EmploymentQuestion 236 of 1605
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
b.Unlawful; an employer may not secretly pay less than the rate fixed by a wage agreement
c.Permitted only on private projects
d.Permitted if the worker is a probationary employee
Explanation
Labor Code §222 makes it unlawful to willfully withhold any part of wages agreed upon in a collective bargaining agreement. A private side-agreement to underpay does not override the protections of the law.
Law Reference: Labor Code §222Practice all 1605 questions free — no signup required.
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Reviewed by Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verify)