Cal. Codes » Labor Code / DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION / PART 1. COMPENSATION / CHAPTER 2. Assignment of Wages
California Codes

Cal. Labor Code § 300 (2026)

Assignment of Wages

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(a)As used in this section, the phrase “assignment of wages” includes the sale or assignment of, or giving of an order for, wages or salary but does not include an order or assignment made pursuant to Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code or Section 3088 of the Probate Code.

(b)No assignment of wages, earned or to be earned, is valid unless all of the following conditions are satisfied:

(1)The assignment is contained in a separate written instrument, signed by the person by whom the wages or salary have been earned or are to be earned, and identifying specifically the transaction to which the assignment relates.

(2)Where the assignment is made by a married person, the written consent of the spouse of the person making the assignment is attached to the assignment. No such consent is required of any married person (A) after entry of a judgment decreeing a legal separation from such person’s spouse or (B) if the married person and the spouse of the married person are living separate and apart after entry of an interlocutory judgment of dissolution of their marriage, if a written statement by the person making the assignment, setting forth such facts, is attached to or included in the assignment.

(3)Where the assignment is made by a minor, the written consent of a parent or guardian of the minor is attached to the assignment.

(4)Where the assignment is made by a person who is unmarried or who is an adult or who is both unmarried and an adult, a written statement by the person making the assignment, setting forth such facts, is attached to or included in the assignment.

(5)No other assignment exists in connection with the same transaction or series of transactions and a written statement by the person making the assignment to that effect is attached to or included in the assignment.

(6)A copy of the assignment and of the written statement provided for in paragraphs (2), (4), and (5), authenticated by a notary public, is filed with the employer, accompanied by an itemized statement of the amount then due to the assignee.

(7)At the time the assignment is filed with the employer, no other assignment of wages of the employee is subject to payment and no earnings withholding order against the employee’s wages or salary is in force.

(c)Under any assignment of wages, a sum not to exceed 50 per centum of the assignor’s wages or salary shall be withheld by, and be collectible from, the assignor’s employer at the time of each payment of such wages or salary.

(d)The employer is entitled to rely upon the statements of fact in the written statement provided for in paragraphs (2), (4), and (5) of subdivision (b), without the necessity of inquiring into the truth thereof, and the employer shall incur no liability whatsoever by reason of any payments made by the employer to an assignee under any assignment in reliance upon the facts so stated.

(e)An assignment of wages to be earned is revocable at any time by the maker thereof. Any power of attorney to assign or collect wages or salary is revocable at any time by the maker thereof. No revocation of such an assignment or power of attorney is effective as to the employer until the employer receives written notice of revocation from the maker.

(f)No assignment of wages, earned or to be earned, is valid under any circumstances if the wages or salary earned or to be earned are paid under a plan for payment at a central place or places established under the provisions of Section 204a.

(g)This section does not apply to deductions which the employer may be requested by the employee to make for the payment of life, retirement, disability or unemployment insurance premiums, for the payment of taxes owing from the employee, for contribution to funds, plans or systems providing for death, retirement, disability, unemployment, or other benefits, for the payment for goods or services furnished by the employer to the employee or the employee’s family at the request of the employee, or for charitable, educational, patriotic or similar purposes.

(h)No assignment of wages is valid unless at the time of the making thereof, such wages or salary have been earned, except for necessities of life and then only to the person or persons furnishing such necessities of life directly and then only for the amount needed to furnish such necessities.

Notes of Decisions
Cited in 12 cases, 1946–2017 · leading case: Johnson v. RFF Fam. P'ship, LP (In re Johnson), 554 B.R. 448 (Bankr. S.D. Ohio 2016).
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Johnson v. RFF Fam. P'ship, LP (In re Johnson), 554 B.R. 448 (Bankr. S.D. Ohio 2016). · cites it 13× “California Labor Code Section 300 “Assignments of personal earnings are not favored.”
People v. Lara, 432 P.2d 202 (Cal. 1967). · cites it 2× “Code, §§ 1293, 1308) or places of work (Lab. Code, § 1294)), and limited exceptions to the foregoing may be granted only upon the consent of the Labor Commissioner (Lab.”
In the Matter of Edward G. Brissette, Gene Paul Master, Michael Anthony Simon, Bankrupts-Appellants, 561 F.2d 779 (9th Cir. 1977). “1977) operates to remove it from the definition of property under Section 70(a)(5)’s second clause.”
Nunez v. Bae Sys. San Diego Ship Repair Inc., 292 F. Supp. 3d 1018 (S.D. Cal. 2017). “…California Labor Code sections 96 through 98.2 et seq. , the California Payment of Wages Law, and in particular, California Labor Code §§ 200 et seq. , including California Labor Code §§ 200 through 243 and §§ 203 and 218 and 218.5 in particular, California Labor Code §§…”
Wells v. Wells, 169 P.2d 23 (Cal. Ct. App. 1946). “to plaintiff one-half of his wages from his present and any future employment; that at least as to the portion purporting to assign one-half of his future wages the agreement is void and unenforceable; that it was error of a most serious and prejudicial nature, and violative of…”
Fitch v. Pac. Fid. Life Ins., 54 Cal. App. 3d 140 (Cal. Ct. App. 1975). “Labor Code Section 300 Did Not Apply to the Termination Assignment Agreement.”
People's Bank v. Gwynn (In Re Gwynn), 82 B.R. 121 (Bankr. S.D. Cal. 1988). · cites it 4× “Gwynn contends that the alleged security interest in the wages he will receive from the contract is void as an assignment of wages which fails to comply with California Labor Code § 300. Since it is the burden of this creditor to establish its entitlement to request relief under…”
Vineyard v. Sisson, 223 Cal. App. 3d 931 (Cal. Ct. App. 1990). “4 Generally, Labor Code section 300 governs the manner of assignment of wages, but it specifically excludes in subdivision (a) any such assignment and order thereon made under Civil Code section 4801.”
Anglin v. Conway, 263 P.2d 1 (Cal. 1953). “The record shows the following colloquy at the outset of the trial: “The Court: And this is an action on assigned claims for wages? Mr. Donahue (Respondent’s Counsel) : Particularly labor, your Honor.”
In Re Ross, 117 F. Supp. 346 (N.D. Cal. 1953). “Nevertheless, it is the Trustee’s contention, sustained by the Referee, that the consent of the bankrupt’s employees to wage deductions for the payment of the disability insurance premiums did not constitute an assignment carrying with it wage-claim priority. The basis for this…”
Kenneth Robert Frederick v. Kal W. Lines, Clarence Harris v. Kal W. Lines, 425 F.2d 215 (9th Cir. 1970). “Instead, such funds when, if ever, received by the employee would usually be consumed by the expenses of administration incurred to keep the estate open awaiting the employee’s vacation or his unemployment.”
Sanfilippo v. Wells Fargo Advisors, No. D062888 (Cal. Ct. App. Nov. 19, 2013). · cites it 2× “tory reason; (2) the wrongful termination cause of action could not be sustained because there was no basis for the underlying discrimination claims; (3) the cause of action for interference with prospective economic advantage is barred by the statute of limitations; (4) there…”
Cal. Labor Code § 300(b): 1 case
People's Bank v. Gwynn (In Re Gwynn), 82 B.R. 121 (Bankr. S.D. Cal. 1988). “Gwynn contends that the alleged security interest in the wages he will receive from the contract is void as an assignment of wages which fails to comply with California Labor Code § 300. Since it is the burden of this creditor to establish its entitlement to request relief under…”
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