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Starbucks Barista Suing Co. Over Tip Policy

Worker Says Managers Shouldn't Get Share Of Money

POSTED: 7:30 am EDT March 26, 2008
UPDATED: 8:50 am EDT March 26, 2008

A former Boston-area Starbucks worker claims he was shortchanged by the coffee company's tips policy and he is now taking the coffee giant to court, claiming his managers swiped his tips.

The lawsuit filed in Suffolk Superior Court comes days after the Seattle-based coffee company was ordered to pay millions in a similar case.

The former Chestnut Hill store barista said he is filing his class-action lawsuit on behalf of thousands of Starbucks workers, not just current employees. He said his suit represents any workers who have been employed at any Massachusetts Starbucks over the last six years.

There are nearly 200 Starbucks stores in the Bay State.

The barista behind the lawsuit is Hernan Matamoros, 18, of Somerville, Mass., the Boston Globe reported.

He alleges that Starbucks' policy of sharing tips with supervisors violates Massachusetts law. His suit says most service employees get paid below the minimum wage and supervisors earn a much higher paycheck.

Despite the fact that most Starbucks baristas earn above minimum wage, Matamoros' attorney said the law still sticks.

One of Matamoros' lawyers, Shannon Liss-Riordan, said most customers probably assume that tips are going to workers and not managers.

This lawsuit is very similar to the one filed in California where the baristas won big. A judge ruled last week that Starbucks must pay them more than $100 million in tips.

Starbucks, meanwhile, stands by its policy. The company says supervisors also deserve their fair share of tips. The company has pledged to appeal the California decision.

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