Freelance Worker Protection Act: Know Your Rights Under California Law

What Is the Freelance Worker Protection Act?

SB 988 is a California law that requires written contracts for qualifying freelance work, mandates prompt payment, and prohibits retaliation against freelancers who assert their rights under the law.

It applies to freelancers who:

• Are self-employed or operate through a single-member business entity
  
• Provide professional services such as writing, design, marketing, photography, HR consulting, or other skilled work
  
• Are paid $250 or more for a single project or within a calendar year by the same client
  
  
  

Your Rights Under the Law 

1. You Must Receive a Written Contract 

If the job is worth $250 or more, the hiring party must provide you with a written contract. That contract must include: 

• Names and addresses of both parties 
• A detailed description of the services 
• Payment rate and method (hourly, flat fee, etc.) 
• Payment due date or how that date will be determined 
• Deadlines for you to submit work or invoices, if applicable 

If your client doesn’t provide you with a contract, you may be entitled to seek damages.

2. You Must Be Paid On Time 

The law requires that clients pay you: 

• By the due date in your contract, or 
• Within 30 days of finishing the work if no date is stated 

Once you’ve started performing services, your client cannot reduce your rate or change the agreed-upon terms as a condition for paying you. 

If you have a late or missing payment from a client, you now have legal grounds to pursue compensation

3. You Are Protected From Retaliation 

Clients can’t punish you, blacklist you, or refuse to work with you in the future because you: 

• Requested a contract 
• Insisted on timely payment 
• Filed a complaint 
• Exercised your rights under the law 

If they do, you have the right to take legal action—and courts may award damages, legal fees, and even force your client to stop the retaliatory behavior. 

What You Can Do to Protect Yourself 

• Always ask for a contract before starting any project worth $250 or more 
• Keep copies of all contracts, invoices, and communication for at least 4 years 
• Track your payments and take note of when each payment is due 
• Speak up if you’re being underpaid, ignored, or pressured to accept unfair terms 
• Contact the Labor Commissioner’s Office or an employment attorney if you think your rights have been violated

What Happens If a Client Breaks the Law? 

If a client doesn’t comply, you can file a complaint or lawsuit to: 

• Recover the full amount you’re owed 
• Seek damages for late payments or retaliation 
• Get your legal fees reimbursed 
• Seek injunctive relief (a court order requiring your client to comply) 
• 
  

You no longer have to “let it go” or hope a client eventually pays—you now have the law on your side. 

Freelancers have been navigating inconsistent payments and unclear agreements for years. California’s Freelance Worker Protection Act finally gives you a legal framework to demand fairness, professionalism, and respect from the people you work with. 

Think your rights under the Freelance Worker Protection Act were violated? Contact Lawyers for Employee and Consumer Rights today for a free consultation.

Frequently Asked Questions

1. Does the Freelance Worker Protection Act apply to all California freelancers?

The law applies to many, but not all, freelancers working in California. It generally covers self-employed individuals or single-member business entities who provide professional services and are paid at least $250 by the same client for a single project or within a calendar year. Certain professions and industries may be exempt.

2. Do California freelancers need a written contract under SB 988?

Yes. Under California’s Freelance Worker Protection Act, covered freelance work must be governed by a written contract. The agreement must clearly outline the services to be performed, the rate of pay, and when payment is due. Verbal agreements alone are no longer sufficient for covered work.

3. When must clients pay freelancers under California law?

Clients must pay freelancers by the payment date specified in the contract. If no date is listed, California law generally requires payment within 30 days after the freelancer completes the work. Late or withheld payment may expose the client to penalties.

4. What happens if a client doesn’t pay a freelancer on time?

If a client fails to pay as required, freelancers may be entitled to damages, interest, attorneys’ fees, and other penalties under the law. The Act strengthens freelancers’ ability to enforce payment and hold clients accountable for noncompliance.

5. Can a client retaliate against a freelancer for asserting their rights?

No. The Freelance Worker Protection Act prohibits retaliation, including blacklisting, threats, or refusing future work because a freelancer requested a contract, demanded timely payment, or otherwise asserted their legal rights.

6. Does the law apply if the client is outside California?

The law may still apply if the freelancer performs work in California or is based in California, even if the client is located elsewhere. Determining coverage can depend on where the work is performed and the nature of the working relationship.

7. What should freelancers do to protect themselves under SB 988?

Freelancers should insist on a written contract before starting work, keep detailed records of services performed, and document payment terms and deadlines. If a client violates the law, speaking with a California employment or workers’ rights attorney can help you understand your options.