1) Gratuities
All tips are the emp
loyee’s property, and cannot be taken by the employer. Labor Code section 350 states unequivocally that “Every gratuity is hereby declared to be the sole property of the employee or employees for whom it was paid, given or left for.” In addition, Labor Code section 351 clearly states that “[n]o 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 any amount from wages due an employee on account of a gratuity, or require an employee to credit the amount, or any part thereof, of a gratuity against and as a part of the wages due the employee from the employer.” For more information about gratuities, click here.
2) Costs of photographs
Labor Code section 401 prohibits the employer from requiring employees to submit a photograph from an applicant or an employee without paying for the cost of the photograph.
3) Cost of uniforms
Employers are required to pay for the costs of uniforms. Now, what qualifies as a uniform? That’s a more difficult question.
4) Business expenses
Labor Code section 2802 prohibits employers from passing on the costs of running a business to an employee. Therefore, an employer must reimburse its employees for any costs incurred by the employee that is in direct consequence of the employee’s work. The primary example of this requirement is that employers must reimburse employees for mileage driven in their personal cars for work errands.
5) Cost for medical or physical exams
If an employer requires an employee or applicant to undergo a medical or physical examination as a condition of employment, the employer must pay for the exam as required by Labor Code section 222.5.
Photo: Kevin Dooley