New York's Freelance Isn't Free Act: What Every Freelance Contract Must Include

New York's Freelance Isn't Free Act requires written contracts for freelance work over $800. Learn what must be in your contract and how to protect yourself.

What Is the Freelance Isn't Free Act?

The New York City Freelance Isn't Free Act (FIFA), effective May 15, 2017 — and subsequently expanded state-wide under the New York Freelance Worker Protection Act (effective August 28, 2023) — gives freelancers powerful legal protections that are among the strongest in the United States.

Who Is Covered?

The state law covers all freelancers in New York State — not just New York City. It applies when:

The hiring party is located in New York, OR
The work is performed in New York
The contract value is $800 or more (either as a single contract or as multiple contracts with the same client within 120 days)

What Must Be in a Freelance Contract Under New York Law?

The law requires written contracts that specify:

Name and mailing address of both parties
An itemized list of services to be provided
The value of the services (total compensation)
The rate and method of compensation
Payment date or mechanism for determining the payment date
Date by which the client must provide the work or information the freelancer needs to begin

Payment Protections

Under the law, clients must:

Pay on the date stated in the contract, OR
If no date is stated, within 30 days of completing the work
Cannot require freelancers to accept less than the contracted amount as a condition of timely payment

Violation of the payment timeline entitles the freelancer to double damages plus attorney's fees.

Anti-Retaliation Provisions

Clients cannot retaliate against freelancers for exercising their rights under the Act. Retaliation includes: refusing to work with the freelancer, threatening negative reviews, or blacklisting.

What Happens If There's No Written Contract?

The lack of a written contract is itself a violation of the law. The freelancer can file a complaint with the relevant agency (New York City Office of Labor Policy & Standards for NYC; the New York State Department of Labor for statewide) and may be entitled to damages.

Generating a New York-Compliant Freelance Contract

TermsDock's Freelance Contract Generator includes all required elements. Select "New York" as governing law to generate a contract that complies with the Freelance Worker Protection Act.