Davis v. International Coffee and Tea CA4/2
Plaintiff and appellant, Jacob R. Davis, brings this putative class action against his former employer, defendant and respondent, International Coffee and Tea, LLC, (International Coffee), on the theory that the company’s tip-pooling policy violates Labor Code section 351. The trial court sustained International Coffee’s demurrer to the second amended complaint (SAC) without leave to amend. According to the SAC, International Coffee pools tips on a weekly basis and distributes them to service employees based on the number of hours each employee worked that week. We conclude this policy does not violate section 351, and moreover, the statute does not create a cause of action for unfair and unreasonable tip pooling. We hold the court did not err in sustaining the demurrer and affirm.
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