Barenboim v. Starbucks Corp.

Under N.Y. Labor Law 196-d, an employer's "agent" may not retain tips. Two former Starbucks baristas brought a putative class action in the U.S. district court alleging that Starbucks' policy of allowing shift supervisors to receive distributions violated section 196-d. The district court concluded that the supervisors could participate in tip pools because their responsibilities did not render them Starbucks agents. Meanwhile, several former Starbucks assistant store managers filed a separate complaint asserting that assistant store managers should be entitled to participate in the tips pools. The U.S. district court concluded that section 196-d does not compel an employer to include any particular eligible employee in a tip pool. On appeal from both cases, the court of appeals certified two questions of law to the New York Court of Appeals, which answered by holding (1) an employee whose personal service to patrons is a principal part of his duties may participate in a tip allocation arrangement under section 196-d even if he possesses limited supervisory responsibilities, but an employee granted meaningful control over subordinates is not eligible to participate in a tip pool; and (2) Starbucks' decision to exclude assistant store managers from the tip pool was not contrary to section 196-d. View "Barenboim v. Starbucks Corp." on Justia Law