Gig Economy

Gig Economy Employment Attorneys: Protecting Workers’ Rights in New York

The gig economy is growing rapidly in New York and across the United States. From rideshare drivers and food delivery workers to freelance designers and app-based handymen, more individuals are earning income through flexible, short-term jobs. However, the rise of gig work has also raised complex legal questions about worker classification, rights, and employer responsibilities.

At Held & Hines LLP, we help gig workers and businesses understand their rights and obligations under New York law. Whether you’re a worker seeking fair treatment or a business navigating compliance, our experienced attorneys are here to protect your interests.

What Is the Gig Economy?

The gig economy refers to a labor market made up of freelance, temporary, or independent contract work, often facilitated through digital platforms like:

Uber or Lyft (rideshare)
DoorDash, Grubhub, or Uber Eats (food delivery)
TaskRabbit, Handy, or Thumbtack (home services)
Fiverr or Upwork (freelance digital services)

Gig workers are typically classified as independent contractors, not employees—meaning they are not entitled to the same benefits and protections under labor laws. However, this classification has been heavily contested in courts across New York and the U.S.

Employee vs. Independent Contractor: What’s the Difference?

In New York, the distinction between an employee and an independent contractor is critical. It affects everything from minimum wage protections to unemployment benefits and workers’ compensation. Misclassification can result in serious legal and financial consequences for employers—and denied rights for workers.

Key factors used to determine classification in New York include:

Degree of control the company has over the worker
Whether the worker sets their own hours or uses their own equipment
How the worker is paid (per job, hourly, or salary)
Whether the work is integral to the business’s operations
Level of independence in performing the work

New York courts and agencies, such as the New York State Department of Labor, review these factors closely when disputes arise.

Common Legal Issues Faced by Gig Workers

Because they are often not considered employees, gig workers may face a variety of challenges, including:

Wage and hour violations: Not being paid minimum wage or overtime
Lack of health insurance, sick leave, or benefits
Wrongful termination or retaliation
Ineligibility for unemployment insurance
Injury on the job without access to workers’ compensation

If you’ve been misclassified or denied legal protections, you may have the right to pursue legal action. Our attorneys can evaluate your case and help you fight for the compensation or reclassification you deserve.

Protections Under New York Law for Gig Workers

New York has taken steps to address the challenges faced by gig workers. Some key developments include:

Freelance Isn’t Free Act (NYC)

This law protects freelancers working in New York City by requiring written contracts for jobs over $800, timely payment, and protection from retaliation.

Minimum Pay for App-Based Delivery Workers (NYC)

As of 2023, New York City mandates a minimum per-hour wage for app-based food delivery workers, aiming to ensure fair compensation.

Unemployment and Workers’ Compensation

In some cases, gig workers may be eligible for unemployment or workers’ compensation, particularly if a court determines they were misclassified as independent contractors.

At Held & Hines LLP, we stay current with evolving gig economy regulations to protect the rights of workers across New York.

Legal Guidance for Gig-Based Businesses

Businesses that rely on gig workers—especially startups and tech platforms—must take proactive steps to remain compliant with state and federal laws. Our attorneys assist businesses with:

Proper worker classification
Drafting legally compliant contracts
Wage and hour law compliance
Defending against misclassification claims
Navigating changes in labor and employment law

Improper classification can result in penalties, back pay, lawsuits, and loss of reputation. Our legal team ensures your business practices align with current laws and protect your business from liability.

Speak with a New York Gig Economy Attorney Today

Whether you’re a gig worker seeking justice or a business navigating legal compliance, the team at Held & Hines LLP is here to help. We offer strategic, personalized legal counsel designed to protect your rights and minimize legal risk.

FAQ: Gig Economy Legal Issues in New York

Can gig workers get unemployment benefits in New York?

Yes, in some cases. If a court or agency determines that a gig worker was misclassified and functioned like an employee, they may be eligible for unemployment benefits.

What can I do if I’m not getting paid for freelance work?

If you’re a freelancer in New York City, you’re protected under the Freelance Isn’t Free Act. You can file a complaint and potentially recover unpaid wages plus penalties.

What’s the penalty for misclassifying a worker in New York?

Employers may face fines, back pay, and legal claims under New York labor law and federal law. Repeat violations can lead to higher penalties.

Do delivery app drivers in NYC have a right to minimum wage?

Yes. As of 2023, New York City enacted a minimum hourly wage requirement for app-based food delivery workers.

Can a gig worker sue for wrongful termination?

If you were misclassified as an independent contractor but functioned like an employee, you may be able to sue for wrongful termination, depending on your employment status and contract terms.

Contact Held & Hines LLP for a Free Consultation on Gig Economy Legal Issues

If you’re working in the gig economy and have concerns about your legal rights—or you’re a business needing guidance on compliance—contact Held & Hines LLP today. With offices in Manhattan and Brooklyn, we proudly serve clients across New York City and beyond.

855.HELD.HINES