State Sen. Wiener introduces bill to protect freelancers
California State Senator, Scott Wiener, represents District 11 which includes all of San Francisco, Broadmoor, Colma, and Daly City, as well as portions of South San Francisco. (Photo courtesy Lorie Leilani Shelley/Office of Scott Wiener)
SAN FRANCISCO - A bill that would strengthen the rights of freelance workers was introduced this week by state Sen. Scott Wiener, D-San Francisco.
Senate Bill 988, or the Freelance Workers Protection Act, would give freelancers the right to contract and be paid within 30 days of the conclusion of the work. Freelancers would also be given the right to seek damages for non-payment at the rate of double the amount of wages withheld, according to Wiener.
"Many freelancers are being ripped off," said Wiener in a statement released by his office Wednesday, adding that they are working without contracts or not being paid in a timely fashion.
Chris Griswold, president of Teamsters Joint Council 42, said that the bill would also close loopholes to combat wage theft.
According to Wiener, freelancing grew during the COVID-19 pandemic and is a crucial sector of the economy. In 2022, 60 million Americans freelanced -- that's 39 percent of the workforce.
The Freelancers Union, a nonprofit that supports independent workers, 71 percent of such workers have experienced late or non-payment. Fifty-nine percent report living paycheck to paycheck, and only 25 percent report working with written contracts.
Wiener said he is a taking a nod from New York, which passed the nation's first law protecting freelancers with the Freelance Isn't Free Act in 2017, which has recouped over $2.5 million in unpaid invoices for workers in the state.
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A similar law already exists in Los Angeles County, but Wiener hopes SB 988 will cover all freelancers across the state, especially since remote work has become more endemic.
SB 988 would establish the following:
-Mandatory contracts for any freelancer performing over $250 of work over a four-month period. Contracts would outline the scope of the work expected, the pay rate and the method of payment.
-30-day payment terms.
-Clients cannot require that freelancers accept less than the contract states in exchange for faster payment, nor can clients retaliate against freelancers seeking payment.
-Freelancers who are not paid are entitled to damages equal to double to payment specified in their contract, plus attorney's fees.
If passed, SB 988 would be enforced by the state's labor commissioner and attorney general.
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