Indepayment is proud that our home town, New York City, is considering creating the first-of-its kind legislation that statutorily protects freelancers and independent workers from non-payment and wage theft. The protections are badly needed: One study estimated that NYC freelancers annually may be owed $1.1 billion annually in unpaid wages. The legislation is supported by the Freelancers Union, and it is a model for solutions to freelancer wage theft around the nation.
The New York City Council’s Consumer Affairs Committee is holding a hearing on Monday, February 29, 2015. Our friends at the Freelancers Union are holding a rally before the hearing, and really want a full house during the hearing to show support to any wavering City Council members. Democracy in action!
New York City’s legislation is known as City Council Intro 1017 of 2015 and called, in legislative speak “A Local Law to Amend the Administrative Code of the City of New York, in Relation to Establishing Protections for Freelance Workers.” You can read the full proposed legislation here.
We’ve been working with the Freelancers Union to support the legislation. The Indepayment team will be there on February 29 to testify in support of Intro 1017.
Puts in place an administrative process through the New York City Department of Consumers Affairs for debts that are under two years old as measured from the date of non-payment.
Creates a criminal penalty for a knowing and willful violation – employers who purposely don’t pay could be imprisoned for three months!
Although we will suggest some improvements in subsequent blog posts – such as creating liability on behalf of the owner of the client for non-payment which exists for employees under the New York City Labor Law and the Federal Fair Labor Standards Act and allowing for court cases subsequent to the City’s enforcement by extending the limitation period for bringing these claims and making it clear that a freelancer can use private enforcement as a supplement to City enforcement -- Indepayment supports the legislation as written.
We look forward to working with the Freelancers Union, the City Council and other stakeholders to see Intro 1017 become a part of the New York City Administrative Code.