Freelancer's Union Is Free... So Is This Information For Independent Contractors...
I have been having fun here all moring. Very interesting website. I discovered a "deadbeat client bill" was introduced and I'm on my way over to the Senate's website (http://public.leginfo.state.ny.us) to read all about the pending NY legislation (enter Bill # S8084 in the query field).
S8084 SUMMARY: SQUADRON, DUANE, KRUEGER, PARKER (Add SS196-b & 196-c), "Relates to payment of independent contractors and authorizes the Department of Labor to investigate complaints, make claims for compensation, assess liquid damages, civil penalties and criminal penalties, and authorizes the award of attorney fees and liquidated damages."
Lines  to  are new and interest me the most. Ready? Gonna quote the government line by line for the first section of the bill:
"  § 196-b. Definitions. For purposes of this section the term:  1. "Compensation" means the earnings of an independent contractor.  The term "compensation" also includes reimbursement for expenses.  2. "Independent contractor" means a sole proprietor who is not an  employee and who is hired or retained by a client for an amount equal to  or greater than six hundred dollars.  3. "Client" includes a person, corporation, limited liability company,  association or non-profitmaking organization contracting with an inde-  pendent contractor in any occupation, industry, trade, business or  service for an amount equal to or greater than six hundred dollars. The  term "client" shall not include a governmental agency.  § 196-c. Payment of independent contractors. 1. An independent  contractor shall be paid the compensation earned in accordance with the  agreed work terms but not later than the last day of the month following  the month in which the compensation is earned. The agreed work terms  shall be reduced in writing, signed by both the client and the independ-  ent contractor, kept on file by the client for a period of not less than  six years and made available to the commissioner upon request. Such  writing shall include a description of how compensation earned and paya-  ble shall be calculated. The failure of a client to produce such written  work terms, upon request of the commissioner, shall give rise to a  presumption that the terms that the independent contractor has presented 25 are the agreed terms.  2. The commissioner shall investigate and attempt to adjust equitably  controversies between clients and independent contractors relating to  this section."
So... the seed has been planted and my gal pals and I are tweaking our minimum thresholds in anticipation of this passing. We are totally in support of this bill because people should be paid for their work in a reasonable amount of time. You guys should read the entire electronic jacket for yourselves. The "sponsor memo" was an interesting read as well. Here's what they stated regarding justification:
"JUSTIFICATION: Since the original enactment of the labor law regulations the workforce composition of New York State has changed significantly. The modern economy has led to the rise of individual workers considered "independent contractors" or "freelancers." An independent contractor, as defined by this legislation, is a sole proprietor who is not an employee and who is hired or retained by a client for an amount equal to or greater than six hundred dollars (the threshold for which a company or person must provide a form 1099 to the U.S. Internal Revenue Service). These people often participate in work alongside traditional employees, yet they are not afforded the same protections under the law as their traditionally employed counterparts. They are especially vulnerable because their compensation is not guaranteed under the labor law, and their main forum for relief is to go to small claims court. This bill seeks to correct that by amending the labor law to extend protection to this population of workers. A recent survey of 3000 independent contrac- tors revealed that they spent 17,000 hours pursuing $3 million dollars in owed compensation. This indicates not only the disproportionate burden placed on these individuals to collect payments that are right- fully theirs, but also illustrates how much productivity is lost because independent contractors are forced to spend time pursuing compensation when they could be performing valuable and constructive work activity."
If you are a student of this unfortunate recession and/or know loved ones who have been negatively impacted by a financial crisis please let your elected officials know that you support their efforts to protect workers and pass along this legislation info. We need votes to get this passed. Contact your public officials if you care about this issue. Here's where you need to go to find and contact your NYS Senator: http://www.nysenate.gov/senators
If you are from another state feel free to let your government officials know what New York is trying to do because something similar may be useful in your neck of the woods. I'm kinda wondering what is going to happen regarding the banks that like to change broker compensation after the fact because a home converts to a short sale during the contract period and some use it as an excuse to decide not to pay the contractual fees earned under the listing agreement. I keep thinking the Department of Labor's website is going to be a fun place to watch if this bill passes... I like the hypothetical idea of it not being cost prohibitive to possibly take a bank on if they mess with the payday agreed upon after the fact.
Disclaimer: Any comments and contributions provided on ActiveRain.com (or other electronic or print media) does not establish an agency relationship with any third party. Blog posts are intended to be informational only. Please be advised that real estate practices vary in regions and from state to state and market to market. The information contained herein does not constitute legal advice. All parties in need of legal, accounting, tax, or real estate guidance are directed to consult with the licensed professional of their choice. Please seek specific guidance from a retained professional in the specific field(s) required to service your interests. I and/or team blog writers make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this web site and its associated sites inclusive of but not limited to CarolynTannStarr.com MySpace/TannStarr 46486 NY Working Moms Examiner ActiveRain Group Club Chaos ClubChaosAgents.com CyberMinions.net CTannStarr Outside Blog CTannStarr Localism Blog TannStarr.net UberMental.com
© Carolyn Tann-Starr, 2008-2015. Unauthorized use and/or duplication of this material without express and written permission from the re-blog authors (when appropriate)and Carolyn Tann-Starr is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Carolyn Tann-Starr, (the re-blog authors when appropriate) and Wordy C's Blog with appropriate and specific direction to the original content.