S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9368
 
                           I N  A S S E M B L Y
 
                             February 23, 2022
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Labor
 
 AN ACT to amend the labor law, in relation to  enacting  the  "freelance
   isn't free act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "freelance isn't free act".
   § 2. Section 190 of the labor law is amended by adding four new subdi-
 visions 10, 11, 12 and 13 to read as follows:
   10. "CONSTRUCTION CONTRACTOR" MEANS ANY PERSON, SOLE PROPRIETOR, PART-
 NERSHIP,  FIRM,  CORPORATION,  LIMITED LIABILITY COMPANY, ASSOCIATION OR
 OTHER LEGAL ENTITY WHO BY ONESELF OR THROUGH OTHERS OFFERS TO UNDERTAKE,
 OR HOLDS ONESELF  OUT AS BEING ABLE TO UNDERTAKE,  OR  DOES UNDERTAKE  A
 CONSTRUCTION PROJECT.
   11. "CONSTRUCTION  PROJECT"  MEANS  THE  PROVIDING  OF  ANY  LABOR  OR
 SERVICES, AND THE USE OF ANY MATERIALS OR EQUIPMENT IN ORDER  TO  ALTER,
 BUILD, EXCAVATE, ADD TO, SUBTRACT FROM, IMPROVE, REPAIR, MAINTAIN, RENO-
 VATE, MOVE, WRECK OR DEMOLISH ANY BRIDGE, BUILDING, HIGHWAY, ROAD, RAIL-
 ROAD,  LAND, TUNNEL, SEWER, DRAINAGE OR OTHER STRUCTURE, PROJECT, DEVEL-
 OPMENT,  OR IMPROVEMENT, OR THE DOING OF ANY PART THEREOF, INCLUDING THE
 ERECTION OF SCAFFOLDING OR OTHER STRUCTURES OR WORKS IN CONNECTION THER-
 EWITH.
   12. "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 TWO HUNDRED FIFTY 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 SECTION ONE HUNDRED NINETY-ONE-A OF THIS
 ARTICLE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13843-08-2
 A. 9368                             2
 
   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, ENJOIN-
 ING, 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.
   13.  "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.
   §  3. Section 191 of the labor law is amended by adding a new subdivi-
 sion 4 to read as follows:
   4. A. EXCEPT AS OTHERWISE PROVIDED BY LAW, THE CONTRACTED COMPENSATION
 SHALL BE PAID TO THE FREELANCE WORKER EITHER:
   (I) ON OR BEFORE THE DATE SUCH COMPENSATION IS DUE UNDER THE TERMS  OF
 THE CONTRACT; OR
   (II)  IF  THE CONTRACT DOES NOT SPECIFY WHEN THE HIRING PARTY MUST PAY
 THE CONTRACTED COMPENSATION OR THE MECHANISM BY WHICH SUCH DATE WILL  BE
 DETERMINED,  NO LATER THAN THIRTY DAYS AFTER THE COMPLETION OF THE FREE-
 LANCE WORKER'S SERVICES UNDER THE CONTRACT.
   B. ONCE A FREELANCE WORKER HAS COMMENCED PERFORMANCE OF  THE  SERVICES
 UNDER THE CONTRACT, THE HIRING PARTY SHALL NOT REQUIRE AS A CONDITION OF
 TIMELY  PAYMENT  THAT THE FREELANCE WORKER ACCEPT LESS COMPENSATION THAN
 THE AMOUNT OF THE CONTRACTED COMPENSATION.
   § 4. Section 195 of the labor law is amended by adding a new  subdivi-
 sion 7 to read as follows:
   7.  (A)  WHENEVER  A  HIRING PARTY RETAINS THE SERVICES OF A FREELANCE
 WORKER, AS SUCH TERMS ARE DEFINED IN SECTION ONE HUNDRED NINETY OF  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.
   (B) THE WRITTEN CONTRACT SHALL INCLUDE, AT A  MINIMUM,  THE  FOLLOWING
 INFORMATION:
   (I)  THE  NAME  AND  MAILING  ADDRESS OF BOTH THE HIRING PARTY AND THE
 FREELANCE WORKER;
   (II) 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;
   (III) THE DATE ON WHICH THE  HIRING  PARTY  MUST  PAY  THE  CONTRACTED
 COMPENSATION OR THE MECHANISM BY WHICH SUCH DATE WILL BE DETERMINED; AND
   (IV)  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 SUBPARAGRAPH (III) OF THIS PARAGRAPH.
   (C)  THE  COMMISSIONER  MAY BY RULE REQUIRE ADDITIONAL TERMS TO ENSURE
 THAT THE FREELANCE WORKER AND THE HIRING PARTY  UNDERSTAND  THEIR  OBLI-
 GATIONS UNDER THE CONTRACT.
 A. 9368                             3
 
   (D)  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  COMMISSIONER  UPON  REQUEST.  THE  FAILURE OF A HIRING PARTY TO
 PRODUCE SUCH CONTRACT, UPON REQUEST OF THE COMMISSIONER, SHALL GIVE RISE
 TO  A PRESUMPTION THAT THE TERMS THAT THE FREELANCE WORKER HAS PRESENTED
 ARE THE AGREED UPON TERMS.
   § 5. Subdivision 1 of section 196 of  the  labor  law  is  amended  by
 adding a new paragraph f to read as follows:
   F.  THE COMMISSIONER SHALL HAVE THE SAME DUTIES, POWERS, AND AUTHORITY
 DESCRIBED IN THIS SECTION FOR FREELANCE WORKERS AND HIRING  PARTIES,  AS
 DEFINED IN SECTION ONE HUNDRED NINETY OF THIS ARTICLE. IN THE EVENT THAT
 THE  COMMISSIONER  SHALL  SUE  A  HIRING PARTY FOR WAGES DUE A FREELANCE
 WORKER, PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION,  HE  OR  SHE  SHALL
 PROVIDE  SUCH  FREELANCE WORKER WITH A WRITTEN DESCRIPTION OF THE ANTIC-
 IPATED PROCESSING OF SUCH CLAIM, INCLUDING INVESTIGATION,  CASE  CONFER-
 ENCE, POTENTIAL CIVIL AND CRIMINAL PENALTIES, AND COLLECTION PROCEDURES.
 EACH  FREELANCE WORKER AND HIS OR HER AUTHORIZED REPRESENTATIVE SHALL BE
 NOTIFIED IN WRITING OF ANY CASE CONFERENCE BEFORE IT IS HELD  AND  GIVEN
 THE  OPPORTUNITY TO ATTEND. EACH FREELANCE WORKER AND HIS OR HER AUTHOR-
 IZED REPRESENTATIVE SHALL ALSO BE NOTIFIED IN WRITING OF ANY  AWARD  AND
 COLLECTION  OF BACK WAGES AND CIVIL PENALTIES, AND OF ANY INTENT TO SEEK
 CRIMINAL PENALTIES. IN THE EVENT THAT CRIMINAL PENALTIES ARE SOUGHT  THE
 FREELANCE WORKER AND HIS OR HER AUTHORIZED REPRESENTATIVE SHALL BE NOTI-
 FIED OF THE OUTCOME OF PROSECUTION.
   §  6.  Subdivision  2  of  section 196 of the labor law, as amended by
 chapter 564 of the laws of 2010, is amended to read as follows:
   2. Nothing in this section shall be construed as requiring the commis-
 sioner in every instance to investigate and attempt to adjust controver-
 sies, or to take assignments of wage claims, or  to  institute  criminal
 prosecutions  for  any  violation  under  this  article or article five,
 seven, nineteen or nineteen-A of this chapter, but he or  she  shall  be
 deemed  vested  with discretion in such matters.  THIS SUBDIVISION SHALL
 NOT APPLY, HOWEVER, TO FREELANCE WORKERS FILING A COMPLAINT PURSUANT  TO
 SECTION  ONE  HUNDRED  NINETY-SIX-A  OF  THIS ARTICLE, IN WHICH CASE THE
 COMMISSIONER SHALL BE REQUIRED TO INVESTIGATE SUCH COMPLAINT PURSUANT TO
 SUCH SECTION.
   § 7. Section 196-a of the labor law is amended by adding a new  subdi-
 vision (c) to read as follows:
   (C)(I)  A  FREELANCE  WORKER  WHO  IS AGGRIEVED BY A VIOLATION OF THIS
 ARTICLE MAY FILE A COMPLAINT WITH  THE  COMMISSIONER  WITHIN  TWO  YEARS
 AFTER  THE  ACTS  ALLEGED  TO  HAVE  VIOLATED THIS ARTICLE OCCURRED. THE
 COMMISSIONER SHALL PRESCRIBE THE FORM  OF  THE  COMPLAINT,  WHICH  SHALL
 INCLUDE, AT A MINIMUM:
   (A)  THE  NAME  AND MAILING ADDRESS OF THE FREELANCE WORKER AND OF THE
 HIRING PARTY ALLEGED TO HAVE VIOLATED THIS ARTICLE;
   (B) A STATEMENT DETAILING THE TERMS OF THE FREELANCE CONTRACT, INCLUD-
 ING A COPY OF SUCH CONTRACT IF AVAILABLE;
   (C) THE FREELANCE WORKER'S OCCUPATION;
   (D) A STATEMENT DETAILING THE ALLEGED VIOLATIONS OF THIS ARTICLE; AND
   (E) A SIGNED AFFIRMATION THAT ALL FACTS ALLEGED IN THE  COMPLAINT  ARE
 TRUE.
   (II)  AT  THE  TIME  THE  COMMISSIONER RECEIVES A COMPLAINT ALLEGING A
 VIOLATION OF THIS ARTICLE, THE COMMISSIONER SHALL  REFER  THE  FREELANCE
 WORKER  TO  THE  NAVIGATION  PROGRAM  IDENTIFIED  IN  SUBDIVISION TWO OF
 SECTION ONE HUNDRED NINETY-NINE-B OF THIS ARTICLE.
 A. 9368                             4
 
   (III) WITHIN TWENTY DAYS OF RECEIVING A COMPLAINT ALLEGING A VIOLATION
 OF THIS ARTICLE, THE COMMISSIONER SHALL SEND THE HIRING PARTY  NAMED  IN
 THE  COMPLAINT  A  WRITTEN NOTICE OF COMPLAINT. SUCH NOTICE SHALL INFORM
 THE HIRING PARTY THAT A COMPLAINT HAS BEEN FILED ALLEGING VIOLATIONS  OF
 THIS  ARTICLE,  DETAIL  THE REMEDIES AVAILABLE TO A FREELANCE WORKER FOR
 VIOLATIONS OF THIS ARTICLE BY A HIRING PARTY, AND INCLUDE A COPY OF  THE
 COMPLAINT  AND NOTICE THAT FAILURE TO RESPOND TO THE COMPLAINT CREATES A
 REBUTTABLE PRESUMPTION IN ANY CIVIL ACTION COMMENCED  PURSUANT  TO  THIS
 ARTICLE  THAT  THE  HIRING PARTY COMMITTED THE VIOLATIONS ALLEGED IN THE
 COMPLAINT. THE COMMISSIONER SHALL SEND SUCH NOTICE BY CERTIFIED MAIL AND
 SHALL BEAR THE COST OF SENDING SUCH NOTICE.
   (IV) (A) WITHIN TWENTY DAYS OF RECEIVING THE NOTICE OF COMPLAINT,  THE
 HIRING PARTY IDENTIFIED IN THE COMPLAINT SHALL SEND THE COMMISSIONER ONE
 OF THE FOLLOWING:
   (1)  A  WRITTEN  STATEMENT  THAT THE FREELANCE WORKER HAS BEEN PAID IN
 FULL AND PROOF OF SUCH PAYMENT; OR
   (2) A WRITTEN STATEMENT THAT THE FREELANCE WORKER HAS NOT BEEN PAID IN
 FULL AND THE REASONS FOR THE FAILURE TO PROVIDE SUCH PAYMENT.
   (B) WITHIN TWENTY DAYS OF RECEIVING THE WRITTEN RESPONSE, THE  COMMIS-
 SIONER SHALL SEND THE FREELANCE WORKER A COPY OF:
   (1) THE RESPONSE;
   (2) ANY ENCLOSURES SUBMITTED TO THE COMMISSIONER WITH THE RESPONSE;
   (3)  MATERIALS INFORMING THE FREELANCE WORKER THAT HE OR SHE MAY BRING
 AN ACTION IN A COURT OF COMPETENT JURISDICTION;
   (4) ANY OTHER INFORMATION ABOUT THE STATUS OF THE COMPLAINT; AND
   (5) INFORMATION ABOUT THE NAVIGATION PROGRAM DESCRIBED IN  SUBDIVISION
 TWO OF SECTION ONE HUNDRED NINETY-NINE-B OF THIS ARTICLE.
   (C)  IF  THE  COMMISSIONER  RECEIVES  NO  RESPONSE  TO  THE  NOTICE OF
 COMPLAINT WITHIN THE TIME PROVIDED BY THIS SUBDIVISION, THE COMMISSIONER
 SHALL MAIL A NOTICE OF NON-RESPONSE TO BOTH THE FREELANCE WORKER AND THE
 HIRING PARTY BY REGULAR MAIL AND SHALL INCLUDE WITH  SUCH  NOTICE  PROOF
 THAT  THE  COMMISSIONER PREVIOUSLY MAILED THE NOTICE OF COMPLAINT TO THE
 HIRING PARTY BY CERTIFIED MAIL. UPON SATISFYING THE REQUIREMENTS OF THIS
 PARAGRAPH, THE COMMISSIONER MAY CLOSE THE CASE.
   § 8. Section 198 of the labor law is amended by adding a new  subdivi-
 sion 5 to read as follows:
   5.(A)  (I) A FREELANCE WORKER ALLEGING A VIOLATION OF THIS ARTICLE MAY
 BRING AN ACTION IN ANY COURT OF COMPETENT JURISDICTION FOR DAMAGES.
   (II) ANY ACTION ALLEGING A VIOLATION OF SUBDIVISION SEVEN  OF  SECTION
 ONE  HUNDRED  NINETY-FIVE  OF  THIS  ARTICLE SHALL BE BROUGHT WITHIN TWO
 YEARS AFTER THE ACTS ALLEGED TO HAVE VIOLATED THIS ARTICLE OCCURRED.
   (III) ANY ACTION ALLEGING A VIOLATION OF SUBDIVISION FOUR  OF  SECTION
 ONE  HUNDRED  NINETY-ONE OR SUBDIVISION ONE OF SECTION ONE HUNDRED NINE-
 TY-NINE-B OF THIS ARTICLE SHALL BE BROUGHT WITHIN SIX  YEARS  AFTER  THE
 ACTS ALLEGED TO HAVE VIOLATED THIS ARTICLE OCCURRED.
   (IV) WITHIN TEN DAYS AFTER HAVING COMMENCED A CIVIL ACTION PURSUANT TO
 THIS  SUBDIVISION,  A PLAINTIFF SHALL SERVE A COPY OF THE COMPLAINT UPON
 AN AUTHORIZED REPRESENTATIVE OF THE COMMISSIONER. FAILURE TO SO SERVE  A
 COMPLAINT DOES NOT ADVERSELY AFFECT ANY PLAINTIFF'S CAUSE OF ACTION.
   (V) A PLAINTIFF WHO SOLELY ALLEGES A VIOLATION OF SUBDIVISION SEVEN OF
 SECTION  ONE  HUNDRED  NINETY-FIVE  OF THIS ARTICLE MUST PROVE THAT SUCH
 PLAINTIFF REQUESTED A WRITTEN CONTRACT BEFORE THE CONTRACTED WORK BEGAN.
   (B) (I) A PLAINTIFF WHO PREVAILS ON A CLAIM ALLEGING  A  VIOLATION  OF
 THIS  ARTICLE  SHALL BE AWARDED DAMAGES AS DESCRIBED IN THIS SUBDIVISION
 AND AN AWARD OF REASONABLE ATTORNEYS' FEES AND COSTS.
 A. 9368                             5
 
   (II) (A) A PLAINTIFF WHO PREVAILS ON A CLAIM ALLEGING A  VIOLATION  OF
 SUBDIVISION  SEVEN  OF  SECTION  ONE HUNDRED NINETY-FIVE OF THIS ARTICLE
 SHALL BE AWARDED STATUTORY DAMAGES OF TWO HUNDRED FIFTY DOLLARS.
   (B) A PLAINTIFF WHO PREVAILS ON A CLAIM ALLEGING A VIOLATION OF SUBDI-
 VISION  SEVEN  OF SECTION ONE HUNDRED NINETY-FIVE OF THIS ARTICLE AND ON
 ONE OR MORE CLAIMS UNDER OTHER  PROVISIONS  OF  THIS  ARTICLE  SHALL  BE
 AWARDED  STATUTORY DAMAGES EQUAL TO THE VALUE OF THE UNDERLYING CONTRACT
 FOR THE VIOLATION OF SUCH SUBDIVISION SEVEN IN ADDITION TO THE  REMEDIES
 SPECIFIED IN THIS ARTICLE FOR SUCH OTHER VIOLATIONS.
   (III) IN ADDITION TO OTHER DAMAGES AWARDED PURSUANT TO THIS ARTICLE, A
 PLAINTIFF  WHO  PREVAILS  ON A CLAIM ALLEGING A VIOLATION OF SUBDIVISION
 FOUR OF SECTION ONE HUNDRED NINETY-ONE OF THIS ARTICLE IS ENTITLED TO AN
 AWARD OF DOUBLE DAMAGES, INJUNCTIVE RELIEF, AND OTHER SUCH  REMEDIES  AS
 MAY BE APPROPRIATE.
   (IV)  IN  ADDITION TO ANY OTHER DAMAGES AWARDED PURSUANT TO THIS ARTI-
 CLE, A PLAINTIFF WHO PREVAILS ON A CLAIM ALLEGING A VIOLATION OF  SUBDI-
 VISION ONE OF SECTION ONE HUNDRED NINETY-NINE-B OF THIS ARTICLE IS ENTI-
 TLED  TO STATUTORY DAMAGES EQUAL TO THE VALUE OF THE UNDERLYING CONTRACT
 FOR EACH VIOLATION ARISING UNDER SUCH SUBDIVISION.
   § 9. The labor law is amended by adding a new section 199-b to read as
 follows:
   § 199-B. ADDITIONAL POWERS AND RESPONSIBILITIES RELATING TO  FREELANCE
 WORKERS.   1.   RETALIATION.  NO HIRING PARTY, AS DEFINED IN SECTION ONE
 HUNDRED NINETY OF 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.
   2. NAVIGATION PROGRAM. (A) THE COMMISSIONER SHALL ESTABLISH A  NAVIGA-
 TION  PROGRAM  THAT PROVIDES INFORMATION AND ASSISTANCE, AS SET FORTH IN
 SUBDIVISION (C) OF SECTION ONE HUNDRED  NINETY-SIX-A  OF  THIS  ARTICLE,
 RELATING  TO  THE PROVISIONS OF THIS ARTICLE. SUCH PROGRAM SHALL INCLUDE
 ASSISTANCE BY A NATURAL PERSON  BY  PHONE  AND  E-MAIL  AND  SHALL  ALSO
 INCLUDE ONLINE INFORMATION.
   (B)  THE  COMMISSIONER    SHALL  MAKE AVAILABLE MODEL CONTRACTS ON THE
 WEBSITE OF THE  DEPARTMENT 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.
   (C) THE NAVIGATION PROGRAM SHALL PROVIDE THE FOLLOWING:
   (I)  GENERAL  COURT INFORMATION AND INFORMATION ABOUT PROCEDURES UNDER
 THIS ARTICLE;
   (II) INFORMATION ABOUT AVAILABLE TEMPLATES AND RELEVANT COURT FORMS;
   (III) GENERAL INFORMATION ABOUT CLASSIFYING PERSONS  AS  EMPLOYEES  OR
 INDEPENDENT CONTRACTORS;
   (IV)   INFORMATION  ABOUT  OBTAINING  TRANSLATION  AND  INTERPRETATION
 SERVICES AND OTHER COURTROOM SERVICES;
   (V) A LIST OF ORGANIZATIONS THAT CAN BE USED FOR THE IDENTIFICATION OF
 ATTORNEYS; AND
   (VI) OTHER INFORMATION, AS DETERMINED BY THE COMMISSIONER, RELATED  TO
 THE  SUBMISSION OF A COMPLAINT BY A FREELANCE WORKER OR THE COMMENCEMENT
 OF A CIVIL ACTION PURSUANT TO THIS ARTICLE BY A FREELANCE WORKER.
   (D) THE NAVIGATION PROGRAM SHALL INCLUDE OUTREACH AND EDUCATION TO THE
 PUBLIC ON THE PROVISIONS OF THIS ARTICLE.
 A. 9368                             6
 
   (E) THE NAVIGATION PROGRAM SHALL NOT PROVIDE LEGAL ADVICE.
   3.  CIVIL  ACTION  FOR PATTERN OR PRACTICE OF VIOLATIONS. (A)(I) WHERE
 REASONABLE CAUSE EXISTS TO BELIEVE THAT A HIRING PARTY IS ENGAGED  IN  A
 PATTERN  OR PRACTICE OF VIOLATIONS OF THIS ARTICLE, THE ATTORNEY GENERAL
 MAY COMMENCE A CIVIL ACTION ON BEHALF OF THE STATE IN A COURT OF  COMPE-
 TENT JURISDICTION.
   (II) AN ACTION PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL BE
 COMMENCED  BY  FILING  A  COMPLAINT SETTING FORTH FACTS RELATING TO SUCH
 PATTERN OR PRACTICE AND REQUESTING RELIEF, WHICH MAY INCLUDE  INJUNCTIVE
 RELIEF, CIVIL PENALTIES, AND ANY OTHER APPROPRIATE RELIEF.
   (III) NOTHING IN THIS PARAGRAPH PROHIBITS:
   (A)  A PERSON ALLEGING A VIOLATION OF THIS ARTICLE FROM FILING A CIVIL
 ACTION PURSUANT TO SECTION ONE  HUNDRED  NINETY-EIGHT  OF  THIS  ARTICLE
 BASED  ON  THE  SAME  FACTS  AS A CIVIL ACTION COMMENCED BY THE ATTORNEY
 GENERAL PURSUANT TO THIS SECTION; OR
   (B) THE COMMISSIONER FROM SENDING A NOTICE OF  COMPLAINT  PURSUANT  TO
 SECTION  ONE  HUNDRED  NINETY-SIX-A  OF  THIS  ARTICLE, UNLESS OTHERWISE
 BARRED FROM DOING SO.
   (B) IN ANY CIVIL ACTION COMMENCED PURSUANT TO PARAGRAPH  (A)  OF  THIS
 SUBDIVISION,  THE  TRIER  OF FACT MAY IMPOSE A CIVIL PENALTY OF NOT MORE
 THAN TWENTY-FIVE THOUSAND DOLLARS FOR A FINDING THAT A HIRING PARTY  HAS
 ENGAGED  IN  A  PATTERN  OR  PRACTICE OF VIOLATIONS OF THIS ARTICLE. ANY
 CIVIL PENALTY SO RECOVERED SHALL BE PAID INTO THE GENERAL FUND.
   4. APPLICATION; WAIVER; EFFECT ON OTHER LAWS. (A) EXCEPT AS  OTHERWISE
 PROVIDED  BY LAW, ANY PROVISION OF A CONTRACT PURPORTING TO WAIVE RIGHTS
 UNDER THIS ARTICLE IS VOID AS AGAINST PUBLIC POLICY.
   (B) THE PROVISIONS OF THIS ARTICLE SUPPLEMENT, AND DO NOT DIMINISH  OR
 REPLACE,  ANY  OTHER  BASIS  OF  LIABILITY OR REQUIREMENT ESTABLISHED BY
 STATUTE OR COMMON LAW.
   (C) FAILURE TO COMPLY WITH THE PROVISIONS OF  THIS  ARTICLE  DOES  NOT
 RENDER  ANY  CONTRACT BETWEEN A HIRING PARTY AND A FREELANCE WORKER VOID
 OR VOIDABLE OR OTHERWISE IMPAIR ANY OBLIGATION, CLAIM OR  RIGHT  RELATED
 TO  SUCH CONTRACT OR CONSTITUTE A DEFENSE TO ANY ACTION OR PROCEEDING TO
 ENFORCE, OR FOR BREACH OF, SUCH CONTRACT.
   (D) NO PROVISION OF THIS ARTICLE RELATING TO FREELANCE  WORKERS  SHALL
 BE CONSTRUED AS PROVIDING A DETERMINATION ABOUT THE LEGAL CLASSIFICATION
 OF ANY SUCH WORKER AS AN EMPLOYEE OR INDEPENDENT CONTRACTOR.
   5.  DATA COLLECTION AND REPORTING.  (A) NO LATER THAN SIX MONTHS AFTER
 THE COMMISSIONER SENDS TO A FREELANCE WORKER  EITHER  A  HIRING  PARTY'S
 RESPONSE AND ACCOMPANYING MATERIALS OR A NOTICE OF NON-RESPONSE PURSUANT
 TO  SECTION  ONE  HUNDRED NINETY-SIX-A OF THIS ARTICLE, THE COMMISSIONER
 SHALL SEND THE FREELANCE WORKER A SURVEY REQUESTING ADDITIONAL  INFORMA-
 TION  ABOUT THE RESOLUTION OF THE FREELANCE WORKER'S CLAIMS. SUCH SURVEY
 SHALL ASK WHETHER OR NOT THE FREELANCE WORKER PURSUED ANY SUCH CLAIMS IN
 COURT OR THROUGH AN ALTERNATIVE DISPUTE RESOLUTION PROCESS  AND  WHETHER
 OR  NOT  THE HIRING PARTY ULTIMATELY PAID ANY OR ALL OF THE COMPENSATION
 THE FREELANCE WORKER ALLEGED WAS DUE OR IF THE MATTER WAS RESOLVED IN  A
 DIFFERENT  MANNER.  SUCH SURVEY SHALL STATE CLEARLY THAT RESPONSE TO THE
 SURVEY IS VOLUNTARY.
   (B)  THE  COMMISSIONER  SHALL  COLLECT  AND  TRACK  INFORMATION  ABOUT
 COMPLAINTS   ALLEGING   VIOLATIONS  OF  THIS  ARTICLE.  THE  INFORMATION
 COLLECTED SHALL INCLUDE, AT MINIMUM:
   (I) THE IDENTITY OF THE HIRING PARTY ALLEGED  TO  HAVE  VIOLATED  THIS
 CHAPTER;
   (II) THE FREELANCE WORKER'S OCCUPATION;
 A. 9368                             7
 
   (III)  THE  SECTION  OF  THIS  ARTICLE  THAT  WAS ALLEGED TO HAVE BEEN
 VIOLATED;
   (IV) THE VALUE OF THE CONTRACT;
   (V) THE RESPONSE OR NON-RESPONSE FROM THE HIRING PARTY; AND
   (VI)  INFORMATION  FROM A COMPLETED SURVEY IDENTIFIED IN PARAGRAPH (A)
 OF THIS SUBDIVISION.
   (C) ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, AND EVERY FIFTH
 YEAR THEREAFTER BY NOVEMBER FIRST, THE COMMISSIONER SHALL SUBMIT TO  THE
 LEGISLATURE AND PUBLISH ON ITS WEBSITE A REPORT REGARDING THE EFFECTIVE-
 NESS OF THE APPLICABLE PROVISIONS OF THIS ARTICLE AT IMPROVING FREELANCE
 CONTRACTING  AND  PAYMENT  PRACTICES.    SUCH REPORT SHALL INCLUDE, AT A
 MINIMUM:
   (I) THE NUMBER OF COMPLAINTS THE COMMISSIONER HAS RECEIVED PURSUANT TO
 SUCH PROVISIONS;
   (II) THE VALUE OF THE CONTRACTS  DISAGGREGATED  INTO  RANGES  OF  FIVE
 HUNDRED  DOLLARS  AND  BY  SECTION  OF THIS ARTICLE ALLEGED TO HAVE BEEN
 VIOLATED;
   (III) THE NUMBERS OF  RESPONSES  AND  NON-RESPONSES  RECEIVED  BY  THE
 COMMISSIONER DISAGGREGATED BY CONTRACT VALUE INTO RANGES OF FIVE HUNDRED
 DOLLARS AND BY SECTION OF THIS ARTICLE ALLEGED TO HAVE BEEN VIOLATED;
   (IV)  THE  PROPORTION  OF SURVEYS RECEIVED FROM FREELANCE WORKERS THAT
 INDICATE THAT THEY PURSUED THEIR CLAIMS IN COURT AND THE  PROPORTION  OF
 SURVEYS  RECEIVED FROM FREELANCE WORKERS THAT INDICATE THAT THEY PURSUED
 THEIR CLAIMS THROUGH AN ALTERNATIVE DISPUTE  RESOLUTION  PROCESS  AND  A
 SUMMARY OF THE OUTCOMES OF SUCH CASES; AND
   (V)  LEGISLATIVE  RECOMMENDATIONS,  INCLUDING CONSIDERATION OF WHETHER
 CERTAIN OCCUPATIONS SHOULD BE EXEMPTED FROM THE SCOPE OF THE  DEFINITION
 OF FREELANCE WORKER IN SECTION ONE HUNDRED NINETY OF THIS ARTICLE.
   § 10. The provisions of this act shall not be construed or interpreted
 to  override or supplant any of the provisions of chapter 10 of title 20
 of the administrative code of the city of New York.
   § 11. This act shall take effect on  the  one  hundred  eightieth  day
 after  it  shall  have  become  a  law and shall apply only to contracts
 entered into on or after such effective date. Effective immediately, the
 addition, amendment and/or repeal of any rules or regulations  necessary
 for  the implementation of this act on its effective date are authorized
 to be made on or before such effective date.