Why You May Need A “Freelance Isn’t Free” Lawyer
Last updated on February 10, 2026
New York recently passed the Freelance Isn’t Free Act, an attempt to address how the gig economy has changed the way people work.
More and more workers are choosing to operate as freelancers. While freelancers may partner with businesses long-term, they are not employed by those businesses. This meant they did not have some of the legal protections enjoyed by other employees, but the new law seeks to fix that.
Experienced New York small business attorneys understand how laws are always changing. Business owners and employees need to be well aware of how these changes can impact their rights and obligations. Specifically, freelancers who have been taken advantage of may want to work with a skilled employment lawyer to consider their options under this brand-new law. Clients across New York trust our attorney team at Sutton Sachs Meyer PLLC with their business law concerns.
What Is The Freelance Isn’t Free Act in New York?
The Freelance Isn’t Free Act was set up to help offer wage protections to freelance workers. Many salaried and hourly workers always had protections in place, but freelancers did not. The bill was designed to bridge that gap as the economy changed.
However, there was a setback in 2022 when the bill was vetoed by Governor Kathy Hochul. She claimed that the bill wasn’t clear enough as to how it would affect the state budget and that it would be difficult to enforce as written.
In late 2023, the governor signed a new version of the bill into law.
What Does The Freelance Act Address Specifically?
This new law contains numerous provisions, including the following:
- When clients request work over $250, contracts are required.
- Payment must be made within 30 days.
- Freelancers get anti-retaliation protections and wage theft protections.
- Those who violate these provisions could face fines of up to $25,000.
The new law should theoretically help freelancers get paid correctly and on time, and it gives them legal tools they can use if their rights are violated.
Who Is Covered And Not Covered By The Freelance Isn’t Free Act?
The New York Freelance Isn’t Free Act (FIFA) is designed to protect freelance workers from nonpayment, late payments and retaliation. However, the law does not apply to everyone performing independent work.
The Act focuses on protecting individuals who rely on freelance income and lack bargaining power, including many creatives, tech workers and consultants. A worker is covered if they:
- Are hired or retained as an independent contractor to provide services
- Are an individual or a single-member business entity performing the work
- Earn $800 or more from a hiring party, either under one contract or through multiple contracts totaling $800 within a 120-day period.
When these conditions are met, the freelancer is entitled to key protections, including a written contract, clear payment terms, timely compensation and protection against retaliation for asserting their rights. These protections are meant to create accountability for hiring parties and reduce common payment disputes faced by freelancers in New York.
The law also clearly identifies categories of workers who are excluded from coverage, even if they work independently or under contract. The Act does not apply to:
- Sales representatives, as defined under the New York Labor Law
- Practicing attorneys
- Licensed medical professionals
- Construction contractors
- Real estate brokers and real estate salespersons
- Insurance agents and brokers
These professions are excluded because they are already subject to industry-specific licensing requirements and payment regulations. As a result, individuals working in these roles cannot rely on the New York Freelance Isn’t Free Act for written contract requirements, payment timelines or statutory damages, even if they perform services on an independent basis.
Whether a worker is covered can determine if they have the legal right to demand a written agreement, recover double damages for nonpayment or seek attorneys’ fees.
Misclassification or incorrect assumptions about coverage can leave freelancers without meaningful remedies. We can review contracts and pursue enforcement when rights under the New York Freelance Isn’t Free Act, freelance worker protection or independent contractor payment laws are violated.
Questions? Call Us Now!
Significant changes to wage and hour laws can be confusing for both freelance workers and small business owners in New York. At Sutton Sachs Meyer PLLC, our skilled and experienced team can help you consider the nuances of the law and explore any potential legal options, when necessary. Call us today at 212-884-9727 or use our contact form to learn more about how we can help you navigate these changing laws and any legal complications.