News & Analysis as of

Employer Liability Issues Freelance Isn't Free Act (FIFA)

Bond Schoeneck & King PLLC

New York Enacts Statewide “Freelance Isn’t Free” Legislation

On Nov. 22, 2023, Gov. Kathy Hochul signed into law the “Freelance Isn’t Free Act” (the Act or FIFA), which was amended on March 1, 2024. The Act is codified in Article 44-A of the New York General Business Law. Article 44-A...more

Foster Garvey PC

New Protections for Freelancers Statewide Under the New York Freelance Isn’t Free Act

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Originally effective in New York City from May 15, 2017, the New York Freelance Isn’t Free Act will now expand its protections to freelance workers across the entire state, effective August 28, 2024. This updated legislation...more

Locke Lord LLP

Flawed Independent Contractor Pay Protection Law Disappeared But Will Make ‎Reappearance in New York on August 28, 2024‎

Locke Lord LLP on

On June 12, 2024, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) issued a new Determination Pursuant to Section 1 (a)(ii) of Executive Order 14071 (the “Determination”)‎ that prohibits U.S....more

Venable LLP

New York State Freelance Isn't Free Act

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Vetoed in 2022, subsequently signed into law by Governor Kathy Hochul last year, and rolled out with a delay, New York State's Freelance Isn't Free Act (FIFA) finally goes into effect on August 28, 2024. The legislation is...more

Blank Rome LLP

2024 Brings Change for New York Employers

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LEGISLATION - This year brings significant legislative updates recently passed in New York that may impact your business operations. Three of these laws, and a recent Court of Appeals decision, introduce important changes...more

Fisher Phillips

10 Things New York Businesses Need to Know About New Freelancer Protection Law

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A recently signed state law will soon protect New York freelance and contract workers from wage theft and delayed payments – and require businesses to put certain terms in writing. Businesses across the state will need to...more

Polsinelli

New York State Enacts Payment Law for Independent Contractors

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On November 22, 2023, Governor Kathy Hochul of New York State signed into law the “Freelance Isn’t Free Act” (“Act”), which was modeled after a similar law passed in New York City in 2017.  The state law becomes effective on...more

Locke Lord LLP

New York State’s Freelancer Pay Protection Bill Signed Despite Prior Veto and Continuing Defects

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In the waning days of 2022, New York Governor Kathy Hochul vetoed the New York State Freelance Isn’t Free Act bill (S 8369B) that had been awaiting her action for over six months. In early June 2023, the New York legislature...more

Kramer Levin Naftalis & Frankel LLP

New York State Legislature Passes Bill Banning Non-Compete Agreements and Other Employment Legislation

New York’s Legislature concluded its legislative session with a flurry of activity, including the passage of four notable employment-related bills. In sum, these four bills (i) ban the use of non-compete agreements, (ii)...more

Bond Schoeneck & King PLLC

Appellate Division’s Interpretation of New York City’s Freelance Law

The First Department of the Supreme Court, Appellate Division, in a matter of first impression, interpreted New York City’s Freelance Isn’t Free Act (FIFA) in the context of a motion to dismiss (Chen v. Romona Keveza...more

Littler

New York Appellate Court Takes First Crack at Interpreting NYC’s Freelancing Law

Littler on

The First Department of the Supreme Court, Appellate Division (the “Appellate Division”) recently issued the first appellate decision interpreting New York City’s Freelance Isn’t Free Act (FIFA). Plaintiffs – a photography...more

Perkins Coie

July Tip of the Month: New York State’s Freelance Isn’t Free Act

Perkins Coie on

On June 2, 2022, the New York State Legislature passed the Freelance Isn’t Free Act (Act). Largely patterned after New York City’s own, identically named law, the Act would amend the New York Labor Law to specify, among other...more

Seyfarth Shaw LLP

Employment Bills to Watch as New York’s Legislative Session Closes

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Seyfarth Synopsis: At the close of the New York State legislative session on June 2, 2022, the Senate and Assembly passed a variety of employment-related bills that are now waiting to be delivered to Governor Kathy Hochul. ...more

FordHarrison

New York City Enacts Mandatory Minimum Wage for App-Hail Drivers

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On December 4, 2018, the New York City Taxi and Limousine Commission (TLC) adopted rules mandating a minimum wage for app-hailed drivers....more

Kelley Drye & Warren LLP

The New Year Brings New Rules to New York

As January draws to a close, New York employers are confronting the reality of many new laws and regulations that govern the employment relationship – from the new Paid Family Leave law, to the new federal tax law. We are...more

Blank Rome LLP

New York City Companies: Freelance Isn’t Free

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Action Item: The Establishing Protections for Freelance Workers Act (the “Freelance Isn’t Free Act”) became effective on May 15, 2017. The Freelance Isn’t Free Act imposes specific requirements on companies located in New...more

Robinson+Cole Manufacturing Law Blog

No “Summer Slow-Down” for Manufacturers – Regulatory Changes Continue

Readers of this space may recall my recent posts highlighting court and legislative changes to employment laws, regulations and policies affecting manufacturers. See e.g. “‘Manufacturing’ Law: Courts Also Move to Fill the...more

Pillsbury Winthrop Shaw Pittman LLP

New York City’s “Freelance Isn’t Free” Act Also Isn’t Waivable

Recently issued final rules impose additional restrictions including prohibitions on requiring independent contractors to waive certain rights. The Freelance Isn’t Free Act is a recent New York City law that went into...more

Sheppard Mullin Richter & Hampton LLP

Update: NYC Adopts New Rules Implementing Freelance Law

Earlier this year, we reported that New York City adopted The Establishing Protections for Freelance Workers Act, also known as the Freelance Isn’t Free Act, (the “Freelance Law”). As explained in our prior blog, under the...more

Morgan Lewis

NYC Consumer Affairs Department Adopts Final Rules on Freelance Isn’t Free Act

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Hiring parties should review their current independent contractor agreements to ensure compliance with the adopted rules....more

Davis Wright Tremaine LLP

Rules Interpreting Freelance Isn’t Free Act Impose Additional Obligations on Businesses Working With NYC Freelancers

On May 1, 2017, the New York City Department of Consumer Affairs (the “DCA”) promulgated rules which purport to “clarify” the Freelance Isn’t Free Act (the “Act”). Those rules impose more extensive limitations on businesses...more

Seyfarth Shaw LLP

Newly Adopted “Freelance Isn’t Free” Rules Rife with Preemption Issues Under FAA

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Seyfarth Synopsis: Regulatory rules issued in connection with New York City’s Freelance Isn’t Free Act seek to prohibit arbitration of claims under the Act and class action waivers in contracts covered by the law. U.S....more

Littler

New Rules Applicable to NYC’s Freelance Isn't Free Act Prevents Covered Employers from Utilizing Arbitration Provisions and Class...

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New York City’s Freelance Isn’t Free Act goes into effect on July 24, 2017. Anticipated rules to “clarify” the Act, which amend Title 6 of the City’s Rules by adding a new chapter 12, have now been promulgated by the...more

Fisher Phillips

NYC’s “Freelance Isn’t Free Act” Might End Up Impacting Businesses Across the Country

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Many workers are leaving the comfort and stability of traditional 9 to 5 jobs in favor of more flexible options. This paradigm shift may be new to the general public, but it certainly does not appear to be a passing fad. In...more

Troutman Pepper

May 2017 Independent Contractor Misclassification and Compliance News Update

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This update of May 2017 developments in the area of independent contractor misclassification and compliance highlights three key legislative developments: the enactment of two new laws (one in New York City and the other in...more

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