Do I need a written freelance contract in California?

Yes, for engagements valued over $250, the Freelance Worker Protection Act requires a written contract specifying the work scope, payment terms, and completion date.

How does AB 5 affect freelance contracts in California?

AB 5 codifies the ABC test, which presumes workers are employees. To classify someone as a freelancer, the hiring entity must prove the worker meets all three prongs of the test.

Can a California freelance contract include a non-compete?

No. Under B&P Code § 16600, non-compete clauses are generally void in California, including in freelance agreements.

Freelance Contract for California

Generate a freelance contract that complies with California law, with CA-specific clauses, legal requirements, and jurisdiction-aware protections.

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California legal context

California has some of the strictest freelance and independent contractor laws in the country. Assembly Bill 5 (AB 5) codified the ABC test for worker classification, making it harder to classify workers as independent contractors. The Freelance Worker Protection Act (effective 2025) requires written contracts for engagements over $250 and mandates payment within 30 days.

What's required

AB 5 Independent Contractor Classification
Cal. Lab. Code § 2775 (AB 5); Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903
Freelance Payment Terms
Cal. Civ. Code § 3289
IP Ownership and Work Product
Cal. Lab. Code § 2870 (employee inventions, referenced by analogy)

What's prohibited

Language implying employer-employee relationship while classifying as freelancer
Under AB 5 and the ABC test, a worker who does not satisfy all three prongs is an employee by law. Contract language cannot override the statutory test. Using terms like 'required hours,' 'must report to office,' or 'exclusive engagement' undercuts the independent contractor classification.

Key CA statutes

Assembly Bill 5 (AB 5)
Cal. Lab. Code §§ 2775-2787
Codifies the ABC test for worker classification, limiting who can be classified as an independent contractor.
Freelance Worker Protection Act
Cal. Lab. Code § 2778 et seq.
Requires written contracts for engagements over $250 and payment within 30 days.

California-specific considerations

ABC Test for Classification
Workers are presumed employees unless the hiring entity proves all three prongs of the ABC test, the worker is free from control, performs work outside the usual course of the hiring entity's business, and is engaged in an independently established trade.
Written Contract Required
For engagements over $250, a written contract is mandatory under the Freelance Worker Protection Act.
30-Day Payment Requirement
Hiring entities must pay freelancers within 30 days of completed work or the agreed-upon date.
Non-Compete Prohibition
California prohibits non-compete clauses in freelance agreements under B&P Code § 16600.