Partner
Sam starts each day juggling multiple jobs—delivering food in the morning, walking dogs in the afternoon, and picking up freelance graphic design gigs in the evening. There are no benefits, no paid time off, and no HR department to call when one of the platforms suddenly slashes rates. Sam is just an example of the thousands of New Yorkers working in the gig economy—piecing together income but often left without the legal protections that traditional employees receive.
As gig work becomes more common in New York City, serious questions are being raised about how employment law applies to this growing segment of the workforce. In this blog, we’ll explore how workers like Sam are affected by current laws, what rights may still apply, and how Lipsky Lowe helps gig workers protect themselves.
Who Counts as a Gig Worker?
Gig workers are pretty diverse—and that’s part of what makes this area of law so complex. In New York City, gig workers include food delivery drivers, rideshare operators, freelance writers, graphic designers, coders, pet sitters, photographers, and countless others. What they share is a reliance on short-term or task-based jobs, often arranged through platforms like Uber, DoorDash, TaskRabbit, Upwork, and Fiverr.
Most of these workers are classified as independent contractors rather than employees. That means they don’t receive benefits, aren’t guaranteed minimum wage or overtime, and don’t have access to traditional HR protections. Yet many of them work full-time hours for a single platform or depend heavily on one source of income—blurring the lines between gig work and traditional employment.
Employee vs. Independent Contractor: Why It Matters
Whether you’re labeled an employee or an independent contractor determines what rights you have—and what your employer owes you. For gig workers, that distinction is at the heart of many legal battles.
Employees are entitled to important protections under state and federal law, including:
- Minimum wage and overtime pay
- Unemployment benefits
- Workers’ compensation coverage
- Health and disability benefits (in some cases)
- Legal protection against workplace discrimination
- The right to unionize
Independent contractors, on the other hand, are considered self-employed. They’re expected to manage their taxes, obtain benefits on their own, and generally aren’t protected by labor laws that apply to employees.
Unfortunately, many companies misclassify workers—sometimes by mistake, sometimes on purpose—to avoid the costs and responsibilities that come with employment. If you’re required to follow strict schedules, use company tools, or work primarily for one platform, you may be misclassified.
Knowing how you’re classified—and whether that classification is legal—can make a significant difference in your ability to recover lost wages or demand fair treatment.
Legal Protections That May Still Apply
Being classified as an independent contractor doesn’t mean you’re entirely without legal protections—especially in New York City, where the law has started to catch up with the realities of gig work.
One of the strongest examples is the Freelance Isn’t Free Act, which gives NYC-based freelancers the right to:
- A written contract for work over $800
- Timely payment (within 30 days of completing the job)
- Protection from retaliation if they assert these rights
Gig workers may also be covered under certain anti-discrimination laws, particularly if they perform ongoing work for a company or platform and are treated similarly to employees.
Some labor protections may apply to “covered workers” regardless of classification. For instance, app-based delivery drivers now have minimum pay requirements in NYC, and similar policies may expand to other sectors in the future.
New York State and City lawmakers continue to explore options like portable benefits, which would follow workers from gig to gig, offering more stability. While the system isn’t perfect, your rights as a gig worker are stronger than you might think.
Talk to a NYC Employment Lawyer Today!
If you’re a gig worker in New York City and you’re not being paid fairly, classified correctly, or treated lawfully, turn to Lipsky Lowe. Working in the gig economy doesn’t mean giving up your rights, and we’re here to protect them. Contact us today for a free consultation.