Jameson

Five Feet Restaurant, Inc., appeals from (1) the judgment after a jury trial awarding former employee and server Karla Jameson the sum of $1,075 for Five Feet’s violation of Labor Code section 351; and (2) the permanent injunction issued by the trial court requiring Five Feet to comply with Labor Code section 351.

Labor Code Section 351 prohibits an “employer” or “agent” from collecting, taking or receiving any gratuity given to an employee by a patron. (All further California statutory references are to the Labor Code.) By special verdict, the jury found Five Feet maintained a policy that allowed its owners or agents to collect, take or receive a gratuity, or part of a gratuity, given by patrons to Jameson. The jury also concluded Five Feet’s owners or agents took or received the sum of $1,075 in tips that Jameson received during her employment with Five Feet.

The trial court entered judgment on the jury’s verdict and also issued a permanent injunction that prohibited Five Feet from further violations of section 351 and required Five Feet to pay to other servers gratuities taken by Five Feet’s owners or agents.

Five Feet contends (1) substantial evidence did not…