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Cal. Labor Code § 206.5 (2026)

✓ current as of May 2026
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(a)An employer shall not require the execution of a release of a claim or right on account of wages due, or to become due, or made as an advance on wages to be earned, unless payment of those wages has been made. A release required or executed in violation of the provisions of this section shall be null and void as between the employer and the employee. Violation of this section by the employer is a misdemeanor.

(b)For purposes of this section, “execution of a release” includes requiring an employee, as a condition of being paid, to execute a statement of the hours he or she worked during a pay period which the employer knows to be false.

Notes of Decisions
Cited in 25 cases (8 in the last 5 years), 1992–2025 · leading case: Grabowski v. C.H. Robinson Co., 817 F. Supp. 2d 1159 (S.D. Cal. 2011).
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Grabowski v. C.H. Robinson Co., 817 F. Supp. 2d 1159 (S.D. Cal. 2011). · cites it 10× “The arbitration provision is also unlawful and constitutes a criminal misdemeanor under California Labor Code Section 206.5 because Plaintiff was required to sign the agreement and release his right to bring a collective, class or representative action in order to avoid…”
Watkins v. Wachovia Corp., 172 Cal. App. 4th 1576 (Cal. Ct. App. 2009). · cites it 2× “5, subdivision (a) provides, in pertinent part, “An employer shall not require the execution of a release of a claim or right on account of wages due, or to become due, or made as an advance on wages to be earned, unless payment of those wages has been made.”
Cnty. of Riverside v. Superior Court, 42 P.3d 1034 (Cal. 2002). · cites it 2× “, Lab.Code, §§ 206.5 [employee cannot waive claim for wages due or to become due], 219 [employee cannot waive statutes regulating payment of wages], 356 [employee cannot waive statutory prohibition against employer taking employee's tips], 2804 [employee cannot waive protection…”
Davis v. Farmers Ins. Exch., 26 Wage & Hour Cas.2d (BNA) 1191 (Cal. Ct. App. 2016). “Code, § 204), and prohibiting an employer from insisting an employee execute a release of a claim before paying wages due (Lab. Code, § 206.5). The Labor Code’s protections are “designed to ensure that employees receive their full wages at specified intervals while employed, as…”
Pinela v. Neiman Marcus Grp., Inc., 238 Cal. App. 4th 227 (Cal. Ct. App. 2015). “, Lab. Code, §§ 206.5 [employee cannot waive claim for wages due or to become due], 219 [employee cannot waive statutes regulating payment of wages], 356 [employee cannot waive statutory prohibition against employer taking employee’s tips], 2804 [employee cannot waive protection…”
Hendrickson v. Octagon Inc., 225 F. Supp. 3d 1013 (N.D. Cal. 2016). · cites it 2× “Section 206.5 prohibits employers from requiring hourly employees to sign a “release” before they have paid the employees their wages.”
Chindarah v. Pick Up Stix, Inc., 14 Wage & Hour Cas.2d (BNA) 1763 (Cal. Ct. App. 2009). “DISCUSSION Labor Code section 206.5 provides: “An employer shall not require the execution of a release of a claim or right on account of wages due, or to become due, or made as an advance on wages to be earned, unless payment of those wages has been made.”
Stuart v. Radioshack Corp., 641 F. Supp. 2d 901 (N.D. Cal. 2009). “See Cal. Lab.Code § 206.5 (providing that “[a]n employer shall not require the execution of a release of a claim or right on account of wages due, or to become due, or made as an advance on wages to be earned, unless payment of those wages has been made”); id.”
Villalpando v. Exel Direct Inc., 161 F. Supp. 3d 873 (N.D. Cal. 2016). “Consequently, Exel will not be permitted to argue to the jury that the ITA and/or ELA gave rise to a waiver of any of Plaintiffs’ claims. On the other hand, to the extent this evidence may be relevant to Exel’s defenses on the Labor Code claims — and also may be necessary for…”
NewLife Sciences, LLC v. Weinstock, 197 Cal. App. 4th 676 (Cal. Ct. App. 2011). “5), the release of a claim of unpaid wages (Lab. Code, § 206.5), or a waiver of rights under the Consumers Legal Remedies Act (Civ.”
Whitman v. Schlumberger Ltd., 793 F. Supp. 228 (N.D. Cal. 1992). “Plaintiff also cites Cal.Lab.Code § 206.5, which states: No employer shall require the execution of any release of any claim or right on account of wages due, or to become due, or made as an advance on wages to be earned, unless payment of such wages has been made.”
Pulli v. Pony Int'l, LLC, 33 I.E.R. Cas. (BNA) 1880 (Cal. Ct. App. 2012). “The [October 2007 Agreement] is void under California Labor Code section 206.5.” Pulli alleged that in August 2009, Pony arbitrarily reduced his annual salary by 12 percent, and that in September 2009, Pony terminated his employment summarily and without cause.”
Show all 25 citing cases →
— Cal. Labor Code § 206.5(a) — 1 case
Grabowski v. C.H. Robinson Co., 817 F. Supp. 2d 1159 (S.D. Cal. 2011). “The arbitration provision is also unlawful and constitutes a criminal misdemeanor under California Labor Code Section 206.5 because Plaintiff was required to sign the agreement and release his right to bring a collective, class or representative action in order to avoid…”
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