Clearing up a key question over tip-pooling lawsuits, the California Supreme Court decided Monday that a card dealer didn’t have a private right to sue his casino for forcing him to share some of his tips with other employees.
Employment lawyers said it would shut down class action litigation brought under Labor Code §351 — which says tips belong to employees — because the court said that section doesn’t contain a private right of action. But other avenues are probably still available to workers, as the court’s opinion noted, and the Legislature could create new ones.
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