California Laws regarding payment of 1099 contractors

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.


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