ALBANY, NY - MARCH 11: The Senate floor is seen inside the State Capitol March 11, 2008 in Albany, ... [+]
The term “freelancer” comes come swordsmen (lancers) who would fight for whatever army paid them more. It didn’t come from the word “free,” although some people seem confused.
“Freelance Isn’t Free” Act
Not paying freelancers is all too common, but fortunately, progress is being made. In 2016, New York was the first state to create a Freelance Isn’t Free Bill, which offers some welcome benefits for freelancers, such as timely payments, protection from retaliation, injunctive relief, mandatory contractors, and attorney’s fees. Like many of NY State’s best features, it began in New York City. In 2022, a version passed both houses of the NY State Legislature, but Governor Kathy Hochul vetoed it.
However, there’s recent good news for those who support the Freelance Isn’t Free bill. State Senator Andrew Gounardes (D-26) and Assemblymember Bronson will co-sponsor the bill this session.
Benefits of the Bill
Now is the moment to protect freelancers. As more and more people shift towards freelance work, there’s a chance the union membership will decline, even though these workers also aren’t getting employee-sponsored benefits. “Most younger people don't tend to stay at one employer for 30 years like I did,” says Marc McCann, retired USW Local 12075 member. “With a transient workforce, unions might suffer.”
And freelancers face unique challenges. “71% of freelancers experience late or non-payment, only 28% say they consistently have a written contract for work, and they lose on average $5,968 a year,” says Senator Gournardes. “MyThisbill would ensure that any freelancer hired for over $250 over a 4-month period must have a clear written contract, that payment must be received within 30 days of completion of work at the latest, and that the state can provide legal assistance to freelancers if collection is necessary.”
Potential for Passage
Of course, there are many hurdles to a bill becoming law—we’ve all seen Schoolhouse Rock! I asked the Senator about potential challenges. “As with many pieces of legislation, the Governor and her staff often have questions regarding the fiscal impact of bills, amongst other things,” says Gournardes. “Advocates supporting our bill have been meeting with the Governor’s team to discuss any outstanding concerns they may have, and I have also had a number of discussions with the Governor and her team myself regarding this bill.”
The bill is set to be on Governor Hochul’s desk by the end of the year, but it’s passage in the legislature was overwhelming—with only one person voting against it in the entire State Assembly. Fingers crossed for the future of the Freelance Isn’t Free Act!
