Any individual or company in New York that hires an independent contractor on or after May 15, 2017 should verify the legal requirements and ensure that all contracts with independent contractors comply with legal requirements, that all independent contractors are paid on time and that all payments are made in accordance with contractual conditions. Any provision in an agreement that attempts to waive the rights of a self-employed person under the law is considered null and void. The provisions proposed by the Ministry of Consumer Protection extend this provision and provide that any provision of a contract that would require a self-employed person to waive a right to participate in a “class, collective or representation procedure” or “to waive or limit … any other form of procedural law normally granted to a party in a civil or administrative action is deemed non-aigale. It is important that you understand the distinction between independent contractors and employees. It`s about you and your business. If you are unsure if someone is a public employee or an independent contractor, email our Retirement Integrity Office. In general, workers are classified as either salaried or self-employed contractors, and it is important to know the difference. Traditionally, workers have more rights than independent contractors under labour and labour laws, such as the right to minimum wage, overtime, unemployment benefits, health care and other benefits. As a result, the law provides for significant financial and legal consequences for employers when they de-qualify a worker as an independent contractor and deny him benefits. In New York, written contracts are required for independent contractors under the Freelance Isn`t Free Act (FIFA). The law imposes certain safeguards for independent contractors, such as a written contract, timely and comprehensive payments, the right to file a complaint with the Office of Labor Policy and Standards, and protection from reprisals.
Independent contractors can be perfect for a business, but to avoid potential problems, talk to a lawyer. A well-written agreement can help you stay out of distress with respect to labour laws and protect your interests in the event of a dispute. FIFA was adopted to protect individuals from exploitation by employers; but not everyone qualifies. An independent contractor can qualify if he owns his own business as long as his company does not have other employees. In addition, there are exceptions in the law for certain commercial agents, lawyers, doctors and contract workers in the state.