Know Your Rights

The Fashion Workers Act

What Every Model Needs to Know

Last updated: February 2026

At a Glance

Official Name

New York State Fashion Workers Act (NYS Labor Law, Article 36)

Signed

December 21, 2024 by Governor Kathy Hochul

Effective Date

June 19, 2025 (all provisions except registration)

Registration Deadline

Model management companies must register with NY Dept. of Labor by June 19, 2026

Championed By

Model Alliance (Sara Ziff) and Senator Brad Hoylman-Sigal

Enforced By

New York State Department of Labor

Penalties

Up to $3,000 first violation; $5,000 subsequent violations; private right of action within 6 years

Who Does It Cover?

Models

Any individual who performs modeling services — regardless of whether they're classified as an employee or independent contractor.

Model Management Companies

Any person or entity that manages models, procures employment for models for a fee, or provides vocational guidance or counseling for a fee. Includes traditional agencies and may include social media/influencer agencies.

Clients

Retail stores, manufacturers, designers, advertising agencies, photographers, publishing companies, or any entity receiving modeling services directly or through intermediaries.

The FWA applies to any model management company that conducts business, represents models, or is based in New York State — even if headquartered elsewhere. However, it only covers work performed in or connected to New York.

Your Rights Under the FWA

1Fiduciary Duty

Your agency now has a legal fiduciary duty to you — they must act in your best interest in all negotiations, contracts, financial management, and protection of your legal and financial rights. This is the same standard applied to lawyers and financial advisors.

2Payment Protections

•Agencies must disburse payment within 45 days of job completion. If a client is paying you directly, payment must be made within 30 days under the separate Freelance Isn't Free Act.
•Commission capped at 20% of total compensation
•No signing fees or deposits
•No unauthorized deductions — only agreed commission and pre-approved itemized expenses
•Quarterly documentation so you can verify every charge

3Contract Transparency

•Written deal memos at least 24 hours before work begins (scope, pay, payment terms)
•Final booking agreements within 7 days of booking end, in the language you request
•No contracts longer than 3 years
•No automatic renewal without written consent
•No mandatory power of attorney as condition of representation

4Workplace Safety

•Overtime at 1.5x for work exceeding 8 consecutive hours
•30-minute meal break for work exceeding 8 hours
•Right to bring a representative to any job
•Only safe jobs — no unreasonable risk of danger
•Clients must carry liability insurance

5Anti-Harassment & Anti-Retaliation

Agencies cannot discriminate or harass based on protected status. They cannot retaliate for filing complaints, declining unsafe bookings, or exercising your rights under the FWA.

6Nudity & Explicit Content

A separate signed agreement is required before any work involving nudity or sexually explicit material. You have the right to rescind consent.

Digital Replicas & AI

Definition: Digital Replica

A significant, computer-generated or AI-enhanced representation of your likeness — face, body, or voice — that substantially replicates your appearance or performance. This does NOT include routine retouching.

•Separate, explicit written consent required before creating or using your digital replica
•Consent must detail scope, purpose, rate of pay, and duration
•Must be independent from your representation agreement
•New approval required for any use not covered by original consent
•Power of attorney can no longer cover digital replicas — existing agreements covering this are void

While agencies cannot condition representation on digital replica consent, the law does not explicitly prevent clients from only hiring models who agree. This is a known gap. If you feel pressured, document it and consider filing a complaint.

Agency Registration

•As of December 21, 2025, agencies must register with the NY Department of Labor
•Registration deadline: June 19, 2026
•$500 fee (5 or fewer employees) / $700 fee (more than 5)
•Must renew every two years
•Must display Certificate of Registration physically and on website

How Is It Enforced?

Filing a Complaint

•File with NY Department of Labor: FashionWorkers@labor.ny.gov
•Private right of action in court within 6 years
•NY Attorney General can pursue enforcement without a model filing a complaint

Penalties

•Up to $3,000 first violation; $5,000 subsequent
•Actual damages plus attorney's fees
•Liquidated damages up to 100% (or 300% if wilful)

If the Dept. of Labor sends a complaint notification to an agency/client, they must respond within 20 days. No response = the Department may determine the violation occurred. Document everything.

What This Means Beyond New York

The Precedent

✓First U.S. law of its kind — sets a precedent for other jurisdictions
✓International agencies operating in NY must comply for NY work
✓Similar legislation expected in other jurisdictions
✓Raises the baseline for agency practices globally

What It Doesn't Cover

✗Does not reclassify models as employees
✗No proactive compliance monitoring — enforcement is complaint-based
✗Work outside NY not covered unless NY-connected
✗Client-side digital replica pressure not fully addressed

Practical Steps You Can Take Now

Review your current agency contract for power of attorney clauses, commission rates above 20%, auto-renewal, and terms longer than 3 years

Request deal memos at least 24 hours before work begins

Track your payments — note job dates and payment dates (must be within 45 days)

Never sign digital replica consent without understanding scope, purpose, pay, and duration

Keep records of everything — contracts, emails, texts, pay stubs. You have 6 years to file

Know where to report: FashionWorkers@labor.ny.gov

Check your agency’s registration by June 19, 2026

How Model ID Supports These Rights

The FWA	Model ID
Creates legal obligations for agencies in New York	Provides global accountability for models working anywhere
Requires registration with NY Dept. of Labor	Provides certification that verifies ethical standards
Requires written consent for digital replicas	Building Digital Twin Authorization to manage AI consent at scale
Enforcement depends on models filing complaints	Anonymous and named reporting system tracks patterns
Covers New York only	Operates globally
Penalties come after violations occur	Warning and enforcement system identifies problems early

The FWA is a landmark achievement. But laws work best when people know their rights and have tools to exercise them. That's what Model ID is here for.

Resources

NY Department of Labor — Fashion Workers Act

dol.ny.gov/fashion

File a Complaint

FashionWorkers@labor.ny.gov

Model Alliance — FWA Explainer & Enforcement Guide

modelalliance.org/fwa

Model ID — Get Certified

Certification for models, creatives, agencies, and brands

This guide is published by the International Modeling Foundation for educational purposes only. It does not constitute legal advice. For questions about your specific situation, consult a qualified attorney.