* § 1413. Discrimination prohibited. No hiring party, as defined in this article, shall threaten, intimidate, discipline, harass, deny a work opportunity to, or discriminate against a freelance worker, or take any other action that penalizes a freelance worker for, or is reasonably likely to deter a freelance worker from, exercising or attempting to exercise any right guaranteed under this article, or from obtaining any future work opportunity because the freelance worker has done so.

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Terms Used In N.Y. General Business Law 1413

  • Freelance worker: means any natural person or organization composed of no more than one natural person, whether or not incorporated or employing a trade name, that is hired or retained as an independent contractor by a hiring party to provide services in exchange for an amount equal to or greater than eight hundred dollars, either by itself or when aggregated with all contracts for services between the same hiring party and freelance worker during the immediately preceding one hundred twenty days, but does not include:

    (a) any person who, pursuant to the contract at issue, is a sales representative as defined in § 191-a of the labor law;

    (b) any person engaged in the practice of law pursuant to the contract at issue and who is a member in good standing of the bar of the highest court of any state, possession, territory, commonwealth or the District of Columbia and who is not under any order of court suspending, enjoining, restraining, disbarring or otherwise restricting such person in the practices of law;

    (c) any person who is a licensed medical professional; or

    (d) any person who is a construction contractor. See N.Y. General Business Law 1410
  • Hiring party: means any person who retains a freelance worker to provide any service, other than:

    (a) the United States government;

    (b) the state of New York, including any office, department, agency, authority or other body of the state including the legislature and the judiciary;

    (c) a municipality, including any office, department, agency or other body of a municipality; or

    (d) any foreign government. See N.Y. General Business Law 1410

* NB Effective August 28, 2024