Legal Opinion
Louie Hung Kwei Lu v. Hawaiian Gardens Casino, Inc.
California Supreme Court
Decided August 9, 2010No. S171442PublishedCited by 63 opinions
1Opinion of the Court
Opinion
CHIN, J.
Labor Code 1 section 351 prohibits employers from taking any gratuity patrons leave for their employees, and declares that such gratuity is “the sole property of the employee or employees to whom it was paid, given, or left for.” A number of Courts of Appeal have held that this prohibition, at least in the restaurant context, does not extend to employer-mandated tip pooling, whereby employees must pool and share their tips with other employees. (See Leighton v. Old Heidelberg, Ltd. (1990) 219 Cal.App.3d 1062, 1067 [268 Cal.Rptr. 647] (Leighton); see also Etheridge v. Reins…
2Cases cited18 opinions
- Moradi-Shalal v. Fireman's Fund Ins. CompaniesCalifornia Supreme Court · 1988
- Royal Globe Insurance v. Superior CourtCalifornia Supreme Court · 1979
- People v. MendozaCalifornia Supreme Court · 2000
- Cal. Drive-In Restaurant Assn. v. ClarkCalifornia Supreme Court · 1943
- Katzberg v. Regents of University of CaliforniaCalifornia Supreme Court · 2002
13 more not listed; retrieve them via the Exa API.
3Cited by63 opinions
- Fresno Motors, LLC v. Mercedes-Benz USA, LLCCourt of Appeals for the Ninth Circuit · 2014
- Gomes v. Countrywide Home Loans, Inc.California Court of Appeal · 2011
- Jenkins v. JPMorgan Chase Bank, N.A.California Court of Appeal · 2013
- Voris v. LampertCalifornia Supreme Court · 2019
- Regents of University v. Superior CourtCalifornia Court of Appeal · 2013
58 more not listed; retrieve them via the Exa API.