Supreme Court of California

In a card dealer's suit against his casino employer, claiming that the casino's mandatory tip pooling policy constituted conversion of his tips and violated Labor Code section 351, court of appeal's affirmance of the trial court's conclusion that section 351 does not provide a private cause of action for employees to recover any misappropriated tips from employers is affirmed as, based on the review of section 351's legislative history, there is no clear indication that the Legislature intended to create a private cause of action under the statute.

Appellate Information

• Decided 08/09/2010
• Published 08/09/2010

Judges

• CHIN, J.

Court

• Supreme Court of California

Counsel

• For Appellant:
  
• Dennis F. Moss, Tracey A. Kennedy