New York Independent Contractor Agreement

A freelance / 1099 services agreement drafted to support contractor status under your state's test, with IP, confidentiality and payment terms.

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New York rules that this document follows

Worker-classification testCommon-law (right-to-control) test — construction industry (Art. 25-B) and commercial goods transportation (Art. 25-C) onlySource: N.Y. Lab. Law § 511 (unemployment; common-law control test per Matter of Vega (Postmates), 35 N.Y.3d 131 (2020)); Lab. Law Art. 25-B, § 861-c (construction: presumption of employment unless ABC-like criteria met)
Freelance payment lawFreelance Isn't Free Act (statewide) — written contract required above $800.00; pay within 30 daysSource: N.Y. Lab. Law Art. 44-A, §§ 1410-1418 (eff. Aug. 28, 2024); NYC Admin. Code § 20-927 et seq. (NYC, 2017)
Non-compete vs. contractorsyesSource: Common law (BDO Seidman v. Hirshberg, 93 N.Y.2d 382 (1999)); S4641 (ban below $500,000) pending in 2026
Terms this contract includesnames and mailing addresses of both parties, itemization of all services to be provided, value of services and rate/method of compensation, date payment is due or mechanism to determine it, date by which freelancer must submit list of services rendered to meet hiring party's billing deadline

Rules current as of 2026-09-07. Statutes change; verify before relying on them.

How to use this Independent Contractor Agreement in New York

Describe the deliverables, not the hours; let the contractor set the schedule and use their own tools. Collect a W-9 before the first payment and file a 1099-NEC if you pay $600 or more in a year.

Pay on time — New York's freelance law adds penalties for late payment.

Frequently asked questions

Does a contract make someone an independent contractor in New York?

No. New York applies the common-law control test (N.Y. Lab. Law § 511 (unemployment; common-law control test per Matter of Vega (Postmates), 35 N.Y.3d 131 (2020)); Lab. Law Art. 25-B, § 861-c (construction: presumption of employment unless ABC-like criteria met)) to the actual relationship. This agreement is drafted to support contractor status, but the parties must also behave accordingly: the contractor controls how the work is done, uses its own tools and works for others.

Is there a freelancer payment law in New York?

Yes — Freelance Isn't Free Act (statewide) (N.Y. Lab. Law Art. 44-A, §§ 1410-1418 (eff. Aug. 28, 2024); NYC Admin. Code § 20-927 et seq. (NYC, 2017)): written contract required for work over $800.00, payment within 30 days.

Can I add a non-compete?

In New York: yes (Common law (BDO Seidman v. Hirshberg, 93 N.Y.2d 382 (1999)); S4641 (ban below $500,000) pending in 2026). This template deliberately omits non-competes; a narrow non-solicitation clause is optional.

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FormsByState provides self-help document templates and general information, not legal advice. We are not a law firm. For advice about your situation consult a licensed attorney in your state.