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Independent Contractors New York

Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent... more +
Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent contractor is not always an easy determination. However, due to differences in tax and liability treatment, misclassifying an employee as an independent contractor can have serious consequences. Autonomy is the defining feature of independent contractor arrangements. Independent contractors control the manner and method of how work is performed while payers control the desired result. Control over schedule and number of hours worked, ownership of equipment or tools, permanency of relationship, and acceptance of jobs from multiple entities are all possible factors in determining whether a worker is an employee or independent contractor.   less -
Rivkin Radler LLP

$68 Million CDPAP Fraud Indictment Unsealed Amidst Industry Changes

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On October 9, 2024, the United States Attorney’s office in the Eastern District of New York unsealed an indictment alleging that eight defendants defrauded Medicaid of approximately $68 million. The alleged scheme involved...more

Whiteford

Employment Law Update: New York’s Freelance Isn't Free Law: What NY Employers Need to Know

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On August 28, 2024, New York State’s Freelance Isn’t Free Law (“FIFL”) took effect, extending protections to freelance workers statewide. This sweeping law is codified in a new Article 44-A to New York State’s General...more

Perkins Coie

September Tip of the Month: New York's “Freelance Isn’t Free” Act: New Compliance Mandates for Independent Contractor Agreements...

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Effective August 28, 2024, companies that engage independent contractors in the state of New York must now comply with New York’s “Freelance Isn’t Free” Act (the Act), a statute that imposes a range of new requirements...more

Harris Beach PLLC

What New York Employers Should Know about the Freelance Isn’t Free Act

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New Yorkers utilizing freelance workers or independent contractors for work totaling $800 or more will soon need to comply with New York’s Freelance Isn’t Free Act (“FIFA”). The Act, which was signed into law by Governor...more

Foster Garvey PC

New Protections for Freelancers Statewide Under the New York Freelance Isn’t Free Act

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Originally effective in New York City from May 15, 2017, the New York Freelance Isn’t Free Act will now expand its protections to freelance workers across the entire state, effective August 28, 2024. This updated legislation...more

Lippes Mathias LLP

New York Enacts New Requirements for Independent Contractor Relationships

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New York State recently enacted a new Article 44-A of the New York State General Business Law, known as the “Freelance Isn’t Free Act” (“Act”). Once it goes into effect on August 28, 2024, the Act will require individuals and...more

Epstein Becker & Green

Freelance Isn’t Free Act Soon Takes Effect Throughout New York State

For employers doing business in New York, the “Freelance Isn’t Free” Act (the “Act”) signed into law by Governor Kathy Hochul in March of this year may have stirred up memories of the New York City ordinance enacted just a...more

Segal McCambridge

Fashionably Late or Right On Time: New York’s Fashion Workers Act Heads To The Governor’s For Signature

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The Fashion Workers Act has been passed by the New York Assembly and Senate and is now heading to the Governor’s desk to be signed into law. It’s a comprehensive law that provides additional requirements for clients and...more

Mandelbaum Barrett PC

Navigating New York City's Updated Workers' Rights Poster Requirements: Compliance and Considerations

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On March 1, 2024, the New York Department of Consumer and Worker Protection (DCWP) published a comprehensive guide to employee rights in the workplace. New York City employers have until July 1, 2024, to distribute and post...more

Patterson Belknap Webb & Tyler LLP

New York City's Notice and Distribution Requirement of "Workers' Bill of Rights"

On December 4, 2023, New York City Mayor Eric Adams signed into law the New York City Council’s bill, Int 0569-2022 (the “City Law”). The bill, known as the “Workers’ Bill of Rights,” will require New York City employers to...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - March 2024

In this issue of Employment Flash: the new DOL rule on independent contractors, SCOTUS’s unanimous Sarbanes-Oxley whistleblower ruling, plus labor law developments in California, Delaware, D.C., New York, the EU, Germany and...more

Troutman Pepper

Talk About Competition! New York City Considers Three Different Noncompete Bans

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Q: Is New York City considering a total ban on noncompete agreements? A: Yes — a total ban on noncompete agreements would be the result of one of the three noncompete bills currently pending in the New York City Council,...more

Shipkevich PLLC

Federal Court Clarifies Narrow Face-to-Face Exemption to TSR Advance Fee Prohibition, Immediately Bans Defendants from Charging or...

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On March 4, 2024, a federal trial court in New York immediately banned a slew of debt relief service providers from charging and/or collecting any advance fees for debt relief services, finding that the defendant’s initial...more

Hinshaw & Culbertson - Employment Law...

What New York's "Freelance Isn't Free Act" Means for Employers

On November 22, 2023, Governor Kathy Hochul signed the “Freelance Isn’t Free Act” into law. The Act, which is similar to the New York City law containing the same name, is designed to provide protections for freelance workers...more

Cole Schotz

New York Enacts Protections for Freelance Workers

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Despite previously vetoing the legislation, Governor Kathy Hochul signed the Freelance Isn’t Free Act (the “Act”) into law on November 22, 2023. The Act is similar to New York City’s law bearing the same name, which has been...more

Fenwick & West LLP

5 Practical Employment Tips You Need to Know for 2024

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2023 was a seismic year for the employment landscape, with changes to state and federal laws that touch on hiring, firing, and just about everything in between. Members of Fenwick’s employment group recently walked through...more

Littler

New York Enacts Sweeping Changes to Independent Contractor Arrangements

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The nation continues to move to less-traditional employment relationships. As a consequence, the importance and impact of freelance workers (i.e., “independent contractors” or those compensated on an IRS 1099 Form) should not...more

Epstein Becker & Green

New York State Follows New York City in Enacting Freelance Worker Protections

On November 22, 2023, New York Governor Kathy Hochul signed the Freelance Isn’t Free Act (the “State Act”), Senate Bill S5026. This new law (codified as a new Section 191-d of the New York Labor Law) will require written...more

Goldberg Segalla

New York State Employment Law Update (Part 1)

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New York remains one of the busiest states from a business perspective, with ever-changing employment laws that affect businesses. This is the first part of a four-part series providing recent New York employment law updates....more

Patterson Belknap Webb & Tyler LLP

2023 Amendments to General Obligations Law 5-336

On November 17, 2023, New York State Governor Kathy Hochul signed into law Senate Bill 4516, amending General Obligation Law Section 5-336 (GOL 5-336). As set forth in our earlier alert from when the law was first enacted,...more

Foley & Lardner LLP

New York Employers Should Take Advantage of the “Freelance Isn’t Free Act” Requirements to Reexamine Independent Contractor...

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Nearly six months after it was passed — with overwhelming support — by the New York Legislature, Governor Kathy Hochul recently signed Assembly Bill A6040, or the Freelance Isn’t Free Act (the “Act”). With an effective date...more

Paul Hastings LLP

New York Passes Law Protecting Solo Independent Contractors

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On November 21, 2023, New York Governor Kathy Hochul signed Senate Bill S5026 into law, enacting the “Freelance Isn’t Free Act” (“the Act”). The Act provides that freelance workers or solo independent contractors (referred to...more

Fox Rothschild LLP

New York State’s ‘Freelance Isn’t Free’ Act: What You Need To Know

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Governor Kathy Hochul recently signed into law the “Freelance Isn’t Free” Act (the Act), which aims to provide freelance workers certain protections across the state. New York employers who use freelancers or independent...more

Jackson Lewis P.C.

New York City’s Pay Protections for App-Based Workers Upheld, Allowed to Go Into Effect

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New York City is the first major U.S. city to implement a minimum pay-rate for app-based restaurant delivery workers. Delivery platform companies should immediately pay delivery workers the minimum pay rate of at least $17.96...more

Davis Wright Tremaine LLP

New York State to Require Written Agreements for Independent Contractors

Businesses in New York will soon need to provide written agreements to many "freelancers" under a new law recently signed by Governor Kathy Hochul. The "Freelance Isn't Free Act," which will become effective on May 20, 2024,...more

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