New York has enacted legislation (Senate Bill 9382), also known as the Fashion Workers Act (the Act), which adds workplace protections related to working with models in New York. The Act takes effect on June 19, 2025.
The Details
Covered Employees
The Act covers models (independent contractors and employees) who provide showroom, parts or fit modeling services or who participate in entertainment, exhibitions or performances, performing modeling services for a client.
Note: Modeling services include the use of a digital replica (a significant, computer-generated or artificial intelligence (AI) enhanced representation of a model’s likeness).
Client Duties
Under the Act, a client (a retail store, ad agency, manufacturer, photographer, publishing company, clothing designer, or other person or entity receiving a model’s modeling services directly or via intermediaries and/or a model management company (MMC)), must:
- Compensate models at an hourly rate at least 50% higher than the contracted rate and provide a 30-minute meal break in any 24-hour period where a model’s modeling services exceed eight hours.
- Only offer employment that does not pose an unreasonable risk of danger and provide adequate levels of liability insurance.
- Ensure that employment requiring nudity or sexually explicit material is compliant with the New York Civil Rights Law.
- Allow a model to be accompanied by their agent, manager, chaperone or representative.
- Obtain clear and conspicuous prior written consent for any creation or use of a model’s digital replica, detailing the scope, purpose, rate of pay and duration of the use.
Model Management Company Requirements
Under the Act, an MMC, must:
- Post a copy of the company’s certificate of registration in their office and a digital copy on the company’s website and include the registration number of the company in all advertisements (including social media profiles for the company) used to solicit models and in any contract with a model or client.
- Use best efforts to procure employment for models signed to the company, ensuring the employment or engagement does not pose any unreasonable risk of danger and that employment requiring nudity or sexually explicit material is compliant with the New York Civil Rights Law.
- Clearly specify the items that will be paid for initially by the company but will ultimately be deducted from the model’s compensation.
- Notify former models when the company collects royalties due to the model when the company no longer represents the model.
- Obtain clear written consent (separate from the representation agreement) for the creation or use of a model’s digital replica, detailing the scope, purpose, rate of pay, and duration of the use.
Under the Act, an MMC cannot:
- Retaliate against a model who files or attempts to file a complaint pursuant to this law and cannot engage in discrimination or harassment because of any protected status.
- Create, alter, or manipulate a model’s digital replica using AI without clear, conspicuous, and separate written consent from the model.
- Require or collect a fee or deposit from a model at the time of signing or as a condition to entering into an agreement, impose a commission fee greater than 20% of the model’s compensation, or deduct from a model’s pay a fee or expense other than an agreed-upon commission and items that are advanced.
- Procure an accommodation that the model will have to pay for without providing a written disclosure of the rate charged in advance of the model’s stay.
- Advance travel or visa-related costs without a model’s informed written consent.
The Act also contains additional protections such as registration, contract, agreements and fiduciary requirements. See the text of the law for further details.
Penalties
Employers that the New York Department of Labor (NYDOL) finds to have violated the Act will be required to pay penalties. See the text of the law for further details.
Next Steps
- Review and update AI, pay, and safety policies and practices.
- Be on the lookout for further guidance from the NYDOL on requirements to help comply with the Act.