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|May 17, 2016||NY Employment, Medical Malpractice & Personal Injury Lawyers||4 comments|
Important New Rights for Freelancers in NYC
New York City Passes Freelancer Wage Protection Law
The new law covers individuals who provide services, and is only available in the City of New York:
New York City | Queens | Brooklyn | The Bronx
What Does This New Law Mean for Me, as a Freelancer?
It basically gives you the same state law labor rights as employees have. This is HUGE. It gives you the right to double damages - $2,000.00 for every $1,000.00 of the agreed price of the work.
If you win, the company will have to pay you a 100% penalty, plus your attorneys’ fees and your court costs.
Why will it be different now?
Now you will be able to get a lawyer to sue without paying out of pocket. This is called: “Contingency Fee” You Don’t Pay any Legal Fee , Unless You Win
What if the company never gave me anything in writing saying how much I’d be paid?
What Practical Difference Will this new “ Freelance Isn’t Free” law mean to me?
Now, a lot of companies just aren’t paying you because you have so few legal rights, and they’re just not worried about you suing them. Until this law was passed, most lawyers were not willing to do these cases for a percentage of what they got for you at the end (this is called a “contingency fee”, explained above); they wanted you to pay their legal bills by the hour up front, which you couldn’t afford to do. THIS CHANGES ALL THAT.
If I was hired to do the job by a single individual, as opposed to a company, will this law apply?
Yes, it will.
I consider myself a Freelancer, but how do I know if I can use this new law?
These issues, and others, will be fought between “us” and “them” when it goes into effect. It will only apply to jobs for $800 or more.
When is this law going into effect?
On May 16, 2017. It will only apply to contracts entered into on or after the effective date
Where can I find the new law?
New York City Passes Freelancer Wage Protection Law: "Freelance Isn't Free" Here’s the link:http://legistar.council.nyc.gov/LegislationDetail.aspx?ID=2530972&GUID=61F8754B-80AF-493E-895E-D6D17209776Ehttp://legistar.council.nyc.gov/LegislationDetail.aspx?ID=2530972&GUID=61F8754B-80AF-493E-895E-D6D17209776E
What Rights Do I Have if This Causes Me a Problem at Work?
Employees of Private Businesses:
What about the First Amendment? Can’t I say whatever I want?
Do I have Any Legal Protection at Work at All?
What Political Activity is Protected?
Example: A records clerk for the Nassau County legislature was fired from his job less than four months after an election in which Republicans took control of the Legislature, and claimed that he had gone door to door for Democratic candidates, volunteered at phone banks, and distributing campaign literature. The Legislature argued that it had let him go due to budget cuts, the fired clerk argued that the need for budget cuts arose only because the Legislature had hired three new employees—all Republican. His claim was valid Fishman v. County of Nassau, 2013 U.S. Dist. LEXIS 47071, 2013 WL 1339466 (E.D.N.Y. Apr. 1, 2013),
Remember – The General Rule is That There is No Free Speech Right When You Work for a Private (non-government) Employer on His Time. The law we’re talking about here provides some protection, but that protection is limited; it is by no means absolute.
Are Government Employees (Federal, State, City, County, etc.) Political Speech Rights Protected?
But here are a few things to keep in mind:
If you have strong political views which are very different from those of your employer, you should probably avoid any confrontation and get legal advice first as to how to best protect yourself. Call the Law Offices of William Cafaro at 212-583-7400 before you take any action like this.
I work way more than 40 hours a week for the same weekly salary. My boss says that he doesn’t have to pay me anything for my overtime hours. Is this true?
How is the New Rule Different?
How Much Did it Go Up?
What’s the Practical Effect of This Rule for Me?
When Does the New Rule Go Into Effect?
What’s so great about this?
Where Can I Find the Actual NY State Law?
Was There Any Change in the Federal Rule on This?
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