The action, titled Chen et al v. Romona Keveza Collection et al, sought amounts owed to a company, Joseph Chen, Inc. (“Chen”), owned by a single photographer, Joseph Chen, and a fashion model, Dina Kozlovska, for services Chen and Kozlovska performed for Romona Keveza Collection LLC (“RKC”) pursuant to the Freelance Isn’t Free Act (“FIFA”).
FIFA defines a freelance worker as “any natural person or any organization composed of no more than one natural person, whether or not incorporated or employing a trade name, that is hired or retained as an independent contractor by a hiring party to provide services in exchange for compensation.” Administrative Code § 20-927. RKC had argued that neither the photography company nor the model qualified as freelance workers under FIFA. RKC claimed that Chen had temporarily hired individuals for the freelance project at issue and was thus not a single person company. Further, RKC argued that Kozlovska was under contract with a modeling agency and was therefore barred from pursuing this claim.
The Appellate Court rejected both of those arguments and granted summary judgment for both Plaintiffs. The First Department found Chen’s solely-owned company was composed of only one individual (Joseph Chen) who temporarily engaged individuals to assist at the RKC freelance project. “Nothing in the statutory definition of ‘freelance worker’ negates such status where a person or single-person organization uses assistants temporarily hired as independent contractors to fulfill a freelance project.”
Further, the model “demonstrated that she was retained by RKC to work as a fashion model” and had signed agreements with RKC. The Model’s use of a modeling agency “does not alter her status as a freelancer under FIFA where, as here, defendants were unable to produce a signed agreement” between the model and the modeling agency where the model “agreed not to do freelance work.” Even if RKC had done so, the court noted that FIFA states “any provision of a contract purporting to waive rights under [FIFA] is void as against public policy.” Administrative Code § 20-935[a].
V&A’s Jenny S. Brejt, Esq., served as lead counsel. Read the Court’s Opinion and Order here.
If you have questions about your rights under the Freelance Isn’t Free Act, or if you think that you may not have been paid correctly, one of the attorneys at Virginia & Ambinder, LLP, can provide you with a free consultation. You may call us at 212-943-9080.
