California 2023-2024 Regular Session Status: Enacted 1 D cosponsors
Similar bills in 1 other state →

SB 988 — Freelance Worker Protection Act.

Last action — Chaptered by Secretary of State. Chapter 870, Statutes of 2024.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 30, 2024. Enacted.

Signed by Governor Gavin Newsom (Democratic) on September 28, 2024.

Prognosis

Likely to advance 74% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 10 recorded votes so far.

  • Spreading across states

    Near-identical bills in 1 other state — cross-state momentum.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

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 Text

Action History

  1. Chaptered by Secretary of State. Chapter 870, Statutes of 2024.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Assembly amendments concurred in. (Ayes 34. Noes 3. Page 5560.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 70. Noes 0. Page 6550.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

  8. Read second time and amended. Ordered to second reading.

  9. From committee: Do pass as amended. (Ayes 12. Noes 0.) (August 15).

  10. August 7 set for first hearing. Placed on suspense file.

  11. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 25). Re-referred to Com. on APPR.

  12. From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 0.) (June 19). Re-referred to Com. on JUD.

  13. Referred to Coms. on L. & E. and JUD.

  14. In Assembly. Read first time. Held at Desk.

  15. Read third time. Passed. (Ayes 33. Noes 3. Page 4023.) Ordered to the Assembly.

  16. Read second time. Ordered to third reading.

  17. From committee: Do pass. (Ayes 5. Noes 2. Page 3967.) (May 16).

  18. Set for hearing May 16.

  19. April 29 hearing: Placed on APPR suspense file.

  20. Set for hearing April 29.

  21. Read second time and amended. Re-referred to Com. on APPR.

  22. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0. Page 3634.) (April 16).

  23. 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.

  24. Set for hearing April 16 in JUD. pending receipt.

  25. From committee with author's amendments. Read second time and amended. Re-referred to Com. on L., P.E. & R.

  26. Set for hearing April 10.

  27. Referred to Coms. on L., P.E. & R. and JUD.

  28. From printer. May be acted upon on or after March 1.

  29. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB988 Wiener Concurrence

Passed 34 Yea · 3 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 21001
Republican 2302
Total 34303
% of votes cast 85%8%0%8%
How each member voted (40)
Member Party Vote
Roth — Yea
Atkins — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Wilk — Yea
Eggman — Yea
Glazer — Yea
Dodd — Yea
Bradford — Yea
Skinner — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Not Voting
Dahle, Megan Republican Nay
Grove, Shannon Republican Yea
Jones, Brian W. Republican Nay
Niello, Roger W. Republican Not Voting
Ochoa Bogh, Rosilicie Republican Yea
Seyarto, Kelly Republican Nay

Official roll call →

SB 988 Wiener Senate Third Reading By Lee

Passed 70 Yea · 0 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 18000
Democratic 44003
Republican 8006
Total 70009
% of votes cast 89%0%0%11%
How each member voted (79)
Member Party Vote
Villapudua — Yea
Ting — Yea
Jones-Sawyer — Yea
McCarty — Yea
Rendon — Yea
Friedman — Yea
Wood — Yea
Low — Yea
Holden — Yea
Mathis — Yea
Maienschein — Yea
Rodriguez — Yea
Waldron — Yea
Santiago — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Yea
Wendy Carrillo — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Not Voting
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Not Voting
Valencia, Avelino Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Yea
Chen, Phillip Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Dixon, Diane Republican Yea
Essayli, Bill Republican Not Voting
Flora, Heath Republican Not Voting
Gallagher, James Republican Not Voting
Hoover, Josh Republican Not Voting
Lackey, Tom Republican Yea
Patterson, Joe Republican Not Voting
Sanchez, Kate Republican Not Voting
Ta, Tri Republican Yea
Wallis, Greg Republican Yea

Official roll call →

Do pass as amended.

Passed 12 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 9000
Unaffiliated 2001
Republican 1002
Total 12003
% of votes cast 80%0%0%20%
How each member voted (15)
Member Party Vote
Villapudua — Yea
Jim Patterson — Not Voting
Wendy Carrillo — Yea
Arambula, Joaquin Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Pellerin, Gail Democratic Yea
Wicks, Buffy Democratic Yea
Dixon, Diane Republican Yea
Sanchez, Kate Republican Not Voting
Ta, Tri Republican Not Voting

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 9 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 8000
Unaffiliated 1000
Republican 0003
Total 9003
% of votes cast 75%0%0%25%
How each member voted (12)
Member Party Vote
Maienschein — Yea
Bauer-Kahan, Rebecca Democratic Yea
Bryan, Isaac G. Democratic Yea
Connolly, Damon Democratic Yea
Haney, Matt Democratic Yea
Kalra, Ash Democratic Yea
McKinnor, Tina Democratic Yea
Pacheco, Blanca Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Dixon, Diane Republican Not Voting
Patterson, Joe Republican Not Voting
Sanchez, Kate Republican Not Voting

Official roll call →

3rd Reading

Passed 33 Yea · 3 Nay · 4 Other
Party YeaNayPresentNot Voting
Democratic 21100
Unaffiliated 10001
Republican 2203
Total 33304
% of votes cast 83%8%0%10%
How each member voted (40)
Member Party Vote
Roth — Yea
Atkins — Yea
Portantino — Yea
Newman — Yea
Wilk — Yea
Eggman — Yea
Glazer — Yea
Dodd — Yea
Bradford — Yea
Skinner — Yea
Min — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Nay
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Yea
Dahle, Megan Republican Not Voting
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Nay
Niello, Roger W. Republican Not Voting
Ochoa Bogh, Rosilicie Republican Yea
Seyarto, Kelly Republican Nay

Official roll call →

Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 8000
Unaffiliated 2000
Republican 0001
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Min — Yea
Wilk — Yea
Allen, Benjamin Democratic Yea
Ashby, Angelique V. Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Laird, John Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Niello, Roger W. Republican Not Voting

Official roll call →

Subjects

labor

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Frequently asked questions

What does SB 988 do?
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.
Who sponsors SB 988?
SB 988 is sponsored by Wiener, Scott D. (Democratic).
What is the current status of SB 988?
This bill has been enacted into law. Introduced January 30, 2024. Enacted.
Where can I track SB 988?
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