Battle "Grande" over Starbucks' Tip Pools Continues to Percolate: The New York State Department of Labor Stirs Things Up

We reported [here] in November on the Second Circuit’s referral of two important Labor Law questions to the New York Court of Appeals in a challenge to Starbucks’ tip-pooling policy.  Briefing is now complete and oral argument is scheduled for next week.

The consolidated appeal, in Barenboim v. Starbucks and Winans v. Starbucks, will clarify Section 196-d of the Labor Law, which prohibits employers and their “agents” from participating in employee tip pools and tip-sharing arrangements.

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