From the article--
But the appeals court said supervisors at the nation's premier coffee chain "essentially perform the same job as baristas."
"The applicable statutes do not prohibit Starbucks from permitting shift supervisors to share in the proceeds placed in collective tip boxes," the appeals court said.
David Lowe, a lawyer for the servers said the case would continue. "We will be looking to the California Supreme Court to fix this error," he said.
On average, shift supervisors make $3 more an hour than servers, supervisor Tameko Aubry told the Times.
Starbucks argued that shift supervisors take customer orders and pour coffee and should be entitled to a share of a store's collective tips.
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Of course the attorney will continue--he's out his fee and likely going to have pay something to the other side for losing.
At restaurants--all the tips are shared--from the waitresses/waiters, cooks, busers, and the hostess to seat you.
If the manager of the restaurant was doing the cooking or the waiting or the busing--they would get their share as well.