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ETHERIDGE v. REINS INTERNATIONAL CALIFORNIA, INC.

No. B205005.

172 Cal.App.4th 908 (2009)

BRAD ETHERIDGE, Plaintiff and Appellant, v. REINS INTERNATIONAL CALIFORNIA, INC., Defendant and Respondent.

Court of Appeals of California, Second District, Division Three.

March 27, 2009.

Attorney(s) appearing for the Case

Kingsley & Kingsley, Eric B. Kingsley, Darren M. Cohen and Brian Levine for Plaintiff and Appellant.

Spiro Moss Barness and Dennis F. Moss for California Employment Lawyers Association as Amicus Curiae on behalf of Plaintiff and Appellant.

Thomas & Associates and Russell J. Thomas, Jr., for Defendant and Respondent.

Law Offices of Steven Drapkin and Steven Drapkin; Paul, Hastings, Janofsky & Walker and Stephen L. Berry for California Restaurant Association and California Hotel & Lodging Association as Amici Curiae on behalf of Defendant and Respondent.

OPINION

CROSKEY, J.—

Tip pooling, a practice by which tips left by patrons at restaurants and other establishments are shared among employees, is a common practice throughout California and the nation. No California statutes expressly address the practice. In this case, restaurant servers challenge the legality of a mandatory tip-pooling arrangement, whereby, as a condition of their employment, the servers must share tips with certain...

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