New York State Fashion Workers Act FAQs

Q: My representation agreement with my Model Management Company predates June 19, 2025, but does not align with the now-effective Fashion Workers Act. Am I stuck in this contract?

A: An existing contract or certain terms in the contract may violate the Fashion Workers Act. For review and analysis of the specific terms of your contract, you should seek advice from your legal counsel.

Q: My model management company got a modeling job for me, but I didn’t learn how much it paid until after I finished the work. Is that allowed?

A: No. As of June 19, 2025, under the New York State Fashion Workers Act, your model management company is required to provide you with a deal memo that lists the total compensation for any job before you start work. You must also have the chance to agree to the compensation listed in the deal memo. You have the right to file an action in court or you can file a complaint with the New York State Department of Labor after June 19, 2025 by emailing [email protected].

Q: I received a deal memo from my model management company for a job that states a payment term of 30 days. However, it has been well over 30 days and I still have not received my payment. What can I do?

A: As of June 19, 2025, under the New York State Fashion Workers Act, your model management company is required to provide you with a deal memo that specifies the payment term. If your client or model management company fails to disburse payment to you within the term specified, you have the right to file an action in court or you can file a complaint with the New York State Department of Labor. 

Q: I am about to sign a representation agreement with a model management company. The company said that in order to get me modeling work, I am required to sign a power of attorney agreement with them. Is that correct?

A: No. A model management company cannot require you to enter into a power of attorney agreement in order to represent you. Any power of attorney agreement between you and a model management company must be optional. You must be able to leave any power of attorney agreement at any time. You have the right to file an action in court or you can file a complaint with the New York State Department of Labor after June 19, 2025 by emailing [email protected].

Q: English is not my native language. My model management company sends me booking agreements and deal memos in English. Does my model management company have to provide me with booking agreements and deal memos in the language I prefer?

A: Yes. Model management companies must provide you with final booking agreements and deal memos in the language you request.

Q: My model management company booked a deal for a brand to use my digital replica, but I didn’t get to see the contract before it was finalized. I feel uncomfortable not knowing how my digital replica will be used. My representation agreement says that my model management company has power of attorney and so they were able to negotiate and sign the deal on my behalf. Is there anything I can do?

A: Yes. Under the Fashion Workers Act, any power of attorney agreement between a model management company and a model can no longer include the creation or use of a model’s digital replica (i.e. a computer-generated or artificial intelligence-enhanced representation of a model). Models must provide separate and explicit written consent regarding the use of their digital replica by model management companies and clients. Additionally, as of June 19, 2025, any power of attorney agreement that previously included the use of a model’s digital replica is no longer valid. You have the right to file an action in court or you can file a complaint with the New York State Department of Labor. 

Q: My model management company arranged and paid for a hotel while I was working on a job they got for me. When I was paid for the job, my model management company took the cost of the hotel out of my check. I would have stayed at a less expensive hotel had I known that I was paying for it. Is there anything I can do to prevent this from happening again?

A: Yes. Under the Fashion Workers Act, your model management company must get your written approval on any costs they plan to pay for up front but will later take out of your payment and they must do this before any charges are made. In this case, your model management company should have provided the cost of the hotel per night in writing and asked you to sign a document agreeing to pay for it out of your compensation. You have the right to file an action in court or you can file a complaint with the New York State Department of Labor after June 19, 2025 by emailing [email protected].

Q: In reviewing a representation agreement with a model management company, the agreement states I will be represented by them exclusively for 5 years. Is that allowed?

A: No. Under the Fashion Workers Act, model management companies cannot ask you to sign a representation agreement for more than three years.

Q: My representation agreement with my model management company is set to automatically renew without my approval after June 19, 2025. I do not want to be represented by my current model management company anymore and I feel stuck in this agreement. Is there anything I can do?

A: It depends. Under the Fashion Workers Act, your model management company is prohibited from requiring you to sign a representation agreement that automatically renews without your approval. The enactment of the Fashion Workers Act could impact the renewal of your contract. If you’re concerned, you could seek the advice of an attorney or model advocacy organization.

Q: My model management company charges 35% commission for every job they book for me. Is this legal?

A: No. Under the Fashion Workers Act, your model management company cannot charge more than a 20% commission fee. You have the right to file an action in court or you can file a complaint with the New York State Department of Labor after June 19, 2025 by emailing [email protected].

Q: My model management company required a $1,000 signing fee when I signed my representation agreement with them. Is this legal?

A: No. Under the Fashion Workers Act, your model management company cannot charge a fee or collect a deposit when signing an agreement with them. You have the right to file an action in court or you can file a complaint with the New York State Department of Labor after June 19, 2025 by emailing [email protected].

Q: I responded to an advertisement to provide modeling services and was told I need to pay a fee or place a deposit to hold my spot to be considered. Do I have to pay?

A: This advertisement could be fraudulent or a scam. The Fashion Workers Act prohibits a company from requiring or collecting any fee or deposit from a model upon the signing of, or as a condition to entering into, any contract or agreement.

Q: I am about to work on a booking where sexually explicit photos will be taken of me. I am worried that these photos will be used or shared in a way that I don’t agree to. Does the law protect me in any way from having sexually explicit or nude photos shared without my approval?

A: Yes. Under the Fashion Workers Act, model management companies or model management groups must make sure any modeling work they secure for you does not violate New York State Civil Rights Law Section 52-c. It is against New York State Civil Rights Law for sexually explicit or nude photos of you to be distributed, shared, or used in a way you do not agree to. You must voluntarily and knowingly sign an agreement that is written in plain language before the distribution or use of sexually explicit or nude photos of you. If sexually explicit or nude photos of you have been shared, used, or distributed in a way you did not agree to, you have the right to file a complaint with the New York State Division of Human Rights or file an action in court.

Q: I was recently sexually harassed on a job that my model management company booked for me. Do I have rights as a fashion worker that protect me from sexual harassment? Am I able to report this?

A: Yes, you may report this. Sexual harassment is against New York State law and every employer must adopt a sexual harassment prevention policy. If your model management company does not have a company policy that addresses abuse, harassment, and other inappropriate behavior or they did not share it with you in writing, you will have the right to file a complaint with the New York State Department of Labor after June 19, 2025 by emailing [email protected].

You also have the right to file a complaint with the New York State Division of Human Rights about the harassment you experienced. Sexual harassment is a form of discrimination under New York State Human Rights Law. To file a complaint visit the Division of Human Rights or call the statewide sexual harassment hotline to receive free legal counsel about workplace harassment at 1-800-HARASS-3, Monday through Friday, 9:00 AM to 5:00 PM.

You may also have a private cause of action and should seek your own legal counsel.

Q: My model management company or my model management group received a notice from the New York State Department of Labor stating that a model filed a complaint against us. How long do I have to send my response to the New York State Department of Labor?

A: You must respond to a New York State Department of Labor complaint notice no more than 20 days after receiving it. If you do not respond to the New York State Department of Labor’s complaint notification within 20 days of receiving it, the Department may determine that the violation alleged in the complaint occurred. The Department may also assess civil penalties as appropriate.

Q: Can a model sue our model management company or our model management group in court for violating the Fashion Workers Act?

A: Yes. A model can sue a model management company or model management group for:

• Not fulfilling the duties of model management companies or model management groups established by the Fashion Workers Act.
• Not abiding by the prohibitions for model management companies or model management groups established by the Fashion Workers Act.

Q: Are there civil court penalties for violating the Fashion Workers Act? What are they?

A: Yes, if a court finds that a model management company or model management group violated the stated duties and/or prohibitions in the Fashion Workers Act, they could have to pay the model(s):

• Actual damages (i.e. monetary compensation) for any loss the model suffered because of the violation;
• The model’s attorney fees and costs.

Unless a model management company or model management group is able to definitively prove they did not know they were violating the law, they might also have to pay additional liquidated damages equal to up to 100% of the amount of money found due in actual damages.

If the court finds that a model management company or model management group willfully violated the law, (i.e. they knew they were violating the law and did so anyway,) they might have to pay additional liquidated damages equal to up to 300% of the amount of money found due in actual damages.

Q: Do all violations of the Fashion Workers Act require a complaint or action from a model to begin an investigation?

A: No. If the New York State Attorney General has reasonable cause to believe that a model management company, a model management group, or a client has repeatedly engaged in illegal or fraudulent business practices, the Attorney General may file an action in court to enforce the Fashion Workers Act. The Attorney General may do so without a model filing a complaint in court or with the New York State Department of Labor.

Q: Is there a cost for our model management company or our model management group to register with The New York State Department of Labor?

A: Yes. If you have five or fewer employees that either work in New York State or represent models in New York State, you must pay a registration fee of $500 to the New York State Department of Labor. If you have more than five such employees, you must pay a registration fee of $700.

In addition, any model management company or model management group with more than five employees that either work in New York State or represent models in New York State must provide the New York State Department of Labor with a surety bond in the amount of $50,000.

Q: If our model management company or model management group withdraws our registration application or the New York State Department of Labor denies our registration, will the registration fee be refunded?

A: If you decide to withdraw your registration application, or if the New York State Department of Labor denies your registration, you will receive a refund of half of the original registration fee.

Q: How long is a registration valid? When must a registration be renewed?

A: Your registration is valid for two years from the date it is granted. You must renew your registration at least 90 days before a current registration expires.

Q: What are the consequences for failing to register with the New York State Department of Labor?

A: Model management companies or model management groups who do business in New York State, without registering with or receiving an approved exemption from the New York State Department of Labor, would be in violation of the Fashion Workers Act.

If found in violation, the company or group must register or renew registration if they are not registered. The New York State Department of Labor may order the company or group to pay a civil penalty of $3,000 for a first violation and $5,000 for a second or subsequent violation for failing to register.

Q: Are social media agencies or influencer marketing agencies considered model management companies under the Fashion Workers Act?

A: A social media agency or influencer marketing agency must consider whether their work falls within the definition for model management company under the Fashion Workers Act. For example, if a social media agency represents a brand and hires or connects the brand with a model or influencer to promote that brand’s product on social media, the agency would be considered a model management company under the Fashion Workers Act. 

Q: Are social media influencers or content creators considered models under the Fashion Workers Act?

A: As defined by the law, a model is a person who performs modeling services as part of their trade, occupation, or profession. Modeling services include performing in photoshoots or in a runway, live, filmed, or taped appearance, including on social media. Performing modeling services requires a model to pose, provide an example or standard or artistic expression, or represent something or someplace for purposes of display or advertisement. A social media influencer or content creator must consider whether their work falls within this definition.

Q: Can our model management company enter into a power of attorney agreement with the models we represent?

A: Yes. However, any power of attorney agreement must be presented as optional. You cannot require models to enter into a power of attorney agreement as a condition of representation. You must allow a model to terminate a power of attorney agreement at any time.

Further, any power of attorney agreement:

• May cover only a model’s performance of modeling services.
• May not cover a model’s digital replica.
• Must not violate your duty to act, with honesty and integrity, in the best interest of the models you represent.

Any pre-existing power of attorney agreement related to modeling services that does not meet the requirements of this provision is void as a matter of public policy.

Q: Our model management company required models to enter into power of attorney agreements as a condition of representation before the Fashion Workers Act went into effect. Are these agreements valid after June 19, 2025?

A: No. Requiring represented models to enter into a power of attorney agreement as a condition of representation violates the power of attorney provision of the Fashion Workers Act. As of June 19, 2025, these agreements are void as a matter of public policy.

Q: I booked a model for a 7-hour shoot that ran long and took 10 hours. The model is requesting that I pay them at least 50% higher than their contracted hourly rate for the last two hours of the shoot, but the contract was only for 7 hours. Do I have to do this?

A: Yes. The Fashion Workers Act requires clients to pay models at a rate of at least 50% higher than the contracted hourly rate for any work that is longer than eight hours in a 24-hour period.

Q: I have photos of a model from a past photo shoot that would be perfect for a new advertising campaign, if I adjust them with some AI manipulation. The model agreed to the use of AI for the previous job, but our contract did not cover future campaigns. Do I have to ask the model to approve this even though I already have the photos I need?

A: Yes. You must obtain clear written approval from a model before creating or using the model’s digital replica. The model must approve in writing the scope, purpose, rate of pay, and length of time the replica will be used. If initial approval did not cover a new campaign, you must obtain new approval from the model.

Q: I received a notice from the New York State Department of Labor that a model filed a complaint against me for not paying them. However, I paid them in full and can prove it. Can I ignore this notification?

A: No. Even if you do not believe you committed the violation alleged by the model in the complaint, you still must respond to any notification from the New York State Department of Labor within 20 days of receiving it.

If a client does not respond to The New York State Department of Labor’s complaint notification within 20 days of receiving it, the Department may determine that the violation occurred. They may order the client to correct the violation and may assess civil penalties if appropriate.