Freelance Isn't Free Act: Client Won't Pay Your Invoice? New York Freelancers Now Collect Double
For decades, a stiffed freelancer's options were bad: eat the loss, or spend more than the invoice chasing it. New York's statewide Freelance Isn't Free Act, GBL Article 44-A, effective for contracts entered on or after August 28, 2024, rewrote that math. A prevailing freelancer now recovers the unpaid amount, double damages on top of it, and reasonable attorney fees and costs, with six years to bring the claim. The client who ignored a four thousand dollar invoice is defending a potential five figure exposure while funding both sides' lawyers. The Act's coverage is broad, most independent contractors qualify, with carve outs for attorneys, licensed medical professionals, construction contractors, and commissioned salespeople. Its mechanics are simple: work worth $800 or more requires a written contract; payment is due by the contract date or within thirty days of completing the work; and once you start, the client cannot demand a discount as the price of being paid on time. Two practical notes. First, no written contract does not mean no claim; where you requested a written contract before starting work, the missing contract is itself a violation carrying $250 in statutory damages (that particular claim has a two year window, versus six years for nonpayment), and your invoices, emails, and deliverables prove the engagement. Second, much nonpayment resolves at the demand stage, because the double damages and fee shifting make litigating a losing trade for the hiring party. The letter that cites the statute, computes the exposure, and arrives from counsel is often most of the fight.
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