Employers in New York, and across the country, should be aware that a number of recent workplace law legislative developments are now in effect.
New York state’s Freelance Isn’t Free Act went into effect on August 28, 2024, and requires every New York state business that retains a freelance worker’s services to memorialize the terms of its relationship with the worker in a written contract if:
The Act specifies the terms that must be set forth in the written contract between the business and the freelance worker. It also requires that freelance workers be paid timely under the terms of the contract and prohibits employers from discriminating against them for exercising their rights under the Act.
Notably, the New York State Legislature amended the Act, before it took effect, by moving it from the New York Labor Law, which the New York State Department of Labor enforces, to the New York General Business Law, which the New York state attorney general (NYSAG) enforces. Accordingly, freelance workers who believe a business has violated the Act may file a complaint with the NYSAG, who will investigate such complaints and, if appropriate, award relief, including civil and criminal penalties.
Alternatively, freelance workers may file...
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