Is a consultant an employee or independent contractor in New York?

New York decides worker status based on the degree of control the hiring party has over the work, and the labels in a consultant agreement do not control on their own.

Does a consulting agreement guarantee results?

No. The Standard agreement treats the expected outcomes as goals, because results depend on the client's decisions and on factors outside the consultant's control. The consultant promises professional skill and care.

What is the difference between the Standard and Professional Consulting Agreement?

The Standard edition is a complete, state-aware Consulting Agreement for common situations. The Professional edition adds longer clause coverage, schedules, and optional modules for more complex matters. You can preview either edition free before you pay.

New York · Standard edition

New York Consulting Agreement Template

Create a New York consulting agreement online for an independent consultant or advisor. The Standard agreement covers the services and standard of performance, fixed or hourly fees, invoices and payment, expenses, independent contractor status, conflicts of interest, confidentiality, intellectual property, limitation of liability, termination, and New York worker classification and freelance payment rules.

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New York rules built into this template

Worker classification: New York decides worker status based on the degree of control the hiring party has over the work, and the labels in a consultant agreement do not control on their own.
Freelance payment law: New York's Freelance Isn't Free Act (N.Y. Gen. Bus. Law §§ 1410-1415, effective August 28, 2024) requires a written contract for freelance work worth $800 or more, alone or with other work for the same hiring party in the prior 120 days; payment is due on the date in the contract or, if none, within 30 days after the work is completed, and retaliation against a freelancer for exercising these rights is prohibited.
Federal tax: for payments made in 2026, a business generally reports payments of $2,000 or more to a contractor on IRS Form 1099-NEC.

What the Consulting Agreement includes

Services
Standard of Performance
Client Responsibilities
No Legal or Tax Advice
Fees
Invoices and Payment
Expenses
Independent Contractor
Conflicts of Interest
Confidentiality
Intellectual Property
Limitation of Liability
Term and Termination
State Law
General Provisions
Governing Law

Frequently asked questions

Is a consultant an employee or independent contractor in New York?: New York decides worker status based on the degree of control the hiring party has over the work, and the labels in a consultant agreement do not control on their own.
Does a consulting agreement guarantee results?: No. The Standard agreement treats the expected outcomes as goals, because results depend on the client's decisions and on factors outside the consultant's control. The consultant promises professional skill and care.
What is the difference between the Standard and Professional Consulting Agreement?: The Standard edition is a complete, state-aware Consulting Agreement for common situations. The Professional edition adds longer clause coverage, schedules, and optional modules for more complex matters. You can preview either edition free before you pay.

Consulting Agreement templates for other states

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