SEC. 5028-u. Accepting or soliciting gratuity or tip. Every employee of any hotel, restaurant, barber shop, or other public place, and every employee of any person, firm, partnership, or corporation, or of any public service corporation engaged in the transportation of passengers in this state, who shall accept or solicit any gratuity, tip, or other thing of value or of valuable consideration, from any guest or patron, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than five dollars, or more than twenty-five dollars, or be imprisoned in the county jail for a period not exceeding thirty days. [36 G. A. (S.F. 429, §1.)]
SEC. 6028-V . Giving or offering gratuity or tip. Every person who shall give or offer any tip or gratuity to any person or employee prohibited from receiving or soliciting the same by the provisions of the preceding section shall be guilty of a misdemeanor and be punished upon conviction as provided by the preceding section. [36 G. A. (S. F. 429, § 2.)]
1920年代美国的禁酒令大肆施行又沉重打击了服务业，所以给小费变得更为普遍。直到那个年代，给小费才真正的成为了一种“文化”，但是这种文化仅仅只是基于服务员无法获得足够的收入基础之上的“文化”，而 Fair Labor Standards Act of 1938则彻底改善了这个规则，也彻底的让小费变成了资本家剥削的方式。
(a) In determining compliance with the wage payment requirements of the Act, under the provisions of section 3(m)(2)(A) the amount paid to a tipped employee by an employer is increased on account of tips by an amount equal to the formula set forth in the statute (minimum wage required by section 6(a)(1) of the Act minus cash wage paid (at least $2.13)), provided that the employer satisfies all the requirements of section 3(m)(2)(A). This tip credit is in addition to any credit for board, lodging, or other facilities which may be allowable under section 3(m).
(b) As indicated in § 531.51, the tip credit may be taken only for hours worked by the employee in an occupation in which the employee qualifies as a “tipped employee.” Pursuant to section 3(m)(2)(A), an employer is not eligible to take the tip credit unless it has informed its tipped employees in advance of the employer’s use of the tip credit of the provisions of section 3(m)(2)(A) of the Act, i.e.: The amount of the cash wage that is to be paid to the tipped employee by the employer; the additional amount by which the wages of the tipped employee are increased on account of the tip credit claimed by the employer, which amount may not exceed the value of the tips actually received by the employee; that all tips received by the tipped employee must be retained by the employee except for a tip pooling arrangement limited to employees who customarily and regularly receive tips; and that the tip credit shall not apply to any employee who has not been informed of the requirements in this section. The credit allowed on account of tips may be less than that permitted by statute (minimum wage required by section 6(a)(1) minus the cash wage paid (at least $2.13)); it cannot be more. In order for the employer to claim the maximum tip credit, the employer must demonstrate that the employee received at least that amount in actual tips. If the employee received less than the maximum tip credit amount in tips, the employer is required to pay the balance so that the employee receives at least the minimum wage with the defined combination of wages and tips. With the exception of tips contributed to a tip pool limited to employees who customarily and regularly receive tips as described in § 531.54, section 3(m)(2)(A) also requires employers that take a tip credit to permit employees to retain all tips received by the employee.
§ 52. Dissemination of false advertisements
It shall be unlawful for any person, partnership, or corporation to disseminate, or cause to be disseminated, any false advertisement–
(1) By United States mails, or in or having an effect upon commerce, by any means, for the purpose of
inducing, or which is likely to induce, directly or indirectly the purchase of food, drugs, devices,
services, or cosmetics; or
(2) By any means, for the purpose of inducing, or which is likely to induce, directly or indirectly, the
purchase in or having an effect upon commerce, of food, drugs, devices, services, or cosmetics.