§ 1412 — Written contracts

§ 1412. Written contracts. 1. Whenever a hiring party retains the\nservices of a freelance worker, as such terms are defined in this\narticle, the contract between such party and worker shall be reduced to\nwriting. The hiring party must furnish a copy of such written contract,\neither physically or electronically, to the freelance worker and each\nparty to the written contract shall retain a copy thereof.\n 2. The written contract shall include, at a minimum, the following\ninformation:\n (a) the name and mailing address of both the hiring party and the\nfreelance worker;\n (b) an itemization of all services to be provided by the freelance\nworker, the value of the services to be provided pursuant to the\ncontract, and the rate and method of compensation;\n (c) the date on which the hiring party must pay the contracted\ncompensation or the mechanism by which such date will be determined; and\n (d) the date by which a freelance worker must submit a list of\nservices rendered under such contract to the hiring party in order to\nmeet any internal processing deadlines of such hiring party for the\npurposes of compensation being timely rendered by the agreed-upon date\nas stipulated in paragraph (c) of this subdivision.\n 3. Such hiring party shall be required to keep such contract for a\nperiod of no less than six years and shall make such contract available\nto the attorney general upon request. The failure of a hiring party to\nmaintain such contracts or produce such contracts to the attorney\ngeneral shall give rise to a presumption that the terms that the\nfreelance worker has presented are the agreed upon terms.\n 4. The commissioner of labor shall make available model contracts on\nthe website of the department of labor for use by the general public at\nno cost. Such model contracts shall be made available in English and in\nthe twelve languages most commonly spoken by limited English proficient\nindividuals in the state.\n