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Starbucks Barista Suing Chain For Tips

Attorney Says Manager Skimmed Client's Tips

POSTED: 12:26 pm EDT March 26, 2008
UPDATED: 6:33 pm EDT March 26, 2008

A local Starbucks employee is suing the coffee chain because he said his supervisors skimmed his tips.

NewsCenter 5's Shiba Russell reported that the employee's attorney said that Starbucks baristas are owed thousands in lost tips. The company stands by its policies, saying that shift supervisors also deserve to share the tips.

VIDEO: Barista Sues For Skimmed Tips

Former Chestnut Hill store barista Hernan Matamoros, 18, of Somerville, worked at the Starbucks on Boylston Street. He said that 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.

Matamoros alleges that Starbucks' policy of sharing tips with supervisors violates Massachusetts law. His suit said 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, Shannon Liss-Riordan, said the law still applies.

"It doesn't matter if the managers were also performing the same duties, because these laws specifically protect employees who are allowed to be paid less than minimum age regardless of whether or not they are," she said.

Some customers said that when they leave a tip at Starbucks, it should be shared with all the workers.

"They should share because I've seen the person that seems to be in charge at this Starbucks as well as other Starbucks, and they seem to be working just as hard as everybody else," said Melissa Madden, of Wellesley.

"I leave (the tip) for everybody. If I was at a restaurant, it would be for the server. But at a place like Starbucks, you are being served by everybody," said Alison Berks, of Newton.

The lawsuit is very similar to the one filed in California where a judge ruled last week that Starbucks must pay them more than $100 million in tips.

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