Cox's Restaurant, Inc. v. Commonwealth
Cox's Restaurant, Inc. v. Commonwealth
Opinion of the Court
Opinion by
Cox’s Restaurant (Employer) has filed two petitions for review from separate orders of the Unemployment Compensation Board of Review (Board) granting benefits to Kathleen Andreano (Claimant).. By order of this Court, dated August 15, 1977, these cases were consolidated.
The Employer first challenges the determination of the Board that Claimant is entitled to benefits pursuant to Section 402(b) (1) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §802(b) (1).
During March of 1976, Claimant, who worked as a waitress for Employer, was afflicted by a leg ailment* Her last day of employment was March 13, 1976. Claimant did contact her Employer in April of 1976.
The Employer next challenges the Board’s inclusion of Claimant’s tips as wages so as to render her eligible for benefits pursuant to Section 401(a) of the Unemployment Compensation Law, 43 P.S. §801 (a).
According to established procedure, Claimant and all other employees relinquished all tips to a cashier who gave them to the Employer. He retained them and subsequently made deductions for tax purposes. They were then redistributed to the waitresses with their regular pay. It is the Employer’s contention that it acted merely as an administrative conduit for these funds and exercised no significant control over them and, therefore, the tips do not qualify as wages under Section 4(x) of the Unemployment Compensation Law, 43 P.S. §753(x). However, the Board determined that Employer exercised supervision and control over the
Order
And Now, this 18th day of October, 1978, the orders of the Unemployment Board of Review, Decision No. B-142957, dated March 30, 1977, and Decision No. B-143434-B, dated July 15, 1977, granting benefits to, Kathleen Andreano are affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.