المعلومات القانونية
Independent Contractor Vs Employee in New York Consulting Agreements
A New York consulting agreement records what the consultant will do, how much and when the consultant will be paid, who owns the work product, and how the engagement ends. What the agreement calls the consultant does not settle the question. Classification turns on how the parties actually work together, and New York applies different tests for different purposes — unemployment insurance, workers' compensation, and wage claims. In construction and commercial goods transportation, statute presumes employee status unless specific criteria are met. Since August 28, 2024, New York's Freelance Isn't Free Act (General Business Law Article 44-A) has required a written contract for engagements worth $800 or more, counting agreements with the same hiring party over the preceding 120 days together. The contract must state the parties' names and mailing addresses, an itemized account of the services, the rate and method of compensation, the payment due date, and the date by which the freelancer must submit the record of services. Where no due date is stated, payment falls due within 30 days of completion, and the hiring party must keep the contract for six years. Licensed attorneys, licensed medical professionals, construction contractors, and sales representatives under Labor Law § 191-a fall outside the Act, and New York City's own ordinance continues to apply to work performed in the City. Ownership of work product needs its own clause. Consulting deliverables rarely fall within the nine categories that permit work-made-for-hire treatment under federal copyright law, so absent an express assignment the consultant keeps copyright in what was produced. Termination rights and dispute resolution should be drafted for the engagement rather than carried over from a template.
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NYC Master Service Agreement: How to Negotiate the Terms That Matter
A master service agreement sets the framework for an ongoing vendor relationship, and in New York an unresolved ambiguity is read against whoever drafted it. In New York, courts treat the MSA as the controlling document and enforce its terms as written. That makes the negotiation, not the signature, the moment that decides your risk. This guide breaks down which MSA terms to press on, where vendors and clients pull in opposite directions, and how to review a draft before you commit.
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NYC Purchase Agreement: Ucc Rules for Buying and Selling Goods
When your business buys or sells goods, New York's UCC Article 2 governs the purchase agreement and fills any term you leave out, sometimes against you. This is the contract for buying products, not a company, so the UCC primarily governs, with general contract law filling what Article 2 leaves out. In New York that reshapes written terms, conflicting order forms, warranties, and risk in transit. This guide covers what UCC Article 2 requires and the terms to settle before you order or ship.
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NYC Non-Compete Agreement: When Is It Enforceable?
A New York non-compete agreement is enforceable only when it protects a legitimate business interest without undue hardship or public harm. New York has not enacted a statewide ban on employee non-competes, so courts still apply the common-law reasonableness test. Courts weigh your legitimate interest against the employee's right to earn a living, so overbroad terms fail. This guide covers the test, the errors that void a non-compete, and how it differs from non-solicitation and NDAs.
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Workers' Compensation Disability Benefits: Benefits and Claim Strategy
The two-thirds figure is only part of the calculation. Weekly benefits equal two-thirds of your average weekly wage multiplied by your degree of disability. At total disability that produces the full two-thirds. At fifty percent disability it produces half of it — and most claims involve partial rather than total disability. Payments are also subject to a statutory maximum and minimum tied to the statewide average weekly wage in effect when you were injured. Benefits change when treatment plateaus. Once you reach maximum medical improvement, a temporary award converts to a permanency determination. For injuries to certain body parts, that means a schedule loss of use award. For back, neck, and other non-scheduled injuries, benefits are capped at a number of weeks set by your loss of wage-earning capacity — a limit added in 2007 that determines the value of most serious claims. Treatment runs through authorized providers and published guidelines. Care outside the Medical Treatment Guidelines generally requires prior approval, and denials at this stage are common and appealable. Two deadlines. Notice to your employer within thirty days, and a claim filed within two years — for occupational disease, measured from when you knew or should have known the condition was work-related.
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Contract Lawyer in NYC: 3 Key Aspects of Licensing Agreements
Learn how NYC contract lawyers handle licensing agreements. Explore intellectual property rights, royalties, and enforcement in this expert guide to structure durable deals under New York law.
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