* § 1410. Definitions. As used in this article, the following terms
shall have the following meanings:

1. "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.

2. "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,
renovate, move, wreck or demolish any bridge, building, highway, road,
railroad, land, tunnel, sewer, drainage or other structure, project,
development, or improvement, or the doing of any part thereof, including
the erection of scaffolding or other structures or works in connection
therewith.

3. "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
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 the
labor law;

(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,
enjoining, 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.

4. "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.

* NB Effective August 28, 2024