- Require an employee or worker to repay a “debt” (broadly defined to include money, goods, education-related costs, or onboarding expenses) if they leave the job.
- Permit a company to resume collections or end forbearance on such a debt when the worker quits.
- Impose penalties, fees, or costs—including training expenses, liquidated damages, replacement-hire fees, immigration/visa fees, “lost profit,” or similar charges triggered by separation.
- Government Loan-Assistance or Forgiveness Programs Federal, state, and local programs remain untouched.
- Repayment for Transferable Educational Credentials Allowed only if the credential is genuinely transferable, not required for the job, offered in a separate standalone contract, fully disclosed in advance, prorated, non-accelerated on separation, and waived if the worker is terminated without misconduct.
- Approved Apprenticeship Programs Recognized state-approved apprenticeships may still include repayment terms consistent with program rules.
- Signing Bonus Agreements (with strict rules) Employers may reclaim the unearned portion of a true signing bonus, but only if:
- The agreement is separate from the employment contract.
- The worker gets five business days to consult counsel.
- The retention period is no longer than two years.
- Any repayment is pro-rated, interest-free, and not accelerated.
- The worker may defer receipt of the bonus to avoid repayment.
- Repayment is only triggered by voluntary resignation or termination for misconduct.5. Residential Property Loans or Financing Mortgage-related agreements are unaffected.
- Actual damages, or $5,000 per worker (whichever is greater)
- Injunctive relief
- Reasonable attorneys’ fees and costs.
- Review existing employment agreements, training repayment provisions, and bonus structures.
- Scrutinize vendor or staffing-agency contracts that may contain hidden repayment terms.
- Eliminate clauses tying financial consequences to early separation, unless they fit squarely within an exception.
- Revise signing-bonus agreements to meet the new statutory safeguards.
- Train HR, recruiting, and management teams so prohibited terms don’t slip into offer letters or contractor agreements.
JMBM’s Labor & Employment attorneys counsel businesses and management on workplace issues, helping to establish policies that address problems and reduce job-related lawsuits. We act quickly to resolve claims and aggressively defend our clients in all federal and state courts, before the Department of Labor, the NLRB, and other federal, state and local agencies, as well as in private arbitration forums. We represent employers in collective bargaining negotiations and arbitration. If you have questions or need guidance on how these changes may affect your business, please contact a JMBM attorney.
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