|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|May 10, 2022||reported and committed to finance|
|Feb 17, 2022||referred to labor|
senate Bill S8369
Current Bill Status - In Senate Committee Finance Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S8369 (ACTIVE) - Details
S8369 (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.
S8369 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8369 SPONSOR: GOUNARDES TITLE OF BILL: An act to amend the labor law, in relation to enacting the "freelance isn't free act" PURPOSE OR GENERAL IDEA OF BILL: To provide a recourse to freelance workers experiencing wage theft and other violations under the Labor Law SUMMARY OF PROVISIONS: Section one of the bill names it the Freelance Isn't Free Act. Section two of the bill amends section 190 of the Labor Law to add new definitions and coverage to Article 6, pertaining to wage theft. Section three of the bill amends section 191 of the Labor Law to create provisions around timely payment of freelance workers.
S8369 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8369 I N S E N A T E February 17, 2022 ___________ Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when printed to be committed to the Committee 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.
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