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 |