SB 988 California Senate · 2023-2024 Regular Session

Freelance Worker Protection Act.

Summary
Existing law generally regulates employment and, with certain exceptions, requires a 3-part test, commonly known as the "ABC" test, to determine if workers are employees or independent contractors for purposes of the Labor Code, the Unemployment Insurance Code, and the wage orders of the Industrial Welfare Commission. This bill would impose minimum requirements, commencing January 1, 2025, relating to contracts between a hiring party and a freelance worker, defined as a person, as specified, that is hired or retained as a bona fide independent contractor by a hiring party to provide professional services in exchange for an amount equal to or greater than $250, as specified. Specifically, the bill would require a hiring party to pay a freelance worker the compensation specified by a contract for professional services on or before the date specified by the contract or, if the contract does not specify a date, no later than 30 days after completion of the freelance worker's services. The bill would require a contract between a hiring party and a freelance worker to be in writing and would require a hiring party to retain the contract for no less than 4 years. The bill would prohibit a hiring party from discriminating or taking adverse action against a freelance worker for taking specified actions relating to the enforcement of these provisions. The bill would authorize an aggrieved freelance worker or a public prosecutor to bring a civil action to enforce these provisions, as specified.
Bill status signed all 5 stages cleared
Introduction
Jan 2024
Committee Review
Jun 2024
Senate Passage
May 2024
Assembly Passage
Aug 2024
Signed into Law
Sep 2024
Introduced Jan 30, 2024 Signed Sep 28, 2024
Floor votes · Senate May 20, 2024 · Assembly Aug 26, 2024

How they voted

33–3
Passed · 4 other
Total votes 40
May 20, 2024
D Democratic31
30 Yea 1
96% Yea
R Republican9
3 Yea 3 Nay 3
33% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
29
Key actions
13
Committee
6
Amendments
7
Sep 28, 2024
Signed into law
Approved by the Governor.
legislature
Aug 28, 2024
Upper · Passed
Assembly amendments concurred in. (Ayes 34. Noes 3. Page 5560.) Ordered to engrossing and enrolling.
upper
Aug 26, 2024
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Aug 26, 2024
Lower · Passed
Read third time. Passed. (Ayes 70. Noes 0. Page 6550.) Ordered to the Senate.
lower
Aug 19, 2024
Lower · Passed
Read second time and amended. Ordered to second reading.
lower
Aug 15, 2024
Lower · Passed
From committee: Do pass as amended. (Ayes 12. Noes 0.) (August 15).
lower
Jun 25, 2024
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 25). Re-referred to Com. on APPR.
lower
Jun 20, 2024
Lower · Passed
From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 0.) (June 19). Re-referred to Com. on JUD.
lower
May 28, 2024
Committee
Referred to Coms. on L. & E. and JUD.
lower
May 20, 2024
Upper · Passed
Read third time. Passed. (Ayes 33. Noes 3. Page 4023.) Ordered to the Assembly.
upper
May 16, 2024
Upper · Passed
From committee: Do pass. (Ayes 5. Noes 2. Page 3967.) (May 16).
upper
Apr 18, 2024
Upper · Passed
Read second time and amended. Re-referred to Com. on APPR.
upper
Apr 17, 2024
Upper · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0. Page 3634.) (April 16).
upper
Apr 10, 2024
Upper · Passed
From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 0. Page 3562.) (April 10). Re-referred to Com. on JUD.
upper
Apr 1, 2024
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on L., P.E. & R.
upper
Feb 14, 2024
Committee
Referred to Coms. on L., P.E. & R. and JUD.
upper
Jan 30, 2024
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Scott Wiener
Scott Wiener
DDemocratic
CA
11