CHAPTER 3. Privileges and Perquisites [350. - 452.]

Chapter 3 enacted by Stats. 1937, Ch. 90.

§§ 350–452 · 31 sections

1. ARTICLE 1. Gratuities §§ 350–356 · 6 sections

   • § 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…
   • § 351 (a) No employer or agent shall collect, take, or receive any gratuity or a part thereof that is paid, given to, or left for an employee by a patron, or deduct…
   • § 353 Every employer shall keep accurate records of all gratuities received by him, whether received directly from the employee or indirectly by means of deductions…
   • § 354 Any employer who violates any provision of this article is guilty of a misdemeanor, punishable by a fine not exceeding one thousand dollars ($1,000) or by…
   • § 355 The Department of Industrial Relations shall enforce the provisions of this article. All fines collected under this article shall be paid into the State…
   • § 356 The Legislature expressly declares that the purpose of this article is to prevent fraud upon the public in connection with the practice of tipping and declares…
2. ARTICLE 2. Bonds and Photographs §§ 400–410 · 11 sections

   • § 400 As used in this article, “applicant” means an applicant for employment.
   • § 401 If a bond or photograph of an employee or applicant is required by any employer, the cost thereof shall be paid by the employer.
   • § 402 No employer shall demand, exact, or accept any cash bond from any employee or applicant unless: (a) The employee or applicant is entrusted with property of an…
   • § 403 If cash is received as a bond it shall be deposited in a savings account in a bank authorized to do business in this State, and may be withdrawn only upon the…
   • § 404 Any money put up as a bond under Sections 401, 402 and 403: (a) Is not subject to enforcement of a money judgment except in an action between the employer and…
   • § 405 Any property put up by any employee or applicant as a bond shall not be used for any purpose other than liquidating accounts between the employer and employee…
   • § 406 Any property put up by an employee, or applicant as a part of the contract of employment, directly or indirectly, shall be deemed to be put up as a bond and is…
   • § 407 Investments and the sale of stock or an interest in a business in connection with the securing of a position are illegal as against the public policy of the…
   • § 408 Any person or agent or officer thereof, who violates any provision of this article, except the provisions of Section 405, is guilty of a misdemeanor,…
   • § 409 All fines imposed and collected under this article shall be paid into the State treasury and credited to the general fund.
   • § 410 The Labor Commissioner shall enforce this article.
3. ARTICLE 3. Contracts and Applications for Employment §§ 430–435 · 11 sections

   • § 430 As used in this article “applicant” means an applicant for employment.
   • § 432 If an employee or applicant signs any instrument relating to the obtaining or holding of employment, he shall be given a copy of the instrument upon request.
   • § 432.2 (a) No employer shall demand or require any applicant for employment or prospective employment or any employee to submit to or take a polygraph, lie detector…
   • § 432.3 (a) An employer shall not rely on the salary history information of an applicant for employment as a factor in determining whether to offer employment to an…
   • § 432.5 No employer, or agent, manager, superintendent, or officer thereof, shall require any employee or applicant for employment to agree, in writing, to any term or…
   • § 432.6 (a) A person shall not, as a condition of employment, continued employment, or the receipt of any employment-related benefit, require any applicant for…
   • § 432.7 (a) (1) An employer, whether a public agency or private individual or corporation, shall not ask an applicant for employment to disclose, through any written…
   • § 432.8 The limitations on employers and the penalties provided for in Section 432.7 shall apply to a conviction for violation of subdivision (b) or (c) of Section…
   • § 433 Any person violating this article is guilty of a misdemeanor.
   • § 434 The provisions of this article shall not apply to applications for employment filed with common carriers by railroad subject to the act of Congress known as…
   • § 435 (a) No employer may cause an audio or video recording to be made of an employee in a restroom, locker room, or room designated by an employer for changing…
4. ARTICLE 4. Purchases §§ 450–452 · 3 sections

   • § 450 (a) No employer, or agent or officer thereof, or other person, may compel or coerce any employee, or applicant for employment, to patronize his or her…
   • § 451 Any person, or agent or officer thereof, who violates this article is guilty of a misdemeanor.
   • § 452 Nothing in this article shall prohibit an employer from prescribing the weight, color, quality, texture, style, form and make of uniforms required to be worn…