08/19/2024
NY Freelance Worker Protection Act
Hello (your name here),
As you may have heard, the New York State Freelance Isn’t Free Act (FIFA) will go into effect on August 28, 2024.
As of August 28, any New York business that engages with “freelance workers”—which broadly encompasses independent contractors providing services in exchange for an amount equal to or greater than $800 within a period of 120 days (with limited exceptions)—must provide workers with written contracts that meet specific requirements and timely compensation.
While your business is ultimately responsible for maintaining compliance with FIFA and other employment laws, you can feel confident that ChannelComm is taking action to provide you with tools to come into compliance with minimal impact on your business operations.
Read below to learn more about the new law, your responsibilities, and what CChannel Communicationsis doing to help.
What does the new law require?
FIFA requires that any contract between a qualifying independent contractor and a contracting entity based in NY must include the following terms:
Name and contact information of all parties, including the mailing address of the contracting entity;
Itemization of all products and services;
The value of those products and services;
The rate and method of compensation;
The date that the contracting entity must compensate the Freelance Worker; and
The date when a Freelance Worker must submit a list of products or services if required by the contracting entity.
The contracting entity must pay a freelance worker on or before the date the compensation is due under the contract and, in any event, no later than 30 days after the services are provided.
What could happen if Channel Communications, LLC doesn’t comply?
If an independent contractor believes a contracting entity has violated FIFA, they may file a complaint with the New York Department of Labor, which can assess civil and criminal penalties. They may also file a suit for damages in court.
What can we do to help?
Because your business is based in New York, your business name and address will be automatically included in every work order. All other contract requirements are already listed in your work orders.
What do I need to do?
We strongly encourage you to ensure that all work orders are paid in full no later than 30 days after work is marked complete to avoid potential penalties for untimely payment. Note that under Channel Comms Approval Policy, work orders with no reported problems, outstanding expenses, or pending hour adjustments will be approved 14 days after work is marked complete.
Best,
Please note that this email is intended to be informational only. It is not legal advice or guidance. Readers should contact their attorney to obtain advice with respect to any particular legal matter.
