EmploymentQuestion 236 of 1632
A contractor and a worker agree in writing to pay below the rate set in an applicable collective bargaining agreement. Under California law, this withholding of the agreed wage is:
a.Permitted, because both parties signed the side agreement
b.Unlawful; the wage agreement's rate cannot be undercut
c.Permitted only on private projects, not on public works
d.Permitted while the worker is still a probationary hire
Explanation
Labor Code §222 makes it unlawful to withhold any part of the wage arrived at through collective bargaining, and §223 separately bars secretly paying less than the scale a statute or contract requires, so a signed side deal is void rather than an exception - the parties cannot contract around the agreed rate. The prohibition does not distinguish private work from public work, and probationary status does not suspend the agreed scale.
Law Reference: Labor Code §222; §223This topic, taught in full in the CSLB Law & Business guide. CSLB Law & Business — Complete Study Guide (2026) — PDF + EPUB, $24.99 · 14-day refund →
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Reviewed by Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verify)