Supreme Court to Review Lu v. Hawaiian Gardens Tip Decision

The California Supreme Court today granted the plaintiff's petition for review in Lu v. Hawaiian Gardens Casino, Inc. (2009) 88 Cal.Rptr.3d 345. The Court limited its review to the following issue:

Does Labor Code section 351, which prohibits employers from taking "any gratuity or part thereof that is paid, given to, or left for an employee by a patron," create a private right of action for employees?

Our post on the Court of Appeal decision is here. The Supreme Court's docket is here.