Cal. Codes » Labor Code / DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION / PART 13. THE LABOR CODE PRIVATE ATTORNEYS GENERAL ACT OF 2004
California Codes

Cal. Labor Code § 2699.6 (2026)

✓ current as of May 2026
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(a)This part shall not apply to an employee in the construction industry with respect to work performed under a valid collective bargaining agreement that expressly provides for the wages, hours of work, and working conditions of employees, premium wage rates for all overtime hours worked, and for the employee to receive a regular hourly pay rate of not less than 30 percent more than the state minimum wage rate, and the agreement does all of the following:

(1)Prohibits all of the violations of this code that would be redressable pursuant to this part and provides for a grievance and binding arbitration procedure to redress those violations.

(2)Expressly waives the requirements of this part in clear and unambiguous terms.

(3)Authorizes the arbitrator to award any and all remedies otherwise available under this code, provided that nothing in this section authorizes the award of penalties under this part that would be payable to the Labor and Workforce Development Agency.

(b)Except for a civil action under Section 2699, this section does not preclude an employee from pursuing any other civil action against an employer, including, but not limited to, an action for a violation of the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code), Title VII of the Civil Rights Act of 1964 (Public Law 88-352), or any other prohibition of discrimination or harassment.

(c)For purposes of this section, “employee in the construction industry” means an employee performing work associated with construction, including work involving alteration, demolition, building, excavation, renovation, remodeling, maintenance, improvement, repair work, and any other work as described by Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and other similar or related occupations or trades.

(d)This section shall remain in effect only until January 1, 2038, and as of that date is repealed.

Notes of Decisions
Cited in 8 cases (8 in the last 5 years), 2021–2025 · leading case: Arthur Gutierrez v. Anning-Johnson Co. (C.D. Cal. 2023).
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Arthur Gutierrez v. Anning-Johnson Co. (C.D. Cal. 2023). · cites it 3× “Section 8 of the May 2021 Amendment provides for arbitration of claims arising under the California Labor Code: Pursuant to California Labor Code Section 2699.6, the Parties hereby expressly and unambiguously waive the provisions of the California Private Attorneys General Act…”
Walton v. C. Overaa & Co. (N.D. Cal. 2024). · cites it 3× “25 Cal. Lab. Code § 2699.6 . Overaa thus moved to compel arbitration and for judgment on the PAGA 26 27 1 First Am.”
Diaz (N.D. Cal. 2025). · cites it 3× “California Labor Code § 2699.6 4 As a general matter, the right to file a PAGA suit cannot be waived by contract.”
Allmaras v. Univ. Mech. & Eng'g Contractors, Inc. (S.D. Cal. 2025). · cites it 2× “11 The Court finds that the CBA at issue provides “for the employee to receive a 12 regular hourly pay rate of not less than 30 percent more than the state minimum wage 13 rate.”
Oswald v. Murray Plumbing & Heating Corp. (Cal. Ct. App. 2022). “It reads, “Pursuant to California Labor Code Section 2699.6, the Parties hereby expressly and unambiguously waive the provisions of the California Private Attorneys General Act (PAGA), Labor Code Section 2698, et seq.”
Hunt v. Golden Sate Boring & Pipe Jacking CA4/2 (Cal. Ct. App. 2022). “) However, the provision in 1 The motion also sought to dismiss the PAGA claim since plaintiffs’ employment is governed by qualifying CBAs (Lab. Code, § 2699.6); however, the parties agreed to defer this issue to a later time.”
Burmudez v. Dragados USA, Inc. (E.D. Cal. 2021). “6 24 25 6 Defendants’ push to arbitrate Plaintiff’s PAGA claim rests in part on California Labor Code § 2699.6. This statute provides a narrow exception to the Iskanian rule whereby “an employee in the construction industry” can waive a 26 PAGA claim through a valid collective…”
Rudy Gilbert Padilla v. Ames Constr., Inc. (C.D. Cal. 2025). “” Cal. Lab. Code § 2699.6 . The statute also requires the collective bargaining agreement to expressly provide for “wages, hours of work, and working conditions of employees, premium wage rates for all overtime hours worked, and for the employee to receive a regular hourly pay…”
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