California Expands Protections for Freelance Workers | Modern Restaurant Management | The Business of Eating & Restaurant Management News

Effective January 1, 2025, companies using freelance workers must comply with the Freelance Worker Protection Act (“FWPA”). FWPA was signed by Governor Newsom on September 28, 2024 as Senate Bill (“SB”) 988. FWPA passed with a 70-0 vote in the State Assembly and a 34-3 vote in the State Senate.

According to a press release by one of the bill’s authors, State Senator Scott Weiner, freelance workers make up 39 percent of the total U.S. workforce and contribute $1.35 trillion to the economy. Additionally, only 25 percent of freelance workers reported having written contracts.

FWPA applies to contracts entered into or renewed on or after January 1, 2025. FWPA defines “freelance worker” as a person hired as an independent contractor to provide professional services of $250 or more within a 120 day period. FWPA defines a hiring party as any person or organization that retains a freelance worker to provide professional services, except government entities and individuals…

Pooja S. Nair

A partner at Ervin Cohen & Jessup LLP, Pooja S. Nair is a business litigator and problem solver with a focus on the food and beverage sector. She advises food and beverage clients, startups and other businesses on a comprehensive range of issues, including employment, trade secrets, partnership disputes, contract negotiations and intellectual property.

Nair focuses on finding creative, long-term solutions to the business problems affecting companies of all sizes, from startups to publicly traded entities. She combines litigation experience with a strategic perspective, so that legal decisions make sense on a business level.

Prior to joining ECJ, Nair practiced at TroyGould, where she was the head of the Food and Beverage practice group. She also spent five years at Foley & Lardner focused on white collar criminal defense and internal investigations.

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Pooja S. Nair