The California Freelance Workers Protection Act (Freelance isn’t free bill) SB 988

April 1, 2024

Senator Scott Wiener

1021 O St., Suite 8620

Sacramento, CA 95814

Regarding Senate Bill 988: Freelance Workers Protection Act.

Dear Senator Wiener:

On behalf of American Photographic Artists, Inc., I write to express strong support for Senate Bill 988, which provides basic protections for freelance workers by including mandatory contracts, payment terms, payment agreement protections, anti-retaliation and damages clauses.

American Photographic Artists, Inc. ("APA") is a 501(c)(6) trade association representing photographic professionals and professionals in the photographic community throughout the United States, since1981. With over 2200 members, the majority who reside in California. Our members are self-employed, independent small businesses.

Freelancing is a rapidly growing and crucial sector of the economy. In 2022, 60 million Americans freelanced, making up 39% of the total workforce and contributing $1.35 trillion to the national economy. Most freelancers lack basic worker protections, most notably, prompt payment. According to the Freelancers Union, 71% of workers experienced late or non-payment. 59% report living paycheck to paycheck. Most freelancers do not have written contracts, as only 25% reported they consistently have written contracts.

In February 2023, similar legislation was passed in Los Angeles County. However, the ordinance only covers freelance work performed within the city limits. This loophole incentivizes hiring entities to search for freelance workers outside of Los Angeles. SB 988 also gives the State Labor Commissioner the authority to enforce these protections; and gives the Attorney General the ability to investigate and initiate civil action against hiring entities, which have violated the law.

For these reasons American Photographic Artists, Inc is proud to support SB 988. If you have any questions, please contact executivedirector@apanational.org

Sincerely,

Juliette Wolf Robin

APA National Executive Director