NY Has a New Law Protecting Freelancers (independent contractors)

Governor Hochul enacted significant legislation this week marking a pivotal moment for freelancer workers across New York State by signing BillA06040, known as the "Freelance Isn't Free Act".

Before the introduction of this law (Labor Law 191-d), problems for freelancers included:

1. Delayed or Non-Payment: Without legal mandates, there was little to no consequence for payment terms leaving freelancers financially vulnerable.
2. Lack of Written Contracts: Many freelance engagements proceeded without formal written contracts, leading to misunderstandings and disputes about work scope, payment terms, deadlines, and other essential aspects of the work arrangement.
3. Limited Recourse for Contract Violations: Prior to this law, there was no straightforward legal recourse if an agreement was violated. Pursuing legal action was often costly and time-consuming, making it an impractical option.
4. Absence of Standardized Contract Terms: With no standardization of contract terms, freelancers often agreed to unfair or exploitative conditions due to lack of industry standards or fear of losing work.
5. Retaliation: Freelancers often hesitated to assert their rights or demand fair treatment due to the fear of being blacklisted or losing future work opportunities
6. Administrative Burdens: Freelancers were often burdened with the responsibility of chasing payments and resolving disputes on their own

The goal of the Freelance Isn't Free Act law is to ensure that all laborers get the right to fair and timely pay. Freelancers who are denied rights can claim liquidated damages plus attorneys fees making it easier to pursue a claim against the hiring party (previously, the economics of a lawsuit often effectively eliminated the option for freelancers to enforce their rights to get paid; now that is changed). 

Newsmax: Attorney Andrew Lieb Talks About Sony Facing An $8B Lawsuit For Overcharging Playstation Customers.

National Report court is back in session on Newsmax to discuss a $7.9 billion lawsuit against Sony over claims that the PlayStation maker abused its dominant position in the gaming console market, leading to unfair prices for customers. Attorney Andrew Lieb argues the case on behalf of PlayStation customers.

Statewide 'Freelance Isn't Free Act' Enacted - Real Estate Brokers, Pay Attention

On November 22, 2023 Governor Hochul signed Bill A06040 into law thereby creating Labor Law 191-d, the "freelance isn't free act." 

This law will replicate, in large part, the labor rights of freelance workers in NYC throughout state. The Governor's statement on the Bill can be found here. 

This new law defines which Freelance Workers are protected and then requires that Hiring Parties provide timely payments, a right to a written contract with specific terms, a private right action for violations, a right to no retaliation, a public awareness outreach campaign, a reporting requirement and more. In lawsuits buy Freelance Workers, freelancers who are denied rights can claim liquidated damages plus attorneys fees. 

NYS DOL will provide model contracts as well as a non-judicial, administrative process for resolving disputes between Hiring Parties and Freelance Workers.

The goal of this new law is to ensure that all laborers get the right to fair and timely pay. 

Scripps News: UN Report Highlights Discrimination Against LGBTQ Community - Attorney Andrew Lieb Explains

In this interview on Scripps News, Discrimination Attorney Andrew Lieb discusses a new report from the UN Human Rights Committee that spotlights ongoing discrimination faced by the LGBTQ community in the United States. Lieb analyzes the committee's concerns about discriminatory laws targeting transgender people at the state level. He also addresses issues around employment discrimination, suicide rates in the LGBTQ community, and whether legal protections for LGBTQ individuals have expanded in recent years. This important conversation provides insight into the challenges that still exist and the ongoing fight for equality.

Common Area Cameras Illegal at Residential Buildings

Starting on 11/17/2023, security devices are prohibited on entries to residential buildings without express authorization.

Specifically, new GBL 390-e states that "any keyless security device used to control and secure access to the common areas of any residential building without the express written consent of the owner, board of managers, board of directors, or authorized party of such property" is prohibited.

Protecting Survivors: NYS Bill Prohibits Financial Penalties in Nondisclosure Agreements

On November 17, 2023, Governor Hochul signed Bill A00581, amending NYS' General Obligations Law to prohibit settlements, or other resolution, of sexual harassment claims or any other form of unlawful discrimination from including any term or condition that requires the survivor to pay the defendant liquidated damages if the complainant violates a non-disclosure agreement.

Survivors of sexual harassment and discrimination are often required to sign non-disclosure agreements (NDA) as a condition for receiving compensation for their horror. NDAs frequently include provisions requiring survivors to pay liquidated damages (predetermined damages) if they violate the agreement and these damages can be devastating. 

As a result, survivors, who later change their minds or those who were coerced into signing an NDA, face financial hardships for speaking out about their experience. This new law will protect survivors by no longer allowing financial penalties against them for sharing their stories about experiencing harassment and discrimination.

This Bill takes effect immediately and will apply to agreements entered on or after its effectiveness Agreements can no longer require the survivor to forfeit part or all of the consideration for violating an NDA. Additionally, defendants can no longer require survivors to sign an affirmative statement, assertion, or disclaimer stating that they were not subject to discrimination or retaliation.