NYC Freelance
Isn't Free Act (FIFA) |
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Freelancers in NYC will be required to have a signed
contract with their Clients.
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Starting May 2017 the City of New York will require all
Freelancers to have a signed contract in place with their
clients if the total value of their work is $800 or more
within a 120 day period [from the same client].
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According to the
new law the written contract shall
include, at a minimum, the following information:
1. The name and mailing address of both the hiring party and
the freelance worker;
2. An itemization of all services to be provided by the
freelance worker, the value of the services to be provided
pursuant to the contract and the rate and method of
compensation; and
3. The date on which the hiring party must pay the
contracted compensation or the mechanism by which such date
will be determined.
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The new law will prohibit Unlawful payment practices.
Clients will be required to pay their freelance
contractors as follows:
1. On or before the date such compensation is due under the
terms of the contract; or
2. If the contract does not specify when the hiring party
must pay the contracted compensation or the mechanism by
which such date will be determined, no later than 30 days
after the completion of the freelance worker’s services
under the contract.
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Once a freelance worker has commenced performance of the
services under the contract, the hiring party shall not
require as a condition of timely payment that the freelance
worker accept less compensation than the amount of the
contracted compensation.
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The law also prohibits retaliation for freelancers who
exercise their rights under this law.
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Any freelance worker who believes that their hiring party is
not complying with this law may file a complaint with the
Director of Labor within two years.
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A plaintiff who prevails on a claim alleging a violation
shall be awarded damages [$250 or value of contract] and an
award of reasonable attorney’s fees and costs.
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Sources:
Freelance Isn't Free Act (FIFA)
By Bill
Williams
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