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Cal. Labor Code § 221 (2026)

✓ current as of May 2026
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It shall be unlawful for any employer to collect or receive from an employee any part of wages theretofore paid by said employer to said employee.

Notes of Decisions
Cited in 91 cases (25 in the last 5 years), 1997–2025 · leading case: Swafford v. Int'l Bus. Machs. Corp., 383 F. Supp. 3d 916 (N.D. Cal. 2019).
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Swafford v. Int'l Bus. Machs. Corp., 383 F. Supp. 3d 916 (N.D. Cal. 2019). · cites it 18× “Swafford's first cause of action alleges "Violation of California Labor Code," but in fact alleges violations of California Civil Code § 1668 and California Labor Code §§ 221, 223, and 2751.”
Oman v. Delta Air Lines, Inc., 466 P.3d 325 (Cal. 2020). · cites it 5× “Specifically, Labor Code section 221 prohibits an employer from paying wages and then recouping some portion of the wages as a kickback or secret deduction;3 Labor Code section 222 prohibits underpayment of wages established by a collective bargaining agreement;4 and Labor Code…”
Prachasaisoradej v. Ralphs Grocery Co., 165 P.3d 133 (Cal. 2007). · cites it 5× “Labor Code section 221 [1] provides that, except for deductions expressly authorized by state or federal law (see § 224), an employer may not "collect or receive from an employee any part of wages theretofore paid.”
Davis v. Farmers Ins. Exch., 26 Wage & Hour Cas.2d (BNA) 1191 (Cal. Ct. App. 2016). · cites it 2× “Code, § 221), but permit employers to “withhold or divert” a portion of an employee’s wages when “required or empowered so to do by state or federal law or when a deduction is expressly authorized in writing by the employee to cover insurance premiums, hospital or medical dues,…”
City of Oakland v. Hassey, 163 Cal. App. 4th 1477 (Cal. Ct. App. 2008). · cites it 4× “§ 1983 ), violation of the FLSA, violations of *1485 Labor Code sections 221, 223, 432.5, and 450, “unlawful contract” (Civ.”
Ayala v. Antelope Valley Newspapers, Inc., 23 Wage & Hour Cas.2d (BNA) 984 (Cal. 2014). · cites it 2× “The complaint alleges unpaid overtime, unlawful deductions, failure to provide breaks, and failure to reimburse for 2 business expenses, among other statutory and wage order violations (Lab. Code, §§ 221, 223, 226, 226.3, 226.7, 512, 1174, 1194, 2802; Industrial Welf.”
Cohan v. Medline Indus., Inc., 170 F. Supp. 3d 1162 (N.D. Ill. 2016). · cites it 3× “See Cal Lab. Code §§ 221. 4 Again, however, the “right of a salesperson or any other person to a commission depends on the terms of the contract for compensation.”
Sciborski v. Pac. Bell Directory, 205 Cal. App. 4th 1152 (Cal. Ct. App. 2012). · cites it 4× “Scope of Labor Code Section 221 Prohibition Labor Code section 221 states that “[i]t shall be unlawful for any employer to collect or receive from an employee any part of wages theretofore paid by said employer to said employee.”
Armenta v. Osmose, Inc., 2006 Cal. Daily Op. Serv. 49 (Cal. Ct. App. 2005). · cites it 2× “the combined force of California Labor Code sections 221, 222, and 223 require a different result under California law.”
Gonzalez v. Downtown LA Motors CA2/2, 215 Cal. App. 4th 36 (Cal. Ct. App. 2013). · cites it 2× “Labor Code sections 221, 222, and 223 govern an employer’s obligation to pay “wages,” a term that is defined to include piece-rate compensation as well as hourly pay.”
Sarmiento v. Sealy, Inc., 367 F. Supp. 3d 1131 (N.D. Cal. 2019). · cites it 2× “As the California courts have explained, " Labor Code section 221 and related provisions in sections 222 through 223 were enacted in 1937 in response to secret deductions or 'kickbacks' that made it appear as if an employer was *1145 paying wages in accordance with an applicable…”
Lindell v. Synthes USA, 155 F. Supp. 3d 1068 (E.D. Cal. 2016). · cites it 4× “Labor Code § 2802 , (b) took unlawful deductions in violation of Cal. Labor Code §§ 221 , 223 & 300, (c) willfully failed to pay employees upon discharge in violation of Cal.”
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