N.Y. General Business Law § 1412: Written contracts

§ 1412. Written contracts. 1. Whenever a hiring party retains the

services of a freelance worker, as such terms are defined in this

article, the contract between such party and worker shall be reduced to

writing. The hiring party must furnish a copy of such written contract,

either physically or electronically, to the freelance worker and each

party to the written contract shall retain a copy thereof.

2. The written contract shall include, at a minimum, the following

information:

(a) the name and mailing address of both the hiring party and the

freelance worker;

(b) an itemization of all services to be provided by the freelance

worker, the value of the services to be provided pursuant to the

contract, and the rate and method of compensation;

(c) the date on which the hiring party must pay the contracted

compensation or the mechanism by which such date will be determined; and

(d) the date by which a freelance worker must submit a list of

services rendered under such contract to the hiring party in order to

meet any internal processing deadlines of such hiring party for the

purposes of compensation being timely rendered by the agreed-upon date

as stipulated in paragraph (c) of this subdivision.

3. Such hiring party shall be required to keep such contract for a

period of no less than six years and shall make such contract available

to the attorney general upon request. The failure of a hiring party to

maintain such contracts or produce such contracts to the attorney

general shall give rise to a presumption that the terms that the

freelance worker has presented are the agreed upon terms.

4. The commissioner of labor shall make available model contracts on

the website of the department of labor for use by the general public at

no cost. Such model contracts shall be made available in English and in

the twelve languages most commonly spoken by limited English proficient

individuals in the state.