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   Alyson Decker (alysondecker@mstdn.social)'s status on Wednesday, 16-Oct-2024 06:48:23 JST Alyson Decker

   If it wasn’t already confusing enough for California employers trying to figure out who can be an independent contractor and what test applies (when in doubt treat everyone like a W2 and if you need a legal analysis, reach out, because these are not easy questions to answer), SB 988, the “Freelance Worker Protection Act”, was just signed into law last month. (https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB988)

   Photo by Chris Liverani on Unsplash.

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     Alyson Decker (alysondecker@mstdn.social)'s status on Wednesday, 16-Oct-2024 06:48:19 JST Alyson Decker

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     Additionally, and unlike traditional contracts, there are specific mandated damages for breaches of both a freelance contract and the FWPA by the “employer”, including a $1,000 penalty for failing to provide a written contract prior to the commencement of work.

     So if you need help putting together your new independent contractor contracts, reach out and let’s get your 2025 off to a compliant start.

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     Alyson Decker (alysondecker@mstdn.social)'s status on Wednesday, 16-Oct-2024 06:48:20 JST Alyson Decker

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     Freelance workers are also to be protected from retaliation and hiring parties cannot, as a condition of timely payment, change the terms of the agreement (specifically the amount of compensation, the services to be performed, or the IP rights) once performance has begun.

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     Mr. Bill repeated this.
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     Alyson Decker (alysondecker@mstdn.social)'s status on Wednesday, 16-Oct-2024 06:48:21 JST Alyson Decker

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     2. “An itemized list of all services to be provided by the freelance worker, including the value of those services and the rate and method of compensation.”
     3. The date payment is due or a description of how that date will be determined. (If unspecified, then payment is due no later than 30 days after completion of the services.)
     4. The date the services are to be completed by to allow for timely payment.

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     Alyson Decker (alysondecker@mstdn.social)'s status on Wednesday, 16-Oct-2024 06:48:22 JST Alyson Decker

     in reply to

     Starting January 1, 2025, the FWPA requires a written contract for all new or renewed agreements involving freelance workers earning $250 or more within a 120 day period. (In the past, only certain categories of independent contractors required written agreements.) And the contract must include (on top of any other requirements already codified into law):
     1. “The name and mailing address of each party.” (Yes, an actual mailing address, not just an email address.)

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