We now have some thrilling information! Simply final week California State Senator Scott Wiener launched Senate Invoice 988 (SB 988) or as we wish to name it, the Freelance isn’t Free Act. As in different elements of the nation, the place we’ve been profitable in implementing related legal guidelines, it goals to make sure elementary protections for freelance employees, enforced by the State Labor Commissioner and the Lawyer Basic. These protections embody the appropriate to a contract, immediate fee inside 30 days of finishing work, and the appropriate to double damages for non-payment.

The give attention to freelance employee rights has intensified nationwide since we targeted our advocacy on increasing the Freelance Isn’t Free Act nationally, prompting latest legislative actions in New York, Illinois, Seattle, Minneapolis and the Metropolis of Los Angeles…

“Each particular person deserves honest compensation for his or her labor and recourse if mistreated.” Senator Wiener stated, “SB 988 addresses the plight of many freelance employees who face challenges equivalent to working with out contracts or enduring delayed funds.”

“Impartial employees throughout all industries are drawn to California in pursuit of their goals. Sadly, instances of non-payment by purchasers make these goals tougher to pursue,” stated Rafael Espinal, Government Director of the Freelancers Union. “I commend the sponsor of this invoice, Senator Weiner, for his help and dedication to this significant workforce. This laws will set up fee protections as the usual for all employees, offering a serious victory for the tens of millions of freelancers who play a big function in boosting the state’s financial system.”

Freelancing represents a quickly increasing and important section of the financial system. In 2022, 60 million People freelanced, constituting 39% of the workforce and contributing $1.35 trillion to the nationwide financial system.

Nonetheless, most freelancers lack primary labor protections, notably well timed fee. In keeping with research performed by Freelancers Union, 71% of freelancers skilled late or non-payment, with 59% dwelling paycheck to paycheck. Moreover, the bulk function with out written contracts, as solely 25% constantly have them.

In 2017, New York Metropolis pioneered the ‘Freelance Is not Free Act,’ permitting freelancers to get well unpaid wages. Since then, freelancers in New York have reclaimed over $2.5 million in unpaid invoices, but this quantity represents solely a fraction of what’s owed.

Related laws was handed within the Metropolis of Los Angeles in February 2023, but it surely has limitations, notably masking solely work carried out inside county limits. Given the rise of distant freelancing, particularly because of the pandemic, this loophole disincentivizes hiring freelance employees residing and dealing in Los Angeles.

Illinois (2023) and New York (2023) have enacted variations of SB 988, mirroring its core protections. The Freelance Employee Safety Act supplies primary protections, together with:

• Obligatory contracts for freelancers performing over $250 of labor for a hiring entity, specifying work scope, pay charge, and fee technique.
• 30-day fee phrases, until in any other case specified within the contract.
• Safety in opposition to coercion for sooner fee.
• Anti-retaliation measures in opposition to freelancers pursuing fee.
• Double damages for non-payment, masking prices and legal professional’s charges.

“The Nationwide Writers Union and the coalition of freelance writers, media employees, photographers, graphic artists, authors and others, wish to thank Senator Wiener, and the California Teamsters Public Affairs Council for advancing the wanted protections that freelance employees deserve,” stated Larry Goldbetter, President of the Nationwide Writers Union. “We’re one-third of the workforce, but over 70% of freelancers expertise late fee or no fee in any respect. After having Freelance Isn’t Free payments signed into legislation in New York State, Illinois and Los Angeles in 2023, we’re taking our marketing campaign statewide, to Sacramento. Freelance Isn’t Free works! Beneath the NYC legislation, freelancers have recovered greater than $2.5 million in unpaid invoices, and at the moment 41 freelancers are amassing $275,000, double damages, from a writer with a sample and apply of non-payment and late fee. It is a stable flooring from which to construct out the total set of labor protections that freelance employees deserve, statewide and nationally.”

SB 988 goals to safeguard freelance employees’ rights and tackle the prevalent concern of non-payment, reflecting a rising recognition of the significance of defending this important workforce sector. We hope to efficiently increase these protections to California state, and ultimately, nationwide.

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