Starbucks barista in NYC files $5 million tips-sharing lawsuit

They just keep on coming....  Jeana Barenboim filed this lawsuit over shift  supervisors sharing in the tips. One New York City Starbucks barista says: "Part of me feels that they [shift supervisors] should be able to receive part of the tips. But under the language of the law, I feel they shouldn't receive tips." That barista -- the one quoted; not the one suing -- says she's paid $10.03 an hour after three years on the job, while one shift supervisor she works with makes $10.25 an hour after three years with Starbucks. (Read the New York Times story | Associated Press story)

Comments

Get ready to say goodbye to tips altogether

[MusicGal]

*yawn* Come one, webmaster, can't you find something more interesting to post? These are getting rather repetetive...

[STARBUCKS GOSSIP WEBMASTER]

MusicGal -- I know you want this site to read like it was produced by the Starbucks PR department, but I guarantee that every lawsuit will be posted here. That's my job.

[Ben Atkin]

So, she's only suing because it's her moral duty to make sure the law is enforced?

Also, she gives evidence that the difference in pay between baristas and shifts is so small it is almost certainly going to be overturned by tips.

Would we be hearing these stories if shift supervisors were instead called senior baristas? I think not.

What store is Jeana from? Does anybody know?

[MYGIVEADAMNSBUSTED]

Oh great another disgruntled BARISTA in litigation. These BARISTAS and former baristas all need to go to hell. These lawsuits are going to ruin it for the rest of us. The partners that bust their asses oh and I am a shift supervisor by the way are the ones losing out. Funny thing is that this morning two of my FELLOW BARISTAS state that they believe supervisors deserve a portion of the tips as well. In fact, they both stated that they have noticed I bring in more tips than any other partner because of MY customer service. So thank you very much to all you greedy money grubbing litigating BARISTAS. GO TO HELL!

[misscelestia]

This drives me crazy! .22 more an hour with so much more responsibility and some baristas honestly feel that shifts do not deserve tips?! Right.

Sadly, the Baristas will get what they want, no tips for Supervisors.

The cost of that, however will be a class action settlement of maybe a one-time payment of $100 for Baristas, and then the tip jars will be removed. Way to think this one through people.

[Joe B]

The issue here is that there are so many customers at polar opposites of the opinion spectrum. Some will, and I promise you this, *INSIST* we continue to accept tips, while others will be in shock that those little plastic cubes were even there in the first place.

[Bastardized Barista]

MYGIVEADAMNSBUSTED,

How convenient to direct all your anger toward "money grubbing litigating BARISTAS." If Starbucks was not beaking established laws, none of this would be an issue. The fact of the matter, according TO LAW, is that you have no right to the tips. Unfair? Maybe. Unreasonable? Perhaps. Unfortunately, whether you think this is fair or not is completely irrelevant. Starbucks is violating state laws, was too arrogant to settle the original suit and now they're suffering, LEGALLY, the repercussions. If you truly believe "these lawsuits are going to ruin it for the rest of us," why not focus on changing state laws or, better yet, simply organize the SS's to encourage Howard to give you a bump in pay, rather than blowing all this money paying legal fees to litigate losing cases?

[sbuxlifer]

anytime anyone says they want to be a shift to get more money, i'm the first to say that it is not worth it. if i weren't full of stubborn pride i would have stepped down long ago. shifts have no power, no respect, and more stress. if i'm not on the floor helping customers it's because i'm taking out the trash or cleaning the restrooms. it's a priveleged position, let me tell you!

[CS]

I'm with SBUXLIFER, I was promoted during the holiday's and since then my value and love for my job has taken a steady dive. As a shift the pressure is amplified between cash handling, exceeding your customer's expectations every time, making sure your barista's are happy and making sure the next shift coming in isn't going to hate your guts if you didn't have time to make a trash run.

And for what, a few cents more on my paycheck? Thanks but no thanks!

This doesn't make sense. Shifts in NYC start at 10.50.

I would be outraged if my tips were taken away from me every Monday only to be divided between baristas who rarely connect with the customer enough to earn more than excess change. Most shift supervisors were baristas once too and were promoted FOR A REASON. Usually outstanding customer service plays a big part in that promotion.

If something should change that might rule out tipping to be shared between baristas and shifts in my store I'd promptly stop giving the five star customer service we're required to give and start behaving like some of my baristas on the floor. That means no eye contact and scoffing at you when you ask to have your latte steamed at 140.

We would quickly find out how fast the tipping would decline if every shift reacted the same way.

[CS]

I'm with SBUXLIFER, I was promoted during the holiday's and since then my value and love for my job has taken a steady dive. As a shift the pressure is amplified between cash handling, exceeding your customer's expectations every time, making sure your barista's are happy and making sure the next shift coming in isn't going to hate your guts if you didn't have time to make a trash run.

And for what, a few cents more on my paycheck? Thanks but no thanks!

[MYGIVEADAMNSBUSTED]

Hey bastardized barista, the LAW may apply to the state you are in...from what I am aware of...it isnt int he state I am in. And by the way my anger is toward the barista bandwagon. If they do get rid of the tip jars it may be a blessing. The baristas working on the floor wont get a damn cent. As well, the Supervisors who are for the most part the ones who are getting the tips in our store will be handed tips by hand. I guarantee you that will happen. I have had customers within the past week offer to give me a tip in my hand and i didnt accept it. So ya know what Bastardized barista i hope tip jars are removed, ss's are paid more, baristas are paid less. And I will guarantee that if i am personally handed a gratuity I will gladly keep it. And the baristas will wind up with absolutely nothing. I hope you are one of them.

[WaShift]

This country is just too damn Sue Happy!!!

Also, if people want to know something new, I am pretty sure that all Starbucks employees will be getting new Partner Cards with the new old logo with their paychecks tomorrow.

[Bastardized Barista]

MYGIVEADAMNSBUSTED

Let's assume that you're correct and Howard removes the tip jars. My guess is that he'll be dealing with a whole new set of problems, not the least of which would be hiring quality employees, but at least SS's (and Howie and his shills) won't be directing their anger toward those who, BY LAW, are entitled to the tips, rather than directing it toward those who choose to ignore the LAW.

I cannot believe Starbucks would stoop so low as to publicize the home address of the Barista who filed this lawsuit. What is the address of Howie’s $30 million NYC condo?

[Incensed Barista]

“BARISTAS. GO TO HELL!”

Moderator is there any way for you to control the language of Howard or whatever minion he has directed to post for him?? I mean, I know Howie is pissed that Baristas are exercising their legal rights, but damning them to Hell, my, my, my.

[MYGIVEADAMNSBUSTED]

Hello incensed barista I love you. haha!By the way I am not one of howard's minions. I am just a ss who believes the lawsuits have to stop. Otherwise everyone will lose out. So in my eyes the former partners suing...may have the right to sue...but i have the right to tell them to go to hell.

[Incensed Barista]

Minion: “a servile or slavish follower of somebody generally regarded as important.”

As a SS devoted to savaging subordinate baristas rather than protesting Howard’s refusal to pay SSs the hourly wages they deserve, I’d say that you fit the definition of minion perfectly MYGIVEADAMNSBUSTED.

[pulleazzzeee]

Here's a solution: just get rid of all baristas. Staff the stores with shifts and managers. Keep the tip jars and share amongst those that really give a damn.
Pfffttt...

[Bastardized Barista]

To a "T"

[baristagrl]

<>

wanna bet??

If the tip jars disappear, MY anger will be directed at the baristas who filed these silly lawsuits.

And I'm sure I'm not the only one...

[Bastardized Barista]

Here's a solution: just get rid of all baristas. Staff the stores with shifts and managers. Keep the tip jars and share amongst those that really give a damn.
Pfffttt...

Finally, someone with some intelligent ideas. I think you should forward this ingenious plan to Howard. In fact, you should suggest that he simply refer to everyone as "partners (pretty novel concept, don't you think?)" That should ensure no more inequality, no more law breaking, no more issues. No more lawsuits. Problem solved. It's nice to see some rational thinking making its way to this site. Thank you, pulleazzzeee.

[MYGIVEADAMNSBUSTED]

To puleeeeeeaze I so agree with you. Lets get rid of the baristas, especially the incensed and bastardized baristas. :-) And any tips given out thus would be given to a charity of the store's choosing.

[Lamlot]

wow, this is really stupid. i can see sbux just say no to tips

[Rapunzel]

I'm with all you other shift supervisors, I was promoted in September and I often wish I was still a barista. I make SLIGHTLY more money, but with a bigger paycheck, the gov't takes a bigger cut, and I end up with the same amount of money anyway. And I work my ASS off. It can be seriously stressful being the shift on duty sometimes and you have to keep smiling through it all.

I love our customers and that is what brought me to Starbucks. I used to bartend and it reminds me of those days, except without the drunken idiots. Now we just have disgruntled idiots who want their little sliver of the Starbucks pie and who don't care about ruining it for everyone else. The key word in most of these lawsuits is FORMER baristas are suing, and its not to help the current baristas in any way, shape, or form. Now the IRS knows exactly how much all those baristas and shift supervisors in CA have been making off of mostly under the table tips for years, (thanks to a FORMER barista), here comes the back taxes.

I seriously hope the state I work in does not have this law, although I doubt anyone in my store would care if we continued to divy up the tips the same way we always have. We are like a family and it is a great place to work, despite all the recent changes and upheaval. I still love it, and it took reading some of the comments on this website to realize it. I am not working for Starbucks, I am really working for all the wonderful people in the neighborhood where my Starbucks is. The gentleman who brought us homemade cookies this morning and who invites us to his season ticket seats at our local baseball stadium. The lady who stops by every morning with her dog on their walk. The sweet little 4th grader whose comes in before school for a kids hot chocolate. Our regular Americano guy who got a venti cup of milk for two mornings because they forgot to get milk at the store and needed milk for the kids cereal. Sharing in these customers lives makes life fuller for all of us and makes going to work through everything worth it.

Starbucks will survive if we want it to.

I am absolutey disgusted with anyone who has worked for starbucks or is currently working for starbucks who is supporting these lawsuits.

Come on people, lets get real ok? Shift Supervisors have been, and always will be, baristas. So to call them "managers" or "supervisors" really doesnt do them justice.

I am leaving my well paying job in corporate HR for a major bank to go back to Starbucks full time as a Shift Supervisor. I work just as hard (probably harder) than many of the "other baristas" in my store.

Look I am not saying that im the first person to work harder than anyone else or that i deserve tips more than anyone else. But suing the company isnt going to do a damn. Starbucks never broke any state or federal laws, and all retail store partners (minus ASM and SM's) are going to make tips. Period.

Gah!

Are we at this again?! And, I'm not talking about how another tips lawsuit is being pursued.

What I'm talking about are self-entitled shift supervisors who think that they are above the law and should be able to get tips regardless of what that law says.

A shift supervisor, in their current role and job duties, cannot receive tips by law. Even Starbucks cannot ignore this fact.

If a shift supervisor wants to remain in that role, they need to understand that if all things remain the same, they will not get tips. It's that simple.

Honestly, I don't blame these baristas. They were wronged and deserve their due compensation. They were wronged in the eyes of the law and deserve restitution to make them whole.

Hell, I have a good mind to go open a lawsuit against the company because I have been wronged. I had tips stolen from me by my managers when I was at Starbucks and deserve them back!

All baristas should be taking this tone and step right now.

It's sickening how shift supervisors are going after their own subordinates because they realize that they may not get tips because it's an illegal practice. So, instead, shift supervisors will let the company do away with tips because they cannot partake in them themselves. Good way to look after your fellow employees.

I mean, if the shift supervisors will not look out for the baristas and make sure Starbucks keeps tips for them, it's obvious the baristas need to stand up for themselves and start to sue, sue, sue!

Starbucks hires some pretty pathetic people.

[AmericanoMan]

I wonder how much Howard Schultz is paying his company laywers?

Whatever it is, it is WAY TOO MUCH and he, his employeses, stockholders, and customers getting WAY TOO LITTLE!

There is no excuse for Starbucks getting itself into this fix. Those high priced company lawyers should have thoroughly researched (and kept up-to-date) on ALL the labor and wage laws in ALL the states AND countries where there are Starbucks. The lawyers have failed to protect the company.

I seriously doubt that Mr. Schultz made a concious effort to "break" the law. From what I read and hear, he is a concerned fella. He needs to get real angry with the company lawyers and hold them accountable for this mess!

[Lee]

This is rediculous.

Once again, its not 100% fact that Starbucks violated the law. The judges are INTERPRETING the law and INTERPRETING the position of the Shift Supervisor.

Taken literally, the shift supervisor position DOES NOT fit the criteria for MANAGEMENT

If shifts don't get tips baristas should either. Prices should be raised (yes that will be a requirment in this equation) and hourly wages increased.

Anyone else find it ironic that Starbucks, which claims to be a PROGRESSIVE company, is getting sued in New York, Calfiornia, Massachusett, and Minnesota, four of the most PROGRESSIVE states in the country?

I guess it is much easier for Starbucks to pose as a progressive company by putting anti-religious quotes on cups than it is to obey the laws requiring the company not to steal tips that belong to baristas. In the end, Starbucks is a corporation like all other corporation’ and is devoted to profits.

[Lee]

in addition....

I find it amusing that the second Starbucks "might be" encroaching on a labor law every one gets all up in arms, when in all reality Starbucks adheres 99.99% to all labor laws to the point of insanity (keeping in mind that sometimes badDM's or SM's do make bad decisions, but not the company as a whole). I have worked other jobs where I never got my 10 min beaks, never got paid over time, never got my meal breaks, didn't get paid hardly anything, was forced to work when sick, forced to work more than 60 hours a week. NONE of those thigs have happened in my 2 years at Starbucks NONE OF THEM. If only other companies were scrutinized as much as Starbucks...

Lee,

I disagree. Law is tested by interpretations. Look at what the Supreme Court does on a regular basis.

When those laws are interpreted, their legality is tested and implementation based on those interpretations are then put in place.

When you decide to live in a jurisdiction, whether it be a city, county, state or country, you decide to live under the laws set forth. You concede to the fact that there will be people who decide how laws are read (judged) and accept that the laws will be put in place and you will be legally bound to it.

It's all part of living in a society. You give up some things to get some things.

Starbucks, in California, anyway, broke the law. Plain and simple.

We'll see what other states they broke the law in, too.

PS: Just because Starbucks says shift supervisors are not management does not mean that legally (whether technically or wholly) they are. Starbucks is to abide BY the law, not CREATE law itself.

Correction:

PS: Just because Starbucks says shift supervisors are not management does not mean that legally (whether technically or wholly) they are or are not. Starbucks is to abide BY the law, not CREATE law itself.

[Incensed Barista]

“I am leaving my well paying job in corporate HR for a major bank to go back to Starbucks full time as a Shift Supervisor. ... suing the company isnt going to do a damn. Starbucks never broke any state or federal laws, and all retail store partners (minus ASM and SM's) are going to make tips. Period.”

This is quite a post. You state you are leaving a job in corporate HR for a just over minimum wage position, and full-time, position as a SS at Starbucks? Full-time? Shift supervisor is a part-time position at Starbucks, is it not? And major banks must not be paying much these days.

As for Starbucks not breaking any state laws, despite your alleged “corporate HR” background, I think the California judge who has already ruled Starbucks violated California law is in a little better position to decide such matters. As posted on this site on March 20 ... Judge says Starbucks has to pay $86 million (plus interest) in tips pooling case.

[CoffeeCup]

Quote "This is rediculous. Once again, its not 100% fact that Starbucks violated the law. The judges are INTERPRETING the law and INTERPRETING the position of the Shift Supervisor."

It is 100% a fact Stbx violated the law! That is what judges are for. If it gets appealed and Stbx wins, THEN they will be vindicated. I do not think this is likely. Until then, it is a fact they violated the law. Period.

Quote "Taken literally, the shift supervisor position DOES NOT fit the criteria for MANAGEMENT"

THAT is YOUR interpetation. Again, I will take the judges opinion over yours anyday. She is a nuetral party.

You sound like you are one of the lawyers from Stbx who lost the case but won't admit it. Are you?

[sbuxnewbie]

New York State labor law is pretty clear about defining who is a manager, and who isn't.

For instance, in addition to "directs the work of others", there is the "Hires and fires" clause - but the two phrases are connected with the word "and", not "or".

Granted, that's just a part of it, but it is there.

When the FSLA statutes were passed, a lot of people suddenly found themselves exempt from the overtime provision - and THAT is where the true dividing line between manager and employee lies.

As to being "an agent of the company", when you accept payment from a customer in exchange for providing goods or services provided by your employer,what do you think that makes you?

So by the terminology used in the lawsuit, we are ALL "agents of the company".

And hey, we just had another one of those days - 4 people on the floor - 3 shifts, and the SM. None of the baristas were available to cover for another who got sick. ("oh, if I knew that was why you were calling, I would have answered y phone!")

[Incensed Barista]

Lee you say, “Starbucks adheres 99.99% to all labor laws.” I have to ask, did you even bother to read the accompanying article from the New York Times?

“a ruling two weeks ago in which a state judge in San Diego awarded $105 million to baristas throughout California, finding that the company had improperly allowed shift supervisors to share in the tip pool.”

“In New York, Starbucks has been hit by other problems. The Industrial Workers of the World is pushing to unionize many Starbucks shops in New York City. Last April, the National Labor Relations Board charged Starbucks with breaking the law 30 times in fighting the unionization effort.”

“Last month in a federal lawsuit in Houston, Starbucks reached a settlement for an undisclosed amount with 350 assistant managers who asserted that they were required to work off the clock. Starbucks faces similar lawsuits in Florida and California.”

Given these facts, I’d say Starbucks is violating a whole lot of labor laws all over the country.

[ILVSBUX]

I think if these keeps up tip jars will be a thing of the past. Enough of the lawsuits or no one will be getting tips!!! I always tip when I am a customer but will stop tipping if Shifts aren't included.

[Rapunzel]

Why is everyone so angry? And why are angry, righteous comments always anonymous? Do you not want to be debated with? Do you want to have the last word?

Honestly, is there no morality, generousity, or kindness left in the world?

Hanging my underwear outside to dry on your clothesline is against the law in the state I live in (a very old never overturned law). Yet I do just that because I don't own a dryer. It is one way that I do my small part for the environment. Wanna sue me for breaking that law? Just because its a law doesn't mean it makes any sense whatsoever.

And if you are not an employee, some of you, why are you so incensed by this? Honestly, I would like to know.

[starbuckshaterhater]

incested barista you are a sensationalist.

"a whole lot of labor laws all over the country" ... what does that even mean..that statement has no real value.

so we have the tips and the anti-union both of which are both being contested still.

then we have the off the clock law, which i will assure you, as a company Starbucks DOES NOT FORCE ANYONE to work off the clock. All I hear day in and day out is time worked = time paid time worked = time paid.

just because lawsuits are brought does not make them justified or right.

starbucks has made mistakes, everyone does. They apologized and make up for them when they are infact in the wrong.

[ohbee]

This is getting ridiculous.

Shifts get tips at my store, and I'm a barista. I DONT CARE. These people filing lawsuits didn't care at the time either I'm sure. Nobody knew it was even illegal until recently. Give me a break, its a couple bucks extra being divided. And all these greedy baristas that were "wronged?" I can almost guarantee that they were nowhere near as dedicated, or passionate about their jobs or this company as that shift that "stole" their tips. This is a joke. Maybe the almighty LAW says shifts aren't supposed to be included, but they are the reason half the tips are in the jar.

I dont feel like there is a problem with shifts getting tips, and even though they were never supposed to, and i lost some cash over the years, I'm not mad. When will I be FURIOUS, however? If that tip jar disappears.

[Incensed Barista]

“the tips and the anti-union both of which are both being contested still.”

Two different judges have already ruled that Starbucks violated the law regarding anti-union and the tips. Starbucks has Billions of dollars to contest these court decisions just like Exxon is still contesting whether any of its oil caused damage to the environment in Alaska. Just because Starbucks is a huge company that can contest rulings it does not choose to obey does not change the FACT the company has been judged to have violated these labor laws.

[I. Am. Legendary.]

First of all, Starbucks was INTERPRETED to have violated the law. Given another judge or another day, and it may have been interpreted completely different.

The fact is, shift supervisors deserve tips. They do not perform any managerial duties. They open the door in the morning, lock up at night, and handle cash (things that other restaurants allow their hourly employees to do when opening alone). Other than that, they're the barista in charge.

The OVERWHELMING majority of baristas are not happy with the lawsuit. They feel that supervisors should be tipped, and customers do too! Customers want to know that those who provide them with the most legendary of service are getting part of the tip.

Look, people... don't think that just because a policy is a law means it is necessary to follow. If we don't question our existing laws, how will we ever come about positive change?

Rapunzel gave the perfect example, with hanging clothes outside to conserve energy, even though it's illegal. Just... THINK, people!!! Don't accept everything just because "that's how it is."

I'm a SM and if they ever take away tips for SS and all of them for the baristas I will throw the tip jar in the trash and no one wil get them. The SS's are the hardest working, most responsible, baristas (yes we are ALL baristas) in the store...those are the baristas I promote to the shift position and they deserve those tips WAY MORE than half the baristas in my store who only get as many tips as they do because the SS are working so hard providing ledgendary servide and coaching others to do so as well.

I'm forming a union against the baristas who think the shifts shouldn't get tips.....

The fact is, shift supervisors deserve tips. They do not perform any managerial duties. They open the door in the morning, lock up at night, and handle cash (things that other restaurants allow their hourly employees to do when opening alone). Other than that, they're the barista in charge.

They may deserve it, but, legally, in California, they should not take them. Again, legally, they do perform managerial duties, according to the job profile Starbucks established.

You are not in the position to argue this. Starbucks violated the law, plain and simple.

I'm a SM and if they ever take away tips for SS and all of them for the baristas I will throw the tip jar in the trash and no one wil get them. The SS's are the hardest working, most responsible, baristas (yes we are ALL baristas) in the store...those are the baristas I promote to the shift position and they deserve those tips WAY MORE than half the baristas in my store who only get as many tips as they do because the SS are working so hard providing ledgendary servide and coaching others to do so as well.

Again, your opinion. The minute you do that, I want to see Starbucks fire you. You do not deserve your job. You are not to set company policy in your current position.

Again, regardless of your opinion about how hard a shift supervisor works, they cannot accept tips pooled together.

It's the law folks.

And for those of you saying interpretation set this precedent: you're right.

And, as a citizen who is required to live under the laws you agree to live under when you remain a citizen, you're required to follow them, whether or not you agree with them.

This is not hard people.