Chapter § 11.3.1

• Jurisdiction: New York

[11.3.1] Are independent contractors protected by the NYHRL? ³⁸

Typically, the NYHRL has been interpreted to protect only actual employees and applicants for employment, and its coverage historically has not been extended to individuals who are properly considered to be independent contractors.³⁹ However, in New York City, independent contractors are covered by the NYCHRL.

Employers should be careful about using the independent contractor designation, because courts and agencies will look past the label if the individual in question is actually an employee. A multi-factor common law agency test is often applied to determine whether a complaining party is an independent contractor or an employee for purposes of NYHRL coverage. While no one factor is controlling, the courts and administrative agencies...