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Freelancing offers flexibility and independence, but it also comes with challenges—especially when it comes to legal protections. New York City has taken steps to safeguard freelancers’ rights, primarily through the Freelance Isn’t Free Act (FIFA). This law ensures that independent contractors receive timely payment, written contracts, and protection from retaliation.
However, navigating and enforcing these protections can be difficult, especially when clients refuse to comply. Protecting your rights as a freelancer in the gig economy takes the guidance of a skilled employment lawyer.
Key Protections Under the Freelance Isn’t Free Act
New York City’s Freelance Isn’t Free Act provides freelancers with several critical protections:
- Written Contracts – If the total work performed within a 120-day period exceeds $800, the law requires a written contract between the freelancer and the hiring party. The agreement must outline the work scope, payment terms, and due dates.
- Timely Payment – Unless the contract states otherwise, clients must pay freelancers within 30 days of completing the work. Late payments or failure to pay violate the law.
- Protection Against Retaliation – Clients cannot punish freelancers for asserting their legal rights. This includes blacklisting, refusing future work, or threatening negative reviews.
- Penalties for Non-Compliance – If a client fails to comply, freelancers can file a complaint with the NYC Office of Labor Standards. They may be entitled to double damages, attorney’s fees, and penalties if the client violates FIFA.
Despite these protections, many freelancers face legal challenges when trying to enforce their rights.
Common Challenges Freelancers Face
Even with FIFA in place, freelancers frequently encounter problems such as:
- Late or non-payment – Clients may delay payment beyond the 30-day deadline or refuse to pay altogether.
- Unclear contract terms – Some contracts are vague about work expectations, payment structures, or deadlines, leading to disputes.
- Worker misclassification – Some businesses misclassify freelancers as independent contractors when they should be employees. This can lead to lost benefits and legal protections.
- Retaliation for filing complaints – Despite legal protections, some clients retaliate when freelancers assert their rights, making it harder to secure future work.
Recognizing these challenges is crucial. Freelancers must take proactive steps to safeguard their interests.
How Freelancers Can Protect Themselves
To reduce the risk of legal disputes and payment issues, freelancers should take the following precautions:
- Always use a written contract – Clearly define the scope of work, payment terms, and deadlines before starting any project.
- Keep detailed records – Save copies of emails, invoices, payment confirmations, and other communications related to the work.
- Follow up on payments – If a client misses a payment deadline, send reminders and document all communication.
- Know your legal options – NYC freelancers can file complaints with the Office of Labor Standards if a client fails to comply with FIFA.
Taking these steps can prevent disputes and help freelancers enforce their rights. However, when legal action is necessary, consulting an employment lawyer can be the best course of action.
Protect Your Freelance Rights
At Lipsky Lowe LLP, we understand the challenges freelancers face in securing fair treatment from clients. We have extensive experience representing independent contractors who have been denied payment, retaliated against, or misclassified.
We help freelancers by:
- Reviewing contracts to ensure they meet FIFA requirements and protect your interests.
- Filing claims against clients who fail to pay or violate contract terms.
- Negotiating settlements to recover unpaid wages efficiently.
- Representing freelancers in legal disputes if litigation becomes necessary.
Freelancers deserve the same legal protections as traditional employees. If you’re struggling with non-payment, contract disputes, or retaliation, Lipsky Lowe LLP is here to help. Contact us today to secure the payment and protections you deserve.