CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1080Introduced by Assembly Member Gonzalez FletcherFebruary 16, 2017 An act to amend Section 350 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTAB 1080, as introduced, Gonzalez Fletcher. Gratuities.Existing law prohibits an employer or agent from collecting, taking, or receiving any gratuity or part thereof that is paid, given to, or left for an employee by a patron. Existing law defines the terms employer, employee, and gratuity, among others, for purposes of these provisions.This bill would make nonsubstantive changes to the definitions in these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 350 of the Labor Code is amended to read:350. As used in this article, unless the context indicates otherwise:(a) Employer means every person engaged in any a business or enterprise in this state that has one or more persons in service under any appointment, contract of hire, or apprenticeship, express or implied, oral or written, irrespective of whether the person is the owner of the business or is operating on a concessionaire or other basis.(b) Employee means every person, including aliens and minors, rendering actual service in any a business for an employer, whether gratuitously or for wages or pay, whether the wages or pay are measured by the standard of time, piece, task, commission, or other method of calculation, and whether the service is rendered on a commission, concessionaire, or other basis.(c) Employing includes hiring, or in any way contracting for, the services of an employee.(d) Agent means every person other than the employer having the authority to hire or discharge any employee or supervise, direct, or control the acts of employees.(e) Gratuity includes any tip, gratuity, money, or part thereof that has been paid or given to or left for an employee by a patron of a business over and above the actual amount due the business for services rendered or for goods, food, drink, or articles sold or served to the patron. Any amounts paid directly by a patron to a dancer employed by an employer subject to Industrial Welfare Commission Order No. 5 or 10 shall be deemed a gratuity.(f) Business means any business establishment or enterprise, regardless of where conducted.
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1080Introduced by Assembly Member Gonzalez FletcherFebruary 16, 2017 An act to amend Section 350 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTAB 1080, as introduced, Gonzalez Fletcher. Gratuities.Existing law prohibits an employer or agent from collecting, taking, or receiving any gratuity or part thereof that is paid, given to, or left for an employee by a patron. Existing law defines the terms employer, employee, and gratuity, among others, for purposes of these provisions.This bill would make nonsubstantive changes to the definitions in these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 1080
Introduced by Assembly Member Gonzalez FletcherFebruary 16, 2017
Introduced by Assembly Member Gonzalez Fletcher
February 16, 2017
An act to amend Section 350 of the Labor Code, relating to employment.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1080, as introduced, Gonzalez Fletcher. Gratuities.
Existing law prohibits an employer or agent from collecting, taking, or receiving any gratuity or part thereof that is paid, given to, or left for an employee by a patron. Existing law defines the terms employer, employee, and gratuity, among others, for purposes of these provisions.This bill would make nonsubstantive changes to the definitions in these provisions.
Existing law prohibits an employer or agent from collecting, taking, or receiving any gratuity or part thereof that is paid, given to, or left for an employee by a patron. Existing law defines the terms employer, employee, and gratuity, among others, for purposes of these provisions.
This bill would make nonsubstantive changes to the definitions in these provisions.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 350 of the Labor Code is amended to read:350. As used in this article, unless the context indicates otherwise:(a) Employer means every person engaged in any a business or enterprise in this state that has one or more persons in service under any appointment, contract of hire, or apprenticeship, express or implied, oral or written, irrespective of whether the person is the owner of the business or is operating on a concessionaire or other basis.(b) Employee means every person, including aliens and minors, rendering actual service in any a business for an employer, whether gratuitously or for wages or pay, whether the wages or pay are measured by the standard of time, piece, task, commission, or other method of calculation, and whether the service is rendered on a commission, concessionaire, or other basis.(c) Employing includes hiring, or in any way contracting for, the services of an employee.(d) Agent means every person other than the employer having the authority to hire or discharge any employee or supervise, direct, or control the acts of employees.(e) Gratuity includes any tip, gratuity, money, or part thereof that has been paid or given to or left for an employee by a patron of a business over and above the actual amount due the business for services rendered or for goods, food, drink, or articles sold or served to the patron. Any amounts paid directly by a patron to a dancer employed by an employer subject to Industrial Welfare Commission Order No. 5 or 10 shall be deemed a gratuity.(f) Business means any business establishment or enterprise, regardless of where conducted.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 350 of the Labor Code is amended to read:350. As used in this article, unless the context indicates otherwise:(a) Employer means every person engaged in any a business or enterprise in this state that has one or more persons in service under any appointment, contract of hire, or apprenticeship, express or implied, oral or written, irrespective of whether the person is the owner of the business or is operating on a concessionaire or other basis.(b) Employee means every person, including aliens and minors, rendering actual service in any a business for an employer, whether gratuitously or for wages or pay, whether the wages or pay are measured by the standard of time, piece, task, commission, or other method of calculation, and whether the service is rendered on a commission, concessionaire, or other basis.(c) Employing includes hiring, or in any way contracting for, the services of an employee.(d) Agent means every person other than the employer having the authority to hire or discharge any employee or supervise, direct, or control the acts of employees.(e) Gratuity includes any tip, gratuity, money, or part thereof that has been paid or given to or left for an employee by a patron of a business over and above the actual amount due the business for services rendered or for goods, food, drink, or articles sold or served to the patron. Any amounts paid directly by a patron to a dancer employed by an employer subject to Industrial Welfare Commission Order No. 5 or 10 shall be deemed a gratuity.(f) Business means any business establishment or enterprise, regardless of where conducted.
SECTION 1. Section 350 of the Labor Code is amended to read:
### SECTION 1.
350. As used in this article, unless the context indicates otherwise:(a) Employer means every person engaged in any a business or enterprise in this state that has one or more persons in service under any appointment, contract of hire, or apprenticeship, express or implied, oral or written, irrespective of whether the person is the owner of the business or is operating on a concessionaire or other basis.(b) Employee means every person, including aliens and minors, rendering actual service in any a business for an employer, whether gratuitously or for wages or pay, whether the wages or pay are measured by the standard of time, piece, task, commission, or other method of calculation, and whether the service is rendered on a commission, concessionaire, or other basis.(c) Employing includes hiring, or in any way contracting for, the services of an employee.(d) Agent means every person other than the employer having the authority to hire or discharge any employee or supervise, direct, or control the acts of employees.(e) Gratuity includes any tip, gratuity, money, or part thereof that has been paid or given to or left for an employee by a patron of a business over and above the actual amount due the business for services rendered or for goods, food, drink, or articles sold or served to the patron. Any amounts paid directly by a patron to a dancer employed by an employer subject to Industrial Welfare Commission Order No. 5 or 10 shall be deemed a gratuity.(f) Business means any business establishment or enterprise, regardless of where conducted.
350. As used in this article, unless the context indicates otherwise:(a) Employer means every person engaged in any a business or enterprise in this state that has one or more persons in service under any appointment, contract of hire, or apprenticeship, express or implied, oral or written, irrespective of whether the person is the owner of the business or is operating on a concessionaire or other basis.(b) Employee means every person, including aliens and minors, rendering actual service in any a business for an employer, whether gratuitously or for wages or pay, whether the wages or pay are measured by the standard of time, piece, task, commission, or other method of calculation, and whether the service is rendered on a commission, concessionaire, or other basis.(c) Employing includes hiring, or in any way contracting for, the services of an employee.(d) Agent means every person other than the employer having the authority to hire or discharge any employee or supervise, direct, or control the acts of employees.(e) Gratuity includes any tip, gratuity, money, or part thereof that has been paid or given to or left for an employee by a patron of a business over and above the actual amount due the business for services rendered or for goods, food, drink, or articles sold or served to the patron. Any amounts paid directly by a patron to a dancer employed by an employer subject to Industrial Welfare Commission Order No. 5 or 10 shall be deemed a gratuity.(f) Business means any business establishment or enterprise, regardless of where conducted.
350. As used in this article, unless the context indicates otherwise:(a) Employer means every person engaged in any a business or enterprise in this state that has one or more persons in service under any appointment, contract of hire, or apprenticeship, express or implied, oral or written, irrespective of whether the person is the owner of the business or is operating on a concessionaire or other basis.(b) Employee means every person, including aliens and minors, rendering actual service in any a business for an employer, whether gratuitously or for wages or pay, whether the wages or pay are measured by the standard of time, piece, task, commission, or other method of calculation, and whether the service is rendered on a commission, concessionaire, or other basis.(c) Employing includes hiring, or in any way contracting for, the services of an employee.(d) Agent means every person other than the employer having the authority to hire or discharge any employee or supervise, direct, or control the acts of employees.(e) Gratuity includes any tip, gratuity, money, or part thereof that has been paid or given to or left for an employee by a patron of a business over and above the actual amount due the business for services rendered or for goods, food, drink, or articles sold or served to the patron. Any amounts paid directly by a patron to a dancer employed by an employer subject to Industrial Welfare Commission Order No. 5 or 10 shall be deemed a gratuity.(f) Business means any business establishment or enterprise, regardless of where conducted.
350. As used in this article, unless the context indicates otherwise:
(a) Employer means every person engaged in any a business or enterprise in this state that has one or more persons in service under any appointment, contract of hire, or apprenticeship, express or implied, oral or written, irrespective of whether the person is the owner of the business or is operating on a concessionaire or other basis.
(b) Employee means every person, including aliens and minors, rendering actual service in any a business for an employer, whether gratuitously or for wages or pay, whether the wages or pay are measured by the standard of time, piece, task, commission, or other method of calculation, and whether the service is rendered on a commission, concessionaire, or other basis.
(c) Employing includes hiring, or in any way contracting for, the services of an employee.
(d) Agent means every person other than the employer having the authority to hire or discharge any employee or supervise, direct, or control the acts of employees.
(e) Gratuity includes any tip, gratuity, money, or part thereof that has been paid or given to or left for an employee by a patron of a business over and above the actual amount due the business for services rendered or for goods, food, drink, or articles sold or served to the patron. Any amounts paid directly by a patron to a dancer employed by an employer subject to Industrial Welfare Commission Order No. 5 or 10 shall be deemed a gratuity.
(f) Business means any business establishment or enterprise, regardless of where conducted.