BILL NUMBER: AB 1398	INTRODUCED
	BILL TEXT


INTRODUCED BY   Committee on Labor and Employment (Swanson (Chair),
Alejo, Allen, Furutani, and Yamada)

                        FEBRUARY 28, 2011

   An act to amend Section 351 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1398, as introduced, Committee on Labor and Employment.
Compensation: gratuities.
   Existing law prohibits an employer or agent from collecting,
taking, or receiving any gratuity or a part thereof that is paid,
given to, or left for an employee by a patron, or deducting any
amount from wages due an employee on account of a gratuity, or
requiring an employee to credit the amount, or any part thereof, of a
gratuity against and as a part of the wages due the employee from
the employer. Existing law declares that every gratuity is the sole
property of the employee or employees to whom it was paid, given, or
left for.
   This bill would make nonsubstantive changes to those provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 351 of the Labor Code is amended to read:
   351.   No   An  employer or agent shall
 not  collect, take, or receive any gratuity or a part
thereof that is paid, given to, or left for an employee by a patron,
or deduct any amount from wages due an employee on account of a
gratuity, or require an employee to credit the amount, or any part
thereof, of a gratuity against and as a part of the wages due the
employee from the employer. Every gratuity is hereby declared to be
the sole property of the employee or employees to whom it was paid,
given, or left for. An employer that permits patrons to pay
gratuities by credit card shall pay the  employees 
 employee  the full amount of the gratuity that the patron
indicated on the credit card slip, without any deductions for any
credit card payment processing fees or costs that may be charged to
the employer by the credit card company. Payment of gratuities made
by patrons using credit cards shall be made to the  employees
  employee  not later than the next regular payday
following the date the patron authorized the credit card payment.