NYS Freelance Isn't Free Act is Law, Starting Today

Today, Aug. 28, 2024, the “Freelance Isn’t Free” Act takes effect as New York State law (Article 44-A to the General Business Law).

The law entitles Freelancers* to timely and full payment, enforced by the NYS Attorney General's Office. The law mandates that the hiring party must provide written contracts for freelance engagements valued at $800 or more or lasting longer than 120 days. And it spells out stiff penalties for those who do not supply contracts or who are chronic violators.

Freelancers are entitled to double damages for late payment. (After 30 days if no payment schedule is defined in the contract.)

On average, freelancers are stiffed $6,000 per year.

The Department of Labor has developed a model contract that can be used to meet the contract requirements of the Freelance Isn’t Free Act.

If you are a freelance worker and you believe your rights under the law have been violated, you can file a complaint with the New York State Attorney General.

Here is the full text of Senate Bill S5026. [Edit: Here that is published as Article 44-A to the General Business Law ].

I expect more news articles and columns will be published this week, further elaborating and clarifying these protections and process. But for now, please pass it on. Let your graphic designer, writer and musician friends, etc. know about this. Make people in the business world aware that Freelance Isn't Free.

Note: If you are a restaurant worker, you might be misclassified as an independent contractor and are entitled to back pay and overtime.

See: How Ignoring New York’s ‘Freelance Isn’t Free Act’ Could Cost Your Restaurant Big

\ Those not protected under FIFA are sales representatives, lawyers and licensed medical professionals*

Edits: added links to Article 44-A to the General Business Law.