Wiser Workplace

California Stay or Pay Contracts Banned Under AB 692: What Workers Need to Know

By Lawrence Freiman, California Employment Attorney | Wiser Workplace

Imagine you just started a new job. Your employer paid for some training and gave you a signing bonus. Six months later, you realize the job is not what you were promised, but when you try to leave, your employer hands you a bill for thousands of dollars. Under the old rules in California, that kind of arrangement was often perfectly legal. As of January 1, 2026, a new law changes the picture significantly.

Assembly Bill 692 (AB 692) places strict limits on what California calls "stay or pay" provisions in employment contracts. These are the clauses that require workers to repay their employer for things like training costs, relocation expenses, or signing bonuses if they leave before a certain date. If you work in California, here is what this law means for you.

What Are "Stay or Pay" Contracts?

A "stay or pay" provision is any clause in an employment agreement that requires a worker to pay the employer money if they leave their job before a specified period of time. These clauses go by many names. You might see them called training repayment agreement provisions (TRAPs), clawback clauses, or retention agreements.

Common examples include:

These arrangements can trap workers in jobs they want to leave. A worker earning $20 an hour who owes $15,000 in "training costs" may feel like they cannot afford to quit, even if they are experiencing unsafe conditions, harassment, or other serious problems. AB 692 was designed to address exactly that kind of situation.

What Does AB 692 Actually Do?

The new law, codified in California Labor Code Section 432.8, broadly prohibits employers from entering into agreements that require workers to repay training costs, sign-on bonuses, relocation expenses, or other employment-related benefits if the worker leaves before a set date. The law applies to agreements entered into on or after January 1, 2026.

The term "worker" is defined broadly under the statute. It covers employees, prospective employees, and other individuals permitted to work for an employer or participate in job training programs. This means the law could potentially protect people even before they officially start the job.

The law does not apply retroactively. If you signed a stay or pay agreement before January 1, 2026, that agreement may still be enforceable under the rules that were in place at the time. However, any new agreement entered into on or after that date must comply with AB 692.

Are There Any Exceptions?

AB 692 does not ban every type of repayment arrangement. The law carves out two narrow exceptions, but both come with strict conditions that employers must follow.

Sign-On and Retention Bonuses

Employers may still offer sign-on or retention bonuses with repayment terms, but only if several requirements are met:

Tuition Reimbursement for Transferable Credentials

Employers may still require repayment of tuition or credential costs, but again with conditions:

The distinction around "transferable" credentials is important. If the training only helps you do this one job at this one company, the employer generally cannot require you to pay for it. If the credential is something you carry with you to future jobs, a limited repayment arrangement may still be allowed.

What Happens If an Employer Violates AB 692?

This is where the law has real teeth. AB 692 creates a private right of action, meaning affected workers can file a lawsuit. The law provides for:

The law also allows "worker representatives" to bring claims on behalf of multiple workers in similar situations. This opens the door to class-style enforcement actions, which could create significant financial exposure for employers who continue to use non-compliant agreements.

What This Means for Employees

If you signed a new employment agreement on or after January 1, 2026, take a close look at whether it contains any repayment or clawback provisions. Here are some practical steps:

What This Means for Employers

Employers should review their existing agreement templates and update them to comply with AB 692. A few key points:

How This Fits Into California's Broader Worker Protections

AB 692 is part of a pattern. California has long been one of the most protective states in the country when it comes to non-compete agreements, which the state has banned since the 1800s under Business and Professions Code Section 16600. The logic is similar: California wants workers to be free to move between jobs without being locked in by financial penalties.

Combined with the state's strong protections against retaliation, wrongful termination, and wage theft, AB 692 adds another layer of protection for workers who want to leave a bad situation without facing a financial penalty for doing so.

How Wiser Workplace Can Help

Disputes over stay or pay agreements can be stressful and confusing. You may not be sure whether your agreement is enforceable or whether your employer's demands are legal under the new law. In many cases, these kinds of disputes can be resolved through mediation before they escalate into a lawsuit.

Wiser Workplace offers an accessible, confidential dispute resolution process for California employment issues. If you are dealing with a stay or pay dispute, or any other workplace concern, you can submit your situation confidentially and explore your options.

Legal Disclaimer: This article is for general informational purposes only and does not constitute legal advice. While we aim to provide accurate information about California employment law, employment law is complex and constantly evolving. Every situation is unique. If you need specific legal advice about a stay or pay agreement or any other employment matter, please consult a qualified employment attorney licensed in California.