Back in 2017, New York City enacted the Freelance Isn’t Free Act, also known as “FIFA."

It established protections for freelance workers, including the right to a written contract, timely and full payment, and protection from retaliation.  

Legislation has also been proposed in Albany to create a similar statewide law. 

“The Freelance isn’t Free Act statewide not only guarantees really basic stuff like the right to a written contract and that employers can’t retaliate against you for trying to negotiate, it also ensures that you would get paid within 30 days within completing freelance work, which would really be huge,” said Eric Thurm, a member of the Freelance Solidarity Project Organizing Committee and the Campaign Coordinator for the National Writers Union. 

The bill [S8369/A9368], sponsored by state Sen. Andrew Gounardes and Assemblyman Harry Bronson, would also give the Department of Labor the ability to go after unpaid wages.

“My understand is that the bill specifically empowers the Department of Labor to do…administrative enforcement,” Thurm explained. “Right now, the [New York City] law is enforced by the Department of Consumer and Worker Protections, but that often manifests in having people go to small claims court, which can be good if the city is helping you, but it also means that you potentially might have to pay out for a lawyer.”

Advocates have had to fight to ensure that New York City enforces the FIFA law. A statewide version would enhance freelancer protections. 

“If you’re a freelancer who is going after $800 which is the city threshold, it doesn’t make sense for you to pay for a lawyer,” Thurm told Capital Tonight. “But that $800 is still the difference between you paying rent and not paying rent.”

The bill currently sits in the state Senate Finance Committee and the Assembly Labor Committee.