NYCCHR puts out new independent contractor, freelancer guidance

In October 2019, the New York City Human Rights Law (NYCHRL) was amended to extend its protections to independent contractors and freelancers. Under the amendments, the NYCHRL applies to employers of four or more individuals, including independent contractors, freelancers, interns, and the employer's parents, spouse, or children who work for the employer.

NYC Admin. Code § 8-107(23) went into effect January 11, 2020. The New York City Commission on Human Rights (NYCCHR) has now released guidance on the rights and protections afforded to independent contractors and freelancers under the new law. Employers should reevaluate and update their policies, procedures, and training to ensure compliance with the latest amendments to the NYCHRL.

Independent contractor vs. freelancer

The NYCCHR guidance states that independent contractors and freelancers are afforded the same protections as employees under the NYCHRL. Furthermore, the guidance states:

In most cases, if you are doing any work for an employer and are not an employee, you are an independent contractor or freelancer . . . regardless of whether you have a formal contract, regardless of how often, if ever, you work . . . on-site, and [regardless of] whether it is a short-term or long-term relationship.

Under that expansive definition, the new protections will liberally apply to anyone an employer hires, engages, or otherwise uses as a vendor.

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