Is it legal to keep me as freelance in NY?
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I have been working for a certain company for 3 years as a full time freelance graphic designer in NY. When I had my taxes done in NJ, my accountant said basically if a job requires me to come to work 5 days a week continuously, I have to be hired as full time not freelance, and it wouldn't be legal in Jersey. He said he wasn't sure about NY laws. I've never heard of this law before. Is anyone familiar with this?
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Answer:
One of the requirements to determine if you are an independent contractor/freelancer was based on where you did the work. This is just ONE of the criteria and is becoming less and less important in terms of determining Independent Contractor / employee status. You own a small business the companies you work with are your customers. - The customer CAN NOT MAKE independent contractors / freelancers work a specific schedule. NOR can they MAKE the independent contractor / freelancer perform the work a specific place (i.e. their office). - A customer CAN request independent contractors / freelancers work a specific schedule and work at a specific location. It's also completely legal for the customer to ONLY contract with the contractors / freelancers who agree to work these hours and locations. - If you are a contractor who has been working with a company and that company decides that they want you to work a set schedule / location and you don't want to, it's completely legal to let you go and find a contractor who is willing to work the way the customer wants them too. Your accountant is incorrect about NJ. NJ is one of the most lenient states in the country regarding independent contractor regulations. NJ allows you to treat contractors almost exactly the same as employees - you can provide contractors with insurance benefits, you can even pull garnishments out of payments.
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