Section 350 Of Article 1. Gratuities From California Labor Code >> Division 2. >> Part 1. >> Chapter 3. >> Article 1.
350
. 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 aliens and minors,
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.