Split N.Y. Appeals Court Rules On Assistant Managers Participating In Tip Pool

Split N.Y. Appeals Court Rules On Assistant Managers Participating In Tip Pool

ALBANY, N.Y. - An employee who is "granted meaningful authority or control over subordinates can no longer be considered similar to waiters and busboys" under New York Labor Law Section 196-d and may not participate in an employer-mandated tip pool, a split New York Court of Appeals ruled June 26 in a single opinion addressing two tip-pooling suits brought by Starbucks Corp. employees (Jeana Barenboim, et al. v. Starbucks Corporation, Eugene Winans, et al. v. Starbucks Corporation, No. 122, N.Y. App.; 2013 N.Y. LEXIS 1678).

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