In Winans v. Starbucks, a class action suit was commenced by assistant managers seeking their share of tips. Starbucks argued that the assistant managers are management employees, and thus not entitled to tips. In response to the complaint, Starbucks produced declarations from 16 assistant managers describing their duties and responsibilities. The plaintiffs wanted to question those assistant managers regarding their conversations with Starbucks’ attorneys.
Plaintiffs argued that the assistant managers were not covered by the attorney-client privilege because the attorneys did not represent the assistant managers that provided the declarations, or that the privilege was waived. These arguments were rejected by the court.
The court noted that the privilege belonged to Starbucks, and only Starbucks could waive the privilege. The court continued by noting that Starbucks, and its attorneys, had a right to question its employees, and thus any contact was protected by the attorney-client privilege.
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