NEW YORK STATE’S ‘FREELANCE ISN’T FREE ACT’: WHAT YOUR COMPANY NEEDS TO KNOW


A new law, signed by Governor Kathy Hochul, seeks to ensure certain protections for freelance workers throughout the State.   The law, which was signed on November 22, 2023, will take effect on May 20, 2024.


The law requires that a hiring company that retains the services of a freelance worker set the terms of that relationship in a written agreement. The agreement must include an itemized list of the services the freelancer is providing, their value, the hiring party’s payment deadline, and the rate and method of payment. These agreements must be kept by the hiring company for a minimum of six years. 


The New York State Department of Labor (NYS DOL) has stated it will publish example contracts on its website before the law takes effect.


Freelance workers have the option to file a lawsuit in court or report allegations of violations of this law with the New York State Department of Labor once the law takes effect. Retaliation for exercising these rights is prohibited.



If you have any questions regarding this or any other labor and employment law issue, please contact an attorney at Franklin, Gringer & Cohen, P.C. at 516-228-3131.

 

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