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What is NYC AC § 20-936?

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This section mandates the commissioner to collect data on freelance worker claims and report on the effectiveness of related laws. It requires surveys to be sent to freelance workers regarding their claims and tracks information about complaints. Applies to freelance workers and hiring parties involved in contract disputes.

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§ 20-936 Follow-up; data collection; reporting.

AC § 20-936

a. No later than six months after the commissioner sends to a freelance worker either a hiring party's response and accompanying materials or a notice of non-response pursuant to paragraph 2 or 3 of subdivision e of section 20-931, the commissioner shall send the freelance worker a survey requesting additional information about the resolution of the freelance worker's claims. Such survey shall ask whether or not the freelance worker pursued any such claims in court or through an alternative dispute resolution process and whether or not the hiring party ultimately paid any or all of the compensation the freelance worker alleged was due or if the matter was resolved in a different manner. Such survey shall state clearly that response to the survey is voluntary. b. The commissioner shall collect and track information about complaints alleging violations of this chapter. The information collected shall include, at minimum: 1. The identity of the hiring party alleged to have violated this chapter; 2. The freelance worker's occupation; 3. The section of this chapter that was alleged to have been violated; 4. The value of the contract; 5. The response or non-response from the hiring party; and 6. Information from a completed survey identified in subdivision a of this section. c. One year after the effective date of the local law that added this chapter, and every fifth year thereafter on November 1, the commissioner shall submit to the council and publish on its website a report regarding the effectiveness of this chapter at improving freelance contracting and payment practices. That report shall include, at a minimum: 1. The number of complaints the commissioner has received pursuant to this chapter; 2. The value of the contracts disaggregated into ranges of $500 and by section of this chapter alleged to have been violated; 3. The numbers of responses and non-responses received by the commissioner disaggregated by contract value into ranges of $500 and by section of this chapter alleged to have been violated; 4. The proportion of surveys received from freelance workers that indicate that they pursued their claims in court and the proportion of surveys received from freelance workers that indicate that they pursued their claims through an alternative dispute resolution process and a summary of the outcomes of such cases; and 5. Legislative recommendations for this chapter, including consideration of whether certain occupations should be exempted from the scope of the definition of freelance worker in section 20-927. (L.L. 2016/140, 11/16/2016, eff. 5/15/2017; Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2016/140 and L.L. 2020/080.

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