An employer cannot:

• Withhold gratuities from an employee, make a deduction from an employee’s gratuities, or require an employee to return or give the employees gratuities to the employer:

  • unless authorized under the law of British Columbia or a Canada court

  • an employer must not redistribute gratuities among prescribed employees or classes of employees

  • an employer or director or shareholder may not share gratuities redistributed

    • unless the director or shareholder performs to a substantial degree the same work performed by:

      • some or all of the employees who share redistribution, or

      • employees of other employers in the same industry who commonly receive or share in gratuities

BC ESA Pt.3 s.30.3-30.4