California Court of Appeal
Grodensky v. Artichoke Joe's Casino Inc., A119035
In an action challenging a mandatory tip pool, trial court's judgment is affirmed where: 1) the mandatory tipping pool did not violate Labor Code section 351 or 1194; 2) Labor Code section 351 provides plaintiff with a private right of action to recover tips unlawfully collected by an employer; 3) the remedy of restitution for the amount of tip money given to the shift managers was lawful; and 4) plaintiff had no Unfair Competition Law claim based on alleged violations of Labor Code sections 221 and 450. Portion of the judgment regarding the award of attorney fees to plaintiff is reversed and remanded.
- Decided 03/11/2009
- Published 03/11/2009
- LAMBDEN, J.
- California Court of Appeal
- For Appellees:
- Maureen E. McLain,Robert D. Links, Kauff McClain & McGuire LLP, San Francisco, for Defendants and Appellants, Artichoke Joe's Casino et al., Dennis F. Moss, Spiro Moss Barness LLP, Los Angeles, Andrew R. Kopel, Law Offices of Andrew Kopel, Alameda, for Plaintiff and Respondent, Harvey Grodensky.