Labor
Employment contracts: stay-or-pay provisions: contract date
AB 1697 delays California’s ban on employment “stay-or-pay” terms until 2027 and creates limited exceptions.
Workers generally cannot be charged debts, fees, or penalties for leaving a job under contracts made from January 1, 2027. The law gives employers an additional transition year and specifies when repayment arrangements remain allowed.
What the law does
- Delays the stay-or-pay contract prohibition, void-contract rule, and related worker lawsuits from January 1, 2026, to January 1, 2027.
- Makes claims for alleged violations occurring from January 1, 2026, through the law’s effective date moot.
- Permits qualifying repayment agreements for government-funded recruitment or retention bonuses, transferable-credential tuition, approved apprenticeships, and certain discretionary bonuses.
- Permits qualifying affiliation-payment repayment agreements between licensed or registered securities, insurance, or investment businesses and their agents or representatives.
- Permits interest-free repayment of up to 40 hours of advanced paid time off when a worker voluntarily leaves, if separately disclosed.
- Preserves damages of at least $5,000 per affected worker, or actual damages if greater, plus injunctions and attorney’s fees for prohibited terms in contracts made from 2027.
Who it affects
- Employers, training providers, debt collectors, and workers, including prospective employees and freelance workers.
- Workers offered retention or recruitment bonuses, employer-paid education, apprenticeships, advanced paid time off, or certain financial-services affiliation payments.
- Securities broker-dealers, insurance producers, investment advisers, and their qualifying agents or representatives.
Context
The urgency law took effect immediately, while the general prohibition remains inoperative through December 31, 2026.