![]() ![]() The Act imposes substantial penalties for non‐compliance. In late 2016, New York City adopted the Freelance Isn’t Free Act, which became effective on May 15, 2017.On its face, the Act would affect a substantial proportion of the independent Contractor Agreements (ICAs) and Memoranda of Understanding (MOUs) issued by RFCUNY. When to Submit a Request for an Independent Contractor’s Agreement Also, a worker cannot be issued both a Form W-2 and a Form 1099 by RFCUNY in the same calendar year. For that reason, active employees of RFCUNY cannot simultaneously be independent contractors of RFCUNY performing the same or similar work that they perform as employees. ![]() The misclassification of workers as independent contractors when they should be classified as employees is a significant issue especially in light of enhanced efforts by federal and state governments to combat worker misclassification. In most circumstances, an independent contractor is not an employee of either RFCUNY or CUNY. Independent contractors are truly independent and maintain separate businesses with their own premises, materials, and equipment. The governing principals are fundamentally the same. RFCUNY refers to an ICA for less than $5,000 as a Memorandum of Understanding (MOU). An individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done or how it will be done. An independent contractor controls when, how, and where services are performed, towards a promised deliverable as a goal. An independent contractor is a worker who performs a discrete task that assists a PI in accomplishing the work the PI has agreed to perform for the award sponsor. Requesting & Amending Independent Contractor Agreements & Memoranda of UnderstandingĪn Independent Contractor Agreement (ICA) is the document by which RFCUNY retains the services of an independent contractor on behalf of a CUNY principal investigator (PI). ![]()
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