Labor Code Section 351 prohibits employers and their agents from sharing in or keeping any portion of a gratuity left for or given to one or more employees by a patron. Furthermore it is illegal for employers to make wage deductions from gratuities, or from using gratuities as direct or indirect credits against an employee’s wages. The law further states that gratuities are the sole property of the employee or employees to whom they are given. "Gratuity" is defined in the Labor Code as a tip, gratuity, or money 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 for services rendered or for goods, food, drink, articles sold or served to patrons. It also includes any amount paid directly by a patron to a dancer covered by IWC Wage Order 5 or 10.

Prohibited Employment Practices The Fair Employment and Housing Act specifies: * Prohibits discrimination in all aspects of employment including hiring, termination and terms and conditions. * Prohibits harassment of employees or applicants and requires employers to take all reasonable steps to prevent harassment from occurring. * Requires that all employers provide information to each of their employees describing the forms of sexual harassment, its illegality, the internal and external complaint processes and legal remedies. * Requires employers to reasonably accommodate employees or job applicants with disabilities in order to enable them to perform the essential functions of the job. * Requires employers to provide leaves of up to four months to employees disabled because of pregnancy or childbirth. * Requires an employer to provide reasonable accommodations requested by an employee, with the advice of her health care provider, related to her pregnancy, childbirth, or related medical conditions. * Requires employers of 50 or more persons in a 75 mile radius to allow eligible employees to take up to 12 weeks leave in a 12-month period for the birth of a child, the placement of a child for adoption or foster care, for an employee's own serious health condition, or to care for a parent, spouse, or child with a serious health condition. (Employers are required to post a notice informing employees of their family and medical leave rights.) * Requires employment agencies to serve all applicants equally; to refuse discriminatory job orders; to refrain from prohibited pre-employment inquiries or advertising. * Prohibits discrimination by unions in membership or employment referrals. * Prohibits retaliation against any person who has filed a complaint with the Department, participated in a Department investigation or opposed any activity prohibited by the Act. The law provides for a variety of remedies, which may include: * Hiring * Back Pay * Promotion * Reinstatement * Cease and Desist Orders * Damages for Emotional Distress * Reasonable Attorneys Fees and Costs * Expert Witness Fees * Administrative Fines and Court Ordered Punitive Damages Persons who believe they have experienced employment discrimination may file a DFEH complaint. Complaints must be filed within one year from the date of the alleged discrimination. Persons wishing to file a lawsuit directly in court must obtain a "right-to-sue" from DFEH. For information on this process, call The Law Office of Steven Kesten: 415-457-2668.