KEY LABOR CODE SECTIONS

The State of California Labor Commissioner’s Office supplied the following information:

LABOR CODE SECTION 243:

Provides that if, within ten years of either a conviction for violation of this article or of failing to satisfy a Judgment for nonpayment of wages, it is alleged that an employer on a second occasion has been convicted again of violating this article or is failing to satisfy a judgment for nonpayment of wages, an employee or the employee's legal representative may bring an action for a temporary restraining order prohibiting the employer from doing business in this state unless the employer deposits with the court a bond to secure compliance by the employer with this article or to satisfy the judgment for nonpayment of wages.

LABOR CODE SECTION 351:

Prohibits employers and their agents from sharing in or keeping any portions of a gratuity left for or given to one or more employees by a patron.

Employers are prohibited from making wage deductions from gratuities or from using them as a direct or indirect credit against the employee's wage.

The section does not prohibit involuntary tip pooling as long as the employer does not share in or retain any part of the gratuity.

This section does not apply to any employment in which an employee on behalf of his employer makes no charge to a patron if:

1. The employee is receiving a wage or salary not less than the higher of the state or federal

minimum wage;

2. The employee's wage or salary is guaranteed and paid in full irrespective of the amount of tips

received by the employee.

LABOR CODE SECTION 432.2:

Provides that no employer shall demand or require any applicant for employment or any employee to submit to or take a polygraph, lie detector or similar test or examination as a condition of employment or continued employment.