Independent Contractors Have Rights
Independent contractors play a vital role in various industries, but their unique status can lead to specific legal challenges and uncertainties. In New York and New Jersey, it’s crucial to be aware of your rights and protections to ensure fair treatment and avoid potential disputes. Here’s a snapshot of key rights and considerations for independent contractors:
- Contractual Clarity: You have the right to a clear, written contract outlining the scope of work, payment terms, and duration of the engagement. For example, New York’s Freelance Isn’t Free Act (FIFA) imposes contract, payment, recordkeeping, and anti-discrimination requirements on companies that hire freelancers.
- Fair Compensation: Ensure that your payment terms comply with agreed-upon rates and that you receive timely compensation for your services. Also clarify in writing who will be providing equipment required for any work and if there will be any reimbursements for anything the contractor needs to purchase for the work.
- Employment Classification: Be aware of how your classification as an independent contractor affects your eligibility for unemployment benefits, workers’ compensation, and other employee protections. In addition, if the company you are contracting with requires you to work certain days/times with the company’s resources and doing work that the company usually does, then you may be misclassified as a contractor and should be an employee instead.
- Non-Discrimination and Anti-Harassment Protections: While independent contractors may not have the same protections as employees, you are still entitled to be free from discrimination and harassment based on race, gender, or other protected characteristics.
- Intellectual Property Rights: Clarify ownership of any intellectual property created during your engagement in writing to avoid future disputes.
Being informed about your rights as an independent contractor in New York and New Jersey is essential for navigating your professional engagements effectively. By understanding these key aspects and ensuring that your agreements are clear and fair, you can protect your interests and maintain a positive working relationship with your clients. Contact D’Andrea Law PLLC for legal assistance today.