New York Independent Contractor Agreement
Draft a New York freelance contract that complies with the statewide Freelance Isn't Free Act (effective August 28, 2024), which mandates written agreements for freelance work valued at $800 or more and exposes hiring parties to double damages for late payment.
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Legal Requirements in New York
Provide a written contract for any freelance engagement of $800 or more (alone or aggregated over a 120-day period) under the Freelance Isn't Free Act, N.Y. Gen. Bus. Law Art. 44-A (effective Aug. 28, 2024).
Include the mandatory FIFA terms: names and mailing addresses of both parties, an itemized list of services and their value, the rate and method of compensation, the payment date or mechanism for determining it, and the deadline for the freelancer to submit a list of services rendered.
Pay on or before the contract date, or within 30 days of completion if no date is specified; timely payment is mandatory under FIFA.
Retain a copy of the written contract for at least six years; failure to produce it creates a presumption that the freelancer's stated terms are the agreed terms.
Avoid retaliation against freelancers who exercise FIFA rights, which carries statutory damages equal to the contract value per violation.
Protect confidential information under the federal Defend Trade Secrets Act, 18 U.S.C. §§ 1836-1839, and assign IP expressly, since copyright otherwise stays with the freelancer under 17 U.S.C. § 201.
Key Statutes & Regulations
- Freelance Isn't Free Act, N.Y. Gen. Bus. Law Art. 44-A (effective Aug. 28, 2024)
- New York Labor Law independent-contractor / common-law classification rules (2026)
- Defend Trade Secrets Act, 18 U.S.C. §§ 1836-1839 (2026)
- Copyright Act (work made for hire / assignment), 17 U.S.C. § 201 (2026)
Common Pitfalls
- •Engaging a freelancer on a handshake for work worth $800 or more, violating FIFA's written-contract mandate from the first dollar over the threshold.
- •Paying late or without a defined payment date, exposing the hiring party to FIFA double damages and attorneys' fees.
- •Not retaining the signed contract for six years, which lets the freelancer's stated terms become the presumed agreement.
- •Aggregating multiple small jobs with the same freelancer past $800 in 120 days without a written contract, unknowingly crossing the FIFA threshold.
Local Terminology
- Freelance Isn't Free Act (FIFA)
- New York's statewide law (Gen. Bus. Law Art. 44-A, effective Aug. 28, 2024) requiring written contracts and timely pay for freelance workers.
- $800 threshold
- The contract value (single contract or aggregated over 120 days) that triggers FIFA's mandatory written-contract requirement.
- Double damages
- FIFA remedy: a freelancer paid late may recover twice the amount owed, plus attorneys' fees and costs.
How New York Differs
New York is one of the few states to mandate a written contract for freelancers, via the statewide Freelance Isn't Free Act, with specific required clauses.
Late or non-payment can trigger double damages plus attorneys' fees under FIFA, far exceeding ordinary breach-of-contract remedies.
A six-year contract-retention duty applies, and failing to produce the contract flips the evidentiary presumption in the freelancer's favor.
A documented "pattern or practice" of FIFA violations can draw civil penalties of up to $25,000 in an action by the Attorney General.
Frequently Asked Questions
When does New York require a written freelance contract?
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Under the statewide Freelance Isn't Free Act (effective August 28, 2024), a written contract is required whenever a freelance engagement is worth $800 or more, either as a single contract or aggregated with all contracts between the same parties over a 120-day period. The contract must include specific terms such as services, value, and payment date.
What must a New York freelance contract include?
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FIFA requires the names and mailing addresses of both parties, an itemized list of services and their value, the rate and method of compensation, the payment date (or how it is determined), and the deadline for the freelancer to submit a list of services rendered. The hiring party must retain a copy for at least six years.
What happens if I pay a New York freelancer late?
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Late or non-payment under the Freelance Isn't Free Act exposes the hiring party to double damages, meaning twice the amount owed, plus injunctive relief, attorneys' fees, and costs. If no payment date is specified in the contract, payment is due within 30 days of completion of the services.
Does the Freelance Isn't Free Act apply outside New York City?
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Yes. Originally a New York City law, the Freelance Isn't Free Act became a statewide requirement effective August 28, 2024, codified at General Business Law Article 44-A. It now protects freelance workers across all of New York State, not just within the five boroughs.
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