Gothamist

A non-profit newsroom, powered by WNYC.

Gothamist

WNYC Listen Live

Donate

 

 

Food

Starbucks "Shift Supervisors" Can Share In Tip Pool, Appeals Court Rules


By

John Del Signore

Published Jun 26, 2013

Modified Jun 26, 2013


Share

FacebookTwitterRedditEmail


Never miss a story

 Email address

By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .

In this file photo, a Starbucks customer agonizes over what percentage of his tip will be siphoned off to the "shift supervisor."

 

Manziri's Flickr


By

John Del Signore

Published Jun 26, 2013

Modified Jun 26, 2013


Share

FacebookTwitterRedditEmail


We rely on your support to make local news available to all

Make your contribution now and help Gothamist thrive in 2026. Donate today

Gothamist is funded by sponsors and member donations

Starbucks shift supervisors are entitled to their fair share of the tip pool that baristas enjoy, the New York Court of Appeals ruled today. You'll recall that in 2008, a group of disgruntled Queens baristas sued the popular purveyor of coffee and generic soullessness on the grounds that shift supervisors should not share in the tips, because they are paid more and perform certain managerial functions. But the law still maintains the baristas MUST share.

A lower court previously ruled in favor of Starbucks, which argued that shift supervisors are not managers (though they’re in charge when managers are away and can evaluate baristas in performance reviews) and are entitled to tips because they often do the same work as baristas. And the pay isn’t much better: In 2008, a Union Square barista told the Times she earned $10.03/hour after three years on the job, while a shift supervisor made $10.25, also after three years.

But one of the baristas' lawyers argued that there's no reason for shift supervisors to dip into baristas’ tips: "It's been argued that the shift supervisors do not make a lot of money and that somehow it's justifiable that they should share in the tips. That's just beyond ridiculous and, in fact, it's incriminating towards Starbucks. It puts the brunt of paying these people on the baristas."

Today's ruling, embedded below, sides once again with Starbucks, noting that "We cannot agree with [the baristas’] contention that even the slightest degree of supervisory responsibility automatically disqualifies an employee from sharing in tips... The [Department of Labor] has consistently and, in our view, reasonably, maintained that employees who regularly provide direct service to patrons remain tip-pool eligible even if they exercise a limited degree of supervisory responsibility."

In a separate decision, the court also ruled against assistant store managers who sued Starbucks arguing that they should be eligible for tips. (They're currently not included in the tip pool.) The court decided that the assistant store managers, who are one level up from shift supervisors, do have "meaningful authority" that justifies their exclusion from the tip pool.

The court did not say anything on the ethics of tip pooling in general—the policy of pooling tips has long divided servers throughout the restaurant industry. We turned to former waiter Christopher Robbins for insight.

"To the Section Shark, tip pooling may seem like a fool's game. Why would you let some slob take your hard-earned money?" Robbins, the president of the Retired Servers Union Local 442, said in an email. "But pooling tips makes you work as a team, and decreases the likelihood that someone is going to 'forget' to water the table you asked them to, or leave you high and dry when you're in the weeds. When one person succeeds, everyone succeeds. Until restaurants just start charging more for food and foregoing tips altogether, this is the best system we have."

Starbucks Tip Pooling

Tagged

starbucks

tips

original


John Del Signore

Twitter

Originally from the Albany area, John Del Signore has called NYC home since 1995. In addition to his thousands of meticulously-crafted bespoke blog posts for Gothamist, his writing has also been published in The Awl, Deadspin, The Nervous Breakdown, and performed at The Brick Theater in Brooklyn.

Read more

Gothamist is funded by sponsors and member donations


Gothamist is funded by sponsors and member donations


MORE food

Where are the cheapest drinks in NYC? A new report details the city's average prices.

The median price of a cocktail in the city is now $16, and $9 for a draft beer.

By

Hannah Frishberg

Published Oct 19, 2026


North African restaurants are rare in NYC. These 10 are the best.

Egyptian, Moroccan, Algerian and Tunisian food is delicious but underrepresented in the city.

By

Robert Sietsema

Food

North African restaurants are rare in NYC. These 10 are the best.

Egyptian, Moroccan, Algerian and Tunisian food is delicious but underrepresented in the city.

By

Robert Sietsema


10 dishes that demonstrate the delicious diversity of curry in New York City

By

Robert Sietsema

Frozen yogurt is back in New York City. So are the super long lines.

By

Sonia Rao

5 NYC banana puddings as good as Magnolia's

By

Hannah Frishberg


Never miss a story

Catch up on the most important headlines with a roundup of essential NYC stories, delivered to your inbox daily.

Sign upEmail address

By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .