S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6040
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 31, 2023
                                ___________
 
 Introduced   by   M.   of   A.   BRONSON,  CRUZ,  ROZIC,  SIMON,  REYES,
   BICHOTTE HERMELYN, SEAWRIGHT, DICKENS,  HEVESI,  GALLAGHER,  DINOWITZ,
   BURGOS,  KELLES,  MITAYNES,  BURDICK,  GONZALEZ-ROJAS, EPSTEIN, GLICK,
   L. ROSENTHAL -- read once and referred to the Committee 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. The labor law is amended by adding a new section 191-d to read as
 follows:
   § 191-D. PAYMENT OF WAGES FOR FREELANCE WORKERS. 1.  (A) "CONSTRUCTION
 CONTRACTOR"  MEANS  ANY  PERSON,  SOLE  PROPRIETOR, PARTNERSHIP,   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.
   (B) "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.
   (C) "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 EIGHT HUNDRED DOLLARS, EITHER BY ITSELF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04464-01-3
              

 A. 6040                             2
 
 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:
   (I)  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;
   (II)  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,
 ENJOINING,  RESTRAINING, DISBARRING OR OTHERWISE RESTRICTING SUCH PERSON
 IN THE PRACTICES OF LAW;
   (III) ANY PERSON WHO IS A LICENSED MEDICAL PROFESSIONAL; OR
   (IV) ANY PERSON WHO IS A CONSTRUCTION CONTRACTOR.
   (D) "HIRING PARTY" MEANS ANY PERSON WHO RETAINS A FREELANCE WORKER  TO
 PROVIDE ANY SERVICE, OTHER THAN:
   (I) THE UNITED STATES GOVERNMENT;
   (II)  THE STATE OF NEW YORK, INCLUDING ANY OFFICE, DEPARTMENT, AGENCY,
 AUTHORITY OR OTHER BODY OF THE STATE INCLUDING THE LEGISLATURE  AND  THE
 JUDICIARY;
   (III)  A  MUNICIPALITY,  INCLUDING  ANY  OFFICE, DEPARTMENT, AGENCY OR
 OTHER BODY OF A MUNICIPALITY; OR
   (IV) ANY FOREIGN GOVERNMENT.
   2. (A) EXCEPT AS OTHERWISE PROVIDED BY  LAW,  THE  CONTRACTED  COMPEN-
 SATION SHALL BE PAID TO A 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.
   3.  (A)  WHENEVER  A  HIRING PARTY RETAINS THE SERVICES OF A FREELANCE
 WORKER, AS SUCH TERMS ARE DEFINED IN THIS SECTION, 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 ELECTRON-
 ICALLY, 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.
 A. 6040                             3
 
   (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.
   (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.
   3-A.  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.
   4.  NO  HIRING  PARTY,  AS DEFINED IN THIS   SECTION,  SHALL THREATEN,
 INTIMIDATE, DISCIPLINE, HARASS, DENY A WORK OPPORTUNITY TO, OR DISCRIMI-
 NATE AGAINST A  FREELANCE WORKER,  OR TAKE ANY OTHER ACTION THAT  PENAL-
 IZES  A  FREELANCE  WORKER FOR, OR IS REASONABLY LIKELY TO DETER A FREE-
 LANCE WORKER FROM, EXERCISING   OR ATTEMPTING   TO  EXERCISE  ANY  RIGHT
 GUARANTEED  UNDER THIS ARTICLE, OR FROM OBTAINING ANY FUTURE WORK OPPOR-
 TUNITY BECAUSE THE FREELANCE  WORKER  HAS DONE SO.
   5. (A) ANY FREELANCE WORKER OR HIS OR  HER  AUTHORIZED  REPRESENTATIVE
 MAY FILE WITH THE COMMISSIONER A COMPLAINT REGARDING A VIOLATION OF THIS
 ARTICLE FOR AN INVESTIGATION OF SUCH COMPLAINT AND STATEMENT SETTING THE
 APPROPRIATE  REMEDY,  IF  ANY.  THE COMMISSIONER SHALL KEEP THE NAMES OF
 FREELANCE WORKERS WHO ARE THE SUBJECT OF AN  INVESTIGATION  CONFIDENTIAL
 UNTIL SUCH TIME THAT DISCLOSURE IS NECESSARY FOR RESOLUTION OF AN INVES-
 TIGATION  OR  A  COMPLAINT.  FAILURE  OF A HIRING PARTY TO KEEP ADEQUATE
 RECORDS OR PROVIDE A WRITTEN CONTRACT AS REQUIRED UNDER THIS SECTION, IN
 ADDITION TO EXPOSING SUCH HIRING PARTY  TO  PENALTIES  AUTHORIZED  UNDER
 THIS  SECTION,  SHALL NOT OPERATE AS A BAR TO FILING OF A COMPLAINT BY A
 FREELANCE WORKER. IN SUCH A CASE THE HIRING  PARTY  IN  VIOLATION  SHALL
 BEAR  THE  BURDEN  OF  PROVING THAT THE COMPLAINING EMPLOYEE WAS PAID IN
 ACCORDANCE WITH THIS SECTION.
   (B) EACH FREELANCE WORKER WHO FILES A COMPLAINT REGARDING A  VIOLATION
 OF  THIS  ARTICLE OR A RULE OR REGULATION PROMULGATED THEREUNDER,  SHALL
 BE  PROVIDED  WITH  A  WRITTEN  DESCRIPTION  OF   THE ANTICIPATED  PROC-
 ESSING  OF  THE COMPLAINT, INCLUDING   INVESTIGATION,   CASE CONFERENCE,
 POTENTIAL  CIVIL  AND  CRIMINAL  PENALTIES,  AND COLLECTION PROCEDURES.
   (I) 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.
   (II) EACH FREELANCE WORKER AND HIS OR HER  AUTHORIZED   REPRESENTATIVE
 SHALL    BE   NOTIFIED   IN WRITING OF ANY AWARD AND COLLECTION OF CIVIL
 PENALTIES.
   6. THE COMMISSIONER  SHALL  HAVE  THE  FOLLOWING  DUTIES,  POWERS  AND
 AUTHORITY:
   (A) THE COMMISSIONER SHALL INVESTIGATE AND ATTEMPT TO ADJUST EQUITABLY
 CONTROVERSIES  BETWEEN  FREELANCE WORKERS AND HIRING PARTIES RELATING TO
 THIS  ARTICLE.
   (B) THE COMMISSIONER MAY TAKE ASSIGNMENTS OF CLAIMS  FOR  WAGES  UNDER
 THIS  ARTICLE  FROM FREELANCE WORKERS OR THIRD PARTIES IN TRUST FOR SUCH
 FREELANCE WORKERS OR FOR THE BENEFIT OF VARIOUS FUNDS FOR SUCH FREELANCE
 WORKERS. ALL SUCH ASSIGNMENTS SHALL RUN TO THE COMMISSIONER AND  HIS  OR
 HER SUCCESSOR IN OFFICE. THE COMMISSIONER MAY SUE HIRING PARTIES ON WAGE
 CLAIMS THUS ASSIGNED, WITH THE BENEFITS AND SUBJECT TO THE PROVISIONS OF
 A. 6040                             4
 
 EXISTING  LAW APPLYING TO ACTIONS BY FREELANCE WORKERS FOR COLLECTION OF
 WAGES. HE OR SHE MAY JOIN IN A SINGLE ACTION ANY NUMBER OF  WAGE  CLAIMS
 AGAINST THE SAME HIRING PARTY.
   (C)  (I)  THE COMMISSIONER IS HEREBY AUTHORIZED AND EMPOWERED TO ENTER
 INTO RECIPROCAL AGREEMENTS WITH THE LABOR  DEPARTMENT  OR  CORRESPONDING
 AGENCY OF ANY OTHER STATE OR WITH THE PERSON, BOARD, OFFICER, OR COMMIS-
 SION  AUTHORIZED  TO ACT ON BEHALF  OF  SUCH  DEPARTMENT OR  AGENCY, FOR
 THE COLLECTION IN SUCH OTHER STATES OF CLAIMS AND  JUDGMENTS  FOR  WAGES
 BASED UPON CLAIMS ASSIGNED TO THE COMMISSIONER.
   (II) THE COMMISSIONER MAY, TO THE EXTENT PROVIDED  FOR  BY  ANY RECIP-
 ROCAL  AGREEMENT ENTERED INTO BY LAW OR WITH ANY AGENCY OF ANOTHER STATE
 AS HEREIN PROVIDED, MAINTAIN ACTIONS IN THE COURTS OF SUCH  OTHER  STATE
 FOR THE COLLECTION OF CLAIMS AND JUDGMENTS FOR WAGES AND MAY ASSIGN SUCH
 CLAIMS  AND  JUDGMENTS  TO  THE LABOR DEPARTMENT OR AGENCY OF SUCH OTHER
 STATE FOR COLLECTION TO THE  EXTENT  THAT  SUCH  AN  ASSIGNMENT  MAY  BE
 PERMITTED  OR  PROVIDED  FOR  BY THE LAW OF  SUCH STATE OR BY RECIPROCAL
 AGREEMENT.
   (III) THE COMMISSIONER MAY, UPON THE  WRITTEN  CONSENT  OF  THE  LABOR
 DEPARTMENT  OR  OTHER  CORRESPONDING  AGENCY  OF  ANY  OTHER STATE OR OF
 ANY  PERSON,   BOARD, OFFICER, OR COMMISSION OF SUCH STATE AUTHORIZED TO
 ACT  ON  BEHALF  OF   SUCH   LABOR DEPARTMENT OR  CORRESPONDING  AGENCY,
 MAINTAIN  ACTIONS IN   THE COURTS OF THIS STATE UPON ASSIGNED CLAIMS AND
 JUDGMENTS  FOR  WAGES  ARISING  IN  SUCH  OTHER STATE IN THE SAME MANNER
 AND TO THE SAME EXTENT   THAT  SUCH  ACTIONS  BY  THE  COMMISSIONER  ARE
 AUTHORIZED  WHEN  ARISING  IN  THIS  STATE. HOWEVER, SUCH ACTIONS MAY BE
 MAINTAINED  ONLY  IN CASES WHERE   SUCH OTHER STATE BY LAW OR RECIPROCAL
 AGREEMENT EXTENDS A LIKE COMITY TO  CASES ARISING IN THIS STATE.
   (D) NOTHING IN  THIS  SECTION  SHALL   BE   CONSTRUED   AS   REQUIRING
 THE  COMMISSIONER   IN   EVERY  INSTANCE  TO  INVESTIGATE AND ATTEMPT TO
 ADJUST CONTROVERSIES, OR TO TAKE ASSIGNMENTS OF WAGE CLAIMS,   BUT HE OR
 SHE SHALL  BE DEEMED VESTED WITH DISCRETION IN SUCH MATTERS.
   7. (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  THREE  OF  THIS
 SECTION SHALL BE BROUGHT WITHIN TWO YEARS AFTER THE ACTS ALLEGED TO HAVE
 VIOLATED THIS ARTICLE OCCURRED.
   (III)  ANY  ACTION  ALLEGING  A  VIOLATION  OF SUBDIVISION TWO OF THIS
 SECTION OR SUBDIVISION FOUR OF THIS SECTION 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 THREE OF
 THIS SECTION 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
 SUBDIVISION TWO OF THIS SECTION SHALL BE AWARDED DAMAGES AS DESCRIBED IN
 THIS SUBDIVISION AND AN AWARD OF REASONABLE ATTORNEYS' FEES AND COSTS.
   (II) (A) A PLAINTIFF WHO PREVAILS ON A CLAIM ALLEGING A  VIOLATION  OF
 SUBDIVISION  THREE OF THIS SECTION SHALL BE AWARDED STATUTORY DAMAGES OF
 TWO HUNDRED FIFTY DOLLARS.
   (B) A PLAINTIFF WHO PREVAILS ON A CLAIM ALLEGING A VIOLATION  OF  THIS
 SECTION AND ON ONE OR MORE CLAIMS UNDER OTHER PROVISIONS OF THIS ARTICLE
 SHALL  BE AWARDED STATUTORY DAMAGES EQUAL TO THE VALUE OF THE UNDERLYING
 A. 6040                             5
 
 CONTRACT FOR THE VIOLATION 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
 TWO OF THIS SECTION IS ENTITLED TO AN AWARD OF DOUBLE  DAMAGES,  INJUNC-
 TIVE 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  FOUR  OF  THIS SECTION IS ENTITLED TO STATUTORY DAMAGES EQUAL TO
 THE VALUE OF THE UNDERLYING CONTRACT FOR EACH  VIOLATION  ARISING  UNDER
 SUCH SUBDIVISION.
   8. (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 COMPETENT 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 BASED ON THE SAME FACTS AS A CIVIL ACTION COMMENCED BY THE ATTOR-
 NEY GENERAL PURSUANT TO THIS SECTION; OR
   (B) THE COMMISSIONER FROM SENDING A NOTICE OF COMPLAINT, UNLESS OTHER-
 WISE BARRED FROM DOING SO.
   (B)  IN  ANY  CIVIL ACTION COMMENCED PURSUANT TO 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.
   9.  (A)  EXCEPT  AS  OTHERWISE  PROVIDED  BY  LAW,  ANY PROVISION OF A
 CONTRACT PURPORTING TO WAIVE  RIGHTS  UNDER  THIS  SECTION  IS  VOID  AS
 AGAINST PUBLIC POLICY.
   (B)  THE PROVISIONS OF THIS SECTION 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 SECTION 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 SECTION 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.
   10. THE DEPARTMENT SHALL CONDUCT A PUBLIC AWARENESS OUTREACH CAMPAIGN,
 WHICH SHALL INCLUDE MAKING INFORMATION AVAILABLE ON ITS WEBSITE,  OTHER-
 WISE  INFORMING  HIRING  PARTIES  OF THE PROVISIONS OF THIS SECTION, AND
 ESTABLISHING A MEANS FOR ASSISTANCE BY A NATURAL  PERSON  THROUGH  PHONE
 AND E-MAIL.
   11.    (A)  NO LATER THAN SIX MONTHS AFTER THE COMMISSIONER SENDS TO A
 FREELANCE WORKER EITHER A HIRING PARTY'S RESPONSE AND ACCOMPANYING MATE-
 RIALS OR A NOTICE OF NON-RESPONSE PURSUANT TO SECTION ONE HUNDRED  NINE-
 TY-SIX-A  OF  THIS  ARTICLE,  THE  COMMISSIONER SHALL SEND THE FREELANCE
 WORKER A SURVEY REQUESTING ADDITIONAL INFORMATION 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
 A. 6040                             6
 
 ALTERNATIVE  DISPUTE  RESOLUTION  PROCESS  AND WHETHER OR NOT THE HIRING
 PARTY ULTIMATELY PAID ANY OR ALL OF THE COMPENSATION THE FREELANCE WORK-
 ER ALLEGED WAS DUE OR IF THE MATTER WAS RESOLVED IN A DIFFERENT  MANNER.
 SUCH  SURVEY  SHALL  STATE CLEARLY THAT RESPONSE TO THE SURVEY IS VOLUN-
 TARY.
   (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
 ARTICLE;
   (II) THE FREELANCE WORKER'S OCCUPATION;
   (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 THIS SECTION.
   § 3. 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.
   § 4. 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 addi-
 tion, 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.