Freelance Worker Protection Act: Know Your Rights Under California Law
April 17, 2025
Freelance Worker Protection Act: Legal Rights for California Freelancers
Starting January 1, 2025, California officially enacted the Freelance Worker Protection Act (SB 988)—a big win for independent contractors across the state.
If you’re a freelancer, gig worker, or solo entrepreneur who provides services to clients in California, this law is designed to protect your rights, ensure you get paid on time, and promote transparency in your work relationships.
Here’s what you need to know to protect yourself, get what you’re owed, and hold clients accountable.
What is the Freelance Worker Protection Act?
SB 988 is a new California law that requires written contracts for freelance work, mandates timely payment, and prohibits retaliation if you assert your rights.
It applies to freelancers who:
- Are self-employed or operate through a single-member business entity;
- Provide professional services like 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.
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