New York

New York City’s “Freelance Isn’t Free” Act Also Isn’t Waivable 

Freelance

From JDSupra, Andrew Lauria, Rebecca Carr Rizzo, and Kenneth Taber discuss the regulations published by the New York City Department of Consumer Affairs implementing the Freelance Isn’t Free Act.  They write: The Freelance Isn’t Free Act is a recent New York City law that went into effect on May 15, 2017. As previously reported in our Client Alert, “NYC…

New York Appellate Court Strikes Down Class Action Waivers

New York State

  From JDSupra, Howard Wexler and Robert Whitman discuss a New York Appellate case in which the court found a class action waiver violated a worker’s rights under the National Labor Relations Act (NLRA).  Howard and Robert write: As our loyal readers are well aware, the U.S. Supreme Court is scheduled to hear oral argument in its Fall 2017 term regarding…

NY Times Freelancer Misclassified, Underpaid, Lawsuit Says

new york times

  From Bloomberg BNA, Jon Steingart reports that a photographer for the New York Times alleges that he was misclassified as an independent contractor. Jon writes:  The New York Times Co. didn’t fully pay a photographer for about 3,300 hours’ worth of overtime worked over 10 years, according to a recent lawsuit. Photographer Robert Stolarik sometimes had…

Newly Adopted “Freelance Isn’t Free” Rules Rife with Preemption Issues Under FAA 

confirm arbitration agreement

  From JDSupra, Meredith-Anne Berger and Gena Usenheimer discuss the rules issued to implement the Freelance Isn’t Free Act in New York City and question whether the prohibition against arbitration clauses and class action waivers might be preempted by the Federal Arbitration Act (FAA). Meredith and Gena write: Prohibition Against Arbitration? The Rules provide that any contract…

NYC Agency Publishes Rules for New Independent Contractor Law 

NYC Consumer Affairs website

  From JDSupra, Mark Goldstein and Cindy Schmitt Minniti discuss rules issued by the New York City Department of Consumer Affairs that govern the company-freelancer relationship.  In particular, the rules threaten provisions that require binding arbitration and waive a freelancer’s right to participate in a class action lawsuit.  Mark and Cindy write: As part of the Act’s implementation,…

Judge finds NYC Uber drivers to be employees

Uber X from the backseat

  From the Albany Times Union, Matthew Hamilton reports on a decision by an administrative law judge that allows Uber drivers to collect unemployment benefits.  Matthew writes: A state administrative law judge has ruled that three Uber drivers in New York City and “all others similarly situated” to them are considered employees, making them eligible for…

New Freelancer Law Imposes Additional Requirements For NYC Companies Contracting With Freelancers 

new york city street

  From JDSupra, Lisa Lewis and Danielle Thompson discuss the new Freelancers Isn’t Free Act that imposes new requirements on companies doing business with freelancers in New York City.  Lisa and Danielle write: The Establishing Protections for Freelance Workers Act, also known as the Freelance Isn’t Free Act, (the “Freelance Law”), which was touted by…

Freelance Isn’t Free Act — NYC Consumer Affairs

NYC Consumer Affairs website

  With the Freelance Isn’t Free Act (FIFA) becoming effective on May 15, 2017,  The New York City Consumer Affairs Department provided this copy of Local Law 140 of 2016. Note: New York City businesses must comply with all relevant federal, state, and City laws and rules. All laws and rules of the City of…

Freelance Isn’t Free: New York City Reins in Independent Contractors, One Work Provider at a Time 

New York City street

  From JDSupra, Alexander Batoff discusses the requirements of New York’s Freelance Isn’t Free Act (FIFA) which went into effect on May 15, 2017. Alexander writes: FIFA, which was passed into law last October and took effect Monday, May 15th, requires all freelance services worth at least a combined $800 over the previous 120 days to be…

Black Car Drivers in New York City Held Independent Contractors By Federal Court of Appeals

Black car

  From JDSupra, Richard J. Reibstein discusses the recent Second Circuit Court of Appeals case which said that black car drivers in New York were independent contractors. Richard writes: The decision in Saleem v. Corporate Transportation Group Ltd., No. 15-88-cv, was issued yesterday, April 12, 2017. The case involves black-car drivers in the greater New…