LOUIE HUNG KWEI LU, Plaintiff and Appellant,
v.
HAWAIIAN GARDENS CASINO, INC., et al., Defendants and Respondents.
Supreme Court of California.https://leagle.com/images/logo.png
August 9, 2010.
August 9, 2010.
Attorney(s) appearing for the Case
Spiro Moss Barness, Spiro Moss, Dennis F. Moss; Law Offices of Andrew Kopel and Andrew Kopel for Plaintiff and Appellant.
Arbogast & Berns and David Arbogast for Consumer Attorneys of California as Amicus Curiae on behalf of Plaintiff Appellant.
Sheppard, Mullin, Richter & Hampton, Tracey A. Kennedy; Law Offices of Michael St. Denis and Michael St. Denis for Defendants and Respondents.
Winston & Strawn, Anna Segobia Masters and Jennifer Rappoport for California Gaming Association as Amicus Curiae on behalf of Defendants and Respondents.
Supreme Court of California.
OPINION
CHIN, J. —
Labor Code1 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...
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