New York is taking a major step in regulating the fashion industry with the passage of the New York State Fashion Workers Act signed into law by Governor Kathy Hochul.
Set to take effect on June 19, 2025, the Act introduces strict oversight on model management companies (MMCs) and clients—including designers, retailers, and media companies—to ensure fair treatment, transparency, and workplace protections for fashion workers.
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Key Changes Under the Act:
Mandatory Registration: MMCs must register with the New York Department of Labor and comply with financial and transparency requirements.
Contract & Payment Protections: Clear agreements, timely payments, and wage protections, including overtime pay for models working beyond eight hours.
AI & Digital Replica Rights: Written consent is required before creating or using a model’s AI-generated likeness.
Workplace Safety & Ethics: New standards on harassment prevention, liability insurance, and financial disclosures to protect models from exploitation.
Enforcement & Legal Rights: Models can now take legal action against MMCs for violations, with potential penalties for non-compliance.
Key Definitions and Expansions Under the Act
The Act introduces critical definitions for terms not previously covered in the Labor Law, including “Model,” “Modeling Services,” “Model Management Company,” “Client,” and “Digital Replica” (Section 1031).
These definitions clarify the scope of the law and the roles it seeks to regulate.
Client: A broad category that encompasses retail stores, designers, manufacturers, photographers, publishing companies, or any other person or entity that receives modeling services from a model, directly or through intermediaries. (Section 1031(1)).
Model: An individual, regardless of the individual’s status as an independent contractor or employee, who performs modeling services for a client and/or model management company or who provides showroom, parts, or fit modeling services. (Section 1031(2)).
Model Management Company: Any individual or entity that is in the business of managing models, procuring employment or engagements for models, or provides counseling services to models. It expressly excludes entities that are licensed as employment agencies under Article 11 of the General Business Law. (Section 1031(3)).
Modeling Services: Any appearance by a model in photographic sessions or the engagement of a model in live runway, live, filmed, or taped performances, including on social media platforms, requiring the model to pose, provide an example or standard of artistic expression or to be a representation to show the construction or appearance of some thing or place for purposes of display or advertising, including the provisions of castings, fittings, photoshoots, showroom, parts or fit modeling services, and the use of digital replicas. (Section 1031(4)).
Digital Replica: Computer-generated or AI-enhanced representations of a model’s likeness, requiring written consent for creation or use. (Section 1031(7)).
While this law strengthens protections for fashion workers, it also raises concerns about joint-employer liability, making it essential for MMCs and clients to review their compliance strategies before the law takes effect.
This groundbreaking legislation positions New York as a leader in setting new industry standards for fairness, transparency, and ethical business practices in the fashion world.
