Bill Text: CA AB1080 | 2017-2018 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public contracts: bid preferences: employee health care coverage.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2018-09-30 - Vetoed by Governor. [AB1080 Detail]

Download: California-2017-AB1080-Introduced.html

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CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 1080

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Introduced by Assembly Member Gonzalez Fletcher

February 16, 2017

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An act to amend Section 350 of the Labor Code, relating to employment.

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.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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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.