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Updated: 02/15/2024
New York Fashion Workers Act
AMA Achieves Legislative Victory for our Membership
We are thrilled to announce a landmark victory in our advocacy efforts after two years of relentless work and strategic lobbying by our team at Manatt.
January 28th, 2024: Senator Hoylman-Sigal's amendment to bill S2477-B has successfully removed all references to Creative Management Agencies, a crucial step forward.
February 8th, 2024: Assemblymember Reyes aligned her bill, A5631-B, with the Senate's version, ensuring uniformity and addressing our concerns across both legislative bodies.
The initial bill would have created enormous unintended challenges for our members, adversely affecting a wide array of professionals we represent and our business practices. Thanks to your support and our collective action, we have not only mitigated these challenges but also demonstrated the significant impact of our collaborative efforts.
The anticipated passage of this amended bill in the Senate and its potential enactment into law pending the Governor's signature stands as a testament to our commitment and the power of unity.
We extend our gratitude to everyone involved in this journey. Your dedication has been instrumental in reaching this milestone. Together, we have shaped a more favorable legislative environment for our members and the broader creative community.
Updated: 06/03/2022
Good News!
The New York Fashion Worker’s Act is officially back in the Rules Committee; which means we have a reprieve and it will not be signed into law this year.
Thank you to our AMA community, the AMA board, our partners at APA, 4A, ANA and our artists for their support and swift action. The community engagement and outreach made all the difference and now gives us the time to work with the bill sponsors, at their invitation, to help them better understand the impacts of this broad-reaching bill upon the non-modeling industry and to explore amendments that address our concerns. The bill will be up for a vote again in January 2023, so there is still work to be done. Please donate now to help cover the legal and lobbyist costs as we move ahead. We will still need continued financial support in the coming months to fight this legislation.
Over these past few weeks, the AMA has shown our community the importance of our association which only gets stronger as we grow. If you are not already a member, please join today and you too can be part of shaping the future of our industry.
Thank you,
The AMA Board
Updated: 05/31/2022
Urgent Action Items for AMA Community regarding the New York Fashion Worker’s Act
To our community,
Registering your opposition to this bill is critical. To do so, please reach out to your local Senators.
Below you will find links to NY State Senators and Assembly Members as well as a link to call and email scripts to help provide direction when reaching out. Please feel free to make these your own and revise them to work for you and your company.
Below please find the AMA’s Memo of Opposition as well as the 5/31/22 newsletter to our community.
To our community,
The AMA is actively advocating against the “New York State Fashion Workers Act” (S.8638-A/A.9762-A), through direct lobbying and grassroots lobbying efforts. We are acting to oppose the legislation as quickly as possible because the bill is already on the Senate Floor and could pass the Senate at any moment, and is in the Assembly Labor Committee and similarly can be passed from that committee and move to the Assembly Floor at any time. The legislative session is scheduled to end on or about June 2nd or 3rd, so the immediate goal is to generate as much opposition over the next several days. The bill is sponsored by Senator Brad Hoylman (D-Manhattan) and Assemblymember Karines Reyes (D-Bronx).
Our grassroots strategy is to have calls and emails directed to Senators and Assembly Members and urge them to oppose the bill and vote “no” if it comes up for a vote. Calls and emails can be made/sent to as many legislators as one would like, although the priority is to contact those for whom the caller/emailer is a constituent (i.e., resides in the district) or works in the legislative district (Note: if a person has any other connection to the legislator (e.g., acquaintance, friend, relative, etc.), a communication can also be directed to such legislator(s)).
New York State Senator information can be found at www.nysenate.gov/senators-committees and there is a “Find Your Senator” link on the page, although each Senator also has a link to a map of their legislative district on their website if you prefer to search that way. Email and phone number [use the Albany phone number] can be found under the “Contact” tab on the toolbar.
New York State Assemblymember information can be found at www.nyassembly.gov/mem/ and there is a “Who is my Assemblymember” link www.nyassembly.gov/mem/search/ on that page. Email and phone number [use the Albany phone number] can be found under the “Contact” tab on the toolbar.
Here is a list of NY State Senators and Assembly Members that the majority of photo studios reside. Check the Map to make sure your place of business or residence falls within the legislators map.
Here you can find the AMA's Memo of Opposition.
The following are template Call Scripts and Emails:
Call Script
Senators:
Hello, my name is [name] and I am a constituent of the Senator [or I work in the Senator’s district] and I am urging the Senator to oppose S.8638-A, the Fashion Workers Act, which would result in significant new costs upon creative firms and artists, including many that aren’t involved in the fashion industry. The bill will harm our small businesses and artists, such as photographers, hair and make-up artists, stylists and others, and drive this critical industry out of New York. We need the Senator’s help to stop this bill and we ask that the Senator vote “no” if it comes up for a vote. Thank you.
Assembly Members:
Hello, my name is [name] and I am a constituent of the Assemblymember [or I work in the Assemblymember’s district] and I am urging the Assemblymember to oppose A.9762-A, the Fashion Workers Act, which would result in significant new costs upon creative firms and artists, including many that aren’t involved in the fashion industry. The bill will harm our small businesses and artists, such as photographers, hair and make-up artists, stylists and others, and drive this critical industry out of New York. We need the Assemblymember’s help to stop this bill and we ask that the Assemblymember vote “no” if it comes up for a vote. Thank you.
Email Script
Senators
Dear Senator,
[Optional: I am a constituent and/or I work in your district and] I’m writing to urge you to oppose S.8638-A, the Fashion Workers Act, which would result in significant new costs upon creative firms and artists, including many that aren’t involved in the fashion industry. The bill purports to apply only to the fashion industry, but its definitions would extend to the advertising industry generally, affecting a hallmark New York industry that has not been consulted nor has there been any consideration to the impacts to this critical economic sector.
This bill would squeeze many small businesses, including many of which are woman-owned, by adding substantial new costs and capping commissions. Such costs and mandates would render our business operations unsustainable and force many businesses to close or consider relocating. It would also increase costs for advertising and brands, likely compelling them to look to other states for advertising. Artists too will suffer through the loss of job opportunities, and many will be forced to pursue advertising work in other states.
The legislation’s “one-size fits all” approach to an entire sector that goes well beyond fashion workers, will disproportionately impact small businesses and irrevocably harm New York’s artistic economy and I urge you to oppose this legislation and vote “no” if it comes up for a vote. Thank you.
Sincerely,
If you work in the Senate District:
[Name]
[Business name]
[Business address]
or
If you are a constituent of the Senate District:
[Name]
[Home address]
Assembly Members
Dear Assemblymember,
[Optional: I am a constituent and/or I work in your district and] I’m writing to urge you to oppose A.9762-A, the Fashion Workers Act, which would result in significant new costs upon creative firms and artists, including many that aren’t involved in the fashion industry. The bill purports to apply only to the fashion industry, but its definitions would extend to the advertising industry generally, affecting a hallmark New York industry that has not been consulted nor has there been any consideration to the impacts to this critical economic sector.
This bill would squeeze many small businesses, including many of which are woman-owned, by adding substantial new costs and capping commissions. Such costs and mandates would render our business operations unsustainable and force many businesses to close or consider relocating. It would also increase costs for advertising and brands, likely compelling them to look to other states for advertising. Artists too will suffer through the loss of job opportunities, and many will be forced to pursue advertising work in other states.
The legislation’s “one-size fits all” approach to an entire sector that goes well beyond fashion workers, will disproportionately impact small businesses and irrevocably harm New York’s artistic economy and I urge you to oppose this legislation and vote “no” if it comes up for a vote. Thank you.
Sincerely,
If you work in the Assembly District:
[Name]
[Business name]
[Business address]
or
If you are a constituent of the Assembly District:
[Name]
[Home address]
Updated: 05/25/2022
Update on the New York Fashion Worker’s Act
To our community,
We hope everyone is continuing to stay safe and in good health.
Recently, a bill has been proposed in the New York State Senate which will affect our membership because it provides new rules and regulations for model and creative management companies.
This Act, if passed in its current text, will establish new requirements for all creative management companies doing business in New York and may create financial implications for companies with 5 or more employees.
Potential implications
Annual registration requirement in the state of New York within one year of the Act passing
All companies with 5+ employees to pay a surety bond of $50,000
Requirement to pay all artists within 45 days of the last shoot date
Commission will be capped at 20% (including photographers)
Additional provisions will cap certain expenses charged to Artists
Restriction on the right to have automatic renewals on all Artist Agreements
Failure to comply will trigger civil penalties up to $3,000 for the first violation and up to $5,000 for each additional violation
Intentional failure to comply with registration constitutes a class B misdemeanor
This act has passed the NY State Senate Labor Committee and is now headed to the Senate Finance Committee for a vote. If it passes the Senate, it will proceed to the Governor, who will either sign it into law or veto it. Supporters of the bill are hoping that this could happen as early as June.
The AMA is investigating how this act will affect its member agencies. To support the work that we are doing, join a committee or become a member today.
REFERENCES
This information is designed as a service to the AMA community intended only to provide general information.