As we previously blogged about here, in the final days of the Trump Administration the Department of Labor (“DOL”) announced a series of new rules regarding how and to whom employers can distribute tips. The new rules were scheduled to go into effect on March 1, 2021. We predicted that the Biden Administration might
Ninth Circuit Refuses to Entertain En Banc Review of its Decision Rejecting Tip-Pooling Arrangements
Earlier this year, we wrote about the Ninth Circuit Court of Appeals decision in Oregon Rest. & Lodging Ass’n v. Perez, which prohibited tip-pools that include “back-of-the house” employees. Last week, the Court rejected a petition to review the decision en banc. This means that, unless the Supreme Court weighs in on the issue,
Update – New Rule Requires Employers to Post Notice of Employee NLRA Rights
In order to allow more time for legal challenges to its notice-posting rule to be resolved, the National Labor Relations Board has again postponed the rule’s effective date, this time to April 30, 2012. Stay tuned.
For additional information regarding the NLRB’s new rule and posting requirement, including links to the new rule and the
Starbucks Obtains Reversal of $105 Million “Tip Sharing” Case
Just over a year ago, we reported about a $105 million California verdict in favor of Starbucks baristas who were required to pool their tips with supervisors. As you might expect, Starbucks appealed that decision. Yesterday, a California Court reversed the decision. Click here to read the decision in Chau v. Starbucks.
The 4th
Make Mine a “Venti”: Starbucks Ordered to Pay Baristas $105 Million
A California Superior Court ordered Starbucks Corp. to pay $105 million in restitution to baristas who were required to pool their tips with supervisors. Chou v. Starbucks Corp., Cal. Super. Ct. No. GIC836925 (Mar. 19, 2008). The class action case was brought on behalf of all baristas who worked at any California Starbucks going