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Freelancer RightsKnow what you are owed, and why
Written contractsApplies in: New York City

You can require a written contract once the work is worth $800 or more

In New York City, a hiring party and a freelance worker must put the agreement in writing when the contract is worth $800 or more, either by itself or when added to everything else the same hiring party contracted for during the previous 120 days.

2What that means

  • The $800 threshold is not just one job: contracts with the same hiring party over the preceding 120 days are counted together.
  • The written contract must include the parties' names and mailing addresses, an itemization of the services, the value of the services, the rate and method of compensation, and the payment due date or the mechanism for determining it.
  • The writing is supposed to exist before the work — invoices sent afterwards have not been treated as a substitute.
  • A contract that is imperfect is not automatically outside the law; courts have looked at substance.

3In a real case, this is what happened

In McNamara v. Negative Inc., invoices did not stand in for a written contract

Supreme Court, New York County · November 18, 2024 · Index No. 651709/2024

What the freelancer alleged
A freelancer with recurring work alleged unpaid and late-paid invoices and the absence of written agreements.
What the court actually ruled
Written-contract claims arising before April 3, 2022 were dismissed as untimely; the rest of the case survived.
The key reason
The court found the invoices did not satisfy the requirement for a contract agreed in advance, and applied a filing deadline to the older written-contract claims.
Stage of the case
Motion to dismiss — partly granted, partly denied.

The deadline applied here came from the written-contract claim specifically. Deadlines differ by claim type; see § 20-933.

Full record for this caseOriginal decision source

In Tam Zegarra v. Pleroma Management, a flawed written contract still counted

Supreme Court, New York County · June 26, 2025 · Index No. 652019/2025

What the freelancer alleged
A consultant sued over payment under a consulting agreement, and the hiring party pointed to defects in the contract.
What the court actually ruled
The Freelance Isn't Free Act claim survived dismissal.
The key reason
The court held that defects in the written contract did not strip the freelancer of the statute's protection.
Stage of the case
Motion to dismiss — the claim survived. No damages were awarded.

A surviving claim is not a finding that the hiring party violated the law.

Full record for this caseOriginal decision source

4What matters for you

These are the facts and documents that decided the cases above. Gathering them does not decide your case, and this is general information rather than advice about it.

  • Every contract, proposal, statement of work or signed estimate you have with the hiring party.
  • All work you did for the same hiring party in the 120 days before the job — it may count toward $800.
  • Any request you made for a written contract, and the reply.
  • Whether the writing you have states the rate, the total value and the payment due date.
  • The dates work was agreed versus the dates invoices went out.

5Where this applies

  • New York City Administrative Code § 20-928 sets the written-contract requirement and the $800 / 120-day aggregation rule.
  • New York State's Freelance Isn't Free Act has its own written-contract provisions that are not identical. Confirm which law your work falls under.
The law behind this right
Decisions connected to this right