Contract check · Freelance agreement

What rights do I have as a freelancer in New York if a client refuses to put our agreement in writing?

The short answer

New York's Freelance Isn't Free Act, which added Article 44-A to the General Business Law effective August 28, 2024, includes written contract requirements for covered freelance engagements — as described on the New York State Department of Labor's official page. The DOL page links to a model contract and describes the enforcement process, including the ability to file a complaint with the New York State Attorney General. What constitutes a covered engagement and what the written-contract requirement specifically requires are addressed on the official page. This question — what happens when a client refuses to provide a written contract — is different from the non-payment question; it concerns the pre-engagement stage, before work begins. Scan your situation against the official page to understand whether the requirement applies and what your options are.

Jurisdiction focus: NY — rules differ in other states.

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What the NY DOL page describes about the written-contract requirement

The New York State Department of Labor's official page for the Freelance Isn't Free Act describes the law as providing protections to freelance workers including contractual requirements, effective August 28, 2024. The page links to a model contract and to the complaint process through the Attorney General's office. The written-contract requirement is described as part of the law's protections — the official page is the current source for what that requirement covers and how it applies.

This question is specifically about the pre-engagement situation: a client who won't put the agreement in writing before work begins. That is a different scenario from the non-payment situation on the F-23 page, where work has already been done. The written-contract requirement is an up-front protection; the payment remedies apply after a violation.

Why people worry

Some clients — particularly larger ones with informal procurement practices — push back on written contracts, preferring to operate on verbal terms or purchase orders that don't address freelancer-specific protections. A New York freelancer who knows the law requires a written contract for covered engagements is in a different position in that negotiation than one who doesn't. The official page describes the client's obligation.

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Common questions

How is this different from the question about a client not paying?

The written-contract question is pre-engagement: what happens when a client refuses to put the agreement in writing before work begins. The non-payment question arises after work is done. Both involve the Freelance Isn't Free Act, but they describe different stages of the engagement and different parts of the law's protections.

Where can I find the NY DOL model contract?

The New York State Department of Labor's official page at dol.ny.gov/freelance-isnt-free-act links to a model contract that can be used to meet the law's written-contract requirements.

Sources