4 ms·
The site itself isn't too clear about the specific benefits of the legislation[1], but the most recent committee report on the legislation is much more enlighte
by joatmon-snoo 10y ago
The site itself isn't too clear about the specific benefits of the legislation[1], but the most recent committee report on the legislation is much more enlightening (the tl;dr being that it introduces powerful remedies for freelancers who are denied their just desserts - I don't understand the emphasis on the contract stuff, but IANAL):
> Any action alleging a violation of section 20-929, unlawful payment practices, would have to be brought within six years after the acts alleged to violate the proposed chapter. A plaintiff who prevails on this cause of action would be awarded double damages, injunctive relief and other such remedies as appropriate. All awards of damages would also include attorney’s fees and costs.
> Any action alleging a violation of section 20-930, retaliation, would have to be brought within six years after the acts alleged to violate the proposed chapter. A plaintiff who prevails on this cause of action would be awarded damages equal to the full value of the contract. All awards of damages would also include attorney’s fees and costs.
> Section 20-934 of the chapter would provide for a civil action for a pattern or practice of violations. Where reasonable cause exists to believe that a hiring party has engaged in a pattern or practice of violations, the Corporation Counsel may commence legal action on behalf of the City in a court of competent jurisdiction. Such an action would be commenced by filing a complaint setting forth the facts relating to the alleged pattern or practice of violations and requesting relief, which could include injunctive relief, civil penalties and any other appropriate relief. The filing of a pattern or practice complaint by the City would not prohibit any complaint or civil action by a freelance worker. Upon a finding that a hiring party has engaged in a pattern or practice of violations, the trier of fact could impose a civil penalty of up to $25,000.
> Section 20-935 would provide additional details about how the proposed chapter would apply and how it would interact with other laws. Subdivision a would provide that, except as otherwise provided by law, any provision of a contract that purports to waive the rights granted by this chapter is void as against public policy. Subdivision b would provide that the provisions of this chapter would supplement and not diminish or replace any other basis of liability or other requirement established by statute or common law. Subdivision c would provide that failure to comply with the provisions of this chapter would not void or impair a contract between a hiring party and freelance worker. Finally, subdivision d would provide that nothing in this chapter shall be construed as providing a determination about the legal classification of any individual as an employee or independent contractor.
[1] http://legistar.council.nyc.gov/LegislationDetail.aspx?ID=2530972&GUID=61F8754B-80AF-493E-895E-D6D17209776E http://legistar.council.nyc.gov/LegislationDetail.aspx?ID=25...
[2] (warning: DOC file) http://legistar.council.nyc.gov/View.ashx?M=F&ID=4746382&GUID=4F62986F-AFE5-4702-9CE1-CA2F40578E4B http://legistar.council.nyc.gov/View.ashx?M=F&ID=4746382&GUI...
- derekeder1 10y agoYou can also view it on Councilmatic: https://nyc.councilmatic.org/legislation/int-1017-2015/ https://nyc.councilmatic.org/legislation/int-1017-2015/ Shows the same info as Legistar including all 33 sponsors and every legislative action taken over the last year.