New York Fashion Workers Act
Governmental Agency: New York State Legislature
Jurisdiction: New York, USA
Ref no: S2477B
Status: IN REVIEW
The Fashion Workers Act, first introduced in 2022, seeks to protect models and content creators in the fashion industry. Currently, models and content creators work through management companies in New York that, unlike talent agencies, escape licensing and regulation. The Fashion Workers Act will close this legal loophole by which management companies escape accountability, and create basic labor protections for fashion’s creative workforce.
On May 2, SAG-AFTRA and the WAG showed their support of the Act with a memorandum of support viewed by Variety. On May 6, ahead of the 2024 Met Gala, Model Alliance rallied in front of the Metropolitan Museum of Art to urge NY lawmakers to pass the act.
The New York Senate passed the bill for the second time in a row on May 20, following its reintroduction in January 2024. The New York Assembly Labor Committee voted unanimously to pass the Fashion Workers Act on May 21st—the first time since the bill was introduced three years ago.
If passed, some of the requirements the Act would demand of management agencies include:
- Establishing a fiduciary duty to act in the best interests of their talent.
- Providing models with copies of contracts and agreements.
- Protecting the health and safety of models, including by establishing a zero-tolerance policy for abuse.
- Obtaining clear written consent for the creation or use of a model's digital replica, detailing the scope, purpose, rate of pay, and duration of such use.
The bill would also require management agencies to discontinue bad practices such as:
- Charging models interest on payment of their earnings.
- Renewing the contract without the model's affirmative consent.
- Taking retaliatory action against a model for filing a complaint.
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The Fashion Workers Act would affect management agencies that represent models and other creative talent in New York's fashion industry. The bill would enforce certain contractual requirements previously left to models and content creators to negotiate.
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On June 7, for the first time, the New York Assembly and Senate both passed the Fashion Workers Act. Now, the bill heads to Governor Kathy Hochul’s desk to sign it into law.
