The pen may be mightier than the sword, but for freelance writers, the pen has too often been no match for unscrupulous publishers who leave authors unpaid. This David and Goliath dynamic changed on November 22, 2023, when New York Governor Kathy Hochul signed the “Freelance Isn’t Free Act” into law, arming writers with new slingshots to take down the giants seeking to exploit their labor.
Like the Biblical hero approaching a towering foe, freelance writers have long faced seemingly insurmountable odds in getting paid for their work. Deadbeat publishers and media outlets often ghost freelance journalists and authors once an article or manuscript is filed, refusing to pay the agreed upon fee. These villains know that freelancers lack the resources to fight back, counting on the fact that seeking legal restitution over a few hundred or thousand dollars is too time consuming and expensive. And with no employment protections like minimum wage or anti-discrimination laws, freelancers are left defenseless against such injustice.
Enter the Freelance Isn’t Free Act as a crusading champion for the underdog. No longer will unscrupulous publishers be able to cast authors’ invoices into the trash like an unwanted manuscript. The new law provides critical protections to ensure freelance writers in New York are paid fairly and on time for their work. As Governor Hochul declared, "Every single New Yorker deserves to be treated with dignity and respect in the workplace, whether they’re a full-time, part-time or freelance worker."
So how does this act of legislative heroism defend writers and other freelance workers? The law requires that any freelance job worth $800 or more must have a written contract in place that clearly spells out payment terms, including:
A description of services to be provided.
The value of the services to be provided.
The rate and method of pay.
The date for payment or payment mechanism.
For authors contracted to write a book manuscript, article, or other literary work, this written agreement provides critical documentation to prevent arguments down the road over payment. Rather than a vague handshake deal that can be disputed, authors now have a binding contract that locks in the publisher’s financial obligations.
And that $800 threshold means the law covers virtually every professional writing engagement. Even a short magazine article or blog post will exceed this limit when factoring in research, writing, and editing time at standard freelance rates of $.50 to $1 per word. So whether penning the next Great American Novel or a short guest blog, the Freelance Isn’t Free Act has writers’ backs.
The ink on these new contracts is further guaranteed to dry with two more key provisions. First, the law requires payment be made no later than 30 days after a freelancer completes the work. With authors often going months chasing late checks, this provision is a godsend in ensuring timely payroll.
Second, the law bars publishers from suddenly trying to change the pay rate midway through a project. No more bait-and-switch tactics where a $10,000 book deal suddenly becomes $5,000 upon completion. If the contract says $10,000, publishers must pay the full amount.
And what happens to publishers who ignore these commandments? Swift and certain justice under the Freelance Isn’t Free Act’s enforcement hammer. Freelancers can file complaints with the New York State Department of Labor, which is empowered to investigate violations and levy civil penalties. Repeat offenders may even face criminal charges for pattern and practice abuse.
Further, freelancers can directly sue in court for double damages plus attorney’s fees related to any unpaid contracts or retaliation. Given that individual writers often lack the means to bring lawsuits, this private right of action with damages and fee-shifting gives freelancers a powerful slingshot against misconduct.
Between regulatory, civil, and criminal enforcement tools, publishers flouting their obligations do so at their own peril. The era of exploiting freelance authors with impunity has come to a righteous end in the Empire State.
Beyond just addressing past wrongs, the law will also proactively prevent future abuses. The New York Department of Labor is creating model contracts that provide a clear template for publishers and freelancers to follow, removing any ambiguity over expectations and rights. When both parties operate in good faith off of fair terms, writers can focus on quality work rather than chasing paychecks.
As we applaud this legislative victory, how widely will its shockwaves resonate? New York City passed its own Freelance Isn’t Free Act in 2017, but the new state law takes things a step further. And as the media capital of the world, New York’s actions carry national clout. In fact, we are already seeing ripples with Illinois enacting a similar statewide law earlier in 2022.
The challenges are certainly not over. Unscrupulous publishers may try to skirt the law’s protections, requiring diligent enforcement. And freelancers in other states still lack basic rights without their own legislative heroes. But the battle has turned in favor of freelance authors and journalists.
What lessons can we take from this triumph? First, that organizing works. The law only passed thanks to tireless advocacy from groups like the National Writers Union and Freelancers Union. When freelancers unite their voices, politicians listen.
Second, the pen really is mightier than the sword. The written word moves hearts and changes minds. So freelance writers should continue using their pens to win more victories.
And finally, we must remember that progress depends on electing leaders who champion economic justice. Governor Hochul’s support was critical, showing the importance of voting to turn lofty ideals into concrete change.
The giant of injustice still looms large, but this slingshot of reform offers hope. By continuing to organize and vote, freelance writers can fell more giants and create an economy that honors the dignity of all working people. The next chapter of this story remains unwritten, but a new generation of author-activists can craft an epic conclusion.
Beyond New York, how can freelance writers in other states gain similar protections? The answer lies in grassroots advocacy and savvy legislative strategies. Writers' organizations should partner with lawmakers to introduce bills modeled after New York's landmark law. They can cite the Empire State as a case study of these policies' effectiveness while tailoring language to their state's local needs. Building bipartisan support will be essential - positioning the issue not as pro-labor but pro-small business and entrepreneurship. With many politicians relying on freelance content, from speechwriters to social media teams, they have a vested interest in protecting these workers too.
State-level victories can create momentum for national reform. Once a critical mass adopts freelancer protection laws, Congress may finally act to set a minimum standard. But the genesis must begin locally, with writers cultivating relationships and championing the issue. The pen must be put to paper to compel legislators to put pen to paper on behalf of freelance rights.
Of course, new laws alone are not enough. There must be robust enforcement, which demands funding. Writers' groups can push for larger budgets to investigate wage theft and penalize violations. They should also publish "Hall of Shame" lists of publishers who flout the law even after passage. Public exposure and consumer pressure can incentivize compliance.
Beyond enforcement, providing greater access to legal aid and representation is critical. Pro-bono initiatives, sliding scale fees, and contingency arrangements can help freelancers bring claims even if an unpaid $1,000 invoice is not worth a $10,000 legal bill. Removing this cost barrier will put teeth into the law.
Cultural change is equally important. Publishers must move away from viewing freelancers as expendable contractors and recognize their duty of care. Industry blacklists of abusive companies and codes of conduct can reshape norms. So can elevating standards in journalism schools to emphasize ethics.
Of course, reform efforts face inevitable backlash. Critics may argue the laws impose burdens on publishers or stifle freelance flexibility. But Standing up for basic dignity should supersede unfettered free markets. And freelancers are still free to work without contracts if they choose - the law merely governs contractual behavior above a threshold. Reasonable regulation to curb exploitation is justifiable.
We cannot let cynicism defeat hope. The arc of the moral universe does bend towards justice, but only when a groundswell of dreamers and doers push it. The Freelance Isn't Free Act's passage proves progress is possible. Let New York's victory inspire a ripple effect across America. United, freelance writers can triumph over injustice wherever it arises. Our words, our voice, our principles can hammer steel against the anvil of oppression until justice rings free from coast to coast.