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Worker Mobility· 5 min read· in Careers & Work

California Law Bans 'Stay-or-Pay' Clauses, Ending Training Repayment and Bonus Clawbacks

Starting in 2026, California's AB 692 outlaws most employment contracts that penalize workers financially for quitting, fundamentally shifting how companies handle training, relocation, and retention.

By Alexei Morozov

The common assumption about California’s new ban on “stay-or-pay” contracts is that it simply outlaws $5,000 training repayment agreements for entry-level workers. The reality is far more expansive. Assembly Bill 692, taking effect January 1, 2026, rewrites the rules of six-figure executive compensation, $50,000 relocation packages, and standard sign-on bonuses across the entire corporate ladder.[1][3]

For years, accepting a $20,000 signing bonus or a cross-country relocation came with a standard string attached: leave the company within 12 to 24 months, and you owe the money back. These clawback provisions functioned as financial handcuffs, locking talent in place to protect corporate balance sheets. Now, California is classifying these exit penalties as unlawful restraints on trade, fundamentally altering how businesses must approach employee retention and capital allocation.[2][6][7]

At its core, AB 692 prohibits employers from requiring a worker to pay a "debt" if their employment terminates. This includes the widely criticized Training Repayment Agreement Provisions (TRAPs), where companies charge employees for mandatory on-the-job training if they quit early. But the statute goes further, banning quit fees, replacement-hire fees, and liquidated damages triggered by a departure.[1][3][5]

While the law bans most exit penalties, narrow exceptions exist for specific upfront payments.

The law applies to any contract entered into on or after January 1, 2026. It protects a broadly defined class of "workers," encompassing traditional employees, prospective hires, and individuals in skills training programs. Crucially, it applies to anyone performing work in California, meaning out-of-state employers cannot enforce these clauses against their California-based staff, regardless of where the company is headquartered.[2][4][6]

The legislative push was driven by a coalition of labor and consumer advocates who argued that stay-or-pay clauses artificially suppress wages and trap workers in hostile environments. By threatening a crushing financial penalty for resigning, companies could bypass formal non-compete agreements—which are already void in California—while achieving the exact same chilling effect on worker mobility.[5][7]

The ban is comprehensive, but it is not absolute. Employers can still utilize clawbacks for sign-on and relocation bonuses, provided they navigate a strict new compliance maze. The payment must be a "discretionary or unearned monetary payment" made explicitly at the outset of employment, meaning mid-stream retention bonuses offered during mergers or critical projects are no longer protected.[2][3]

To legally enforce a sign-on bonus clawback after 2026, the repayment terms must live in a standalone contract, entirely separate from the primary offer letter. The employee must be given at least five business days to consult an attorney before signing. Furthermore, the retention period cannot exceed two years, the repayment must be prorated based on time served, and the employer cannot charge interest.[3][4][6]

To legally enforce a sign-on bonus clawback, employers must adhere to a strict procedural timeline.

Perhaps the most disruptive requirement for corporate finance departments is the new deferral mandate. Employees must be given the option to defer receipt of the bonus until the end of the retention period, entirely avoiding the risk of a clawback. This forces companies to hold allocated funds on their balance sheets longer than standard accounting practices typically dictate.[6]

Tuition reimbursement programs also face a major overhaul. Employers can only require repayment for education costs if the program leads to a "transferable credential"—such as a nursing license or a CPA—that holds value outside the company. The education cannot be a requirement for the employee's current role, and internal, proprietary training programs are strictly off-limits for repayment.[7][8]

The teeth of AB 692 lie in its enforcement mechanisms. Contracts that violate the statute are void as a matter of public policy. More importantly, the law creates a private right of action, allowing workers to sue employers who attempt to enforce illegal stay-or-pay clauses in court.[1][3]

The financial exposure for non-compliance is severe. Employees who prevail in court can recover their actual damages or a statutory penalty of $5,000 per worker—whichever is greater—along with injunctive relief and reasonable attorney’s fees. This shifts the balance of power, making it incredibly risky for companies to bluff with unenforceable contracts.[4][7]

The legislation creates a private right of action, allowing workers to sue for statutory penalties.

While the law provides clarity on upfront payments, it leaves significant uncertainty around mid-stream retention bonuses. Because the statute's exception explicitly requires payments to be made "at the outset of employment," standard retention bonuses offered to existing staff appear to lose their clawback protections entirely, stripping employers of a key tool during corporate transitions.[2]

Corporate tax departments are also grappling with the fallout. Restructuring bonus arrangements to comply with AB 692—such as converting an upfront payment into a deferred payout—could trigger complex tax consequences under Internal Revenue Code Section 409A, which governs nonqualified deferred compensation and carries strict penalties for violations.[2]

Ultimately, AB 692 forces a paradigm shift in corporate retention. Human resources and mobility leaders are already redesigning their compensation frameworks. Instead of relying on the stick of debt collection, companies will have to rely on the carrot of phased, pro-rata payments that vest over time.[6][8]

Employers must meet all five statutory conditions to maintain a lawful repayment clause.

By dismantling the financial barriers to resignation, California is betting that true employee retention comes from competitive compensation and healthy workplace cultures, rather than the threat of a looming invoice. As the 2026 deadline approaches, the era of the corporate clawback is drawing to a close.[5][7]

Key points

  • Assembly Bill 692 voids employment contracts signed on or after January 1, 2026, that require workers to pay a debt or penalty upon leaving.
  • The law effectively bans Training Repayment Agreement Provisions (TRAPs), quit fees, and mid-employment retention bonus clawbacks.
  • Sign-on and relocation bonuses can still include repayment clauses, but only if they meet strict new conditions, including a two-year maximum term.
  • Employers who violate the law face a private right of action, with penalties of at least $5,000 per affected worker plus attorney's fees.

What we don’t know

  • How California courts will interpret the boundary between a prohibited 'mid-stream retention bonus' and a permissible performance-based incentive.
  • Whether out-of-state employers will attempt to enforce choice-of-law provisions in other jurisdictions to bypass the California ban.
  • How the IRS will treat the tax implications of deferred sign-on bonuses restructured to comply with AB 692.

How we got here

  1. October 2025

    Governor Gavin Newsom signs Assembly Bill 692 into law, creating the nation's strictest ban on stay-or-pay contracts.

  2. January 1, 2026

    AB 692 officially takes effect, voiding any non-compliant repayment clauses signed on or after this date.

  3. February 1, 2026

    Deadline for California employers to provide a standalone written notice regarding workers' rights under the new legal framework.

Labor Advocates 35%Corporate Employers 35%Legal Compliance Experts 30%
Labor Advocates
Argue that stay-or-pay clauses suppress wages and trap workers in hostile environments.
Corporate Employers
Argue that clawback provisions are necessary to protect upfront investments in training and relocation.
Legal Compliance Experts
Focus on the strict procedural requirements and liability risks introduced by the new statute.

Perspectives this story doesn't cover

  • Small Business Owners
  • Corporate Recruiters

Sources

Source coverage

8 outlets

3 viewpoints surfaced

Labor Advocates 35%Corporate Employers 35%Legal Compliance Experts 30%
  1. [1]Morgan LewisLegal Compliance Experts

    Newly enacted California Assembly Bill 692 bans contracts that require employees to repay broadly defined debts

    Read on Morgan Lewis →
  2. [2]Mayer BrownLegal Compliance Experts

    California Implements Comprehensive Ban on Stay-or-Pay Provisions

    Read on Mayer Brown →
  3. [3]Akin GumpLegal Compliance Experts

    California Prohibits Certain Stay-or-Pay Provisions in Employment Contracts

    Read on Akin Gump →
  4. [4]CooleyLegal Compliance Experts

    California Assembly Bill 692 Prohibits Most Stay or Pay Requirements

    Read on Cooley →
  5. [5]Protect BorrowersLabor Advocates

    California Governor Gavin Newsom Signs AB 692 Into Law

    Read on Protect Borrowers →
  6. [6]Air IncCorporate Employers

    California's New Stay-or-Pay Ban: What It Means for Employers

    Read on Air Inc →
  7. [7]Tomorrow LawLegal Compliance Experts

    California Stay or Pay Law (AB 692) Explained

    Read on Tomorrow Law →
  8. [8]SkillsWaveLegal Compliance Experts

    What California's New AB 692 Means for Tuition Reimbursement and Clawback Policies

    Read on SkillsWave →

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