![]() (Updated )ĥ-Year Report on NYC's Freelance Isn't Free Act. Download the Navigation Program Guide for Freelance Workers. Additional Resources for Freelance WorkersĭCWP established a Navigation Program to provide assistance and information when you file complaints with DCWP have questions about the law or have general questions about the court process. Note: DCWP cannot serve as your attorney or give you legal advice. If you filed a complaint but have not heard from DCWP after 10 weeks, please email or call 21. Note: If you are not timely paid for your work, you have a right to collect double the amount you weren’t paid, damages for retaliation, and payment of attorneys’ fees and costs. ![]() DCWP’s Navigators can help you find a lawyer, understand the court process, and provide other information. If the Hiring Party did not respond to DCWP, the court will assume the Hiring Party violated the law unless the Hiring Party can prove they did not. If your complaint is still unresolved, you can sue the Hiring Party in court.If the Hiring Party does not respond, DCWP will send you a notice that they failed to respond.If the Hiring Party responds, DCWP will send you a copy.The Hiring Party must then respond to DCWP within 20 days.DCWP will send your complaint and any supporting documents you provided to the Hiring Party.What Happens to Your Freelance Worker Complaint? Email Call 311 (212-NEW-YORK outside NYC).Use DCWP Online Services to ask a question online or contact DCWP in one of the following ways:.Get information on how to submit a complaint by email or mail. ![]() Use DCWP Online Services to file a complaint online.You can file a complaint with DCWP about retaliation by submitting a complaint form. Denying a worker future work and threatening to take unwarranted legal action against a worker are also illegal. It is illegal for a hiring party to penalize, threaten, blacklist, or otherwise deter workers from exercising their rights under the Freelance Isn’t Free Act. If the contract does not include a payment date, the hiring party must pay you within 30 days after you complete the work. You must receive payment on or before the date that is in the contract. The hiring party must pay you for all completed work. Make sure you understand everything that is included in a contract and consult an attorney or workers’ rights advocate if you have any questions about what should be included or what a term means. You and the hiring party must keep a copy of the written contract.ĭCWP created a model contract that includes the terms required under the law and optional terms that may apply to different work types and arrangements. The written contract must spell out the work you will perform the pay for the work and the date you get paid. This includes all agreements between you and the hiring party that total $800 in any 120-day period. You have rights regardless of your immigration status.Īll contracts worth $800 or more must be in writing. Learn more about the settlement, including eligibility for filing a claim. L’Officiel must also pay double damages to any other freelancer who files a claim showing they were not fully paid for services performed. Under the agreement, L’Officiel must pay more than $275,000 - double the amount owed - to 41 freelancers who came forward to the city with complaints, make a payment to the city, and come into compliance with the Freelance Isn’t Free Act going forward. On July 12, 2023, NYC announced an agreement with L’Officiel USA, a media company, to resolve a 2021 lawsuit brought by the city over the company’s failure to pay freelancers on time, fully, or at all, in violation of NYC's Freelance Isn't Free Act. You can contact DCWP if you have questions about your classification as a freelance worker, independent contractor, or employee.Ī hiring party is any individual or business, other than a government entity, who hires a freelance worker. Whether or not you are an “independent contractor” depends on a variety of factors and the nature of your work arrangement. Freelancer services may be commonly referred to as gigs, tasks, projects, side or contingent work, working on contract or spec, freelancing, contracting, subcontracting, consulting, moonlighting, entrepreneurship, alternative arrangements, self-employment, etc. Under the Freelance Isn’t Free Act, a freelance worker is any individual hired or retained as an independent contractor by a hiring party to provide services for compensation.
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