Under the Freelance Isn’t Free Act, a freelance worker
is any individual hired or retained as an independent contractor by a hiring party to provide services for compensation. Freelancer services may be commonly referred to as gigs, tasks, projects, side or contingent work, working on contract or spec, freelancing, contracting, subcontracting, consulting, moonlighting, entrepreneurship, alternative arrangements, self-employment, etc. Whether or not you are an “independent contractor” depends on a variety of factors and the nature of your work arrangement. You can contact DCA at firstname.lastname@example.org
if you have questions about your classification as a freelance worker, independent contractor, or employee.
A hiring party
is any individual or business, other than a government entity, who hires a freelance worker.
You have rights regardless of your immigration status.
All contracts worth $800 or more must be in writing. This includes all agreements between you and the hiring party that total $800 in any 120-day period. The written contract must spell out the work you will perform; the pay for the work; and the date you get paid. You and the hiring party must keep a copy of the written contract.
OLPS created a model contract
that includes the terms required under the law and optional terms that may apply to different work types and arrangements. Make sure you understand everything that is included in a contract and consult an attorney or workers’ rights advocate if you have any questions about what should be included or what a term means
The hiring party must pay you for all completed work. You must receive payment on or before the date that is in the contract. If the contract does not include a payment date, the hiring party must pay you within 30 days after you complete the work.
Freedom from Retaliation
It is illegal for a hiring party to penalize, threaten, blacklist, or otherwise deter workers from exercising their rights under the Freelance Isn’t Free Act. Denying a worker future work and threatening to take unwarranted legal action against a worker are also illegal. You can file a complaint with OLPS about retaliation by submitting a complaint form
Right to File a Complaint
You can file a complaint with OLPS. OLPS will notify the hiring party who must respond to the complaint within 20 days. OLPS will also provide information to help you find a lawyer, understand the legal process, and more. Download the complaint form
. If you have questions, email email@example.com
ADDITIONAL RESOURCES FOR FREELANCE WORKERS
Download Protecting NYC's Freelance Workers brochure in:
Freelance Isn't Free Act
took effect on May 15, 2017. Download a copy of the Law and Rules
Note: OLPS is a resource for workers who believe they may be misclassified; however, OLPS cannot provide legal advice to workers or hiring parties. OLPS may be able to provide a referral to an attorney for workers who believe they may be misclassified as independent contractors. Hiring parties may wish to consult an attorney to be sure that they are properly classifying workers.