Butera Law
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2010

2009

2008

Winter

There Is No Need To Whine If They Don’t Carry The Wine

A New Mortgage Lender Law (Oh Yes, There Will be a Day!)

Protection for Cash Deposits

Low Interest Loans, No Interest Loans, Taxes and Other Consequences

Criminal Expungement Becoming Easier

The Queen's English - A Strange Word and Stranger Yet Movie

Fall

Negotiating Tips for Stressful Times

Acquiring Equipment - The Options

Sale of Business Seminar

Managing the Credit Crunch

Are There Any Safe Investments?

Maintaining a Family Limited Partnership

Home Buyers: Beware of Quirk in Standard Form

Summer/Fall

Jurisdiction in the Internet

A Brief Review of Product Warranties for Sellers and Buyers

Know Your Customers

Rental Losses for Real Estate Professionals

Latin Lovers

A Child Custody Alternative: The Parenting Coordinator

Queen's English - Some Off-Beat Words You May Encounter

Summer

Securing Promises to Pay or Perform

For the Elderly: A Reverse Mortgage?

Executing Against and Garnishing Assets

Five Tips to Avoid Bad Debts

Judgment without a Trial: The risks and rewards of Confession of Judgment

Steps to Insure Against Vendor/Supplier Failures

Spring/Summer

A Fair Bet!

Pennsylvania's Implied Warranty of Habitability

Traffic Stops: Keep Your Cool!

Queen's English

The Vanishing MSRP?

Doppio Espresso - And Don't Hold the Caffeine!

Wait Staff Tips and Minimum Wage Laws

Spring

Avoiding Conflicts Between Tenant and Landlord's Bank

A Second Look at Title Insurance

Auto Insurance Tips

Estate Tax Reform?

Federal Removal

Tax Changes for 2008

Terminating Parental Rights

2007

2006

2005

2004

2003

2002

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2000

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1998

1997

1996

 Doppio Espresso - And Don't Hold the Caffeine!

Starbucks has reason to choke on its latte after a California Court awarded $100,000,000 to its baristas as a result of an improper tip-pooling arrangement.  (A barista is one of those people in Starbucks cafes who make up your drinks.  They are apparently hourly employees in most cases.)

  Since the year 2000, Starbucks has employed as many as 120,000 baristas in California alone.  The policy at these cafes has been to divide tips among the hourly employees (the baristas) and the supervisors, who are paid flat salaries.  The total tips received by the supervisors since 2000 was $84,000,000, and with interest the amount exceeds $100,000,000.

  The Court's ruling was based on a statute which provides that tips left for hourly employees may not be "taken" by employers or "agents"; the Court deemed supervisors to be agents of the employer.  That Starbucks has appealed the decision and vigorously challenges the Court's finding should surprise no one; California may be the largest state, but it's only one of 50, and similar lawsuits are being filed across the Country.

  If Starbucks fails to have the ruling reversed, and if other states have similar statutes protecting hourly employees, the cost to Starbucks could be staggering.

  Starbucks' stock has dropped by 50% in value over the past 48 months.  This ruling can only exacerbate its problems.  On the other hand America's thirst for coffee-based drinks seems incapable of being slaked, and it is likely that Starbucks will survive (with or without grumpy supervisors!).

-- Ken Butera

 

                                                                                                                                                                                                   

 

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