Legal Opinion
Cumbie v. Woody Woo, Inc.
Court of Appeals for the Ninth Circuit
Decided February 23, 2010No. 08-35718PublishedCited by 33 opinions
1Opinion of the Court
O’SCANNLAIN, Circuit Judge:
We must decide whether a restaurant violates the Fair Labor Standards Act, when, despite paying a cash wage greater than the minimum wage, it requires its wait staff to participate in a “tip pool” that redistributes some of their tips to the kitchen staff.
I
Misty Cumbie worked as a waitress at the Vita Café in Portland, Oregon, which is owned and operated by Woody Woo, Inc., Woody Woo II, Inc., and Aaron Woo (collectively, “Woo”). Woo paid its servers 1 a cash wage at or exceeding Oregon’s minimum wage, which at the time was $2.10 more than the federal minimum wage.…
2Cases cited15 opinions
- Auer v. RobbinsSupreme Court of the United States · 1997
- Christensen v. Harris CountySupreme Court of the United States · 2000
- Barrentine v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1981
- Ratzlaf v. United StatesSupreme Court of the United States · 1994
- United States v. MenascheSupreme Court of the United States · 1955
10 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Trinidad v. Pret A Manger (USA) Ltd.District Court, S.D. New York · 2013
- Mohammad Jahir v. Ryman Hospitality PropertiesCourt of Appeals for the Fourth Circuit · 2015
- Alec Marsh v. J. Alexander's LLCCourt of Appeals for the Ninth Circuit · 2018
- Levi Strauss & Co. v. Abercrombie & Fitch Trading Co.Court of Appeals for the Ninth Circuit · 2011
- Matao Yokeno v. Sawako SekiguchiCourt of Appeals for the Ninth Circuit · 2014
28 more not listed; retrieve them via the Exa API.