Bill Text: CA AB3143 | 2023-2024 | Regular Session | Introduced

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Bill Title: Compensation: gratuities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-08-15 - In committee: Held under submission. [AB3143 Detail]

Download: California-2023-AB3143-Introduced.html

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CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 3143

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Introduced by Assembly Member Lowenthal

February 16, 2024

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An act to add Section 352 to the Labor Code, relating to employment.

LEGISLATIVE COUNSEL'S DIGEST

AB 3143, as introduced, Lowenthal. Compensation: gratuities.

Existing law establishes certain requirements relating to gratuities paid to employees, including prohibiting an employer or agent from taking any gratuity that is paid to an employee by a patron or from requiring an employee to credit the amount of a gratuity against the wages due to the employee. Existing law requires an employer to keep accurate records of all gratuities received by the employer and requires that those records be open to inspection by the Department of Industrial Relations. Existing law makes a violation of those provisions by an employer a misdemeanor.

This bill would prohibit an employer or agent from prohibiting, or implementing a policy to prohibit, an employee of a restaurant from receiving any gratuity that is paid, given to, or left for an employee by a patron. Because a violation of the bill’s provisions would be a crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Digest Key

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

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 352 is added to the Labor Code, to read:

352.

 An employer or agent shall not prohibit, or implement a policy to prohibit, an employee of a restaurant from receiving any gratuity that is paid, given to, or left for an employee by a patron.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.