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S5026

Freelance Isn't Free Act - an act to amend the Labor Law — 2023-06-01 · Calendar #1031

The New York State Senate passed the Freelance Isn't Free Act (S5026) on a 43-15 vote, extending payment protections to the state's growing freelance workforce. Sponsored by Sen. Gounardes, the bill mandates written contracts for freelance workers, establishes a 30-day payment standard, prohibits clients from requiring reduced upfront payments with promises of later full payment, and bars retaliation against freelancers pursuing payment claims. Gounardes cited statistics showing more than one-third of the workforce comprises freelance or contract workers, with 71 percent reporting late or nonpayment and average annual losses of $6,000. Only 28 percent of freelancers consistently receive contracts or timely payment, he noted. The bill is modeled on a six-year-old New York City ordinance that has recovered millions for freelance workers. Fifteen senators voted against the measure: Borrello, Canzoneri-Fitzpatrick, Gallivan, Griffo, Mattera, Murray, Oberacker, O'Mara, Ortt, Palumbo, Rhoads, Rolison, Stec, Tedisco, and Weber. The bill takes effect 180 days after becoming law.
PASSED Ayes: 43 · Nays: 15

Debate Summary

Sen. Gounardes presented the Freelance Isn't Free Act, which extends workplace payment protections to freelance and contract workers. The bill mandates written contracts, establishes a 30-day payment standard, prohibits payment reduction agreements, and bars client retaliation against freelancers pursuing payment. Gounardes cited statistics showing over one-third of the workforce are freelancers, with 71 percent reporting late or nonpayment and average annual losses of $6,000. He noted the bill is based on a successful six-year New York City model that has recovered millions for freelance workers.

Recorded Votes

Recorded votes are predominantly dissenting (nay) votes captured from roll call records.

Senator Vote Party
Gounardes aye Democrat
Borrello nay Republican
Canzoneri-Fitzpatrick nay Republican
Gallivan nay Republican
Griffo nay Republican
Mattera nay Republican
Murray nay Republican
O'Mara nay Republican
Oberacker nay Republican
Ortt nay Republican
Palumbo nay Republican
Rhoads nay Republican
Rolison nay Republican
Stec nay Republican
Tedisco nay Republican
Weber nay Republican