New York Fashion Workers Act – Major Changes to the Modeling Industry

New York State’s Fashion Workers Act, which provides new legal protections for models, went into effect on June 19, 2025. The Act provides new protections regarding the rights of those individuals providing various types of modeling services, including live runway, live performances, filmed or taped performances, posing, fit modeling, photoshoots and modeling in print displays or advertisements. 

Although this law will primarily affect the operations of model management companies, fashion and beauty brands, as well as those in the media and entertainment industry, should take note of these new requirements.

New Duties for Model Management Companies

• Must act in good faith and the best interests of models
• Required to ensure jobs are safe, paid, and transparent
• Written deal memos, digital replica consent and fee disclosures are mandatory
• Cannot charge upfront fees or exceed 20% commissions
• Fiduciary duty now legally enforced; violations could result in lawsuits and penalties

Clients (Brands, Media, etc.) Must Now:

• Pay 50% overtime premium after 8 hours of work in a 24-hour period
• Ensure models get meal breaks, written anti-harassment policies and liability insurance
• Obtain explicit written consent for nudity or digital replicas
• Allow models to bring a representative (e.g., agent or chaperone)
• Cannot retaliate against models who exercise their rights

Registration Requirements for Model Management Companies

• Model management companies must register with NYDOL by June 19, 2026
• Registration number must appear in ads, contracts, and be posted in offices and online

Penalties for Violations

• Civil penalties start at $3,000 for an initial violation and increase to $5,000 for each subsequent violation
• Noncompliance with registration requirements may result in being barred from operating in New York
• Models have a private right of action and may recover actual damages, reasonable attorneys’ fees and costs and up to 300% in liquidated damages for willful violations
• Clients must respond to Department of Labor notices within 20 days to avoid default penalties

Our Labor & Employment team is available to assist employers in attaining compliance with all New York Labor Laws, including the Fashion Worker’s Act and other employment related matters, as well as responding to NYDOL complaints and investigations.  

Read more in our latest Client Alert below.