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CALIFORNIA STATE RESTAURANT ASSN. v. WHITLOW

Docket No. 38010.

58 Cal.App.3d 340 (1976)

129 Cal. Rptr. 824

CALIFORNIA STATE RESTAURANT ASSOCIATION, Plaintiff and Respondent, v. EVELYN E. WHITLOW, as Chief, etc., Defendant and Appellant.

Court of Appeals of California, First District, Division Four.

May 17, 1976.

Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, and Gordon Zane, Deputy Attorney General, for Defendant and Appellant.

Hawkins, Cooper, Pecherer & Ludvigson, Daryl R. Hawkins, M. Armon Cooper and Nathan Lane III for Plaintiff and Respondent.

OPINION

CALDECOTT, P.J.

The issue presented on this appeal is whether Labor Code section 450 prohibits an employer in the restaurant industry from requiring a minimum wage employee to take meals as part of his compensation and have the value of the meals deducted from the minimum wage without the written consent of the employee. We conclude that such action is prohibited.

On August 26, 1974, appellant Evelyn Whitlow,

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