Notices by Alyson Decker (alysondecker@mstdn.social), page 2

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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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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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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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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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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@georgetakei Oh- I thought they just all used “Under the Sea”.

Last week I presented at NSS's International Space Development Conference and had the pleasure of being a panelist (x2) during the all day Space Law & Policy Session.

And, yes, I did have space themed nails for the conference!

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#fedilaw #lawfedi #ISDC #spacelaw #spacepolicy #spacesustainability #sustainability

Apparently a lot of people are learning today that the US has never been a party to the ICC and has never agreed to its jurisdiction.

@atomicpoet wait… some people like crowds?

@atomicpoet so many.