N.Y. General Business Law § 1410: Definitions

§ 1410. Definitions. As used in this article, the following terms

shall have the following meanings:

1. "Construction contractor" means any person, sole proprietor,

partnership, firm, corporation, limited liability company, association

or other legal entity who by oneself or through others offers to

undertake, or holds oneself out as being able to undertake, or does

undertake a construction project.

2. "Construction project" means the providing of any labor or

services, and the use of any materials or equipment in order to alter,

build, excavate, add to, subtract from, improve, repair, maintain,

renovate, move, wreck or demolish any bridge, building, highway, road,

railroad, land, tunnel, sewer, drainage or other structure, project,

development, or improvement, or the doing of any part thereof, including

the erection of scaffolding or other structures or works in connection

therewith.

3. "Freelance worker" means any natural person or organization

composed of no more than one natural person, whether or not incorporated

or employing a trade name, that is hired or retained as an independent

contractor by a hiring party to provide services in exchange for an

amount equal to or greater than eight hundred dollars, either by itself

or when aggregated with all contracts for services between the same

hiring party and freelance worker during the immediately preceding one

hundred twenty days, but does not include:

(a) any person who, pursuant to the contract at issue, is a sales

representative as defined in section one hundred ninety-one-a of the

labor law;

(b) any person engaged in the practice of law pursuant to the contract

at issue and who is a member in good standing of the bar of the highest

court of any state, possession, territory, commonwealth or the District

of Columbia and who is not under any order of court suspending,

enjoining, restraining, disbarring or otherwise restricting such person

in the practices of law;

(c) any person who is a licensed medical professional; or

(d) any person who is a construction contractor.

4. "Hiring party" means any person who retains a freelance worker to

provide any service, other than:

(a) the United States government;

(b) the state of New York, including any office, department, agency,

authority or other body of the state including the legislature and the

judiciary;

(c) a municipality, including any office, department, agency or other

body of a municipality; or

(d) any foreign government.