The newly enacted Freelance Worker Protection Act (FWPA) protects freelance workers’ hard-earned income and work agreements. This Act aims to bring greater clarity and security to the freelance worker industry in California.
For too long, independent contractors working as freelance workers have faced uncertainty regarding payment timelines and the terms of their work. The FWPA directly addresses these issues, establishing clear requirements for California employers who hire freelance workers.
What Does the Freelance Worker Protection Act Require?
- Written Contracts are Mandatory: Forget about relying on verbal agreements! The FWPA now requires that the hiring-company provide a written contract to all freelance workers. This contract serves as a vital document outlining the scope of work, payment terms, deadlines, and other crucial aspects of the agreement. Furthermore, hiring-companies are now legally obligated to retain a copy of this written contract for a minimum of four years. This requirement ensures that there is a clear record of the agreed-upon terms should any disputes arise.
- Timely Payment is Now Mandated: Say goodbye to payment delays! The FWPA now legally requires hiring-companies to pay their freelance workers on or before the date explicitly specified in their written contract. If the contract doesn't include a specific payment date, then the hiring-company must pay within thirty days after the freelance worker completes the agreed-upon work. This provides a much-needed safety net for freelancers, ensuring they receive their compensation in a predictable and reasonable timeframe.
Empowering Freelancers: Your Right to Take Action
The FWPA empowers freelance workers to file a civil lawsuit to enforce the provisions of this law. This means that if a hiring-company violates any part of this law (for example, by failing to provide a written contract or failing to pay the worker on time), the freelance worker can seek justice in court.
The FWPA allows a prevailing freelance worker in such lawsuits to recover:
- Attorneys’ fees: This can significantly reduce the financial burden of pursuing legal action.
- Injunctive relief: A court order compelling the employer to comply with the FWPA in the future.
- Any other remedies deemed appropriate by the court: This provides flexibility for the court to address the specific harm caused by the employer's violation.
Protect Your Rights as a Freelance Worker
If you are a freelance worker in California, it is crucial to understand your rights under this new law. Ensure you have a written contract for every engagement and be aware of the mandated payment deadlines. The FWPA is a powerful tool designed to protect your rights and ensure you are compensated fairly and promptly for your valuable work.
If you believe you have experienced a violation of the FWPA, contact Sani Law today.
