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Fashion Workers Act signed into NY law: What does this mean for the industry?

By Rachel Douglass

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Business
Credits: Model Alliance

After what has been a lengthy legislative process, the Fashion Workers Act has officially been signed into law in New York. The bill intends to regulate the modelling and creative industries in the state, specifically tackling “predatory management agencies” that have previously gone unchecked.

Set to go into effect from June 2025, the Fashion Workers Act will ensure models are granted access to contracts with their own clients, increased transparency into expenses, safeguards against harassment and a formal channel to report violations, among other protections. Model and content creator management agencies will also, for the first time, be required to register with the state and will “have a legal obligation to act in the best interest of the people they represent”. The bill further addresses protections against the misuse of artificial intelligence (AI).

To celebrate, Sara Ziff, founder of Model Alliance, which was behind the act’s introduction in 2022, shared an open letter on the labour rights organisation’s website, in which she dubbed the signing a “landmark victory” that would send a message to workers across the fashion industry “that they deserve to be treated with dignity and respect”.

Upon attempting to get the act passed, Model Alliance faced an array of challenges and backlash from those the bill would essentially regulate. It further had to pass through the senate twice since its initial introduction, requiring adaptations to its original document. This came despite widespread support from those in the fashion industry who have continued to stand defiantly by the act, either as endorsers–namely the CFDA, Remake and Another Tomorrow–or as voices of those previously impacted by the lack of regulation.

Workers rights act passes after increased pressure from over 200 models

Model and singer Karen Elson was among those actively speaking on the subject after facing difficulties throughout her 25 years in the industry. In a statement, Elson had said: “Far too often models go to work without having a clear understanding of what they are earning, then sometimes must wait up to a year to be then paid a mere fraction of what they thought they were receiving. It’s unethical and should be illegal for such practices to continue. This legislation would create much needed checks and balances for not just models but all creatives in the fashion industry.”

Prior to the bill, management agencies sat under the “incidental booking exception” of New York State General Business Law, allowing them to escape licensing and regulation. Firms had the right to further accept payments on behalf of models, many of whom were further subject to unsatisfactory living conditions and unjust rental fees. From June, such agencies will be required to pay models and creatives within 45 days of completing a job, as well as carry out health and safety checks on set, all of which had not yet been essential.

Pressure on governor Kathy Hochul to sign the act into law before the end of the year–after which it would have been subject to another round in the assembly–had been elevated last week when over 200 top fashion models, including Helena Christensen, Alessandra Ambrosio and Christy Turlington, sent an open letter urging for the bill’s approval.

The letter, which was seen and reported on by The Guardian, read: “As models, we know firsthand how urgently we need basic labor protections to create a safe, equitable work environment in the fashion industry. Each one of us has a story that demonstrates how New York is failing the faces of one of its most culturally vibrant, economically significant industries in the world.”

It was a similar experience that led Ziff to launch the act in the first place, with the model having previously witnessed the “massive power imbalance between models and their management agencies”. “When I started speaking out and organising my peers, I was treated like a pariah. We had a lot of structural sexism to overcome, but I knew we were right and our concerns were legitimate,” she noted.

Ziff went on to thank every person who participated in the campaign, as well as the bill’s sponsors, senator Brad Hoylman-Sigal and assembly member Karines Reyes. She concluded: “We will be back in the new year to share more about the rights we’ve won and our plans for the work ahead.”

Fashion Law
Modelling
New York
Workers Rights