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This entry was published on 2024-03-08
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SECTION 1412
Written contracts
General Business (GBS) CHAPTER 20, ARTICLE 44-A
* § 1412. Written contracts. 1. Whenever a hiring party retains the
services of a freelance worker, as such terms are defined in this
article, the contract between such party and worker shall be reduced to
writing. The hiring party must furnish a copy of such written contract,
either physically or electronically, to the freelance worker and each
party to the written contract shall retain a copy thereof.

2. The written contract shall include, at a minimum, the following
information:

(a) the name and mailing address of both the hiring party and the
freelance worker;

(b) an itemization of all services to be provided by the freelance
worker, the value of the services to be provided pursuant to the
contract, and the rate and method of compensation;

(c) the date on which the hiring party must pay the contracted
compensation or the mechanism by which such date will be determined; and

(d) the date by which a freelance worker must submit a list of
services rendered under such contract to the hiring party in order to
meet any internal processing deadlines of such hiring party for the
purposes of compensation being timely rendered by the agreed-upon date
as stipulated in paragraph (c) of this subdivision.

3. Such hiring party shall be required to keep such contract for a
period of no less than six years and shall make such contract available
to the attorney general upon request. The failure of a hiring party to
maintain such contracts or produce such contracts to the attorney
general shall give rise to a presumption that the terms that the
freelance worker has presented are the agreed upon terms.

4. The commissioner of labor shall make available model contracts on
the website of the department of labor for use by the general public at
no cost. Such model contracts shall be made available in English and in
the twelve languages most commonly spoken by limited English proficient
individuals in the state.

* NB Effective August 28, 2024