When is a written freelance contract required in New York?

Under the Freelance Isn't Free Act, a written contract is required for work valued at $800 or more (single engagement or cumulative within 120 days) in New York City.

What penalties exist for not paying a freelancer on time in New York?

Under FIFA, freelancers can recover double damages, attorney's fees, and injunctive relief if a hiring party fails to pay within 30 days.

Does the Freelance Isn't Free Act apply outside NYC?

Currently the Act specifically covers freelance work in New York City, but New York state has introduced legislation to expand similar protections statewide.

Freelance Contract for New York

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New York legal context

New York enacted the Freelance Isn't Free Act (FIFA) in 2017, providing significant protections for independent contractors in New York City. The law requires written contracts for engagements over $800, mandates timely payment, and prohibits retaliation. New York state is expanding similar protections statewide.

What's required

Freelance Isn't Free Act Written Contract
NY Lab. Law § 191-d (Freelance Isn't Free Act, statewide 2024); NYC Admin. Code § 20-927 et seq.
30-Day Payment Requirement
NY Lab. Law § 191-d; NYC Admin. Code § 20-928
Anti-Retaliation Protection
NY Lab. Law § 191-d; NYC Admin. Code § 20-929
Freelance IP Ownership

What's prohibited

Retaliation for exercising payment rights
The Freelance Isn't Free Act prohibits any retaliation against freelancers for exercising their rights under the law, including requesting payment or filing complaints.
Waiver of Freelance Isn't Free Act protections
Freelancers cannot waive their rights under the Freelance Isn't Free Act. Any provision purporting to waive these protections is void.

Key NY statutes

Freelance Isn't Free Act (FIFA)
NYC Admin. Code § 20-927 et seq.
Requires written contracts for freelance work over $800, timely payment within 30 days, and prohibits retaliation.
New York Labor Law
N.Y. Lab. Law
Governs worker classification, wage payment requirements, and employment protections.

New York-specific considerations

Written Contract Required (NYC)
For engagements valued at $800+ (single or cumulative within 120 days), a written contract is required under FIFA.
30-Day Payment Requirement
Hiring parties must pay freelancers within 30 days of work completion or the contract payment date.
Anti-Retaliation
FIFA prohibits retaliation against freelancers who assert their rights under the law.
Double Damages Available
Freelancers can recover double damages, attorney's fees, and injunctive relief for FIFA violations.