Kovel Law Chronicle Vol. 3: What is the New York City Freelance Isn't Free Act and How Can it Help Your Solo-business?

Daniel Kovel • April 13, 2021

So you decided to go out on your own and be your own boss. Amazing! Me too. I hope business has been booming for you. However, if you are reading about the New York City Freelance Isn’t Free Act here, I can safely assume that you have also managed to secure some clients and at least one of them has given you a difficult time about paying your fee for your work. Not so amazing….

Here’s the bottom line: this happens all the time to solo-entrepreneurs. In fact, in New York City, this situation started to occur at such a high rate that in 2017 the New York City government decided that the protections afforded to solo-entrepreneurs, freelancers and independent contractors needed to be tightened up. Along with a push from an awesome organization called the Freelancers Union, the New York City Freelance Isn’t Free Act (also known as Local Law 140) was passed. The precise wording of the act can be found here, but the teeth of the law provides that:

any agreement to perform services in New York City between a solo-entrepreneur and another person (or any type of business) for more than $800 (even if it isn’t $800 all at once but totals more than $800 over 120-day period) HAS TO BE IN WRITING;

if the agreement is NOT in writing, then the person or business paying for the services of a solo-entrepreneur is considered the party to have broken the law requiring a written contract;

regardless of whether there is a written contract or not, the services MUST be paid for as agreed within either a specified term in the contract or no more than 30 days; and

enforcing rights under the Freelance Isn’t Free Act is a “protected activity,” meaning that if the solo-entrepreneur is retaliated against (by threats, acts of blacklisting, etc.) for using the Act to seek payment, then the business has broken the law AGAIN and the solo-entrepreneur can seek compensation for both/either of the offenses.

These are serious protections for solo-businesses that line up with some of the rights employees of a business are given under other laws and statutes. The penalties for breaking the various aspects of the Freelance Isn’t Free Act differ, but suffice it to say that in general the penalties are onerous enough to encourage the parties to resolve their dispute as early as possible.

So what does this mean for your solo-business? Well, for starters, it means that your business should be in the practice of entering into written contracts that protect your rights. Here are some resources, also available in Spanish, to handle straight-forward agreements. However, many businesses that utilize the services of solo-entrepreneurs prefer to use their own agreements. Here you should proceed with caution before signing on the dotted line, as these agreements are often one-sided (and I don’t need to tell you who they benefit). Also sometimes service agreements require additional thought and tailoring to meet the needs of the specific scope of work. In these cases, our firm is regularly called upon to review, negotiate and participate in drafting these agreements.

Second, it means that if you get into one of these situations where a client disputes your fee, you should speak to legal counsel about what rights you might have to enforce the terms of the agreement. Obviously there are a lot of other considerations to go over before using the Freelance Isn’t Free Act to enforce payment, which should be discussed with savvy legal counsel.

Third, it means that in general you should review this body of law with your legal counsel. If your business is protected by the Freelance Isn’t Free Act, you should go to work in New York City knowing that you are ready to handle most issues that may arise with getting paid for your services. And of course Kovel Law is ready to help, as needed. You’re important. Your business is important. Let’s get you paid fairly!

Navigating Your Rights to Work From Home for Medical or Religious Reasons

October 2, 2024
As companies shift away from hybrid or remote work setups, many employees may face challenges when needing to work from home due to medical or religious reasons. It’s important to know that certain laws may protect your right to request this kind of accommodation. In New York, the NYC Human Rights Law (NYCHRL) and the New York State Human Rights Law (NYSHRL) both provide protections against discrimination, including for employees who need reasonable accommodations due to disabilities or religious beliefs. Additionally, the Family and Medical Leave Act (FMLA) offers certain rights for those needing medical leave or accommodations. However, whether or not you can secure a work-from-home arrangement depends on various factors, including the nature of your role and your employer's ability to accommodate the request. Understanding the Interactive Process If you need to work from home for medical reasons, your employer is required by law to engage in what’s called an interactive process. This is a cooperative dialogue between you and your employer to explore what reasonable accommodations can be made. The aim is to find a solution that enables you to perform your essential job functions without undue hardship to your employer. For example, if you have a medical condition that makes commuting or working in an office unsafe, the interactive process would involve discussing possible adjustments, which could include working from home. The same applies if you need an accommodation for religious reasons, such as observing religious practices that may conflict with an office schedule. Cooperative Dialogue Is Key Your employer is required to engage in a cooperative dialogue when you request an accommodation. This means they must listen to your needs and work with you to figure out how to best accommodate them. Employers cannot simply deny your request without exploring reasonable alternatives. The dialogue is meant to be an ongoing conversation—if your circumstances change, or if a proposed accommodation isn't working, the conversation should continue until a suitable arrangement is found. Legal Protections You Should Know About Both NYC and NY State human rights laws are some of the most progressive in the country when it comes to employee rights. Here’s a brief overview of what these laws and the FMLA might cover: NYC Human Rights Law (NYCHRL): Employers must provide reasonable accommodations for employees with disabilities or those who need accommodations for religious observances. This could include allowing you to work from home if it doesn’t impose an undue burden on your employer. New York State Human Rights Law (NYSHRL): Similar to the NYC law, this state law requires employers to accommodate employees' religious practices or disabilities, which can include adjustments to work arrangements. FMLA: While the FMLA primarily covers unpaid medical leave, in certain situations, it may support an employee’s request to work from home as a reasonable accommodation if it helps them manage a serious health condition. Is Work From Home a Reasonable Accommodation? Whether working from home is considered a reasonable accommodation depends largely on the nature of your job. If the essential functions of your position can be done remotely without placing undue strain on your employer’s operations, then it’s likely that working from home could be a reasonable accommodation. However, jobs that require physical presence, like certain hands-on roles or customer-facing positions, may not lend themselves to remote work. If you believe your employer has denied your request for an accommodation without proper consideration, you may have grounds for legal action. To better understand your rights or to navigate the process of requesting a work-from-home accommodation, schedule a consultation with Kovel Law PLLC . We can help guide you through the legal steps and ensure your rights are protected.

Work Leave Interference in NYC: Know Your Rights

August 1, 2024
Navigating work leave interference in New York City can be challenging, but understanding your rights can help ensure you're treated fairly. Whether you're an employee or a freelancer, it's crucial to know what protections you have and what steps you can take if you face issues with taking leave. Understanding Work Leave Interference Work leave interference happens when an employer denies or restricts your ability to take legally entitled leave. In NYC, employers are required to follow specific statutes that protect your right to leave for medical or family reasons. Here's what you need to know: 1. Interactive Process Requirement NYC employers cannot deny your medical leave outright. They must engage in an interactive process with you to understand your need for leave and determine a suitable accommodation. This means they should discuss with you any potential adjustments or alternatives that allow you to take your leave without disrupting the workplace unduly. 2. Protected by Statutes Employees in NYC are protected by several statutes, including the Family and Medical Leave Act (FMLA), the NYC Paid Safe and Sick Leave Law, and the Americans with Disabilities Act (ADA). These laws ensure that you can take leave for specific reasons without fear of job loss or retaliation. Reasons covered include: Serious health conditions Maternity or paternity leave Caring for a family member with a serious health condition Domestic violence or sexual assault recovery 3. Types of Leave Covered Only certain types of leave are covered under these protections. For instance, the FMLA allows up to 12 weeks of unpaid leave for eligible employees, while the NYC Paid Safe and Sick Leave Law provides paid leave for specific circumstances. Understanding which types of leave are protected is crucial in asserting your rights. Rights of Freelancers If you're a freelancer, the landscape is slightly different. Freelancers typically don't have the same protections under traditional employment statutes. However, there are still steps you can take: 1. Contractual Agreements Ensure your contracts include clauses that address leave and accommodations. Clear terms in your agreements can provide a framework for requesting leave without jeopardizing your work relationship. 2. NYC Freelance Isn’t Free Act This act provides some protections for freelancers, particularly regarding timely payment and contract enforcement. While it doesn't directly cover leave, it can empower you to negotiate terms that include leave provisions. 3. Seek Legal Advice If you face challenges in taking leave, consulting with a legal professional can help you understand your options and rights. Legal advice can be invaluable in navigating disputes or negotiations with clients. Take Action Understanding your rights is the first step toward ensuring fair treatment. If you believe your right to take leave is being interfered with: Document Everything: Keep records of your communications and any interactions regarding your leave request. Engage in the Interactive Process: Actively participate in discussions with your employer about your leave needs. Seek Legal Help: If necessary, consult with a legal professional to explore your options. By knowing your rights and taking proactive steps, you can ensure that your needs for medical or family leave are respected and accommodated. Schedule a Consultation with Kovel Law PLLC today to discuss your specific situation and ensure your rights are fully protected. Our experienced team is here to help you navigate these complex issues with confidence.
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