What Is The Freelance Worker Protection Act?

Freelancers provide a variety of valuable services to individuals or businesses. While most organizations and individuals who hire freelancers treat these independent workers well, some take advantage of freelancers. Fortunately, the State of California now protects freelancers with the Freelance Worker Protection Act (FWPA).

FWPA’s Definitions Of Freelance Workers And The Parties That Hire Them

What are freelance workers in California?

According to FWPA’s definition, freelance workers are:

• An organization or person that has only one individual
• Hired to provide a professional service for $250 or more

What are hiring parties in California?

FWPA defines hiring parties as a person or organization in California that hires a freelancer to provide a professional service. It also excludes some parties from hiring freelance workers in California. 

The following cannot hire California freelancers:

• The State of California
• Foreign governments
• Individuals who are hiring freelancers for their personal benefit, or for the personal benefit of their family members or homesteads

About The FWPA

California’s governor signed Senate Bill (SB) No. 988 into law on September 29, 2024. It went into effect as the Freelance Worker Protection Act (FWPA) on January 1, 2025. The law creates specific protections for freelancers and many independent contractors.

Written Contracts

Contracts for more than $250 of freelance work must be in writing. The contracts must contain information about the services the freelancer will provide and the date by which they must complete the work.

The contracts must include:

• The name and address of the freelancer and the hiring party
• An itemized list of all the services to be provided, the value of those services, and the payment method
• The date by which the freelancer must have completed the work
• The date of pay

Timely Pay

Freelancers must receive payment for their work on time if their contract specifies a pay date. If the contract does not specify a pay date, the freelancer must receive their pay within 30 days after they complete the work.

Protection From Retaliation

Employers may not retaliate against any freelance worker for complaining about FWPA violations or trying to enforce it.

Enforcement

A freelancer can take civil action against a hiring party. Based on the offence, the courts can award the freelancer damages. 

For example:

• If the freelancer requests a copy of the written contract before they start work, but the hiring party refuses to provide one, the courts may award the freelancer an additional $1000
• If the hiring party fails to pay the freelancer on time, the courts may award the freelancer up to double the amount they were owed at the time the payment was due

The freelancer may also recover attorneys’ fees and costs, along with other remedies the court deems appropriate.

Has A Hiring Party Paid Late Or Failed to Pay? If You Are A Freelancer, The Freelance Worker Protection Act Can Help You Recover Your Pay And More. Contact Your California Employment Lawyers At D.Law!

While most hiring parties treat their freelancers well, some try to withhold payment or break other provisions of the FWPA – and that’s against the law in California! If you believe a hiring party has broken this law, our employment attorneys can help you get the pay you earned while working as a freelancer in the Bay Area, San Diego, Fresno, Los Angeles, and other CA cities. Contact us today to learn more about your rights in the workplace.