New York City is at it again – continuing its quest to be the most employee-friendly jurisdiction in the country. On January 8, 2019, NYC Mayor Bill de Blasio announced proposed legislation that would require private employers to provide employees with mandated paid time off/vacation. If passed by the City Council, the law would be the first of its kind in the nation, requiring employers to provide paid time to use for vacation and other purposes, as opposed to sick leave.

The proposed legislation would apply to all private employers with five or more employees, and would exclude contract employees and freelancers. Under the proposal, paid time off would accrue at a rate of one hour of paid leave for every 30 hours worked, up to a maximum of 10 paid workdays off per year. Employees would become eligible after 120 days of employment. Part-time employees would be eligible for limited paid time off, based on the number of hours worked.

Continue Reading NYC may soon require employers to provide paid vacation

As we previously reported, the New York City “Freelance Isn’t Free” Act (the Act) took effect on May 15, 2017. The Act requires virtually all entities that engage an independent contractor in NYC for $800 or more in services to execute a written agreement with the contractor before work begins.  The Act additionally bars wage theft and retaliation against contractors, and imposes substantial penalties on businesses that fail to comply with its nuanced requirements.

As part of the Act’s implementation, the NYC Department of Consumer Affairs, the agency tasked with enforcing the new law, recently issued rules (the Rules) clarifying the Act’s provisions. Specifically, the Rules:

  • Invalidate contractual provisions that purport to waive or limit an independent contractor’s right to participate in or receive relief from a collective or class action – thereby preventing employers from using collective/class action waivers in independent contractor agreements – or to disclose the terms of the contract at issue to the NYC Office of Labor Standards


Continue Reading NYC Agency Publishes Rules for New Independent Contractor Law