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Tips ruling is made to order for baristas (coffee Servers in California)
LA Times ^ | 21 March 2008 | By Roger Vincent and Andrea Chang, Los Angeles Times Staff Writers

Posted on 03/21/2008 6:49:28 AM PDT by shrinkermd

In a San Diego County class-action lawsuit, a judge ordered the coffee giant to pay back tips, with interest, that the company had handed over to shift supervisors. Some baristas (coffee servers) could receive more than $10,000, according to their attorney.

The ruling was met with cheers by California baristas. "I'm stoked," said Leekeisha Smith, who makes coffee drinks in the Starbucks at Sunset Boulevard and La Brea Avenue in Los Angeles.

"Wow. I'm just shocked that we'll get that [money] back." Smith, 23, said she found out about the lawsuit from a letter sent to employees.

Starbucks Corp. said it was outraged and vowed to appeal. In a statement, the company said the decision "is not only contrary to law, it is fundamentally unfair and beyond all common sense and reason."

(Excerpt) Read more at latimes.com ...


TOPICS: Business/Economy; Extended News; US: California
KEYWORDS: california; coffeehouses; tips
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1 posted on 03/21/2008 6:49:30 AM PDT by shrinkermd
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To: shrinkermd
 
                              NICE GUY EDDIE
                 C'mon, throw in a buck.

                              MR. WHITE
                 Uh-uh.  I don't tip.

                              NICE GUY EDDIE
                 Whaddaya mean you don't tip?

                              MR. WHITE
                 I don't believe in it.

                              NICE GUY EDDIE
                 You don't believe in tipping?

                              MR. PINK
                         (laughing)
                 I love this kid, he's a madman,
                 this guy.

                              MR. BLONDE
                 Do you have any idea what these
                 ladies make?  They make s***.

                              MR. WHITE
                 Don't give me that.  She don't
                 make enough money, she can quit.

       Everybody laughs.

                              NICE GUY EDDIE
                 I don't even know a Jew who'd have
                 the balls to say that.  So let's
                 get this straight. You never ever
                 tip?

                              MR. WHITE
                 I don't tip because society says I
                 gotta.  I tip when somebody
                 deserves a tip.  When somebody
                 really puts forth an effort, they
                 deserve a little something extra.
                 But this tipping automatically,
                 that s***'s for the birds.  As far
                 as I'm concerned, they're just
                 doin their job.

                              MR. BLUE
                 Our girl was nice.

                              MR. WHITE
                 Our girl was okay.  She didn't do
                 anything special.

                              MR. BLONDE
                 What's something special, take ya
                 in the kitchen and **** your ****?

       They all laugh.

                              NICE GUY EDDIE
                 I'd go over twelve percent for
                 that.

                              MR. WRITE
                 Look, I ordered coffee.  Now we've
                 been here a long f***** time, and
                 she's only filled my cup three
                 times.  When I order coffee,  I
                 want it filled six times.

                              MR. BLONDE
                 What if she's too busy?

                              MR. WHITE
                 The words "too busy" shouldn't be
                 in a waitress's vocabulary.

                              NICE GUY EDDIE
                 Excuse me, Mr. White, but the last
                 thing you need is another cup of
                 coffee.

       They all laugh.

                              MR. WHITE
                 These ladies aren't starvin to
                 death.  They make minimum wage.
                 When I worked for minimum wage, I
                 wasn't lucky enough to have a job
                 that society deemed tipworthy.

                              NICE GUY EDDIE
                 Ahh, now we're getting down to it.
                 It's not just that he's a cheap
                 b******--

                              MR. ORANGE
                 --It is that too--

                              NICE GUY EDDIE
                 --It is that too.  But it's also
                 he couldn't get a waiter job.  You
                 talk like a pissed off dishwasher:
                 
                              MR. BLONDE
                 So you don't care that they're
                 counting on your tip to live?

       Mr. White rubs two of his fingers together.

                              MR. WHITE
                 Do you know what this is?  It's
                 the world's smallest violin,
                 playing just for the waitresses.

                              MR. BLONDE
                 You don't have any idea what
                 you're talking about.  These
                 people bust their a**. This
                 is a hard job.

                              MR. WHITE
                 So's working at McDonald's, but
                 you don't feel the need to tip
                 them.  They're servin ya food, you
                 should tip em.  But no, society
                 says tip these guys over here, but
                 not those guys over there.  That's
                 bull***t.

                              MR. ORANGE
                 They work harder than the kids at
                 McDonald's.

                              MR. WHITE
                 Oh yeah, I don't see them cleaning
                 fryers.

                              MR. BROWN
                 These people are taxed on the tips
                 they make.  When you stiff 'em,
                 you cost them money.

                              MR. BLONDE
                 Waitressing is the number one
                 occupation for female non-college
                 graduates in this country.  It's
                 the one jab basically any woman
                 can get, and make a living on.
                 The reason is because of tips.

                              MR. WHITE
                 ***k all that.

       They all laugh.

                              MR. WHITE
                 Hey, I'm very sorry that the
                 government taxes their tips.
                 That's ***ked up.  But that ain't
                 my fault.  it would appear that
                 waitresses are just one of the
                 many groups the government ***ks
                 in the a** on a regular basis.
                 You show me a paper says the
                 government shouldn't do that, I'll
                 sign it.  Put it to a vote, I'll
                 vote for it.  But what I won't do
                 is play ball.  And this non-
                 college bull***t you're telling
                 me, I got two words for that:
                 "Learn to ****n type."  Cause if
                 you're expecting me to help out
                 with the rent, you're in for a big
                 f****n surprise.

                              MR. ORANGE
                 He's convinced me.  Give me my
                 dollar back.

       Everybody laughs.  Joe's comes back to the table.

                              JOE
                 Okay ramblers, let's get to
                 rambling.  Wait a minute, who
                 didn't throw in?

                              MR. ORANGE
                 Mr. White.

                              JOE
                         (to Mr. Orange)
                 Mr. White?
                         (to Mr. White)
                 Why?

                              MR. ORANGE
                 He don't tip.

                              JOE
                         (to Mr. Orange)
                 He don't tip?
                         (to Mr. White)
                 You don't tip?  Why?

                              MR. ORANGE
                 He don't believe in it.

                              JOE
                         (to Mr. Orange)
                 He don't believe in it?
                         (to Mr. White)
                 You don't believe in it?

                              MR. ORANGE
                 Nope.

                              JOE
                         (to Mr. Orange)
                 Shut up!
                         (to Mr. White)
                 Cough up the buck, ya cheap
                 bastard, I paid for your goddamn
                 breakfast.

                              MR. WHITE
                 Because you paid for the
                 breakfast, I'm gonna tip.
                 Normally I wouldn't.

                              JOE
                 Whatever.  Just throw in your
                 dollar, and let's move.

2 posted on 03/21/2008 6:52:22 AM PDT by Lazamataz (We're all gonna die!!!!)
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To: shrinkermd

....the coffee has just turned cold/rancid. :)


3 posted on 03/21/2008 6:56:09 AM PDT by skinkinthegrass (just b/c your paranoid, doesn't mean "they" aren't out to get you...our hopes were dashed by CINOs :)
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To: shrinkermd
I've never worked in a restaurant. How are tips typically split among the waiters, kitchen crew and bosses?
4 posted on 03/21/2008 7:02:00 AM PDT by KarlInOhio (Rattenschadenfreude: joy at a Democrat's pain, especially Hillary's pain caused by Obama.)
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To: shrinkermd
Here's the most important line from the article:

Cowett's ruling said Starbucks' practice was a violation of a state law that prohibits managers and supervisors from sharing in employee tips.

So the law says that supervisors can't dip into the tip jar and the judge ruled that Starbucks broke the law and had to put the money back. That's the way a judge is supposed to work.

The article didn't state whether the $100 million was the amount actually skimmed, if it was some penalty stated in the law for when tip money is taken by the boss, or if it was just made up by the judge.

5 posted on 03/21/2008 7:07:07 AM PDT by KarlInOhio (Rattenschadenfreude: joy at a Democrat's pain, especially Hillary's pain caused by Obama.)
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To: KarlInOhio

I have always thought the TIPS I left belonged to the server. The whole idea of TIPS seems to rely on paying for superior service.

If the server doesn’t receive them, it seems wrong to me. That is not say it is illegal.


6 posted on 03/21/2008 7:13:43 AM PDT by shrinkermd
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To: shrinkermd

I’ve never gotten the idea behind tipping for counter service.


7 posted on 03/21/2008 7:17:39 AM PDT by Poison Pill
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To: shrinkermd
I have always thought the TIPS I left belonged to the server.

I hope to see the day when we do away with tips entirely. Even if wait staff is allowed to earn minimum wage, I do not see it as raising the overall price of eating out, as instead of us adding a tip at the end of the meal, we'd just pay the same amount more in the cost of the food.

8 posted on 03/21/2008 7:18:53 AM PDT by pnh102
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To: KarlInOhio

In a restaurant (as opposed to a Starbucks) tips are usually shared between the wait staff, food runners, bus persons and bartenders. Occasionally hostesses are included. The formulas and percentages vary from one establishment to another but typically 20-40% of the tips go to the support staff.

There are some state laws regulating what control management has over tips. Normally anyone in a supervisory position is prohibited from taking a piece of the pie. Abuses are rampant especially where the staff may be younger or less experienced. Kickbacks to managers may get you a better schedule, section, and customers. Don’t forget, in many places a waiter can earn a lot more than the manager.


9 posted on 03/21/2008 7:21:49 AM PDT by NY.SS-Bar9 (DR #1692)
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To: KarlInOhio
I've never worked in a restaurant. How are tips typically split among the waiters, kitchen crew and bosses?

When I first worked as a waiter, I learned that the business establishment paid waiters one-half minimum wage. And, from that stipend, money was deducted for medicare, income tax withholding, and social security. So, that revenue stream was practically non-existent.

What the waiter was supposed to be recompensed with was tips, the theory being that a good waiter would attract good tips, an idea that had some demonstrable merit.

As to distribution of tips, that depends on the business establishment. One which I worked for had this arrangement:

Each waiter had a number of tables assigned to him, which were also serviced by a cocktail waitress and a busboy. Out of tips paid to the waiter, the waiter paid the cocktail waitress (who was not supposed to be getting tipped) 10 percent of the drink portion of the final tab. The waiter also had to pay out 3 percent of the non-drink tab to the busboy.

So, if the waiter were stiffed by a table (i.e. no tip), he would actually lose money, because he was obligated to pay out the cut to the cocktail waitress and the busboy, even if he got no tip.

10 posted on 03/21/2008 7:23:02 AM PDT by Brandybux
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To: pnh102
<>I hope to see the day when we do away with tips entirely.

When all of G-d's baristas will be judged not by the amount of their tips but by the content of their service

I have a dream!

11 posted on 03/21/2008 7:29:14 AM PDT by KenHorse (I am Shakespeare of Borg. Prepare to be or not to be)
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To: pnh102
I hope to see the day when we do away with tips entirely.

When all of G-d's baristas will be judged not by the amount of their tips but by the content of their service

I have a dream!

12 posted on 03/21/2008 7:29:40 AM PDT by KenHorse (I am Shakespeare of Borg. Prepare to be or not to be)
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To: shrinkermd

I knew a person who went to work for a restaurant chain where they were required to kick back a percentage of the total bill, in cash, to supervisors regardless of the tip amount. They didn’t stay at the job for long. The restaurant chain later got in trouble similar to that of the Starbucks chain.

No one in a supervisory position should share in tip money. I could see others who provide service at the table sharing in tips since their performance may have a direct bearing on the amount of the tip. The “gratuity” should never be added to the bill by the restaurant although this seems to be a common practice.


13 posted on 03/21/2008 7:33:50 AM PDT by FreePaul
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To: KarlInOhio

All this started with the introduction of the tip jar. I’m in the the food business and many of my family have made a living as wait-persons (Jeez, I hate that word). I believe in tipping, while at the same time I don’t believe in anyone other than me determining what percentage or how much. Also, the tip is for the person that served me and should not be shared with anyone else who didn’t. If I want to leave extra for extra good service I don’t want my gift diluted by being distributed to everybody else on the staff. If the wait-person wants to share with someone else who helped them, so be it. I also don’t tip “counter help” just because they call themselves “baristas”.


14 posted on 03/21/2008 7:40:38 AM PDT by Perfesser
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To: KarlInOhio; shrinkermd
The supervisors in this case do the same job as the baristas, so they deserve the tips. Either, the CA law was written by morons, or the judge is a moron that thinks the experienced barista is the same as the green horn. I think both, but the judge could have made the right decision and qualified the all baristas the same, regardless of extra duties performed. Looks like he's simply a left coast commie, that could care less he's just made a decision to kill the company in a brutal fashion.

The article didn't state whether the $100 million was the amount actually skimmed,

If they didn't have records, the amount was calculated. The $100M included intrest. The commie probably calculated that on the total sum since day one.

15 posted on 03/21/2008 7:44:17 AM PDT by spunkets ("Freedom is about authority", Rudy Giuliani, gun grabber)
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To: FreePaul
"No one in a supervisory position should share in tip money."

It's starbucks. The supervisor is usually the high school student that's least likely to give everything away free to their friends, poison the customers, or take off and leave the place open to looters.

16 posted on 03/21/2008 7:48:38 AM PDT by spunkets ("Freedom is about authority", Rudy Giuliani, gun grabber)
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To: FreePaul
a restaurant chain where they were required to kick back a percentage of the total bill, in cash, to supervisors

Sales manager's override? Just saying it's not really a question of morality, but negotiation between employee and management.

17 posted on 03/21/2008 7:51:19 AM PDT by SamuraiScot
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To: NY.SS-Bar9
Abuses are rampant especially where the staff may be younger or less experienced. Kickbacks to managers may get you a better schedule, section, and customers.

I fired a manager for that very thing. The way it worked where I as at when it came to the Wait staff was that seniority allowed you to pick your schedule, drawing lots for sections, Tips were put into a lock box (1 for each Wait), this prevented them from making change from the tips (and padding checks, a BIG no-no), and they tipped the Bar and Bus at the end of the night. We recommended, but NEVER required tip sharing with Bar and Bus.

We had a good system.

18 posted on 03/21/2008 7:53:07 AM PDT by Mr. Quarterpanel (I am not an actor, but I play one on TV)
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To: spunkets
The supervisors in this case do the same job as the baristas...

Then they are not Supervisors.

19 posted on 03/21/2008 7:56:36 AM PDT by Mr. Quarterpanel (I am not an actor, but I play one on TV)
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To: Perfesser
All this started with the introduction of the tip jar.

How many of the tip jars are there just so employers can claim the counter help are tipped employees and pay them that lower minimum wage instead of the minimum for non-tipped employees ($2.13/hour instead of $5.85/hour currently)?

I never fill the tip jar. Tips are for table service, not just running the register and filling an order.

20 posted on 03/21/2008 8:04:20 AM PDT by KarlInOhio (Rattenschadenfreude: joy at a Democrat's pain, especially Hillary's pain caused by Obama.)
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