§ 350. — 350. (Amended by Stats. 2021, Ch. 296, Sec. 38.)

California § 350.

• Jurisdiction: California
• Code LAB: Labor Code - LAB
• Div. 2.: DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION
• Part 1.: PART 1. COMPENSATION
• Ch. 3.: CHAPTER 3. Privileges and Perquisites
• Art. 1.: ARTICLE 1. Gratuities

Text

As used in this article, unless the context indicates otherwise:
(a)
“Employer” means every person engaged in any 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 minors and persons who are not citizens or nationals of the United States, rendering actual service in any 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.

Legislative History

Amended by Stats. 2021, Ch. 296, Sec. 38. (AB 1096) Effective January 1, 2022.