Do I Need a Written Contract for California Freelancers?
If you pay freelancers in California for work worth $250+, a written contract isn't optional — it's the law.
California SB 988 Requirements Overview
Under the California Freelance Worker Protection Act (SB 988), all business-to-freelancer agreements valued at $250 or more must be in writing. The contract must be executed prior to commencing work, and final payments must be cleared within 30 days of invoice receipt, unless a mutual written timeline is specified.
Key Legal Notice:
- Failure to provide a written contract is a direct statutory violation.
- Hiring parties who pay late face double damages and attorney fee liabilities.
- SB 988 rights cannot be waived by any contractual clauses.
Copywriter & Content Strategist SB 988 Contract Template
Review and copy this basic statutory template text. It contains the strict boilerplate language required by the State of California, customized specifically for freelance copywriter & content strategists.
FREELANCE COPYWRITING & CONTENT AGREEMENT ================================================== This Content Creation Agreement is fully subject to California SB 988 regulations for independent contractors. 1. PARTIES: - Writer: [Your Name / Copywriter Brand] - Client: [Client Name / Company] 2. DELIVERABLES & COMMERCIAL USAGE: - Scope: SEO Articles, Copywriting, Marketing Collateral, and Scriptwriting. - Usage License: Writer grants Client a conditional license to publish and distribute the copy. This license is automatically suspended if payment is delayed beyond the statutory limit. 3. FINANCIAL TERMS: - Total Compensation: $[Enter Amount] - Payment Window: Payment must be finalized on or before the 30th day following invoicing. 4. CA CIVIL CODE PENALTIES: - Late payments trigger statutory double damages under CA SB 988. Client explicitly acknowledges that unauthorized usage of copy during a payment default may incur additional copyright infringement liabilities.
Frequently Asked Questions (FAQ)
Q: What must a California freelance contract include under SB 988?
A: At minimum: names of both parties, itemized services, compensation amount, payment method, and the payment date or schedule.
Q: Does the $250 threshold apply per project or per year?
A: It applies per project, OR if the total value of multiple projects from the same client within 120 days exceeds $250.
Q: What if my client refuses to sign a written contract?
A: Refusal to provide a written contract is itself a violation of SB 988. You can file a complaint with the California Labor Commissioner.