Assembly Bill A9368A

2021-2022 Legislative Session

Relates to protections for freelance workers

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S8369 - Passed Assembly


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

Bill Amendments

co-Sponsors

2021-A9368 - Details

See Senate Version of this Bill:
S8369
Law Section:
Labor Law
Laws Affected:
Add §191-d, Lab L
Versions Introduced in 2023-2024 Legislative Session:
A6040, S5026

2021-A9368 - Summary

Enacts the "freelance isn't free act"; provides for the payment of freelance workers as independent contractors, including requiring written contracts; timely payment of compensation and handling controversies relating to payment, complaint procedures, and penalties; excludes construction contracts.

2021-A9368 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9368
 
                           I N  A S S E M B L Y
 
                             February 23, 2022
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Labor
 
 AN ACT to amend the labor law, in relation to  enacting  the  "freelance
   isn't free act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "freelance isn't free act".
   § 2. Section 190 of the labor law is amended by adding four new subdi-
 visions 10, 11, 12 and 13 to read as follows:
   10. "CONSTRUCTION CONTRACTOR" MEANS ANY PERSON, SOLE PROPRIETOR, PART-
 NERSHIP,  FIRM,  CORPORATION,  LIMITED LIABILITY COMPANY, ASSOCIATION OR
 OTHER LEGAL ENTITY WHO BY ONESELF OR THROUGH OTHERS OFFERS TO UNDERTAKE,
 OR HOLDS ONESELF  OUT AS BEING ABLE TO UNDERTAKE,  OR  DOES UNDERTAKE  A
 CONSTRUCTION PROJECT.
   11. "CONSTRUCTION  PROJECT"  MEANS  THE  PROVIDING  OF  ANY  LABOR  OR
 SERVICES, AND THE USE OF ANY MATERIALS OR EQUIPMENT IN ORDER  TO  ALTER,
 BUILD, EXCAVATE, ADD TO, SUBTRACT FROM, IMPROVE, REPAIR, MAINTAIN, RENO-
 VATE, MOVE, WRECK OR DEMOLISH ANY BRIDGE, BUILDING, HIGHWAY, ROAD, RAIL-
 ROAD,  LAND, TUNNEL, SEWER, DRAINAGE OR OTHER STRUCTURE, PROJECT, DEVEL-
 OPMENT,  OR IMPROVEMENT, OR THE DOING OF ANY PART THEREOF, INCLUDING THE
 ERECTION OF SCAFFOLDING OR OTHER STRUCTURES OR WORKS IN CONNECTION THER-
 EWITH.
   12. "FREELANCE  WORKER"  MEANS  ANY  NATURAL  PERSON  OR  ORGANIZATION
 COMPOSED OF NO MORE THAN ONE NATURAL PERSON, WHETHER OR NOT INCORPORATED
 OR  EMPLOYING  A TRADE NAME, THAT IS HIRED OR RETAINED AS AN INDEPENDENT
 CONTRACTOR BY A HIRING PARTY TO PROVIDE  SERVICES  IN  EXCHANGE  FOR  AN
 AMOUNT  EQUAL  TO  OR  GREATER THAN TWO HUNDRED FIFTY DOLLARS, EITHER BY
 ITSELF OR WHEN AGGREGATED WITH ALL CONTRACTS FOR  SERVICES  BETWEEN  THE
 SAME  HIRING PARTY AND FREELANCE WORKER DURING THE IMMEDIATELY PRECEDING
 ONE HUNDRED TWENTY DAYS, BUT DOES NOT INCLUDE:
   A. ANY PERSON WHO, PURSUANT TO THE  CONTRACT  AT  ISSUE,  IS  A  SALES
 REPRESENTATIVE  AS  DEFINED  IN SECTION ONE HUNDRED NINETY-ONE-A OF THIS
 ARTICLE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2021-A9368A (ACTIVE) - Details

See Senate Version of this Bill:
S8369
Law Section:
Labor Law
Laws Affected:
Add §191-d, Lab L
Versions Introduced in 2023-2024 Legislative Session:
A6040, S5026

2021-A9368A (ACTIVE) - Summary

Enacts the "freelance isn't free act"; provides for the payment of freelance workers as independent contractors, including requiring written contracts; timely payment of compensation and handling controversies relating to payment, complaint procedures, and penalties; excludes construction contracts.

2021-A9368A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9368--A
 
                           I N  A S S E M B L Y
 
                             February 23, 2022
                                ___________
 
 Introduced   by   M.   of   A.   BRONSON,  CRUZ,  ROZIC,  SIMON,  REYES,
   BICHOTTE HERMELYN, CYMBROWITZ, SEAWRIGHT, DICKENS, HEVESI,  GALLAGHER,
   GOTTFRIED,  DINOWITZ, BURGOS, KELLES, GALEF, MITAYNES, BURDICK, GONZA-
   LEZ-ROJAS, EPSTEIN, FORREST, LAWLER, GLICK, FERNANDEZ -- read once and
   referred to the Committee  on  Labor  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the labor law, in relation to  enacting  the  "freelance
   isn't free act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "freelance isn't free act".
   § 2. The labor law is amended by adding a new section 191-d to read as
 follows:
   § 191-D. PAYMENT OF WAGES FOR FREELANCE WORKERS. 1.  (A) "CONSTRUCTION
 CONTRACTOR"  MEANS  ANY  PERSON,  SOLE  PROPRIETOR, PARTNERSHIP,   FIRM,
 CORPORATION,   LIMITED LIABILITY COMPANY,  ASSOCIATION  OR  OTHER  LEGAL
 ENTITY  WHO  BY  ONESELF OR THROUGH OTHERS OFFERS TO UNDERTAKE, OR HOLDS
 ONESELF   OUT AS BEING ABLE TO  UNDERTAKE,    OR    DOES  UNDERTAKE    A
 CONSTRUCTION PROJECT.
   (B) "CONSTRUCTION  PROJECT"  MEANS  THE  PROVIDING  OF  ANY  LABOR  OR
 SERVICES, AND THE USE OF ANY MATERIALS OR EQUIPMENT IN ORDER  TO  ALTER,
 BUILD, EXCAVATE, ADD TO, SUBTRACT FROM, IMPROVE, REPAIR, MAINTAIN, RENO-
 VATE, MOVE, WRECK OR DEMOLISH ANY BRIDGE, BUILDING, HIGHWAY, ROAD, RAIL-
 ROAD,  LAND, TUNNEL, SEWER, DRAINAGE OR OTHER STRUCTURE, PROJECT, DEVEL-
 OPMENT,  OR IMPROVEMENT, OR THE DOING OF ANY PART THEREOF, INCLUDING THE
 ERECTION OF SCAFFOLDING OR OTHER STRUCTURES OR WORKS IN CONNECTION THER-
 EWITH.
   (C) "FREELANCE  WORKER"  MEANS  ANY  NATURAL  PERSON  OR  ORGANIZATION
 COMPOSED OF NO MORE THAN ONE NATURAL PERSON, WHETHER OR NOT INCORPORATED
 OR  EMPLOYING  A TRADE NAME, THAT IS HIRED OR RETAINED AS AN INDEPENDENT
 CONTRACTOR BY A HIRING PARTY TO PROVIDE  SERVICES  IN  EXCHANGE  FOR  AN
 AMOUNT  EQUAL TO OR GREATER THAN EIGHT HUNDRED DOLLARS, EITHER BY ITSELF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.