New York Employment Law Attorneys Supporting Freelance and Contract Employees During Disputes

Understanding your rights in a unique employment arrangement

More than ever before, today’s employers turn to contract employees and freelancers for support handling many facets of their businesses. For many individuals, the contract or freelance arrangement is a fulfilling and rewarding one. For others, the lack of stability and benefits imposes a good deal of stress. In either case, understanding the interplay between the two parties and the rights each are offered is important. With more than 70 years of combined legal experience, the New York employment lawyers at Hepworth, Gershbaum & Roth, PLLC have the insight needed to help you understand the differences between a contractual relationship and full-time employment.

What is a contract employee?

Contract employees are individuals who provide services or goods to a company without a full-time employment agreement. Contractors may be hired directly, or through a contract agency. In the case of agency involvement, the employee is paid by the agency, rather than the business they work for. The agency is responsible for all matters relating to the individual’s employment, including time-keeping and benefits.

Contract employees may be hired for short-term projects, seasonal work or as a temporary replacement for a full-time employee.

Who is considered a freelance employee?

The definition of a freelance employee or independent contractor is vague at best. However, the New York State Department of Labor defines a freelance employee as any individual who:

• Provides a good or service without full-time employment

• Utilizes the facilities or equipment of the employer

• Does not receive a salary paid by the employer

• Are generally free from direct supervision and direction

• Maintain their own private business while offering services to the general public

• Waives the rights and benefits offered to an employee

These factors, among others, often signify a freelance or independent contractor relationship between the service provider and the employer.

What employment law rights do contractors and freelancers have?

Contract and freelance employees have many of the same rights as full-time employees, including the right to regular payment, a safe working environment and rest breaks. Such employees are also protected from discrimination based on any protected class, such as gender, religion, race or sexual orientation. Unlike a full-time employee, however, contractors and freelancers are not generally offered benefits, nor do they have the right to seek unemployment from the employer following the termination of the relationship. In many cases, contract and freelance employees face additional hurdles when attempting to bring action against an employer for mistreatment, making it important to discuss these issues with an experienced New York employment law attorney.

Schedule a free consultation with one of our acclaimed New York employment law attorneys to learn more about your rights as a contractor or freelancer

Many contract and freelance relationships run smoothly for both parties. When issues arise, however, it is important to understand your rights to seek resolution. At Hepworth, Gershbaum & Roth, PLLC our New York employment lawyers support contract and freelance employees involved in a wide range of employment disputes. To schedule a free consultation to discuss your specific legal needs during a free consultation, contact us online or call 212-545-1199 today.