Can I Get Double Damages for Unpaid Freelance Work Under SB 988?

California's SB 988 lets freelancers recover double the unpaid amount plus attorney fees when clients violate the Freelance Worker Protection Act.

Short answer: Yes, if the hiring party violated the Freelance Worker Protection Act (SB 988), you can recover double the unpaid contract amount plus attorney fees in California court.

SB 988 took effect January 1, 2025. It's the strongest freelancer payment protection law in the country, and most California freelancers don't know it exists.

What SB 988 Actually Requires

The law applies to any freelance contract worth $250 or more. Under Labor Code § 2778, the hiring party must:

1. Provide a written contract before work begins
2. Pay the freelancer by the date specified in the contract, or within 30 days of work completion if no date is specified
3. Not retaliate against freelancers who assert their rights

> California Labor Code § 2778 (SB 988) — Hiring parties must pay freelancers by the contract date or within 30 days of completion. Failure to pay triggers double damages, attorney fees, and injunctive relief.

The "written contract" requirement is the part that catches clients off guard. A verbal agreement, a handshake deal, or a Slack message saying "yeah, do the thing" doesn't satisfy the statute. If the hiring party failed to provide a written contract, that's an independent violation — even if they eventually pay.

How Double Damages Work

The math is straightforward. If a client owes you $5,000 for completed work and violates SB 988, you can recover:

• $5,000 in unpaid compensation
• $5,000 in statutory damages (the "double" part)
• Reasonable attorney fees
• Injunctive relief (a court order forcing payment)

That $5,000 dispute just became a $10,000+ claim. The fee-shifting provision means the client pays your lawyer too.

| SB 988 Violation | Damages Available | |---|---| | Late payment (past contract date or 30 days) | 2x unpaid amount + attorney fees | | No written contract provided | 2x amount + attorney fees | | Retaliation for asserting rights | 2x amount + attorney fees + injunctive relief | | All three combined | 2x + fees + injunction + costs |

What You Need to Qualify

Three requirements:

You must be a "freelance worker" under the statute — an independent contractor, not a W-2 employee. The contract must be worth $250 or more (individually or in aggregate over 120 days). And you must have actually completed the work or the portion of work you're claiming payment for.

The $250 threshold is cumulative. Five $60 invoices to the same client over 4 months? That's $300 in aggregate. SB 988 applies.

How a Demand Letter Triggers the Penalty

A demand letter citing SB 988 and Labor Code § 2778 does something a generic "pay me" letter can't: it puts the client on formal notice that they're exposed to double damages. Most clients who ignored the original invoice respond to the demand letter because the math just doubled.

Send the letter. Cite the statute. Set a 14-day deadline. If they don't pay, the demand letter becomes your evidence that they knew the exposure and chose to gamble.

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Keep Reading

• Demand Letters for Freelancers: How to Collect When a Client Won't Pay
• How Much Does a Demand Letter Cost in California?
• Small Claims Court vs. Demand Letter: Which Is Faster for Unpaid Invoices?

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This article is general information only and is not legal advice. Consult a licensed attorney for advice specific to your situation.