N.Y. General Business Law Section 1412
Written contracts


1.

Whenever a hiring party retains the services of a freelance worker, as such terms are defined in this article, the contract between such party and worker shall be reduced to writing. The hiring party must furnish a copy of such written contract, either physically or electronically, to the freelance worker and each party to the written contract shall retain a copy thereof.

2.

The written contract shall include, at a minimum, the following information:

(a)

the name and mailing address of both the hiring party and the freelance worker;

(b)

an itemization of all services to be provided by the freelance worker, the value of the services to be provided pursuant to the contract, and the rate and method of compensation;

(c)

the date on which the hiring party must pay the contracted compensation or the mechanism by which such date will be determined; and

(d)

the date by which a freelance worker must submit a list of services rendered under such contract to the hiring party in order to meet any internal processing deadlines of such hiring party for the purposes of compensation being timely rendered by the agreed-upon date as stipulated in paragraph (c) of this subdivision.

3.

Such hiring party shall be required to keep such contract for a period of no less than six years and shall make such contract available to the attorney general upon request. The failure of a hiring party to maintain such contracts or produce such contracts to the attorney general shall give rise to a presumption that the terms that the freelance worker has presented are the agreed upon terms.

4.

The commissioner of labor shall make available model contracts on the website of the department of labor for use by the general public at no cost. Such model contracts shall be made available in English and in the twelve languages most commonly spoken by limited English proficient individuals in the state. * NB Effective August 28, 2024

Source: Section 1412 — Written contracts, https://www.­nysenate.­gov/legislation/laws/GBS/1412 (updated Mar. 8, 2024; accessed Jun. 15, 2024).

Accessed:
Jun. 15, 2024

Last modified:
Mar. 8, 2024

§ 1412’s source at nysenate​.gov

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