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Judge Allows Others to Join Starbucks Lawsuit, Over 11,000 Nationwide Could Seek Overtime Pay

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Case ID: 4607 | Employment | 01/17/2006

U.S. District Judge Keith Ellison ruled that more than 11,000 former and current assistant managers who work at Starbucks around the country can join a lawsuit filed in Houston seeking unpaid overtime wages.

Two Houston-area Starbucks employees filed the suit, claiming the chain required its assistant store managers to work "off the clock," said an employment lawyer handling the case. "They spend most of their time waiting on customers, making coffee and keeping the store tidy. The assistant store managers were told they wouldn't be paid for more than 40 hours a week although their jobs required them to regularly put in more time" said the lawyer representing the former employees.

Since 2002, Starbucks has classified its assistant store managers as non-exempt employees, which makes them eligible for overtime pay.

The lawsuit was filed by James Falcon. Patricia Johnson, a second assistant manager, was later added. Falcon was an assistant store manager who worked about 50 hours a week at various Starbucks around Houston, according to the lawsuit filed in March.

It alleged that while assistant managers are eligible for overtime, the district manager "made it clear" to Falcon that he would face "repercussions" if he claimed overtime. However, Falcon couldn't get all his work done in 40 hours, and the lawsuit said the district manager knew he regularly worked extra hours each week that weren't recorded, according to the lawsuit.

He was also required to pitch in without compensation at catering functions when his store was short of help or an employee called in sick, according to the suit.

Johnson worked at three different Starbucks in Houston. She put in about 50 hours a week, but was paid for 40, her attorney said.

Assistant store managers will not be automatically included in the lawsuit.



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