A New York State Court issued an advisory opinion Wednesday that assistant managers at Starbucks should not be able to share in subordinate employees? tip pool. Additionally it recommended that shift supervisors, whose duties more evenly matched subordinates, should be allowed to participate in the tip pool. The case was brought by a Starbucks assistant manager trying to overturn a company policy that divides tips collected during the week among baristas and shift supervisors according to hours worked, but excludes assistant managers. The court reasoned that assistant managers, who regularly assign work shifts, have a say in the hiring and firing process, and recommend discipline, have significant authority over subordinate employees.
See "New York Court sides with Starbucks on tip rules", Steven Greenhouse, The New York Times, June 27, 2013