7 ms·

> Passing with 51 votes, the Freelance Isn’t Free Act requires written contracts for freelance gigs, allows freelancers to file complaints against non and late-

by zeveb 10y ago

> Passing with 51 votes, the Freelance Isn’t Free Act requires written contracts for freelance gigs, allows freelancers to file complaints against non and late-paying clients with the Department of Labor Standards, and institutes penalties against clients found guilty of nonpayment in small claims court. Requiring written contracts seems like a handout to lawyers. Alternatively, it seems like a clever way to enable folks with only a verbal contract to refuse to pay, since a verbal contract is now illegal. Contracts are already enforceable at law, so how does this actually improve things?

Spooky23 10y ago
Compared to an industry like construction, or the professions, freelancers have poor protections because they get treated like corporate relationships instead of casual employees. Sounds like this gives the NYC labor standards folks to accept complaints and sanction bad employers. I'm imagine that requiring verbal contracts would be something that you could complain about. Written agreements don't necessarily mean that you need lawyers involved and are always a good idea unless you're getting paid on demand. When I was in a corporate gig as a second level manager, I could sign off of statements of work under $50k with a contract framework. I'm sure an entity like freelancers union will create a base agreement for these sorts of things, if they haven't already.
Radle 10y ago
"since a verbal contract is now illegal" You'd have to check the actual passage, I doubt a verbal contract ist illegal.
skybrian 10y ago
If written contracts are the norm then it makes it harder for people to simply lie and turn it into a he said/she said scenario.
CydeWeys 10y ago
Having written contracts works in the favor of the freelancer, who now have a much stronger leg to stand on when they insist on written contracts from clients. When contracts are nebulous, the one who ends up getting screwed is usually the freelancer, because they're the ones who need to get paid.
krschultz 10y ago
You can get freelancing contracts without hiring a lawyer. The freelancers union (the site linked here) has one such example.
thaumaturgy 10y ago
You really need to watch this (very famous) talk by Mike Monteiro, called "Fuck You, Pay Me": https://www.youtube.com/watch?v=jVkLVRt6c1U https://www.youtube.com/watch?v=jVkLVRt6c1U Especially the section where his attorney starts talking (at about 7:20).
pm 10y ago
I'm Australian, the law may be different over in the US. Usually you want a contract to specify IP rights. You own the work you author, whether you're paid for it or not, unless you specifically transfer ownership of the IP in the contract. If you're a programmer, you may assign the IP rights of the project code to the client, but only issue a non-exclusive worldwide licence to your utility code. Similarly, if you're a photographer, you still own the actual photograph, but may specify to a client how it's legally able to be reproduced. Plenty examples abound, depending on your line of work. Mostly, I find written contracts are WAY clearer about who gets what and when, and shows the client is at least willing to "trust but verify". I wouldn't do business without them.
- geocar 10y ago
  The law is different in the US. If you "work for hire" (see 17 U.S.C. § 101) an exception is made to the general rule that the person who actually creates a work is the legally recognized author of that work.

by zeveb 10y ago

Spooky23 10y ago

Compared to an industry like construction, or the professions, freelancers have poor protections because they get treated like corporate relationships instead of casual employees. Sounds like this gives the NYC labor standards folks to accept complaints and sanction bad employers. I'm imagine that requiring verbal contracts would be something that you could complain about. Written agreements don't necessarily mean that you need lawyers involved and are always a good idea unless you're getting paid on demand. When I was in a corporate gig as a second level manager, I could sign off of statements of work under $50k with a contract framework. I'm sure an entity like freelancers union will create a base agreement for these sorts of things, if they haven't already.

Radle 10y ago

"since a verbal contract is now illegal" You'd have to check the actual passage, I doubt a verbal contract ist illegal.

skybrian 10y ago

If written contracts are the norm then it makes it harder for people to simply lie and turn it into a he said/she said scenario.

CydeWeys 10y ago

Having written contracts works in the favor of the freelancer, who now have a much stronger leg to stand on when they insist on written contracts from clients. When contracts are nebulous, the one who ends up getting screwed is usually the freelancer, because they're the ones who need to get paid.

krschultz 10y ago

You can get freelancing contracts without hiring a lawyer. The freelancers union (the site linked here) has one such example.

thaumaturgy 10y ago

You really need to watch this (very famous) talk by Mike Monteiro, called "Fuck You, Pay Me": https://www.youtube.com/watch?v=jVkLVRt6c1U https://www.youtube.com/watch?v=jVkLVRt6c1U Especially the section where his attorney starts talking (at about 7:20).

pm 10y ago

I'm Australian, the law may be different over in the US. Usually you want a contract to specify IP rights. You own the work you author, whether you're paid for it or not, unless you specifically transfer ownership of the IP in the contract. If you're a programmer, you may assign the IP rights of the project code to the client, but only issue a non-exclusive worldwide licence to your utility code. Similarly, if you're a photographer, you still own the actual photograph, but may specify to a client how it's legally able to be reproduced. Plenty examples abound, depending on your line of work. Mostly, I find written contracts are WAY clearer about who gets what and when, and shows the client is at least willing to "trust but verify". I wouldn't do business without them.

geocar 10y ago
The law is different in the US. If you "work for hire" (see 17 U.S.C. § 101) an exception is made to the general rule that the person who actually creates a work is the legally recognized author of that work.