Gig workers in New York have clear legal rights. While gig workers do not have the same rights as employees, several important protections apply, and when companies violate gig workers’ rights, gig workers can seek appropriate remedies through the New York Division of Consumer and Worker Protection (DCWP) or in court if necessary.
What should you know about your legal rights as a gig worker in New York? Here are some of the key protections to which you are legally entitled:
The Right to a Written and Enforceable Contract
Under New York’s Freelance Isn’t Free Act, which took effect in 2024, you are entitled to a written and enforceable contract if you make more than $200 per month from any company. As the New York DCWP explains:
“All contracts worth $800 or more must be in writing. This includes all agreements between you and the hiring party that total $800 in any 120-day period. The written contract must spell out the work you will perform; the pay for the work; and the date you get paid.”
The New York DCWP has created a model contract that gig workers and companies can use to comply with the law. Along with mandatory provisions regarding the services to be provided, payment amount, method of payment, and timing of payment, the model contract also includes optional provisions that address:
- Late payment fees
- Alternate payment options (including retainer fees and installment payments)
- Restrictions on modifying the agreement
- Limitations on liability
- A protection against liability for failing to complete work due to a mental or physical health condition
- Ownership of work product
- Confidentiality
While the model contract may serve as a good starting point for certain types of gig work, as the New York DCWP makes clear, gig workers should “consult an attorney or workers’ rights advocate if [they] have any questions about what should be included,” in an independent contractor agreement. In any case, if you have a well-drafted contract in place—and if your contract is legally enforceable—you should be able to use it to seek payment (or other appropriate remedies) in the event that a company violates the terms to which you have agreed.
The Right to Timely Payment
Regardless of whether you have a written contract in place, you have the right to payment for all work you complete in accordance with the terms of your engagement. If you do not have a contract, or if your contract does not specify a payment date, you are entitled to payment within 30 days of completing a task.
The New York DCWP’s model contract also includes a provision that requires gig workers to submit a “list of services due for payment” in order to provide companies with “enough time . . . to process payment by the agreed-upon payment date.” If you use the model contract, you should be sure to keep track of this requirement so that you do not run into payment issues unnecessarily.
The Right to Be Free From Retaliation
The Freelance Isn’t Free Act makes it illegal for companies to, “penalize, threaten, blacklist, or otherwise deter workers from exercising their rights,” under the statute. As the New York DCWP also explains, “[d]enying a worker future work and threatening to take unwarranted legal action against a worker are also illegal.” If a company illegally retaliates against you, you may be entitled to financial compensation above and beyond any fees you are entitled to receive for the services you have provided.
The Right to Appropriate Remedies
Gig workers who experience violations of their rights under the Freelance Isn’t Free Act are entitled to statutory damages (equal to the value of the underlying contract), double damages, injunctive relief and “other such remedies as may be appropriate.” The statute also entitles gig workers to recover their legal fees and costs if their claims are successful.
The Right to Be Properly Classified
All workers in New York have the right to be properly classified—either as an employee or as an independent contractor. If a company has classified you as a gig worker but you qualify as an employee under New York law, then you are entitled to all of the protections afforded to employees under the law.
Improper classifications are common, as companies will frequently attempt to classify their employees as independent contractors in order to avoid the obligations that come with the employer-employee relationship. If you have been improperly classified as an independent contractor, this improper classification does impair your ability to assert your legal rights.
The Right to Take Legal Action if Necessary
Regardless of the specific issue involved, if a company has violated your legal rights as a gig worker (or as an employee), you have the right to take legal action. You can—and should—hire a lawyer to represent you, and you will want to work closely with your lawyer to ensure that you are pursuing all remedies to which you are legally entitled.
Depending on the circumstances involved, taking legal action may involve filing a complaint with the New York DCWP, filing a lawsuit in court or seeking appropriate remedies through other formal legal means. In many cases, companies will also be willing to negotiate with workers who have hired a lawyer to represent them. In any case, an experienced New York employment lawyer will be able to help you make informed decisions throughout the process, and your lawyer will be able to take all of the steps that are necessary to assert your legal rights effectively.
Schedule a Free Consultation with a New York Employment Lawyer at Bell Law Group
If you need to know more about your legal rights as a gig worker in New York—or if you think that you may need to take legal action—we invite you to get in touch. To schedule a free consultation with a New York employment lawyer at Bell Law Group, please call 516-280-3008 or tell us how we can help online today.
