Freelancers get more payment protections in new bill signed by governor

Press Release, Gov. Kathy Hochul’s Office

Governor Kathy Hochul signed legislation S.5026/A.6040, known as the “Freelance Isn’t Free” Act, which provides protections, rights and opportunities for recourse to freelance workers experiencing non-payment for their services.

“Every single New Yorker deserves to be treated with dignity and respect in the workplace, whether they’re a full-time, part-time or freelance worker,” Governor Hochul said. “As freelance work becomes more and more common, we need laws have strong protections to ensure these individuals are paid fairly for the work they do. This new law is a major step forward for this critical sector of our workforce.”

Legislation S.5026/A.6040 extends protections to freelancers across all of New York State, building upon the NYC’s Freelance Isn’t Free Law, by adding oversight and enforcement from the New York State Attorney General’s Office.

This law will protect freelancers by establishing a right to a written contract with certain terms, timely and full payment, and protection from retaliation and discrimination for exercising these rights. The Attorney General can bring actions to obtain remedies, including damages and civil penalties, on behalf of impacted freelance workers. Freelance workers would also have the right to pursue a private lawsuit to protect their rights under the new law.

These expanded rights and protections will apply to covered freelancers being paid at least $800 for their services. The Department of Labor will provide model contracts on its website for freelancers and hiring parties to use with terms that comply with this new law.

Freelancers Union Executive Director Rafael Espinal said, “This Thanksgiving we are thankful that New York State is committing to protections for freelancers under the law. We have the utmost confidence that NYS will lead the way in holding bad actors accountable and uplifting the independent workforce into the future.”