Henning v. Industrial Welfare Commission

Opinion

MOSK, J.

We granted review in this proceeding to answer a question that is urgent and of statewide importance: whether Order No. MW-88 of the Industrial Welfare Commission (hereinafter the IWC or Commission), which established, effective July 1, 1988, a so-called “two-tier” minimum wage system containing a lower, “alternative minimum wage” for certain employees who customarily receive tips, is barred by Labor Code section 351 (hereinafter section 351). As we shall explain, we conclude that the question must be answered in the affirmative.

I. The Facts

On December 18, 1987, the IWC adopted…