New York Contract Templates

New York Independent Contractor Agreement

Worker-classification test

Common-law control test for unemployment insurance: whether the business supervises, directs and controls the work. Construction and commercial trucking workers are presumed employees under separate Fair Play Acts.

State freelancer-protection law

Freelance Isn't Free Act, statewide since August 28, 2024, enforced by the Attorney General. New York City has its own Freelance Isn't Free law.

Written contract required?

Yes, for $800 or more, alone or combined with all contracts between the same parties over the prior 120 days. The hiring party keeps it at least six years.

New York Non-Compete Agreement

Are employee non-competes enforceable?

Yes, if no broader than needed to protect a legitimate interest, not unduly harsh on the employee, and not harmful to the public. No statewide ban was in effect as of October 2026.

Governing law

Common law under BDO Seidman v. Hirshberg. Separately, Labor Law § 202-k bars non-competes for non-management broadcast employees.

Salary or wage threshold

None in current law. Pending bill S9759 would exempt workers averaging $500,000 or more a year, but it passed only the Senate (June 3, 2026) and sits in the Assembly Labor Committee.

New York Employment Offer Letter

Updated for Lab. Law § 195

At-will employment

Yes. A hiring for an indefinite term is presumed at will; the presumption is rebutted only by an express agreement limiting the right to fire.

Pay-range disclosure

Employers with 4+ employees must list a good-faith pay range and job description in ads for jobs, promotions and transfers, and state if pay is commission-based.

Salary-history ban

Yes, for private and public employers. Employers may not seek, request or require wage or salary history from applicants or current employees, or rely on it to set pay.

New York Residential Lease Agreement

Updated for HSTPA

Security deposit cap

One month's rent. Narrow exceptions include qualifying seasonal-use units and owner-occupied cooperative apartments.

Deposit return deadline

14 days after the tenant vacates, with an itemized statement of any deductions. A landlord who misses the deadline forfeits the right to keep any part of the deposit.

Notice to end a month-to-month tenancy

Landlord: 30 days if the tenant has lived there under one year, 60 days for one to two years, 90 days for two years or more. Tenant (outside NYC): at least one month before the period ends.

New York LLC Operating Agreement

Updated for NY LLC Law

Governing statute

New York Limited Liability Company Law.

Operating agreement required?

Yes. Members must adopt a written operating agreement, which may be entered into before, at, or within 90 days after filing the articles of organization.

Filing fee to form the LLC

$200 for Articles of Organization, plus $50 to file the Certificate of Publication after the required newspaper notices.