Attorney Steven Mitchell Sack, “The Employee’s Lawyer,” says the recent New York State Court of Appeals decision regarding baristas’ share of their tips may have a ripple effect on all servers in New York who work at bars, diners, restaurants and coffee shops.
On June 26, the Court of Appeals ruled that Starbucks baristas must share their tips with shift supervisors but not with assistant managers. The Court commented that shift supervisors do much of the same work as coffee servers and therefore should be eligible to receive some of the tips. Mr. Sack stated that this ruling will affect many or all of the food service employees working at establishments with similar tip policies.
“Employees who have a tip sharing policy at their place of work will definitely feel the effect of the Court of Appeals ruling,” Mr. Sack said. “Baristas will be losing their fair share of their earnings as a result of the ruling, while those who work above them will be receiving more money for doing less work. I fear that this will also have a negative effect on all waiters, waitresses and bartenders in the state who rely on tips as a source of income.”