United States Ninth Circuit

In a Fair Labor Standards Act (FLSA) action claiming unpaid wages, the dismissal of the complaint is affirmed where a restaurant did not violate the FLSA when, despite paying a cash wage greater than the minimum wage, it required its wait staff to participate in a "tip pool" that redistributed some of their tips to the kitchen staff.

Appellate Information

• Argued 10/06/2009
• Decided 02/23/2010
• Published 02/23/2010

Judges

• Before DIARMUID F. O'SCANNLAIN and N. RANDY SMITH, Circuit Judges, and CHARLES R. WOLLE,Senior District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jon M. Egan, Lake Oswego, OR, argued the cause for the appellant and filed briefs., Maria Van Buren, United States Department of Labor, Washington, D .C., argued on behalf of the Secretary of Labor as amicus curiae in support of the appellant. With her on the brief were Carol A. De Deo, Steven J. Mandel, and Paul L. Frieden., Richard J. (Rex) Burch, Bruckner Burch PLLC, Houston, TX, filed a brief on behalf of the National Employment Lawyers Association as amicus curiae in support of the appellant. With him on the brief was Stefano Moscato, National Employment Lawyers Association, San Francisco, CA.


• For Appellees:
  
• Eric A. Lindenauer, Garvey Schubert Barer, Portland, OR, argued the cause for the appellees and filed a brief., Eugene Scalia, Gibson, Dunn & Crutcher LLP, Washington, D.C., filed a brief on behalf of the Nevada Restaurant Association as amicus curiae in support of the appellees. With him on the brief were Jesse A. Cripps, Jr. and Ann S. Robinson, Gibson, Dunn & Crutcher LLP, Los Angeles, CA; and Samuel P. McMullen and Erin McMullen, Snell & Wilmer LLP, Las Vegas, NV., Kevin H. Kono, Davis Wright Tremaine LLP, Portland, OR, filed a brief on behalf of the Oregon Restaurant Association as amicus curiae in support of the appellees.