Freelancers play a vital role in today’s gig economy, but they often face challenges related to payment and legal protections. The Freelance Isn’t Free Act (FIFA) helps protect freelancers, providing legal recourse if a hiring party attempts to take advantage of their services.
Freelance workers hired as an independent contractor in New York City are wise to have a basic understanding of these rights. Two of the most important things to know to better ensure coverage include the following:
#1: Contracts
It is wise to have a written contract in place. This legal document will help guide the relationship between the freelancer and employer. In addition to offering legal protection, FIFA requires a written contract for any agreement that is at or over $800 during a 120-day period.
The contract should include both parties’ names and addresses, the scope of work, and the payment terms. Any terms that attempt to remove a freelancer’s legal rights such as those to communicate about the contract or file a complaint through the Office of Labor Policy and Standards (OLPS) are void.
#2: Payment
FIFA generally requires the employer complete payment based on the following:
- On or before the due date specified in the contract, or
- No later than 30 days after completing the services.
Why? Timely payment ensures financial stability and compliance with FIFA.
Having this basic understanding of your legal rights allows freelancers to navigate the legal landscape more effectively. Remember, FIFA empowers the New York Department of Labor to investigate misclassification and impose penalties. Stay informed, protect your rights, and thrive as a freelancer!
Those who believe that their arrangement was in violation of FIFA requirements are wise to seek legal counsel. A lawyer for freelance workers can review the situation and help determine if you have a valid claim.