Freelance Contract for California
Generate a freelance contract that complies with California law — with 3 mandatory clauses and 6 compliance checks built in.
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Key legal considerations
You are generating a California freelance agreement. CRITICAL: California AB 5 (Lab. Code § 2775) presumes all workers are employees unless the hiring entity proves all three prongs of the ABC test: (A) worker is free from control and direction, (B) work is outside the hiring entity's usual business, (C) worker is customarily engaged in an independently established trade. Structure the agreement to support all three prongs. Avoid language suggesting employer control (set hours, office requirements, exclusivity). Include clear IP assignment provisions. California also has the Freelance Worker Protection Act requiring written contracts for qualifying engagements.
What's required
Mandatory clauses for a valid freelance contract under California law.
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
Terms and provisions that are void or unenforceable under California law.
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.
Cal. Lab. Code § 2775; Dynamex (2018)
Legal references
Key statutes and regulations that govern freelance contracts in California.
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Assembly Bill 5 (AB 5)
Cal. Lab. Code § 2775 et seq.
Codifies the ABC test for independent contractor classification; presumes workers are employees unless all three prongs of the test are satisfied.
Dynamex Operations West, Inc. v. Superior Court
Dynamex (2018) 4 Cal.5th 903
California Supreme Court decision establishing the ABC test as the standard for worker classification under California wage orders.
California Freelance Worker Protection Act
Cal. Lab. Code § 2778.1 et seq.
Provides additional protections for freelance workers including written contract requirements for engagements over specified thresholds.
Compliance checklist
Automated compliance checks for every California freelance contract.
Engagement satisfies the AB 5 ABC test
criticalWritten contract with complete terms
criticalIP ownership clearly addressed
warningNo employer-like control provisions
critical
+2 more compliance checks
Generate to see full reportFreelance Contract in other jurisdictions
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Frequently asked questions
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