What are my rights under the Freelance Isn’t Free Act?
The Freelance Isn’t Free Act is a law that protects freelancer workers against non payment, it requires a written contract between the freelancer and the client, timely and full payment as well as protection from full retaliation. These are some things us freelancers are unfortunately too familiar with!!
This law establishes penalties for violations of these rights, including statutory damages, double damages, injunctive relief, and attorney fees.
This law covers:
Contract between freelance workers and hiring parties that are worth $800 or more to be in writing, including agreements that total $800 in any 120 day period.
Requiring hiring parties, to pay freelance workers on or before the date in the contract or if the contract doesn't specify a date, within 30 days after the work is completed.
Protecting freelance workers against retaliation for asserting their rights under the Law.
Providing freelance workers the right to file a complaint with OLPS (Office of Labor Policy). Hiring parties must respond to the complaint in writing within 20 days. If a hiring party does not respond to a complaint within 20 days, the freelance worker receive a “rebuttable presumption” in their favor when they bring their complaint to court, which means the judge should presume the hiring party committed the violations.
Creating a Court Navigation Program within DCA, which offers freelance workers information about the law, the court process, sample court forms, court services, worker classification, and more.
Providing the right to sue in court to seek double the unpaid amount, damages for retaliation, damages for failing to enter into a written contract, and attorneys’ fees and costs. This law can also impose penalties for noncompliance including double damages for late payment, and statutory damages.