Freelancer Unpaid Invoice Statutory Late Interest & Double Damages Calculator
Calculate statutory late interest and double-damages penalties under freelance protection laws (NYC/NY 'Freelance Isn't Free' Act, California SB 988, UK Late Payment Act).
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3. How the rule works
Who this is for
Freelancers and independent contractors with an overdue invoice who want to know what a client owes on top of the invoice in New York, California or the UK.
These statutes protect individual freelancers or businesses in specific situations; check the thresholds before relying on them.
What to have ready
- The contract or emails showing the agreed scope, price and due date.
- The invoice and the date it was sent.
- Proof that the work was delivered and when.
- Any reminders sent and replies received.
The rule
New York's Freelance Isn't Free Act (General Business Law Article 44-A, §§ 1410–1415), in force statewide since August 2024, requires a written contract for freelance work worth $800 or more, alone or with other work for the same client within 120 days. Payment is due by the contract date or, if none, within 30 days after the work is completed. A client who fails to pay on time can be liable for double damages, and failing to provide a written contract carries statutory damages of $250, plus attorney's fees. California's Freelance Worker Protection Act (Business and Professions Code § 18100 and following), effective January 1, 2025, has similar requirements for work of $250 or more.
In the UK, the Late Payment of Commercial Debts (Interest) Act 1998 lets a business charge statutory interest at 8% above the Bank of England base rate on late commercial invoices, plus fixed compensation of £40 for debts under £1,000, £70 for £1,000 to £9,999.99 and £100 for £10,000 or more.
Read the official text:
- New York General Business Law Article 44-A
- California Business and Professions Code § 18100
- GOV.UK: late commercial payments, charging interest
Worked example: a £3,500 invoice 45 days late
A UK designer's £3,500 invoice to a business client is 45 days overdue. Assume the Bank of England base rate was 4% on the relevant reference date.
Statutory rate = 8% + 4% = 12% a year Daily interest = £3,500 x 12% / 365 = £1.15 45 days = £51.78 Fixed compensation = £70 (debt between £1,000 and £9,999.99) Total claim = £3,500 + £51.78 + £70 = £3,621.78
Common mistakes
- Applying UK statutory interest to consumers. The 1998 Act covers business-to-business debts.
- Ignoring thresholds: $800 (New York) and $250 (California).
- Using the current base rate for the whole period. The UK rate is fixed by reference dates on 30 June and 31 December.
- Not keeping proof of completion date, which starts the 30-day clock when no due date was agreed.
Limits of this tool
- Freelancer protections vary by state and country; most US states have no specific freelancer statute.
- Contract terms can set different interest in some cases, within limits.
- The tool does not account for partial payments or disputed work.
Sources were last checked in October 2026. Statutes are amended often; if the official text differs from this page, the official text controls.
4. Clear Next Steps & Statutory Action Plan
- Check that the work and client fall within the statute and note the due date.
- Send a reminder that states the amount, the statute and the interest or damages claimed.
- If unpaid, consider small claims or, in the UK, the money claim service.
5. Frequently Asked Statutory Questions (N.Y. Gen. Bus. Law § 1410 (Freelance Isn't Free Act — 2x Damages); Cal. Bus. & Prof. Code § 18100 (SB 988 — 2x Damages))
What does New York's Freelance Isn't Free Act require?
A written contract for freelance work of $800 or more, payment by the agreed date or within 30 days of completion, and no retaliation. A client who fails to pay on time can owe double damages and attorney's fees.
Can I add interest to a late invoice in the UK?
Yes, for business-to-business invoices, at 8% above the Bank of England base rate under the 1998 Act, plus fixed compensation, unless your contract sets a substantial alternative remedy.
Does California's law cover me?
It covers individual freelancers providing services of $250 or more to a hiring party, from January 1, 2025, with some exclusions.