NYC Freelancer Rights Lawyer
OVER
recovered for our employment law cases
In today’s economy, more and more people are choosing short-term contract work over full-time or permanent employment. Commonly referred to as “freelancing,” this style of working appeals to millions of Americans who get a greater sense of freedom and control over their workload and finances.
On the other hand, though freelancing can be a wonderful way to earn a living, it is not without risks. The primary advantages of permanent employment include the guarantee of a regular paycheck, benefits like health insurance and disability, and a steady stream of work.
When employment law freelance disputes arise, Joseph & Norinsberg LLC is standing by to provide legal help for freelancers in NYC. Reach out online or call (212) 227-5700 to schedule a free, confidential consultation.
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Why Choose Joseph & Norinsberg LLC for Your Freelancer Case?
Our experienced NYC attorneys for freelance contracts offer guidance and support to non-employee workers seeking legal representation. Our team of highly skilled attorneys and paralegals is well-versed in handling cases involving employment law freelance disputes. We are committed to aggressively advocating for the rights of our clients, regardless of the size or complexity of their cases.
Our unwavering dedication to our clients extends beyond the courtroom. We offer our full support throughout the entire legal process. When you entrust us with your case, you can rest assured that you will receive the best possible representation for your case.
We treat all of our clients like family, and they regularly stay in touch with us long after their cases are resolved. Our attorneys take great pride in our five-star Google rating. To us, this is not just a number. Instead, it is a direct reflection of the positive impact we make on the lives of the folks who turn to us in their hour of need. We have received many glowing client testimonials over the years:
In addition to receiving considerable media coverage in New York and New Jersey, our lawyers have won many prestigious awards for their advocacy. Our law firm’s senior partners, Bennitta Joseph and Jon Norinsberg, were named “Best Litigation Attorneys in New York City” by Expertise.com.
Ms. Joseph is an experienced freelancer lawsuit lawyer in New York with over two decades of litigation experience. She previously worked as a prosecutor in the New York District Attorney’s office. Mr. Norinsberg was once featured on the New York Law Journal’s front page for his practice in civil rights litigation. Mr. Norinsberg became passionate about fighting for plaintiffs’ rights while working at the New York City Law Department.
Role of NYC Freelancer Lawyers
As a freelancer, you need legal support to safeguard your rights and livelihood when facing non-payment, contract disputes, discrimination, and other legal challenges. Otherwise, you may not get the payment or contractual benefits you are entitled to.
Likewise, if you are a client or a company looking to hire a freelancer, you need legal assistance to ensure that your rights and those of your workers are protected. Without this legal guidance, important considerations may be overlooked, which could lead to expensive and time-consuming lawsuits.
To protect your rights in the event of a dispute, you should engage the services of a lawyer who specializes in working with freelancers sooner than later. Our legal team is standing by to help.
What Is the Freelance Isn't Free Act?
In response to this very real—and disturbingly common—risk, the New York City Council enacted the Freelance Isn’t Free Act in 2017. The law, which provides multiple rights and protections to freelancers, primarily aims to reduce non-payment, delayed payment, and partial payment, and protection from retaliation.
Under this act, any individual hired as an independent contractor to provide services in exchange for compensation is considered a freelance worker. The person or entity hiring the freelancer can be any individual or business that is not a government entity.
On May 15, 2017, the law went into effect, establishing and enhancing the following protections for freelancers:
- The right to a written contract
- The right to receive full payment on time
- The right to protection from retaliation
Under the law, persons and entities in violation can be penalized, and those who suffer damages have a right to seek compensation. Repeat offenders can be penalized to the tune of up to $25,000. An experienced NYC employment law attorney can help you determine how to proceed.
What Are Your Rights Under the Freelancer Payment Protection Act?
The primary rights under the Freelancer Payment Protection Act include the right to timely payment, the right to freedom from retaliation, and the right to file a complaint.
- Timely payment – The freelancer must receive full payment on or before the date stated in the contract. If no date is stated in the contract, full payment must be received within 30 days of the completion of work.
- Mandatory contracts – When a freelancer is hired to perform work valued at more than $800, they must use a contract or face fines for failure to do so.
- Protections from payment agreements – Hiring parties cannot negotiate with freelancers to accept partial payment in exchange for timely payment.
- Right to file a complaint – Freelancers can file a complaint of non-payment with the Office of Labor Policy Standards. Once the hiring party is notified of the complaint, they have 20 days to respond.
- Freedom from retaliation – The hiring party is prohibited from retaliating against the freelancer for exercising their rights under the Freelance Isn’t Free Act. This includes penalizing or threatening the worker and threatening unwarranted legal action.
- Double damages – Freelancers are permitted to seek and collect double damages and attorneys fees, and violators can be penalized up to $25,000.
The Freelance Isn’t Free Act law applies to NYC sole proprietors (freelance, gig, or contract workers) earning 1099 income who are owed more than $800 for work performed over four months or less.
If you are a freelancer whose client refuses to pay, it is in your best interest to file a complaint with the Office of Labor and Policy Standards. You can seek immediate legal counsel from an attorney with extensive experience in employment law.
If the individual or entity does not respond to your complaint within 20 days, you will receive a “rebuttable presumption.” This means the judge should presume that the hiring party is in violation of the law.
In addition to notifying the hiring party of your complaint, the Office of Labor and Policy must also create a Court Navigation Program, which provides you with information to support you through the legal process.
Legal Services for New York City Freelancers
Our NYC freelancer lawyers are invaluable allies to non-employee workers in need of legal counsel and representation. Through our meticulous and proactive approach, we not only help freelancers avoid legal pitfalls but also address emerging issues before they escalate. This helps lay a solid foundation for sustainable and successful freelance careers.
Our freelancer attorneys provide many legal services, including:
- Providing tailored legal advice – New York City’s complex legal landscape can be challenging for non-lawyers to navigate. Our skilled freelancer rights lawyers will offer legal advice and address your questions and concerns.
- Reviewing and negotiating contracts to ensure protection and fairness – In addition to offering tailored advice, our freelancer lawyers can review, draft, and negotiate work contracts to ensure they provide adequate protection.
- Dispute resolution – If a dispute arises over a freelance contract, our lawyers can help you work toward an efficient and fair resolution, saving time and resources and preserving valuable professional relationships where possible.
- Representation in negotiations or litigation – If your dispute escalates, our lawyers can represent you in both negotiations and litigation, ensuring your legal rights and interests are protected throughout the process.
- Advice on intellectual property rights and licensing agreements – Intellectual property rights can often be ambiguous in freelance-client relationships. Our lawyers can help protect your intellectual property rights, navigate licensing agreements, and safeguard your creative assets.
Seek Help To Protect Your Rights as a Freelancer
If you need legal help for freelancers in NYC, consult the skilled legal team at Joseph & Norinsberg LLC. Our New York City lawyers for independent contractors will carefully listen to your story and work to ensure your rights are protected. Reach out online or call (212) 227-5700 to schedule a free, confidential case consultation with our experienced NYC attorneys for freelance contracts.
A lawsuit proved employer misappropriation of tips. Court awarded employees unpaid tips, damages, fees after bench trial.
Wage and hour settlement on behalf of residential superintendents.
After getting the defendant to agree to mediation, settled for a class of construction workers who were not paid their overtime properly.
