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NY A06040

Bill

Status

Introduced

3/31/2023

Primary Sponsor

Harry Bronson

Click for details

Origin

Assembly

2023-2024 General Assembly

AI Summary

  • Requires written contracts for freelance work valued at $800 or more (individually or aggregated over 120 days), including names, addresses, services itemized, compensation rates, and payment dates

  • Mandates payment by the contract-specified date or within 30 days of service completion if no date is specified, and prohibits requiring freelancers to accept less than the contracted amount as a condition of timely payment

  • Prohibits retaliation against freelance workers who exercise their rights under the act, including threats, harassment, denial of work opportunities, or discrimination

  • Establishes enforcement through the Department of Labor complaint process and private lawsuits, with remedies including double damages, $250 statutory damages for contract violations, and attorneys' fees for prevailing plaintiffs

  • Excludes sales representatives, licensed attorneys, licensed medical professionals, construction contractors, and government entities from the definition of covered freelance workers or hiring parties

Legislative Description

Enacts the "freelance isn't free act"; provides for the payment of freelance workers as independent contractors, including requiring written contracts; timely payment of compensation and handling controversies relating to payment, complaint procedures, and penalties; excludes construction contracts.

Last Action

substituted by s5026

6/8/2023

Committee Referrals

Rules6/8/2023
Ways and Means5/31/2023
Codes5/22/2023
Labor3/31/2023

Full Bill Text

No bill text available