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Not-So-Grande! Baristas Say They're Not Getting the Tips

By Anne Skove, Esq.

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First, a confession. There is probably a Starbucks on the nearby campus, but we spend much time getting caffeinated and chewing up the wi-fi at Brutopia, where the chess-playing barista has more tats and piercings than a pirate. Yet, he has never made us walk the plank for not tipping. (Sorry! When we get a paying job we'll make up for it.)

Baristas at Starbucks, on the other hand, are accustomed to tips for crafting overpriced, supersized beverages. (Try going in and saying "I just want a cup of coffee!") They're accusing shift supervisors of sucking up tip money like cream off a latte.

If true, that sucking would be a violation of Labor Code sec. 351 prohibiting employers from taking tips left for their employees. Plaintiffs dismissed this part of their claim. Left standing like a person in a long line for something more akin to a sundae than coffee is a claim for restitution for $100 million.

Sound pricey? Check out the price of a pound of coffee beans. Add up all the dimes in all the tip jars in all the Starbucks since the year 2000. If arranged in piles, those dimes would fill 6 billion grande-sized cups.

See Big Trouble May Be Brewing for Starbucks over Barista Tips, Matthew Hirsch, The Recorder (March 12, 2008).

One commentator says: "Lose the tip jars."

Meanwhile, those higher-ups also sued Starbucks claiming they were overworked. An undisclosed settlement was approved earlier this month. See Starbucks Labor Settlement Approved, Craig Harris, Seattle Post-Intelligencer (March 4, 2008), which outlines a handful of other suits against the coffee giant.

And if you're in the neighborhood, ask what the Brutopia barista is making for lunch. It's usually pretty tasty, and it's not necessarily listed on the chalkboard. Then tip him!!!

Or, you could just drink tea!

Full post as published by court-o-rama.org on March 12, 2008 (boomark / email).

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