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3/24/2011
Kennedy Hodges Trial Attorneys
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Class action lawsuit to go ahead in Starbucks barista tip sharing dispute

A federal judge has allowed a Massachusetts class action lawsuit to go forward against the coffee giant Starbucks. The lawsuit is seeking damages for baristas who claim that it was wrong for them to have to share their tips with the staff supervisors who are paid a higher hourly rate.

The Massachusetts decision was made on the same day that plaintiffs appealed a New York federal court decision on another Starbucks case; this appeal tried to show that the district court in the NY case had depended too heavily on a previous decision that didn’t protect tipped employees well enough under the Fair Labor Standards Act.

Texas Tip Pool Wage Lawsuit Very Similar to Starbucks Case

Baristas taking Starbucks to court over tip sharing is very similar to a Houston, Texas tip pool wage lawsuit that claims a waitress working at Chili’s was unfairly required to share her tips with management and other employees who were paid more by the hour. This case is still pending in the Federal District Court in Houston.

Having to share your tips when you depend on the money to supplement your hourly rate can be frustrating, especially when you are the one who has to greet the guests, and ensure that their experience exceeds their expectations. It is important to know that federal law prohibits managers and restaurant owners from requiring you to participate in tip pools, if such tips are shared with other employees who do not customarily receive tips such as kitchen staff and managers.

We Can Help You

Our Houston wage law attorneys understand that you may be hesitant to ignore your boss’s request to share your tips, because you are afraid that you will lose your job. We can help you. Request a free copy of the book Ten Biggest Mistakes That Can Hurt Your Wage and Overtime Claim by calling 888.449.2068 today. We have helped tipped employees recover overtime pay and back wages, and we have successfully represented hundreds of  waiters and kitchen staff against employers who violate the labor laws and overtime and wage laws.

Category: Tipped Employees


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