Editor’s note: This article is an updated version of the original written by Carolyn Crist in 2020.
We’ve all been there. Fighting for payment is never fun, especially after spending weeks or months working on an article and it’s gone through a strenuous edit. For this updated tip sheet, we crowdsourced advice from other freelancers, read online resources and consulted a media lawyer.
To start, freelancers should know that nonpayment is unacceptable. If work has been completed, it is illegal to withhold payment. The Freelancers Union and The Freelancer have written about this and offer options, and the Freelance Isn’t Free Act may be useful for those in New York City.
Since New York City enacted the law in 2017, several cities have followed suit, including Seattle, Minneapolis, Los Angeles and Columbus. Illinois passed a law protecting freelancers in August 2023.
Tips for making payment clear and easy
Discuss payment terms at the start If you get an assignment with editors you’ve worked with in the past, double-check the fee to make sure you’re receiving the amount that you expect, especially since a large number of publications have decreased their fees or budgets. If you’re working with a new editor, ask about payment terms upfront and for the contact information of the person or department ultimately responsible for paying you.
Sign a contract Don’t forget to sign contracts that outline work expectations, payment and payment terms including the kill fee, whether payment is for the contracted or published word count, and whether payment is upon acceptance or publication. Establish that payment is due upon receipt, if possible, or next 30 days. Read the contract carefully because some freelancers have been surprised by lower fees than what was initially agreed on. See AHCJ’s contract advice.
Update vendor forms If you’ve changed addresses within the past year or since you last worked with a publication, double-check that your vendor forms are updated so that the check isn’t lost in the mail.
Set up direct deposit It’s worth asking for direct deposit payment to speed up the process. Plus, many online systems offer a way to track invoices so you can see where the payment is held up — either at editor approval, administrator approval, payment issuance or with your bank.
Invoice immediately and professionally Many freelancers say they invoice the minute the final edit is complete. Some writers create an invoice template in Word, while others use one provided by the publication. You can also pay for one of many invoice software applications available online, such as FreshBooks, QuickBooks or Wave, that allow you to send invoices and track payments.
Ask for a downpayment For larger assignments, freelance writers may be able to negotiate a first payment, for example, when the outline is submitted. If there are payment problems down the road, at least you’ll have some money in hand.
Tips for dealing with late or non-payments
Check in with editors and accounting If you submit invoices directly to editors after an assignment and payment is a few days late, the first step is to check when they passed it along. Depending on publication, some editors submit immediately, but others submit weekly or on another regular schedule. Don’t hesitate to ask your editor and the appropriate additional offices for specifics about exactly when the payment will be processed.
Put it in writing Some freelance writers have found success in submitting updated invoices with late fees and “due by” dates. Others have written demand letters, explaining that the outlet is in breach of an agreement and concluding by saying, “This correspondence is without prejudice to any of my other rights and remedies, all of which are expressly reserved,” which suggests that you’ve consulted a lawyer.
Small claims court Small claims court is a viable option, said attorney Charles Glasser, the outside counsel to Freelance Investigative Reporters and Editors. “It’s easy and you don’t have to have a lawyer,” Glasser said. Some small claims courts have downloadable complaint forms. Glasser suggested naming the assigning editor as a defendant as well as the publisher.
File a complaint Take advantage of any local laws protecting freelance workers. You may be able to report non-payment to a local or state authority, as New York City offers through its Department of Consumer Affairs.
Walk away If nothing works, you may have to walk away and never work for that publication again. In these precarious times for journalism, many publications have gone out of business owing reporters money.
Farm it out It may be worth your while to hire a part-time virtual assistant such as Time etc to help with invoicing, tracking payments and following up on late pay. The assistant can do other tasks as well, including updating your website. Time etc pricing starts at $370 a month for 10 hours.
