New York, NY asked in Business Law, Contracts and Employment Law for New York

Q: Is my work covered by the upcoming Freelance Workers law taking effect 5/15/17?

Related to NEW YORK CITY ADMINISTRATIVE, CODE TITLE 20 CONSUMER AFFAIRS, CHAPTER 10 FREELANCE WORKERS taking effect on May 15, 2017. In the law it states that the definition of a 'freelance' worker does not include:

Any person who, pursuant to the contract at issue, is a sales representative as defined in section 191-a of the labor law

I am a 1099 subcontractor at a company where I do both Sales where I get paid Commissions and non-Sales work where I get paid either hourly or flat rate depending on the job. All work is paid as 1099 non-employee. Would my work with that company be covered under this law?

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2 Lawyer Answers
PREMIUM
Answered
  • San Francisco, CA
  • Licensed in New York

A: It depends on the nature of the non-sales work and its relation to the sales work. Have a lawyer look closely at your issue. See: http://www.aeesq.com/business-law/employment-lawyer/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Answered
  • Montclair, NJ
  • Licensed in New York

A: No clear answer unfortunately, but I would argue that the non-sales work would be covered. What benefits are you seeking?

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