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The Court of Appeals, in deciding that shift supervisors are entitled to share in the tip pool, deferred to the New York State Department of Labor’s (“DOL”) long-standing view that “employees who regularly provide direct service to patrons remain tip-pool eligible even if they exercise a limited degree of supervisory responsibility.” The Court compared the shift supervisors to restaurant captains who have some authority over wait staff, but are nonetheless eligible to participate in tip pools pursuant to the DOL’s Hospitality Industry Wage Order and DOL guidelines dating back to 1972.

“Meaningful Authority” Standard In , the Starbucks assistant store managers argue that they should be deemed similar to waiters and busboys under §196-d (and therefore eligible for tip-sharing) because they do not have full or final authority to terminate subordinates.

In particular, the decision confirms that employees who regularly provide direct service to patrons may still participate in tip-sharing, but are not required to do so, even if they exercise a limited degree of supervisory responsibility.

Unfortunately, no watches, bracelets or wristbands are allowed.Starbucks shift supervisors can legally participate in tip-sharing with other store employees, but the coffee chain’s assistant managers have enough managerial responsibility to disqualify them from sharing in customer tips, according to the New York State Court of Appeals.Starbucks’ policy provides for weekly distribution of gratuities to the company’s two lower ranking categories of employees, baristas and shift supervisors, but not to its two higher ranking categories of employees, assistant managers and store managers.It also states, “Nothing in this subdivision shall be construed as affecting the…sharing of tips by a waiter with a busboy or similar employee.” According to the plaintiff baristas in , Starbucks’ policy of including shift supervisors in the stores’ tip pools violates §196-d because the shift supervisors are company “agents” and therefore not permitted to “demand or accept, directly or indirectly, any part of the gratuities, received by an employee.” Starbucks argues that shift supervisors are sufficiently analogous to waiters, busboys and similar employees, and should therefore be permitted to share in the gratuities pursuant to §196-d.

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  1. ISBN 1-4020-2684-6 (2005) [Research Book Chapter]Whitham, TG and Lonsdorf, E and Schweitzer, J and Bailey, J and Fischer, DG and Shuster, SM and Lindroth, RL and Hart, SC and Allan, GJ and Gehring, CA and Keim, P and Potts, BM and Marks, J and Rehill, BJ and Difazio, SP and Leroy, CJ and Wimp, GM and Woolbright, S, Phragmidium Violaceum, Proceedings of the 15th Biennial Australasian Plant Pathology Society Conference, 25-29 September 2005, Deakin University, Geelong, Victoria, pp.