California Codes
Cal. Labor Code § 2804 (2026)
✓ current as of May 2026
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Any contract or agreement, express or implied, made by any employee to waive the benefits of this article or any part thereof, is null and void, and this article shall not deprive any employee or his personal representative of any right or remedy to which he is entitled under the laws of this State.
Notes of Decisions
Cited in 15
cases (2 in the last 5 years), 1966–2025 · leading case: Edwards v. Arthur Andersen LLP, 189 P.3d 285 (Cal. 2008).
Edwards v. Arthur Andersen LLP, 189 P.3d 285 (Cal. 2008). “) Labor Code section 2804 voids any agreement to waive the protections of Labor Code section 2802 as against public policy.”
Stuart v. Radioshack Corp., 641 F. Supp. 2d 901 (N.D. Cal. 2009). “California Labor Code § 2804 states in relevant part, that “[a]ny contract or agreement, express or implied, made by any employee to waive the benefits of this article or any part thereof [including the benefits provided in § 2802], is null and void.”
Gomez v. J. Jacobo Farm Labor Contractor, Inc., 188 F. Supp. 3d 986 (E.D. Cal. 2016). “”) (citing Cal. Labor Code §§ 2804 , 206.5, 219. Similarly, to the extent that Bedrosian suggests that Plaintiff or the putative class members have waived their right to pursue private actions for damages pursuant to the Labor Code, its affirmative defense is equally without…”
Takacs v. AG Edwards & Sons, Inc., 444 F. Supp. 2d 1100 (S.D. Cal. 2006). “” Cal. Labor Code § 2804 . As such, Defendant’s argument *1124 lacks merit in that any agreement entered into between the parties waiving § 2802 must be considered null and void.”
United States v. Stein, 495 F. Supp. 2d 390 (S.D.N.Y. 2007). “Under Cal. Lab.Code § 2804, the release Greenberg signed was not effective to release his statutory rights.”
Hammitt v. Lumber Liquidators, Inc., 19 F. Supp. 3d 989 (S.D. Cal. 2014). “72 at 12-13) (citing Cal. Labor Code § 2804 ), and (2) that Plaintiff “regularly made frequent trips to the bank, yet he was never reimbursed for the mileage that he had driven for the company.”
Villalpando v. Exel Direct Inc., 161 F. Supp. 3d 873 (N.D. Cal. 2016). “5 (providing that employers and employees may not enter into agreements that waive the employee’s right to receive wages).”
In re Acknowledgment Cases, 239 Cal. App. 4th 1498 (Cal. Ct. App. 2015). “) Accordingly, Labor Code section 2802 precludes the city from requiring recruits to reimburse it for the cost of the portion of the training which is in excess of that required for basic POST certification.”
James v. Dependency Legal Grp., 253 F. Supp. 3d 1077 (S.D. Cal. 2015). “3d 889 (emphasis added) (internal citation and quotation marks omitted); see also Cal. Labor Code § 2804 (voiding any agreement between employer and employee that attempts to waive the employee’s rights to full expense reimbursement under section 2802).”
Stuart v. Radioshack Corp., 259 F.R.D. 200 (N.D. Cal. 2009). “In so ruling, the Court took note of California Labor Code § 2804, which provides that “[a]ny contract or agreement, express or implied, made by any employee to waive the benefits of this article or any part thereof [including § 2802], is null and void,” Cal.”
Liberio v. Vidal, 240 Cal. App. 2d 273 (Cal. Ct. App. 1966). “’’ Labor Code, section 2804 makes all contracts waiving the benefits of section 2802 null and void.”
In Re: Roark (S.D. Cal. 2020). “California Labor Code Section 2804 4 Appellant first contends that the bankruptcy court erred by approving a settlement 5 agreeing to payment of less than the full amount Appellant had sought to recover under 6 California Labor Code Section 2802, which covers employer…”
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