California Independent Contractor Agreement

A freelance / 1099 services agreement drafted to support contractor status under your state's test, with IP, confidentiality and payment terms.

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California rules that this document follows

Worker-classification testABC test — all purposes (Labor Code, wage orders, unemployment insurance, workers' compensation) unless a statutory Borello exemption appliesSource: Cal. Lab. Code § 2775 (AB 5 / AB 2257, codifying Dynamex); Cal. Unemp. Ins. Code § 621(b); Borello test for exempt occupations (Lab. Code §§ 2776-2784)
Freelance payment lawFreelance Worker Protection Act (SB 988) — written contract required above $250.00; pay within 30 daysSource: Cal. Bus. & Prof. Code §§ 18100-18107 (eff. Jan. 1, 2025); Los Angeles Mun. Code § 185.00 et seq. ($600 threshold)
Non-compete vs. contractorsnoSource: Cal. Bus. & Prof. Code §§ 16600, 16600.1, 16600.5 (void regardless of where signed; notice requirement)
Terms this contract includesnames and mailing addresses of both parties, itemized list of all services to be provided, value of services and rate/method of compensation, date payment is due or mechanism to determine it, date by which freelancer must submit list of services rendered to meet hiring party's billing deadline

Rules current as of 2026-09-07. Statutes change; verify before relying on them.

How to use this Independent Contractor Agreement in California

Describe the deliverables, not the hours; let the contractor set the schedule and use their own tools. Collect a W-9 before the first payment and file a 1099-NEC if you pay $600 or more in a year.

Pay on time — California's freelance law adds penalties for late payment.

Frequently asked questions

Does a contract make someone an independent contractor in California?

No. California applies the ABC test (Cal. Lab. Code § 2775 (AB 5 / AB 2257, codifying Dynamex); Cal. Unemp. Ins. Code § 621(b); Borello test for exempt occupations (Lab. Code §§ 2776-2784)) to the actual relationship. This agreement is drafted to support contractor status, but the parties must also behave accordingly: the contractor controls how the work is done, uses its own tools and works for others.

Is there a freelancer payment law in California?

Yes — Freelance Worker Protection Act (SB 988) (Cal. Bus. & Prof. Code §§ 18100-18107 (eff. Jan. 1, 2025); Los Angeles Mun. Code § 185.00 et seq. ($600 threshold)): written contract required for work over $250.00, payment within 30 days.

Can I add a non-compete?

In California: no (Cal. Bus. & Prof. Code §§ 16600, 16600.1, 16600.5 (void regardless of where signed; notice requirement)). This template deliberately omits non-competes; a narrow non-solicitation clause is optional.

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FormsByState provides self-help document templates and general information, not legal advice. We are not a law firm. For advice about your situation consult a licensed attorney in your state.