Implementation of Freelance Isn’t Free Act

Proposed Rules: Closed to Comments (View Public Comments Received:1)

Comment By: 
Wednesday, May 31, 2017

Statement of Basis and Purpose of Proposed Rules

In October 2016, the City Council passed Local Law 140 of 2016, which requires hiring parties to make timely payment to freelance workers for services performed pursuant to contract. The City Council determined that protecting freelance workers against non-payment would have a positive effect on the local economy, the freelance industry, and the financial security of freelance workers’ families, and result in a more prosperous city.
These proposed rules clarify provisions in the law, establish requirements to implement and meet the goals of the law, and provide guidance to covered hiring parties and protected freelance workers. Specifically, these rules:

  • Define “adverse action;”
  • Clarify that the provisions of law apply without regard to immigration status;
  • Clarify what is included in the value of contracts between hiring parties and freelance workers for purposes of jurisdiction and damages calculation;
  • Describe the scope and mechanics of anti-retaliation protections for freelance workers; and
  • Clarify the law’s prohibition on waiver of rights in contracts.

“Shall” and “must” denote mandatory requirements and may be used interchangeably in the rules of this department, unless otherwise specified or unless the context clearly indicates otherwise.

Public Hearing

Implementation of Freelance Isn’t Free Act

Public Hearing Date: 
Wednesday, May 31, 2017 - 10:00am
Department of Consumer Affairs hearing room
42 Broadway (5th Floor)
New York, NY 10004