New York Fashion Worker’s Act Best Practices

Best Practices created by Esther Grace Law

Effective June 19, 2025, the New York State Fashion Workers Act (“Act”) establishes new labor protections for models, aiming to address long-standing concerns in the fashion industry related to transparency, wage theft, and unsafe working conditions. While the law primarily regulates model agencies, it also imposes certain legal responsibilities and operational considerations on clients that engage models in New York.

Why This Matters for AMA Members
AMA members need to be cognizant of when they could qualify as a Client under the law, as they may be held liable for labor

violations related to delayed payment, unsafe working conditions, or other non-compliant practices.

The Act defines a “Client” as: “a retail store, a manufacturer, a clothing designer, an advertising agency, a photographer, a publishing company or any other such person or entity that receives modeling services from a model, directly or through intermediaries.”

Key Provisions Impacting Clients/Hiring Parties

1. Engaging Registered Model Management Companies Only

• Starting June 19, 2025, Clients should only engage models who are represented by a model management company that is registered with the New York State Department of Labor. Working with unregistered or non-compliant agencies may expose a Client’s business to legal and reputational risk.

2. Transparency in Model Compensation

• Clients should ensure models are working under a written agreement that clearly outlines payment terms and working conditions.

• Clients should be aware that models must be paid within 45 days of completing the job. While the model’s agency is directly responsible for payment, Clients will likely be asked to provide timely payment and clear documentation to facilitate compliance.

3. Overtime Pay

• Clients are required to pay models at an overtime hourly rate at least 150% of their contracted hourly rate for any job over 8 hours. At least one 30-minute meal break is also required for any job exceeding 8 hours.

4. Prohibited Practices

• Models cannot be subject to undisclosed fees, wage withholding, or commissions that have not been properly agreed upon. Clients should avoid contributing to any arrangement that may constitute a conflict of interest.

5. Use of Digital Replicas

• Under the Act, the use of a model’s digital likeness or AI-generated replica now requires the model’s advance written consent. The consent must include a detailed scope, purpose, and duration of use.

6. Workplace Safety Responsibilities and Anti-Retaliation Measures

• Clients are jointly responsible for ensuring a model’s working environment is safe, especially for minors.

• This safety requirement includes monitoring hours, conditions on set, and ensuring proper accommodations.

• Models who raise complaints or report violations are protected from retaliatory behavior.

Recommended Next Steps for Ensuring Compliance Under the Act

• Verify model agencies registration compliance via New York State Department of Labor public listing.

• As a hiring party, update any model engagement agreements to make sure they are compliant with the new legal standards.

• Review payment practices to ensure models are paid in a timely and transparent manner.

• Develop and enforce on-set safety protocols.

• Designate a point person to be available to respond to model concerns.