Freelance workers have the power to decide what type of projects they do, and do not, take on. There are many benefits that come with this level of control, but also some risks. One of the most notable being the possibility that an employer will take advantage of your services and not offer proper payment upon completion of the project.
New York City officials recognize this danger and passed the Freelance Isn’t Free Act (FIFA) to help mitigate the risk. Although the FIFA helps provide freelancers protection, freelancers are wise to take proactive measures to better ensure they fall within the bounds of the FIFA. Three steps that will help include the following.
- Secure a written contract. Before starting any freelance work, ensure you have a written contract with your client. A written contract provides clarity and legal protection.
- Demand timely and full payment. After completing your work, promptly invoice your client. If payment is delayed, follow up assertively. Timely payment is your right. If issues persist, consider legal action.
- Protect yourself from retaliation. If you assert your rights, your client cannot retaliate against you (e.g., terminate your contract). Such retaliation is unlawful. Document any adverse actions and seek legal advice if necessary.
Remember, the Freelance Isn’t Free Act establishes penalties for violations, including statutory damages and attorney’s fees.
What if I believe the other party violated my FIFA rights?
If you believe the other party violated your FIFA rights, you can take the following steps:
- Contact DCWP: Reach out to the proper authorities through official channels. You can find contact information on their website. They will review the complaint and attempt to resolve with the hiring party. If this fails, you can sue the hiring party in court for damages.
- Document everything: Keep detailed records of the violation, including dates, times, and any communication with the other party.
- Seek legal advice: Consult with a lawyer who specializes in this niche area of the law. A lawyer for freelance workers can guide you on your rights and potential legal actions.
As a freelance worker, you are highly skilled in your chosen profession. Do not let a hiring party take advantage of these skills. Use the FIFA to protect your interests and hold bad actors accountable.