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In Winan v. Starbucks (SDNY 2011), five former assistant store managers sued Starbucks claiming that they were entitled to share in the "tip jar" monies left by customers. Starbucks had a policy that permitted only baristas and shift supervisors to share in the tip jar money. The ASMs argued that, despite their title, their duties required them to perform the same or similar job functions as the baristas and shift supervisors and, therefore, they should be permitted to share in the tips. The judge disagreed. Judge Swain granted a motion for summary judgment in Starbucks' favor.
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