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"  While the tip jar itself isn&amp;#039;t an official Starbucks mandate, according to New York State law, the sharing of the profits should be \u2014 with the exception of certain employees. Yesterday, the New York State Court of Appeals decided that shift supervisors at Starbucks may share in the baristas&amp;#039; tip pool, but assitant managers may not. More From Delish: Uproar Over &amp;quot;Toilet Water&amp;quot; Used in Beverages at Hong Kong Starbucks According to the New York Times, the state court issued an advisory opinion to the Second Circuit, analyzing the New York State labor law. Their interpretation of the law is that Starbucks shift supervisors act much like restaurant captains, who oversee the staff, and under New York State law they are allowed to get a portion of the tips. The court determined that assistant store managers at Starbucks, however, are not the type of employees who should share the profits from the tip jar. More From Delish: Starbucks Around the World: From the Highest to the Cutest It is up to the Second Circuit to make the final judgement, and if they follow the suggestion of the New York State Court of Appeals, the ruling will not only affect Starbucks employees, but, according to the New York Times &amp;quot;tens of thousands of restaurant workers throughout the state.&amp;quot; The court sided with Starbucks, which had already said that the tips are rounded up at the end of each week, stored in a safe, then distributed to baristas and shift supervisors based on the number of hours each employee logged that week. Assistant manager Jeana Barenboim had challenged the company policy, which excluded assistant managers from the tip jar, by suing Starbucks. The reasoning behind the advisement is that the court determined the work that the shift supervisors did was similar to the baristas, and they have limited authority when compared to the assistant store managers. The state Court of Appeals wrote, &amp;quot;There comes a point at which the degree of managerial responsibility becomes so substantial that the individual can no longer fairly be characterized as an employee similar to general wait staff.&amp;quot; Do you think Starbucks assistant managers should be allowed to take some of the earnings from the tip jar? Find more great food content on Delish:   Search for the perfect recipe from our homepage Find out the latest food news Get a recipe book to save your favorite dishes Sign up for our free newsletters Check us out on Facebook, Pinterest, and Twitter  "^^<http://www.w3.org/2001/XMLSchema#string>
<http://www.delish.com/food/news/a37605/court-says-starbucks-tip-jar-not-for-assistant-managers/>