Misty CUMBIE, on behalf of herself and all others similarly situated, Plaintiff-Appellant,
v.
WOODY WOO, INC., an Oregon corporation, DBA Vita Café; Woody Woo II, Inc., an Oregon corporation, DBA Delta Café; Aaron Woo, an individual, Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted October 6, 2009.
Filed February 23, 2010.
Attorney(s) appearing for the Case
Jon M. Egan, Lake Oswego, OR, argued the cause for the appellant and filed briefs.
Eric A. Lindenauer, Garvey Schubert Barer, Portland, OR, argued the cause for the appellees and filed a brief.
Maria Van Buren, United States Department of Labor, Washington, DC, argued on behalf of the Secretary of Labor as amicus curiae in support of the appellant. With her on the brief were Carol A. De Deo, Steven J. Mandel, and Paul L. Frieden.
Richard J. (Rex) Burch, Bruckner Burch PLLC, Houston, TX, filed a brief on behalf of the National Employment Lawyers Association as amicus curiae in support of the appellant. With him on the brief was Stefano Moscato, National Employment Lawyers Association, San Francisco, CA.
Eugene Scalia, Gibson, Dunn & Crutcher LLP, Washington, DC, filed a brief on behalf of the Nevada Restaurant Association as amicus curiae in support of the appellees. With him on the brief were Jesse A. Cripps, Jr. and Ann S. Robinson, Gibson, Dunn & Crutcher LLP, Los Angeles, CA; and Samuel P. McMullen and Erin McMullen, Snell & Wilmer LLP, Las Vegas, NV.
Kevin H. Kono, Davis Wright Tremaine LLP, Portland, OR, filed a brief on behalf of the Oregon Restaurant Association as amicus curiae in support of the appellees.
Before: DIARMUID F. O'SCANNLAIN and N. RANDY SMITH, Circuit Judges, and CHARLES R. WOLLE, Senior District Judge.
United States Court of Appeals, Ninth Circuit.
O'SCANNLAIN, Circuit Judge:
We must decide whether a restaurant violates the Fair Labor Standards Act, when, despite paying a cash wage greater than the minimum wage, it requires its wait staff to participate in a "tip pool" that redistributes some of their tips to the kitchen staff.
I
Misty Cumbie worked as a waitress at the Vita Café in Portland, Oregon, which is owned and operated by Woody Woo, Inc., Woody Woo II, Inc., and Aaron Woo (collectively...
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