California Laws regarding payment of 1099 contractors

UPDATED: Oct 1, 2022

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California Laws regarding payment of 1099 contractors

Invoiced a very large entertainment company three months ago and have not yet
received payment. How long do they have to pay me in California.

Asked on September 11, 2017 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The law does not state how long someone has to pay a contractor: it is by contract or agreement--i.e. what does the contract say? What payment terms did the two of you agree to? Note that for future reference, all contracts should include payment terms (e.g. "within 30 days") so there is a clear, enforceable timeline.
If there is nothing in the contract indicating how long they have to pay, if you sue, a court will have to try to determine what the payment terms most likely were. If you had prior invoices with them, they'll look at how long it took for you to be paid on them. If not, the court will look to how long this company generally takes to pay contractors...if that still doesn't provide clear guidance, the court would to industry norms: how long do contractors like you, working for companies in this industry, generally wait for payment.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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