On Jun. 8, NY LEG passed bill protecting rights of freelancer workers.
NY LEG passed bill A 6040 (S 5026), in order to enact the freelance isn't free act.
Provides for payment of freelance workers as independent contractors, required written contracts, timely payment of compensation, complaint procedures, penalties.
Adds new Section 191-d to Article 6 of the Labor Law, NY LEG LAB-6-191-d.
Provisions
Adds definitions, including freelance worker, a natural person hired as an independent contractor to provide services in exchange for $800 or more during 120 day period.
Excludes sales representatives, lawyers, medical professionals, construction workers.
Hiring party is anyone who retains freelancer except US or other governmental unit.
Compensation must be paid by due date in contract or within 30 days of completion.
Must provide a written contract include name, address of each, itemization of services, date for payment, date by which freelancer must submit itemized list of service.
Provides recordkeeping requirements and complaint procedures for freelance workers.
Freelancer who files complaint may also file civil lawsuit on same facts.
Legislative History
On Mar. 31, 2023, introduced in Assembly; on Jun. 8, 2023, bill substituted by s5026.
On Jun. 1, 2023, S5026 passed in Senate; on Jun. 8, 2023, bill passed Assembly.
Effectiveness
Act shall take effect on one hundred eightieth day after it has been approved and become a law, applying only to contracts entered into on or after such effective date.
Nov. 2023 NY LEG Governor Approval
On Nov. 22, 2023, NY LEG governor approved bill, assignedCh. 678; effective May 20.
In Feb. 2024, NY LEG passed bill revising the freelance isn't free act, see #202478.
Regulators
NY LEG
Entity Types
CNSM; Corp
Reference
Ch. 678, 11/22/2023; Bill, A06040, S05026, 6/8/2023; Citation: NY LEG LAB-6;
