New York Fashion Worker’s Act
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Bill Sponsors
Brad Hoylman-Sigal (D-Manhattan)
Assemblywoman Karines Reyes (D-Bronx)
UPDATE | 07/07/2023
The New York State Fashion Workers Act (NYSFWA)(S.2477-A/A.5631-A), passed the New York State Senate on June 8, 2023 by a vote of 45-17, but failed to pass the State Assembly prior to both legislative houses adjourning earlier this month. The Artist Management Association (AMA) supported many of the bill’s protections for models, but were concerned with the ill-fitting applicability of many of those provisions to creatives (aka our artists) and creative managers, including a 20% cap on commissions and a requirement that creative managers render payment to creatives no later than 45 days after completion of services. Following nearly a year of persistent advocacy by the AMA, the sponsors of the legislation agreed to remove creatives and creative managers from the purview of the NYSFWA, for which we are appreciative.
While the State Senate and the Assembly have adjourned for the session, there is the possibility- although unlikely - that they could reconvene later this calendar year and that the Assembly could ultimately pass the legislation. More likely, however, is that after the State Legislature convenes the next legislative session in January 2024, it will again consider the NYSFWA.
The AMA will remain engaged regarding the bill in the interim to ensure that any changes that may be considered during the “off-session” do not reverse the progress we have made and that the bill continues to not apply to creatives and creative managers.
UPDATE | 04/19/2023
The New York State Assembly has recently reintroduced the New York State Fashion Worker Act legislation, joining the State Senate, which reintroduced the bill in January 2023. The stated intent of S.2477, introduced by Senator Brad Hoylman-Sigal (D-Manhattan), and A.5631, introduced by Assemblywoman Karines Reyes (D-Bronx), is to provide “basic labor protections” for workers in the fashion industry. The bill’s mandates are far-reaching, however, and would apply to any model or creative in any “modeling services” production involving “a model in photographic sessions or the engagement of a model in live runway, live, filmed, or taped performances, including on social media platforms…for purposes of display or advertising…”
The legislation establishes a registration process for modeling management and creative management companies, and prohibitions regarding fee collection, accommodation charges, payment deductions, contract renewals, commission fees, retaliatory actions, discrimination and harassment, and visa actions.
While the Artist Management Association (AMA) has communicated to the bill sponsors and other legislators our strong support for model protections, we have also expressed our strong opposition to including creative management companies within the mandates of the bill – given it clearly appears to have been drafted to address bad acts involving models and demonstrates a lack of understanding of the artist management industry. The AMA has further highlighted concerns about the lack of outreach by the State Legislature to other important stakeholders, including the advertising industry, and the need for their input to ensure this multi-billion dollar economic driver for New York State does not move its productions to other states.
To date, the AMA has participated in dozens of meetings with legislators and legislative staff, including the bill sponsors, and we will continue to advocate for amendments to remove creatives and creative management companies from the bill. As we stated in our memo in opposition to the legislation, “the ‘one-size fits all’ approach of this bill will disproportionately impact emerging creatives and small businesses, many of them woman-owned, and irrevocably harm New York’s artistic economy.” The requirements that creative managers render payment to creatives no later than 45 days after completion of services, have a commission cap of 20 percent, and that all contracts must include terms and conditions pre-approved by the State Department of Labor; reflect a fundamental lack of understanding of our industry and, if enacted into law, would undermine our ability to serve the artists we represent and would force many artist management companies out of business, depriving artists of vital services. The AMA will continue to press the State Legislature, until and beyond its scheduled date to adjourn on June 8th, to protect the artist industry by either not passing or by amending the bill.
UPDATE | 06/03/2022
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.
UPDATE | 05/31/22
To our community,
The AMA is actively advocating against the “New York State Fashion Workers Act” (S.2477 / A.5631), 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 Assembly member 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 Assembly member information can be found at www.nyassembly.gov/mem/ and there is a “Who is my Assembly member” 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.
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3/16/23 | Assemblymember Gina Sillitti
518-455-5192 | sillittig@nyassembly.gov
Assembly District 16 | D-Nassau
3/13/23 | Assemblymember Andrew Hevesi
Assembly District 28 | D-Queens
518-455-4926 | hevesia@nyassembly.gov
3/7/23 | Senator Jessica Scarcella-Spanton
Senate District 23 | D-Staten Island
518-455-2437 | spanton@nysenate.gov
2/27/23 | Senator Jack Martins
Senate District 7 | R-Nassau
518-455-2677 | martins@nysenate.gov
2/23/23 | Assemblymember William Colton
D-Kings
518-455-5828 | coltonw@nyassembly.gov
2/23/23 | Senator James Skoufis
D-Orange, Ulster, Rockland
518-455-3290 | skoufis@nysenate.gov
2/23/23 | Assemblymember Nily Rozic
Assembly District 25 | D-Queens
518-455-5172 | rozicn@nyassembly.gov
2/22/23 | Assemblymember Kenny Burgos
D-Bronx
518-455-5514 | burgosk@nyassembly.gov
1/12/23 | Assemblymember Michael Benedetto
D-Bronx
518-455-5296 | benedettom@nyassembly.gov
12/5/22 | Assemblymember Nathalia Fernandez
D-Bronx
518-455-5844 | fernandezn@nyassembly.gov
11/29/22 | Assemblymember Harry Bronson
D-Monroe
518-455-4527 | bronsonh@nyassembly.gov
11/23/22 | Senator Sean Ryan
D-Erie
518-455-3240 | ryan@nysenate.gov
11/17/22 | Senator Jessica Ramos
D-Queens
518-455-2529 | ramos@nysenate.gov
11/3/22 | Assemblymember Catalina Cruz
D-Queens
518-455-4567 | cruzc@nyassembly.gov
11/2/22 | Assemblymember Karines Reyes
D-Bronx
10/31/22 | Assemblymember Latoya Joyner
D-Bronx
518-455-5671 | joynerl@nyassembly.gov
10/26/22 | Senator Patrick Gallivan
518-455-3471 | gallivan@nysenate.gov
R-Erie, Livingston, Monroe, Wyoming
10/25/22 | Senator Shelley Mayer
518-455-2031 | smayer@nysenate.gov
D-Westchester
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Registering your opposition to this legislation is critical. To do so, please reach out to State Senators and Assemblymembers who represent you where you live and/or work.
Below you will find call + email scripts. Feel free to adjust as necessary.
Link to Call & Email Scripts
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.2477, the NYS Fashion Worker’s Act, which would result in significant new costs upon creative firms and creatives, such as photographers, creative directors, hair and makeup artists and other, 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.5631, the NYS Fashion Worker’s Act, which would result in significant new costs upon creative firms and creatives, including many that aren’t involved in the fashion industry. The bill will harm our small businesses and creatives, such as photographers, creative directors, hair and makeup 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.2477, the NYS Fashion Worker’s Act, which would result in significant new costs upon creative firms and creatives, 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 that are woman-owned, by adding substantial new costs and capping commissions below accepted market rates. Such costs and mandates would render our business operations unsustainable and force many of our 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. Creatives 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 Assembly member,
[Optional: I am a constituent and/or I work in your district and] I’m writing to urge you to oppose A.5631, the NYS Fashion Worker’s Act, which would result in significant new costs upon creative firms and creatives, 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 that are woman-owned, by adding substantial new costs and capping commissions below accepted market rates. Such costs and mandates would render our business operations unsustainable and force many of our 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. Creatives 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]
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