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freelance journalist, freelance photography, freelance writing tips, freelancer, writing, writing for magazines, writing organizations
Historic legislation protecting freelancers passed in New York today. The Freelance Isn’t Free Act sets forth new regulations for businesses that work with independent contractors. The legislation, formally titled “A Local Law to amend the administrative code of the city of New York, in relation to protections for freelance workers,” imposes clear legal consequences for businesses who do not pay freelancers.
You may have followed #FreelanceIsntFree on social media. While lawmakers have discussed the proposed legislation for more than a year, freelancers and others have voiced their thoughts with the hashtag to highlight examples of independent workers who deal with late or non-paying clients.
The Act provides freelancers:
The right to written contract, the right to be paid timely and in full and the right to be free of retaliation.
The Act requires a contract for projects in excess of $200 and provides legal recourse for freelancers if balances remain unpaid 30 days after payment was due. If a freelancer pursues litigation and wins, the new legislation includes provisions for attorney fee reimbursement, as well as receipt of damages. Businesses that develop a pattern of not paying independent workers may face a civil fine up to $25,000.
This new law not only protects creative workers, but all independent workers, which include anyone who receives a 1099 and/or performs work and is not an employee. Some construction workers, manufacturing positions, and caregivers, among many other fields, may also enjoy protections under this new law.
Mark your calendars – because freelancers should celebrate this victory annually! Also, help bring this matter to state lawmakers in your area. The Freelancers Union has a simple petition you can sign here that helps direct the issue straight to your zip code.
Write Naked 
It’s a start, but as long as people are willing to write for pubs like Huff Post for free, and pubs like Huff Post are proud of the fact that they don’t pay their writers AND as long as readers read the unpaid work without any thought to the fact the writers have to eat and live…there’s a long way to go for freelance writers.
Yes, the breed of writers penning work for free is an entirely separate issue. Don’t get me started on HuffPo! 😛
Ditto!
I shouted with joy when I heard this news! It’s about time. I’ve been left holding the bag on a few occasions when clients didn’t pay.
I hope that this galvanizes other communities to strive for a nationwide law. 🙂
It’s a small step for freelance-kind. I don’t mind donating my writing or time to a worthy cause, but it shouldn’t be expected. Thus far, I’ve never had a client that didn’t pay. I did get a really great job offer only to find out the job didn’t pay. I was more than just sad, I was offended. Why would anyone think it was appropriate to ask for thousands of pages of data entry for free? They tried to soften the blow by saying I could do one or two pages a week… No, they weren’t joking.
Lucky you! (About the diligent clientele. Part of me feels they should be awarded for always paying timely, but then again – they should just do as expected. 🙂 ) Not-so-lucky on the “job offer.” A job with no pay is not a job! That’s a volunteer opportunity. They may need to be educated on proper word use.