Your Rights as an Independent Contractor in 2024
As of May 2024, I discovered something shocking—despite writing professionally for over a decade, I never knew I had specific rights as a freelancer or independent contractor. From magazine gigs to working with some of Inc 5000's fastest-growing companies, no one mentioned a word about my rights. So, how did I finally learn? A fortuitous meeting with a business lawyer while setting up Gr8 Writing opened my eyes to the truth (which I’ll detail below).
I’ve always believed that if I started a business, it had to be done right. That meant laying the groundwork myself and only expanding when I could ensure fair wages and meaningful development opportunities for my team—things I sorely missed in my early writing days. Consulting a lawyer to learn about proper team onboarding was supposed to be just that. Instead, it turned into an unexpected lesson on the sharp practices of misclassifying employees as contractors to dodge taxes. After we got off the phone together, it hit me hard—not only were others exploiting this loophole, but I had been a victim of this misclassification myself (and too many times to count).
This realization sent me down a research rabbit hole that left me furious. Pissed for my past self, certainly, but even more so for the millions of contractors out there still being exploited in unimaginable ways.
In the early days, advocating for myself was a struggle; I’d choke up over simply asking for the respect I deserved. Now, I see myself as a protector of fellow freelancers—a mama bear with claws ready to fight.
Enjoy!
10 Rights of Independent Contractors:
1. Right to a Contract
Getting Started on the Right Foot: A contract protects your @$$ from nightmare scenarios. It outlines your role, responsibilities, and remuneration (how/when you get paid). Ethically crafted contracts prevent exploitation and confirm your status as an independent contractor, not an employee. And red flags on a contract show you the clients that you WON’T want to sign on to work with.
What to Include: Clearly define the scope of work, payment terms, timelines, and termination conditions.
2. Right to Control
Autonomy Always: You control how, when, and where you work. The client needs to respect your methods and processes. They hired YOU as the EXPERT, which gives you the right to operate under your own brand and methods without undue interference.
3. Right to Make Decisions
Decision-Making Power: As a freelancer, you decide the approach to your work and what needs to happen to achieve the end result. The IRS and DOL talk about “managerial” and strategic thinking as a guide.
Client Relations: Treat clients as partners, not bosses. Read that again. They are NOT your boss!!!
4. Right to Work When You Want
Flexibility: Choose your own hours, end of story. A client absolutely CANNOT—I repeat, CANNOT—mandate your schedule in any way. They can set reasonable deadlines for certain work, sure, but they cannot make you attend a boatload of meetings every week or set constant check-ins to micromanage you.
5. Right to Work Where You Want
Location Independence: Whether it’s a beach, a café, or your home office, you define your workspace 24/7/365. This freedom is a fundamental part of being a freelancer. A client that wants more control wants employees, and that’s not what you are.
6. Right to Advertise
Self-Promotion: You have the right to market your services independently, showcase your skills, and attract other clients. The best part? Non-competes were recently ruled invalid by the FTC!!! That’s HUGE for all freelance creatives.
7. Right to Receive Payment
Prompt Payment: Contracts should specify payment amounts, methods, and schedules to avoid delays and disputes. Pro tip? Ask for a 50% deposit upfront and a late payment fee clause. It might be uncomfortable, but you know what’s even more uncomfortable? Scrounging through the couch cushions to try to get your rent money together when a client conveniently ghosts you after submitting work.
Advocating for Fairness: As much as humanly possible, STOP accepting lowball offers or delayed payments. The founder of Beam recently just took a late-paying client to small claims court, and I am HERE for it.
8. Right to Work with Other Contractors
Collaboration: You can choose to subcontract or collaborate with other freelancers to meet client needs or expand your service offerings*** Okay, this one is going to depend on your specific contract and ethics, but it’s still worth noting. Personally, I don’t mind subcontracting if there’s total transparency, but it really grinds my gears when I see someone was hired for a job at a premium rate and then outsourced their work to someone else at a rate of less than 50% of what the original freelancer was paid.
9. Right to Challenge Your Employment Status
Legal Protections: If misclassified, you have the right to challenge your status, no matter what the client says. Even if they say you are a contractor, and even your contractor uses that language, they do not get the final say. The IRS and DOL will launch an investigation if they think you have a case!
10. Right to Manage Your Own Business
Entrepreneurial Freedom: As a contractor, you’re a business owner. This right encompasses everything from financial management to choosing clients.
What to Do if You Think You've Been Misclassified
Realizing you've been misclassified as an independent contractor instead of an employee can feel like a gut punch.
Here’s what to do if you find yourself in this sticky situation:
Collect Your Evidence: Start by gathering all communications and contracts related to your work. These documents are your ammo. They can prove what was agreed upon versus what happened or at least provide some background information.
Know the Rules: Arm yourself with knowledge. Check out the IRS website or your state’s labor department to understand the criteria that distinguish an employee from a contractor. Knowledge is power, and in this case, it’s your best defense. You can also call the DOL directly @ 1-866-4USWAGE. They were super nice the last time I spoke to them!
Get Legal Muscle: Don’t go into battle alone. Consult a labor attorney who can evaluate your situation. Many offer a free first meeting, so you can get some initial thoughts without dropping a dime. In my case, I got everything I needed and more from my free consultation, and even though it was free, I wanted to pay him for the insane amount of value I got.
File a Complaint: If you think you’ve got a solid case, bring it to the authorities. File a complaint with the state labor department or the Federal Department of Labor. They can throw the legal book at companies playing fast and loose with classification rules. Even if you’re not 100% sure, the DOL will gladly start an investigation, and they can keep your identity completely anonymous.
Join the Community: Connect with other freelancers who’ve walked this path. Online forums and networks are treasure troves of advice and support. Plus, they’re great for staying updated on your rights and any new laws.
Talk it Out: Sometimes, a simple chat with your client can solve things—maybe they didn’t realize their mistake. A calm, clear conversation about your role might just set things straight…but it also might not.
Please, share this list with every freelancer and independent contractor you know. Keep the information flowing!
This is not legal advice and should not be construed as such. This blog is for informational purposes only.
