California 2017-2018 Regular Session Status: Passed Assembly

AB 1099 — Compensation: gratuities.

Last action — In committee: Set, first hearing. Hearing canceled at the request of author.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law prohibits an employer or agent, as defined, from collecting, taking, or receiving any gratuity or a part thereof that is paid, given to, or left for an employee, as defined, by a patron, or deducting any amount from wages due an employee on account of a gratuity, or requiring 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. Existing law declares a gratuity the sole property of the employee or employees to whom it was paid, given, or left for. Existing law requires an employer that permits patrons to pay gratuities by credit card to pay the employees the full amount of the gratuity that the patron indicated on the credit card slip, without any deductions for any credit card payment processing fees or costs that may be charged to the employer by the credit card company. Existing law requires an employer to keep accurate records of all gratuities received by the employer and requires that these records be open to inspection at all reasonable hours by the Department of Industrial Relations. Existing law requires the department to enforce these provisions, and an employer who violates these provisions is guilty of a misdemeanor. This bill would also require an entity, as defined, that permits a patron to pay for services performed by a worker by debit or credit card to also accept a debit or credit card for payment of gratuity. The bill would require payment of a gratuity made by a patron using a debit or credit card to be made to the worker not later than the next regular payday following the date the patron authorized the debit or credit card payment. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. In committee: Set, first hearing. Hearing canceled at the request of author.

  2. Referred to Com. on L. & I.R.

  3. In Senate. Read first time. To Com. on RLS. for assignment.

  4. Read third time. Passed. Ordered to the Senate. (Ayes 46. Noes 25. Page 1989.)

  5. Read second time. Ordered to third reading.

  6. Assembly Rule 63 suspended. (Ayes 52. Noes 24. Page 1776.)

  7. Read second time and amended. Ordered returned to second reading.

  8. From committee: Amend, and do pass as amended. (Ayes 11. Noes 5.) (May 26).

  9. In committee: Set, first hearing. Referred to APPR. suspense file.

  10. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 19). Re-referred to Com. on APPR.

  11. Re-referred to Com. on L. & E.

  12. From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.

  13. In committee: Set, first hearing. Hearing canceled at the request of author.

  14. Referred to Com. on L. & E.

  15. From printer. May be heard in committee March 21.

  16. Read first time. To print.

Sponsors

  • Gonzalez Fletcher · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 7 voted No

Sponsors (1)

  • Gonzalez Fletcher

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 1099 GONZALEZ FLETCHER Assembly Third Reading

Passed 46 Yea · 25 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 321906
Democratic 12301
Republican 2302
Total 462509
% of votes cast 58%31%0%11%
How each member voted (80)
Member Party Vote
Acosta — Nay
Bigelow — Nay
Bloom — Yea
Brough — Nay
Holden — Yea
Jones-Sawyer — Yea
Maienschein — Nay
Mathis — Nay
Nazarian — Yea
Rendon — Yea
Rodriguez — Yea
Thurmond — Yea
Ting — Not Voting
Weber — Yea
Cooper — Not Voting
Eggman — Not Voting
Cunningham — Yea
Dababneh — Nay
Daly — Nay
Frazier — Nay
Gomez — Yea
Chiu — Yea
Rubio — Yea
Salas — Yea
Bocanegra — Yea
Friedman — Yea
Burke — Not Voting
Gonzalez Fletcher — Yea
Gloria — Yea
Harper — Nay
Chau — Yea
Kiley — Nay
Levine — Nay
Low — Nay
Mayes — Nay
Gray — Not Voting
McCarty — Yea
Medina — Yea
Melendez — Not Voting
Baker — Yea
Chu — Yea
Chávez — Nay
Cooley — Yea
Mullin — Yea
O'Donnell — Yea
Obernolte — Nay
Quirk — Yea
Ridley-Thomas — Yea
Santiago — Yea
Steinorth — Nay
Voepel — Nay
Waldron — Nay
Wood — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Travis Allen — Nay
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Nay
Berman, Marc Democratic Not Voting
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Nay
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Nay
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Yea
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Yea
Patterson, Joe Republican Nay

Official roll call →

Do pass as amended.

Passed 11 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 7301
Democratic 4100
Republican 0100
Total 11501
% of votes cast 65%29%0%6%
How each member voted (17)
Member Party Vote
Bigelow — Nay
Bloom — Yea
Brough — Nay
Quirk — Yea
Friedman — Yea
Gonzalez Fletcher — Yea
Bocanegra — Yea
Gray — Not Voting
McCarty — Yea
Obernolte — Nay
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Nay
Muratsuchi, Al Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Nay

Official roll call →

Subjects

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Frequently asked questions

What does AB 1099 do?
Existing law prohibits an employer or agent, as defined, from collecting, taking, or receiving any gratuity or a part thereof that is paid, given to, or left for an employee, as defined, by a patron, or deducting any amount from wages due an employee on account of a gratuity, or requiring 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. Existing law declares a gratuity the sole property of the employee or employees to whom it was paid, given, or left for. Existing law requires an employer that permits patrons to pay gratuities by credit card to pay the employees the full amount of the gratuity that the patron indicated on the credit card slip, without any deductions for any credit card payment processing fees or costs that may be charged to the employer by the credit card company. Existing law requires an employer to keep accurate records of all gratuities received by the employer and requires that these records be open to inspection at all reasonable hours by the Department of Industrial Relations. Existing law requires the department to enforce these provisions, and an employer who violates these provisions is guilty of a misdemeanor. This bill would also require an entity, as defined, that permits a patron to pay for services performed by a worker by debit or credit card to also accept a debit or credit card for payment of gratuity. The bill would require payment of a gratuity made by a patron using a debit or credit card to be made to the worker not later than the next regular payday following the date the patron authorized the debit or credit card payment. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 1099?
AB 1099 is sponsored by Gonzalez Fletcher.
What is the current status of AB 1099?
This bill died with 2017-2018 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 1099?
Track AB 1099 free on One Click Politics — get push/email alerts when it moves.

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