Freelance Isn’t Free: It’s Past Due
More and more workers, especially in the media industry, are going freelance, whether by choice or due to economic upheaval. While some freelancers experience greater freedom, many others are forced to contend with a disturbing reality: It may take months for a freelancer to get paid for their work, if they get paid at all. Employers can easily withhold pay, and in many cases the freelancer’s only option is small claims court—a time-consuming process that might end up costing them more than the owed amount.
This is an untenable state of affairs for hundreds of thousands of people. It’s illegal for employers to withhold wages from full-time employees, and freelancers deserve the explicit protection of the law, as well. Enter Freelance Isn’t Free, which aims to enshrine some basic rights for freelancers. There are three core tenets:
- Freelancers have the right to a written contract laying out the terms of their employment.
- Freelancers have the right to negotiate to change the terms of their employment without fear of retaliation.
- Freelancers have the right to be paid for their work in a prompt and timely fashion.
The original Freelance Isn’t Free Act was enacted in New York City in 2017, after years of advocacy by the National Writers Union, the Freelancers Union, and other coalition allies. It has been a success. Complaints filed through Freelance Isn’t Free in New York City have recovered more than $2.1 million in unpaid fees to date. The city recently announced a settlement with French publisher L’Officiel ensuring that more than 40 freelancers would receive upwards of $275,000—more than double the amount of money they were owed.
While there are differences in enforcement between states and cities, the NYC Freelance Isn’t Free law has been a model for legislation across the country. In 2023 alone, freelancers organizing through NWU and its Digital Media Division, the Freelance Solidarity Project, helped lead campaigns to get laws protecting freelancers passed and signed in the states of Illinois and New York, as well as citywide in Los Angeles and Columbus, Ohio.
These are big steps forward for freelancer protections, both in these areas and across the country. We’re fighting to make sure #FreelanceIsn’tFree anywhere in the United States. But FIF is only a starting point—not only are we actively working to pass similar laws in other states and cities, but we are also organizing to raise labor standards and improve fair practice for freelancers through a range of campaigns. Want to learn more about how FSP-NWU member-organizers are getting this done? NWU Campaigns Coordinator and FSP Steering Committee member Eric Thurm wrote an op-ed in 2022 that gives a glimpse into the process of getting a bill passed through Albany.
Ready to join the campaign and make sure #FreelanceIsn’tFree where you live? Join FSP-NWU today, then reach out to Eric to get plugged in.
As ever, our legislative work relies on a growing coalition of labor allies, creator organizations, and supporters in government—in particular the Freelancers Union, the International Brotherhood of Teamsters, and our sponsors in state and city legislatures. We are also grateful for the generous support of the Mertz Gilmore Foundation, which has supported our efforts to educate freelancers about payment issues and improve their working conditions.