Etheridge v. Reins International California, Inc.

KLEIN, P. J., Concurring and Dissenting.

I concur in part 1. of the majority opinion, allowing plaintiff and appellant Brad Etheridge (Etheridge) to pursue the instant appeal. I otherwise dissent.

It is my view that employees who do not render direct table service may not share in the proceeds of an employer-mandated tip pool. I would hold Etheridge properly pled a cause of action against the employer for its mandatory tip-pooling policy which required him to share tips with employees who “do not provide direct table service and are back of the house employees.” Because the complaint is well…