Freelance laws. Several states have enacted freelance laws to protect the rights of freelance workers. Among the growing list is New York. If you or someone you know works as a freelancer in New York, this is a blog post you shouldn’t ignore. Here’s what you need to know. First, the Freelance Isn’t Free Act (FIFA) became effective August 28, 2025 and IS the law in New York. Its purpose is to make sure freelance workers (independent contractors) are paid fairly and on time. This powerful protective tool impacts workers who receive $800 or more for a single project or when the aggregate amount received over 120 days is $800 or more. Here’s what you should know:
A Written Agreement is Imperative.
As I have previously stated, having a written agreement with everyone you do business with is the key to protecting yourself. Now more than ever before, if you are a New York freelancer, it’s essential that your engagement be in writing. FIFA provides that any project meeting the $800 compensation threshold requires a written contract. The contract must include the following:
- Names and mailing addresses of both parties.
- A detailed list of services to be provided.
- Due date for any compensation or the manner in which it will be determined.
- By when the freelancer is to submit its invoice for payment.
Know When You Get Paid.
Whatever date the agreement says you’ll get paid is the date by which you are to get paid. If the contract doesn’t provide a payment date, you should receive payment no later than 30 days after the completion of your service.
Protection Against Retaliation.
FIFA protects the independent contractor from retaliation by the hiring party. If you feel you have been wronged and choose to exercise your rights, the hiring party cannot retaliate or discriminate against you for doing so.
Enforcement and Remedies.
If you have a valid reason for believing your rights under FIFA have been violated, contact New York’s attorney general to investigate. You can also sue as an individual without engaging the attorney general.
This is Important Because …
If you are an independent contractor who works in any of the creative industries, having a clearly defined agreement is essential. First, having a well-established agreement ensures that you get paid. Then, it also helps to establish you as an independent contractor and not as an employee.
Take Aways.
- Review your current agreement to ensure that it complies with FIFA.
- If you have no agreement, request one.
- Never again enter a business relationship without a contract.
New York State Department of Labor has provided a model contract for you to review. However, as with all agreements, you’d be wise to have a competent attorney review it for you.
Francine D. Ward
Attorney-at-Law, Author, Speaker
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