Independent contractor law new york


On September 25, the U. The FLSA requires employers maintain certain records regarding employees and provide a federal minimum wage and overtime to nonexempt employees. Please see here for a discussion about joint employer obligations under the FLSA. Administrative agencies and the courts have developed an array of factors to determine whether an individual is an independent contractor. The DOL intends the proposed regulations to focus the various interpretations into five factors establishing an economic reality test, rescinding any inconsistent, prior administrative rulings and interpretations.


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WATCH RELATED VIDEO: Independent Contractor Agreement Walk Through

New York Independent Contractor Rights


State legislative efforts to expand the coverage of new employment laws to independent contractors in addition to employees continue to emerge. It appears that New York is on the cutting edge of this trend. Employees and independent contractors are not entitled to the protections of the law, however, if they do not make a good faith effort to first notify a supervisor of the company and afford the company an opportunity to correct the matter, unless one of five specified exceptions apply including where there is an imminent and serious danger to public health or safety.

Is this the first time New York has expanded employment laws to cover independent contractors? The New York State Human Rights Law was amended in late to prohibit unlawful discrimination against independent contractors who provide services to an employer. This enactment is similar to an amendment of the municipal law in New York City. Both laws also require accommodations for religious beliefs and disabilities, and may form a basis for an exemption from the application of vaccination mandates imposed on independent contractors.

When New York State and New York City expanded sexual harassment protections for employees, they also added coverage of independent contractors protected by such anti-harassment laws. As we reported in a prior blog post , the New York City law also imposes requirements on companies with 15 or more employees and independent contractors to ensure that independent contractors who provide services to such companies 90 or more days per year receive anti-sexual harassment training.

These laws are in addition to New York City laws that have been enacted specifically to protect freelancers and other independent contractors. That law regulated the relationship between independent contractors and those who retain them, giving independent contractors a right to sue for double damages if they are not provided with a written contract containing specified terms and are not paid in accord with those terms or within 30 days after completion of the contract services.

More recently, we were quoted in Law in an article about a set of six City Council bills, which Mayor Bill deBlasio said he that would sign, entitling independent contractors who deliver meals for restaurants through food delivery apps to an array of rights and protections regarding working conditions, tips, and wage payments.

What is the impact of these new legal initiatives on independent contractors and companies that utilize them? Ironically, expanding the employee protections of these new laws to independent contractors may be a favorable circumstance for companies using independent contractors in New York. If a worker treated as an independent contractor believes he or she has been discriminated against on the basis of a protected characteristic or retaliated against for engaging in a form of protected activity, the individual is no longer relegated to filing an independent contractor misclassification lawsuit in order to gain protections previously available only to employees.

That aspect of these new provisions may actually reduce the number of such misclassification claims in New York. Hopefully, that will be deemed as satisfying the posting requirement in the new law. What else should companies do when engaging independent contractors in New York and elsewhere?

Companies operating with independent contractors in New York and other states should still take steps to enhance their compliance with state and federal laws barring the misclassification of employees as independent contractors. See more ». This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks.

By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies. New Trend? Richard Reibstein. To embed, copy and paste the code into your website or blog:. How does the amended whistleblower law expand upon prior New York law? Send Print Report.

Locke Lord LLP. Published In: Employer Liability Issues. Independent Contractors. State Labor Laws. Wage and Hour. Locke Lord LLP on:.

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As we previously reported , the law prohibits employers from:. The guidance addresses and clarifies a number of details about the new law. Below are some of the key takeaways. Under the law, applicants and employees are permitted to voluntarily disclose their pay history, including for the purpose of negotiating compensation.

The New York and New Jersey based attorneys at Emre Polat Law Group are experienced in analyzing the legal status of the professional relationship which you.

Independent Contractor Protection Law In Effect In New York City As Of May 15

Join Our Mailing List. By: Kimberly Klein , Shari A. Hoffman , Rebecca Zittell , and Eliza Barrocas. Below we highlight 10 employment law changes and updates that businesses need to know in New York State employers with one or more employees and New York City employers with 15 or more employees who work at least 80 hours in a calendar year must conduct annual sexual harassment training by end of the year if they have not yet done so. Under New York City law, independent contractors are considered employees and must also undergo the training. The training requirement, which went into effect in , must be interactive. Beginning January 1, , New York employers must increase the amount of employee-funded PFL provided to applicable employees from 10 to 12 weeks.


Fact Sheet: 2019 Updates to the New York State Human Rights Law

independent contractor law new york

Members may download one copy of our sample forms and templates for your personal use within your organization. Neither members nor non-members may reproduce such samples in any other way e. The law already banned boxes on initial job applications seeking information about whether an applicant had been convicted of a crime, a prohibition that gives people with criminal histories a fair chance at being hired. In addition to expanding this protection for current workers, freelancers and independent contractors—through amendments that took effect July 29—the law extends to arrests, and New York City employers must now use a two-step background check process. A "ban-the-box" law will take effect nationally for federal contractors in December.

The guidance explains who is covered, what protections have been added, and the required sexual harassment training, among other topics.

NYC Employee Misclassification Attorney

Normally, independent contractors are not subject to minimum wage requirements, since those laws such as the Fair Labor Standards Act apply only to employees. Lots of litigation focuses on whether contractor drivers should, in fact, be classified as employees and therefore subject to minimum wage and overtime rules, but if the drivers are properly classified as independent contractors, minimum wage requirements typically do not apply. Bureau of Labor Statistics. As we posted here , NYC had previously passed a rule capping the number of ride share drivers who could drive in New York City. The bottom line here is that NYC is protecting its taxi drivers by trying to reduce the number of ride share drivers in the city and by raising the cost of using these services. Those costs undoubtedly will be passed on to the customer.


New York Employee/Contractor Misclassification Attorneys

This appears to be the first time a government entity has imposed wage rules on privately owned ride-hailing companies. The main reason for this new requirement is that independent contractor drivers are often required to cover their own expenses that affects their hour wages. We use cookies on this website to enhance your browser experience. By continuing to use this site or by clicking the button below, you are providing us with your consent to our use of cookies on the site. To learn more about cookies and how we use them, please review our privacy policy. I Understand. This new rule is scheduled to take effect on December 31, The wage requirement is expected to have far-reaching repercussions, including: Fare hikes by Uber that may result in customers using New York City yellow taxicabs and Boro Taxis, particularly given the rise of apps that allow riders to hail taxis from their phones, similar to Uber, Lyft, Via, and Juno.

Table of Contents · Employees and Independent Contractors · Getting Your Employer Identification Number · New Hire Reporting Requirements · Tax Withholding.

Independent Contractor Agreements

This page will discuss some of the issues involved in hiring independent contractors, such as who will own the intellectual property, should an agreement be entered into with the independent contractor, and what terms should be included in the written agreement. Many of our clients have the need to hire independent contractors and this discussion will serve as general guidance. These contractors may be creating artwork for a trademark logo or for other business purposes, computer programs, written work etc.


Why Does It Matter Whether I Am An Employee Or An Independent Contractor In New York State?

In some situations, federal law will govern, but the question is most often resolved by looking to state law, particularly in areas such as unemployment tax liability, workers' compensation, and state wage and hour requirements. For purposes of wage payment requirements, New York courts have ruled that the determination of whether an employer-employee relationship exists rests upon evidence that the employer exercises either control over the results produced or over the means used to achieve the results. Minimal or incidental control over an employee's work product without the employer's direct supervision or input over the means used to complete the work is insufficient to establish a traditional employment relationship Bhanti v. Brookhaven Memorial Hosp. Medical Center, Inc.

New York City employers may want to ensure that an independent contractor agreement, which details payment and otherwise complies with the Act, is agreed to and executed prior to commencing any independent contractor relationship. The Act is effective on May 15,

INSIGHT: The Rise of Independent Contractor and Freelancer Protections in New York

WHEREAS, the classification of a worker as an employee or an independent contractor has significant legal and policy ramifications both for the State and for the parties to the work relationship, including eligibility for unemployment insurance, workers' compensation and disability insurance, and tax liability and flexibility to adopt business practices geared to changing economic realities;. WHEREAS, employers face uncertainty in the proper classification of workers because there is no statute, code, rule or regulation that specifically identifies the factors or conditions constituting an independent contractor relationship;. WHEREAS, employers must deal with several state agencies with concurrent jurisdiction over this issue and these agencies sometimes provide contradictory determinations;. WHEREAS, it is in the interest of the State to provide a means by which workers are fairly categorized so that they do not suffer the loss of rights or benefits resulting from the improper or misleading classification of their status; and. WHEREAS, it is in the interest of the State to set forth a comprehensive policy to end the confusion that has unfairly caused concern to employers, employees and independent contractors;.

Signing a Contract Saying I’m an Independent Contractor

The proposed NYC bill explicitly exempts certain categories of workers from its presumption of coverage. These include:. As currently drafted, Int. Notably, ordinarily to be eligible for ESSTA leave an employee must be employed for days before they begin to accrue sick leave.


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