California Court of Appeal

In an employment matter regarding whether tip pooling in restaurants is prohibited by Labor Code section 351, grant of summary judgment in favor of defendant-casino is affirmed in part and reversed in part where: 1) nothing in Labor Code section 351 prohibited tip pooling in casinos; 2) although sections 351 and 450 contained no private right to sue, they nonetheless served as predicates for suits under the unfair competition law (UCL); and 3) triable factual issue about whether some tip pool recipients were "agents" in contravention of section 351 precluded summary judgment of the UCL cause of action based on that statute only.

Appellate Information

• Decided 01/22/2009
• Published 01/22/2009

Judges

• ALDRICH, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Spiro Moss Barness and Dennis F. Moss, Los Angeles, for Plaintiff and Appellant.


• For Appellees:
  
• Sheppard, Mullin, Richter & Hampton and Tracey A. Kennedy, Los Angeles;  Law Offices of Michael St. Denis and Michael St. Denis, Studio City, for Defendants and Respondents.