California Freelance Worker Protection Act: Employer Compliance Checklist
Running visual media production without a contract in California is high risk. SB 988 mandates written terms for visual assets over $250. Use this commercial template to ensure you keep RAW rights until paid.
California SB 988 · Effective Jan 1, 2025
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Know the Law
California SB 988 — Plain English
Written contract is mandatory
Any California freelance engagement worth $250 or more — individually or cumulative within 120 days — must have a written contract. An email chain counts only if it specifies parties, services, rate, and payment date.
30 days to pay, no excuses
Once you submit an invoice, the client has 30 calendar days to pay — unless your written contract specifies a different date. There is no grace period. Day 31 onwards, double damages begin accruing.
Late? You owe double.
If payment is late, the contractor is entitled to damages equal to the full unpaid amount — effectively doubling what the client owes. Plus reasonable attorney fees and court costs. This right cannot be waived by contract.
🔥 If they're 30+ days late, this is your move
Step 1 → Generate a formal SB 988 demand letter (states exact double-damage amount + 10-day response window).
Step 2 → If no response, file in California Small Claims Court (up to $12,500, no lawyer needed).
Step 3 → Present the demand letter as evidence — judge awards double damages automatically under SB 988.
Sample Language
Photography Services Contract Template Preview
If a client is using your images in live marketing campaigns but ignoring your invoice, they are violating both Copyright Law and CA SB 988. Lock down your rights.
COMMERCIAL PHOTOGRAPHY & VISUAL MEDIA AGREEMENT ================================================== This Visual Media Production Agreement is drafted in strict accordance with California SB 988 guidelines. 1. PARTIES: - Media Provider: [Your Name / Photography Studio] - Client: [Client Agency / Brand Name] 2. SCOPE OF PRODUCTION & RAW ASSETS: - Scope: Commercial Photography, Video Editing, and Creative Asset Delivery. - RAW Files: RAW Deliverables remain exclusively locked under the photographer's copyright until the Client settles 100% of the agreed compensation. 3. PAYMENT STRUCTURE: - Contract Value: $[Enter Amount] - Settlement Window: Client must settle all outstanding invoices within 30 days of final visual media watermarked delivery. 4. STATUTORY ENFORCEMENT & DOUBLE DAMAGES: - Continued commercial usage of delivered assets during an active payment default constitutes a willful violation of CA SB 988, rendering the Client liable for double statutory damages and collection costs.
Pricing
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Starter credits pack
For occasional legal questions or quick clause explanations. About 40 Q&A calls, 20 dispute plans, or 13 document drafts.
40 credits
Popular credits pack
Best value for individuals and small teams. About 150 Q&A calls, 75 dispute plans, or 50 document drafts.
150 credits
Pro credits pack
Designed for heavy users such as lawyers, founders, or HR teams. About 360 Q&A calls, 180 dispute plans, or 120 document/contract drafts.
360 credits
Credits work across all features; each call deducts 1-3 credits based on complexity.
FAQ
Frequently asked questions
- Who enforces the California Freelance Worker Protection Act?
- The California Division of Labor Standards Enforcement (DLSE), also known as the Labor Commissioner's Office, handles complaints and enforcement.
- Do non-profit organizations need to comply with SB 988?
- SB 988 applies to all 'hiring parties' — which includes businesses, non-profits, and individual entrepreneurs who engage freelancers.
- Can I use an online template to comply with SB 988?
- Yes, if the template includes all required clauses. AI-generated contracts built specifically for SB 988 compliance are the safest option.
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