January 25, 2022

Volume XII, Number 25

Advertisement
Advertisement

January 24, 2022

Subscribe to Latest Legal News and Analysis
Advertisement

Department of Consumer Affairs Publishes Rules Governing FIFA

On May 15th, the Freelance Isn’t Free Act (“FIFA”) went into effect in New York City. The Department of Consumer Affairs (“DCA”) recently issued guidelines to help employers comply with the law.

Coverage and Immigration Status

FIFA protects all freelance workers regardless of their immigration status.

Contract Value Threshold

FIFA requires parties that retain freelance workers to provide any service where the contract between them has a value of $800 or more to reduce their agreement to a written contract. Under the DCA guidelines, the value of the contract includes “the reasonable value of all actual or anticipated services, costs for supplies, and any other expenses under the contract.”

Retaliation

FIFA prohibits hiring parties from retaliating against a freelance worker who exercises his/her rights under FIFA. Under the DCA guidelines, retaliation includes, but is not limited to, any adverse action related to perceived or actual immigration status or work authorization. In order to prove retaliation, a freelance worker can provide circumstantial or actual evidence of the hiring party’s adverse action. Any hiring party who denies a work opportunity to a freelance worker covered under FIFA is liable of retaliation regardless of whether a contract exists between them.

Waiver of Rights

All waivers or limitation for a freelance worker to participate or receive money in a judicial action are invalid as a matter of law under FIFA.

Employers should ensure that contracts entered into with freelance workers (or existing contracts that are renewed) with a value of $800 or more comply with FIFA and the published DCA rules.

This post was written with assistance from Corben J. Green.

©2022 Epstein Becker & Green, P.C. All rights reserved.National Law Review, Volume VII, Number 187
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Nancy Gunzenhauser Popper Labor Employment Attorney Epstein Becker Law Firm
Member of the Firm

NANCY GUNZENHAUSER POPPER is a Member of the Firm in the Employment, Labor & Workforce Management practice, in the New York office of Epstein Becker Green.

Ms. Popper:

  • Counsels clients on compliance with EEO laws, the Americans with Disabilities Act, the Family and Medical Leave Act, worker classification issues, and other federal, state, and local statutes governing the workplace

  • Advises employers in all facets of the employment relationship, from pre-employment considerations and hiring to terminations and post-employment...

212-351-3758
Marc-Joseph Gansah, Epstein Becker, Employee Handbook Preparation Lawyer, Workplace Discrimination Attorney
Associate

MARC-JOSEPH GANSAH  is an Associate in the Employment, Labor & Workforce Management practice, in the New York office of Epstein Becker Green.

Mr. Gansah:

  • Advises clients on designing, implementing, maintaining, administering, and terminating employee benefit plans

  • Counsels clients on executive compensation issues, including incentive compensation arrangements, and stock option plans with a concentration on cross-border executive compensation

  • Assists in representing employers in in arbitration and mediation before FINRA and JAMS...

212-351-4618
Advertisement
Advertisement
Advertisement