The modeling industry in New York has undergone a significant transformation with the enactment of the New York State Fashion Workers Act, which took effect on June 19, 2025. This groundbreaking legislation provides comprehensive protections for models working in New York State, establishing clear rights and remedies for fashion workers who have long operated without adequate legal safeguards.
Who Is Protected Under the Act?
The Fashion Workers Act applies broadly to models working in New York State. Under the law, a “model” is defined as “a person who performs modeling services as part of their trade, occupation, or profession,” whether working as an independent contractor or employee.
Modeling services include performing or appearing in photo shoots, runway shows, live performances, filmed or taped appearances (including social media), castings, fittings, showrooms, parts or fit modeling, and the use of digital replicas. The Act also extends protections to social media influencers and content creators whose work falls within these definitions.
Key Rights for Models
Fair Compensation and Payment Terms
Models now have the right to receive detailed compensation information before beginning any work. Model management companies must provide a written deal memo that includes total compensation and payment terms before work begins. If payment is not received within the specified timeframe, models can file complaints with the New York State Department of Labor or pursue court action.
The Act also caps commission fees at 20% of a model’s total pay, prohibiting the excessive commission rates that have historically burdened fashion workers.
Overtime Protection
Models are entitled to overtime compensation when working extended hours. Clients must pay models one and a half times their contracted hourly rate if a model works more than eight hours in a 24-hour period. Additionally, clients must provide at least one 30-minute meal break during any work lasting over eight hours.
Protection from Exploitative Practices
The Act prohibits several exploitative practices that have plagued the modeling industry:
– No upfront fees: Model management companies cannot require deposits or collect fees from models when signing contracts.
– Transparent expenses: Companies must obtain written approval before paying for expenses that will later be deducted from a model’s paycheck, and must provide itemized explanations of how charges are computed.
– Contract term limits: Representation agreements cannot exceed three years, and automatic renewal clauses without the model’s written approval are prohibited.
Digital Replica Rights
The Act provides crucial protections regarding artificial intelligence and digital manipulation. Model management companies and clients must obtain clear written approval from models before creating or using their digital replica. This approval must be separate from representation agreements and must detail the scope, purpose, rate of pay, and length of time the replica will be used.
Importantly, any power of attorney agreements between models and management companies can no longer include the creation or use of digital replicas, and any pre-existing agreements covering digital replicas are void as of June 19, 2025.
Language Access Rights
Models have the right to receive booking agreements and deal memos in their preferred language, ensuring that language barriers do not prevent understanding of contract terms.
Protection from Harassment and Abuse
Model management companies and clients must establish written policies addressing abuse, harassment, and inappropriate behavior that meet or exceed current legal protections. These policies must be shared with all represented models.
The Act also protects models from unauthorized use of sexually explicit or nude images. Under New York State Civil Rights Law Section 52-c, models must give voluntary and knowing written consent before any sexually explicit or nude photos can be distributed, shared, or used.
This consent must be provided through a separate agreement written in plain language. Model management companies must ensure that any modeling work they secure complies with these protections.
Power of Attorney Protections
While model management companies may still enter into power of attorney agreements with models, such agreements must now be optional and cannot be required as a condition of representation. Models must be able to terminate these agreements at any time, and the agreements may only cover modeling services—not digital replicas.
How to Enforce Your Rights
Models who believe their rights have been violated have multiple avenues for recourse:
1. File a complaint with the New York State Department of Labor by emailing FashionWorkers@labor.ny.gov
2. Pursue court action for violations of the Act
3. Report harassment to the New York State Division of Human Rights or call the statewide sexual harassment hotline at 1-800-HARASS-3
When violations are proven in court, models may recover actual damages, attorney fees and costs, and potentially additional liquidated damages of up to 100% of actual damages (or up to 300% for willful violations).
Moving Forward
The Fashion Workers Act represents a watershed moment for model rights in New York State. Models should review their existing contracts with legal counsel to ensure compliance with the new law, as pre-existing agreements that violate the Act may be void or unenforceable.
If you are a model working in New York State and believe your rights under the Fashion Workers Act have been violated, you should should consider consulting with an employment law attorney. Such legal professionals can help explore all available legal remedies, including those available under the Fashion Workers Act or other workplace laws.
