COPY CAT CLASS ACTION FILED IN BOSTON AGAINST STARBUCKS

In the wake of the $100 million judgment entered in California last week against Starbucks, a barista in Boston has filed his own tip pooling complaint seeking certification of yet another class of local baristas against the company for alleged improper taking and redistribution of counter tips by store managers.

According to the Boston Globe, the plaintiff’s lawyer literally spoke to the 18 year old plaintiff after hearing of the California decision and went forward with the suit seeking to represent a class of all Massachusetts baristas.

Applicability of the California decision is doubtful.The California tip pooling statute is somewhat different from the Massachusetts statute, as much of the analysis turns on whether the person taking and distributing tips is an “agent” of the employer. By contrast, the Massachusetts law requires that only “service employees” receive the benefit of a “service charge.” This means that the court will look only to whether the shift supervisors who shared in the counter tips are indeed “service employees.”

For more details, including the language of each statute and a discussion about both the California and the Massachusetts cases, please link to our blog, Legal Bites, and view other legal matters as well that may affect the foodservice and hospitality industry.

NELSON, KINDER, MOSSEAU & SATURLEY, P.C.