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HENNING v. INDUSTRIAL WELFARE COM.

Docket No. S005119.

46 Cal.3d 1262 (1988)

762 P.2d 442

252 Cal. Rptr. 278

JOHN F. HENNING, Individually and as Secretary-Treasurer, etc., et al., Petitioners, v. INDUSTRIAL WELFARE COMMISSION et al., Respondents; CALIFORNIA RESTAURANT ASSOCIATION et al., Interveners.

Supreme Court of California.

October 31, 1988.

Attorney(s) appearing for the Case

COUNSEL

Charles P. Scully II, Donald C. Carroll, Mark Rosenbaum, Kathryn Grannis, Fran Bernstein, Carmen Estrada, Mark Greenberg, Dennis W. Hayashi, John True, Patricia Shiu, Christopher Ho, Shauna Marshall, Patrick O. Patterson, Julius L. Chambers, James M. Nabrit III, John Charles Boger and Jon C. Dugan for Petitioners.

William Genego and Lucy White as Amici Curiae on behalf of Petitioners.

Jan T. Chilton, Donald J. Querio, John H. Feldmann III, Severson, Werson, Berke & Melchior and H. Thomas Cadell, Jr., for Respondents.

Stephen W. Solomon, Ralph B. Saltsman and Solomon, Saltsman & Jamieson as Amici Curiae on behalf of Respondents.

Alan S. Levins, Michele J. Silak, Jeffrey M. Tanenbaum and Littler, Mendelson, Fastiff & Tichy for Interveners.

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...

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