California’s New Freelance Worker Protection Act: What Court Reporters Need to Know in 2025

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“California’s New Freelance Worker Protection Act: What Court Reporters Need to Know in 2025” In a significant move to bolster protections for freelance professionals, California Governor Gavin Newsom signed Senate Bill 988, known as the Freelance Worker Protection Act (FWPA), into law on September 28, 2024. Effective January 1, 2025, this legislation introduces critical safeguards for freelancers, including mandatory written contracts and stringent payment timelines. For court reporters operating as independent contractors, understanding and leveraging the FWPA is essential to ensure fair compensation and legal compliance.

Key Provisions of the Freelance Worker Protection Act

The FWPA establishes several fundamental requirements aimed at protecting freelance workers:

  1. Mandatory Written Contracts: For engagements where the compensation is $250 or more, the hiring party must provide a written contract. This contract must include:
    • The names and mailing addresses of both the hiring party and the freelance worker.
    • An itemized list of services to be provided, detailing the value of each service and the rate and method of compensation.
    • The payment due date or the mechanism by which the payment date will be determined.
    • The date by which the freelance worker must submit a list of services rendered to facilitate timely payment.
  2. Timely Payment: The FWPA mandates that payment be made as specified in the contract. If the contract does not specify a payment date, compensation must be rendered no later than 30 days after the completion of services. Importantly, once work has commenced, hiring parties cannot require freelancers to accept less compensation than agreed upon or to provide additional services as a condition for timely payment.
  3. Anti-Retaliation Protections: The act prohibits hiring parties from discriminating or retaliating against freelancers who assert their rights under the FWPA. This includes protections for freelancers who oppose prohibited practices, participate in related proceedings, or seek to enforce their rights.
  4. Enforcement and Remedies: Freelancers have the right to bring civil actions against hiring parties that violate the FWPA. Available remedies include injunctive relief, reasonable attorney’s fees and costs, and specified damages. For instance, if a hiring party refuses to provide a written contract upon request, the freelancer may be awarded an additional $1,000. Failure to pay timely compensation can result in damages up to twice the unpaid amount.

Implications for Court Reporters

As a court reporter operating as a freelance professional, the FWPA offers significant protections to ensure fair treatment and prompt payment. Here’s how you can benefit:

  • Ensure Written Agreements: Always secure a written contract for assignments valued at $250 or more. This contract should clearly outline the services you will provide, the compensation rate, payment method, and payment schedule. Having a detailed contract not only aligns with FWPA requirements but also provides clarity and legal protection for both parties.
  • Adhere to Invoicing Procedures: Submit your invoices promptly and in accordance with the terms specified in your contract. Clearly itemize the services rendered and ensure that your invoices align with the agreed-upon rates and payment schedules. This practice facilitates timely payment and serves as a record in case of disputes.
  • Understand Your Rights: Familiarize yourself with the anti-retaliation provisions of the FWPA. If you encounter any adverse actions after asserting your rights—such as delayed payment, reduced compensation, or refusal of future work—you are protected under the law and can seek legal recourse.
  • Maintain Records: Keep thorough records of all contracts, communications, and invoices related to your freelance work. The FWPA requires hiring parties to retain contracts for at least four years; as a best practice, you should do the same. These records are invaluable if you need to enforce your rights or substantiate a claim.

Preparing for the FWPA Implementation

With the FWPA taking effect on January 1, 2025, it’s crucial to prepare accordingly:

  • Review Existing Contracts: Assess your current agreements to ensure they meet the FWPA’s requirements. If any contracts lack the necessary provisions, work with your clients to update them before the law takes effect.
  • Educate Your Clients: Inform your clients about the FWPA and its implications. Encourage them to adopt compliant practices, such as providing detailed written contracts and adhering to specified payment terms.
  • Seek Legal Advice if Necessary: If you’re uncertain about any aspects of the FWPA or how it applies to your work, consult with a legal professional specializing in labor law. They can provide guidance tailored to your specific situation and help ensure compliance.

Conclusion

The Freelance Worker Protection Act represents a significant advancement in safeguarding the rights of freelance professionals in California. For court reporters, this legislation ensures that your services are recognized with the respect and timely compensation they deserve. By understanding and adhering to the FWPA’s provisions, you can enhance your professional relationships, secure fair payment, and confidently navigate your freelance career.

For more detailed information, you can refer to the full text of the bill here.

Published by stenoimperium

We exist to facilitate the fortifying of the Stenography profession and ensure its survival for the next hundred years! As court reporters, we've handed the relationship role with our customers, or attorneys, over to the agencies and their sales reps.  This has done a lot of damage to our industry.  It has taken away our ability to have those relationships, the ability to be humanized and valued.  We've become a replaceable commodity. Merely saying we are the “Gold Standard” tells them that we’re the best, but there are alternatives.  Who we are though, is much, much more powerful than that!  We are the Responsible Charge.  “Responsible Charge” means responsibility for the direction, control, supervision, and possession of stenographic & transcription work, as the case may be, to assure that the work product has been critically examined and evaluated for compliance with appropriate professional standards by a licensee in the profession, and by sealing and signing the documents, the professional stenographer accepts responsibility for the stenographic or transcription work, respectively, represented by the documents and that applicable stenographic and professional standards have been met.  This designation exists in other professions, such as engineering, land surveying, public water works, landscape architects, land surveyors, fire preventionists, geologists, architects, and more.  In the case of professional engineers, the engineering association adopted a Responsible Charge position statement that says, “A professional engineer is only considered to be in responsible charge of an engineering work if the professional engineer makes independent professional decisions regarding the engineering work without requiring instruction or approval from another authority and maintains control over those decisions by the professional engineer’s physical presence at the location where the engineering work is performed or by electronic communication with the individual executing the engineering work.” If we were to adopt a Responsible Charge position statement for our industry, we could start with a draft that looks something like this: "A professional court reporter, or stenographer, is only considered to be in responsible charge of court reporting work if the professional court reporter makes independent professional decisions regarding the court reporting work without requiring instruction or approval from another authority and maintains control over those decisions by the professional court reporter’s physical presence at the location where the court reporting work is performed or by electronic communication with the individual executing the court reporting work.” Shared purpose The cornerstone of a strategic narrative is a shared purpose. This shared purpose is the outcome that you and your customer are working toward together. It’s more than a value proposition of what you deliver to them. Or a mission of what you do for the world. It’s the journey that you are on with them. By having a shared purpose, the relationship shifts from consumer to co-creator. In court reporting, our mission is “to bring justice to every litigant in the U.S.”  That purpose is shared by all involved in the litigation process – judges, attorneys, everyone.  Who we are is the Responsible Charge.  How we do that is by Protecting the Record.

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