What the Freelance Isn’t Free Act Means for Independent Contractors – New York State Law

Each time a contractor starts working for you, they have to possess a copy of the contract. Each of the parties should sign the contract. The contractor must sign the contract and keep the contract for his employer. Similar rules apply for all other trades such as HVAC contractors. If a client owes you money, you could make a claim with the states Department of Labor or attorney general’s office. Any employer that does not comply with the law could be subject to fines, whether private or civil. Workers ‘ compensation lawyers could also have their rights.
There are exceptions

Independent consultants who offer services with the help of a written contract do not have the status of customer employees. They are considered independent contractors and pay their own expenses. In this way, they have to be responsible for self-employment taxation on their profits. The customer is considered to be an employee if an independent consultant fails to sign a written contract. They are therefore entitled to all protections under employment law, such as sick leave coverage and insurance coverage.

The law isn’t applicable to workers who provide services under an implied contract or a verbal agreement. The employees who work under collective bargaining agreements are not subject to the law. Furthermore, it doesn’t apply to employees and partners of any entity who pay their taxes. In the same way, it doesn’t apply to sole proprietorships or other businesses that are not incorporated and taxed under sole-owner regulations.

Inconsistencies of the Freelance Free Act

The legislation doesn’t specify what defines”an “independent contractor”. Instead, it provides some factors courts can take into consideration when determining the distinction between an worker or an independent contractor. In the end, it allows room for interpretation that could be costly where there’s a disagreement as to whether or not someone should be an independent contractor.

Companies are required to maintain records about hours that contractors work as per the law. It could cause legal issues.


Leave a Reply

Your email address will not be published. Required fields are marked *