines missed-inspection suit, cont'd
- Further thoughts on pirates' rights
- "$982 An Hour for Fen-Phen Plaintiffs' Lawyers"
- U.K.: "Inmates win 'cold turkey' payout"
- Welcome KTRH listeners
Categories
- About the site (521)
- Arbitration (18)
- Australia (80)
- Autos (142)
- Bad Medicine (133)
- Bad Medicine II (231)
- Canada (82)
- Chasing clients (122)
- Class Actions (310)
- Class Actions II (36)
- Crime and Punishment (336)
- Disabled Rights (145)
- Eat Drink and Be Merry (268)
- Environment (212)
- Ethics (319)
- Family Law (142)
- Fear of Flirting (112)
- Frenzied Skies (78)
- Guns (102)
- Law schools (13)
- Loser Pays (75)
- Media (450)
- Misc. (511)
- Personal Responsibility (274)
- Politics (320)
- Politics II (38)
- Procedure (98)
- Product (221)
- Roundups (171)
- Scandals (73)
- Schools (214)
- Sports (159)
- Tech (257)
- Tobacco (124)
- UK (202)
- Work (243)
General links
Point Of Law (related blog)
Liability reform sites
Manhattan Institute Center for Legal Policy
Trial Lawyers Inc. (Manh. Inst.)
AEI Legal Center
Common Good (Philip K. Howard)
WSJ/OJ Federation of Sites
Althouse
Armavirumque
Arts & Letters Daily
Coyote
Dealbreaker
Kaus
KevinMD
Malkin
MargRev
McArdle
Miller
NAM "Shop Floor"
NR Corner
Open Market (CEI)
Postrel
Reason "Hit and Run"
Reynolds
Romenesko / ObscSt
Salmon
Sullivan
Taylor
Teachout
Volokh
Above the Law
Bainbridge
Beck and Herrmann
Beldar
Employers' Lawyer
George's Emplt
Greenfield
Kirkendall
Legal Blog Watch
Likeli of Conf
Liptak
Parloff
Point of Law
Reed
Ribstein
RiskProf
Schwartz
Scruggs scandals: Folo, Rossmiller, YallPolitics
10b-5 Daily
TortsProf
Turkewitz
WSJ law blog
Who's
linked us? / lately?

My nephew-in-law (who works as a barista at another chain other than Starbucks) says that shift supervisors are required to fill in for barista's on break or otherwise unavailable and routinely directly service customers. So doesn't this ruling take away their rightfully earned tips from those customers?
Yes, this ruling is baffling (and seemingly wrongheaded). Further explanation would be welcome.
perhaps Starbucks should just prohibit tipping in its CA stores. Allow customers to donate to a fund for treating Caffeine addiction instead
This sort of lawsuit makes me feel like a chump for leaving tips at coffee shops in the first place.
My understanding, not being an employment law lawyer, is that management cannot share in tips left for employees under CA state law. There may a basis if the tips are intended to hourly employees and the management is salaried.
Keep in mind that, based upon my reading of the news stories, is that the verdict DOES NOT include any punitive damages and is solely compensatory damages based upon the factual evidence at trial that the portion taken by management was $1+ per employee.
On a personal note, I have appeared before Judge Cowett on a number of occasions. She is a very thoughtful and analytical judge. Although Starbucks might hate to see themselves held liable for such a high damage award, it isn't because of a rogue judge. Or that Starbucks wasn't well represented (Akin Gump).
Just to correct my post above, the hourly tips taken per employer PER HOUR were $1+. With 120,000 class members, this obviously adds up. I've heard that the testimony was that the tips lost per employee averaged more than $1,000.
120,000 baristas in the state of california alone? It's just staggering to think that the economy is so flush with money as to support that many people who do nothing more than serve coffee, a job even a chimp could do.
All that money being divied up, I wonder how much the Attorneys get off the top!
50-60 Mill? Plus expenses, the employees will get a coupon for a cup of coffee at Bucks!
As to whether or not Starbucks violated California law, I haven’t the faintest idea. However, there wouldn’t have been a tip problem if it were up to me. Why in the world would you tip someone for handing you a cup of coffee? It is not as if they provided you with any service. You don’t tip the counter people at fast food restaurants like McDonalds now do you? Isn’t Starbucks’ coffee already overpriced enough? Some people just don’t know what to do with their money.
My understanding, not being an employment law lawyer, is that management cannot share in tips left for employees under CA state law. There may a basis if the tips are intended to hourly employees and the management is salaried.
The "shift supervisors" at Starbucks are hourly workers. The question that I have is "what defines a 'supervisor?'"
These shift supervisors could not hire, terminate, or discipline an employee. They worked the counter just as a "regular" employee did. Their responsibilities were to look out for the store when management was not around. If they are looking after the store when the management was not there, are they then, by exclusion, not "management?"
I am a Barista at Starbucks. The comment about the judge is interesting. I wonder if she (as managemnt in the courts system) would clean the the toilets and mop the floors as the "shift superviosrs" at Starbucks that she just dumped on do?
Most of my family works at starbucks and their a fair company with great benefits and as a son of a shift supervisor I say that it is fair for shifts to get tips because the work the same as regular baristas plus they work a lot harder on what the do by being responsible My Name is Melddrk Aguilar 17,current Barista in Florida.