The Fashion Workers Act Legalised in New York

After years of campaigning, New York has passed a law that will give models working in the state greater protection from exploitation, harassment and abuse and the growing use of AI. The Fashion Workers Act signed by Governor Kathy Hochul on December 21, 2024 will come into effect in June 2025. 

The Fashion Workers Act will close the legal loophole by which model management companies have escaped accountability and also create labour protections for models. The law, which will go into effect in June 2025, will grant models access to contracts with their clients, increased transparency into expenses, safeguards against harassment and abuse, and a formal channel to report violations without fear of retaliation. 

In addition to safeguarding models from abuse and prohibiting any retaliatory action for filing complaints, the new law will also provide recourse for the unauthorised use of digital images and AI. It calls for written consent for the creation or use of a model’s digital replica, and highlighting the scope, purpose, rate of pay and duration of such use.

Models need protection from exploitation and misuse of digital photographs

“The modeling industry really does in some cases rise to the level of trafficking — labor trafficking and sex trafficking,” former model Sara Ziff, who founded industry advocacy group Model Alliance in 2012, told Variety. “This lack of transparency, the power imbalance, the vulnerability of these mostly young, immigrant women, it’s a recipe for exploitation. In the early stages of doing this work, I refrained from using the language of trafficking because it felt too extreme. But that’s what it is.” 

This new law which affords labour rights to models in New York, sends a message to workers across the $2.5 trillion fashion industry that they deserve to be treated with dignity and respect just like everyone else who works for a living. Several models who are familiar with the inner machinations of the industry saw up close the way in which the power imbalance between models and the management agencies led to financial exploitation and sexual abuse.

Per WWD: ‘The aim is to ensure workers receive contracts, payment within forty-five days and that they are protected from harassment, discrimination and unsafe working conditions. With Hochul’s signed approval, agencies will have a fiduciary responsibility to models, industry hairstylists, content creators, makeup artists and other creatives. It is also designed to prohibit any unreasonably high commissions and fees. Supporters have claimed it would deter predatory behaviour by management agencies in New York that operate without oversight in the $2.5 trillion fashion industry.’

In conclusion, the signing of the Fashion Workers Act marks a pivotal moment for the rights of models in New York, reflecting a growing recognition of the need for protection in the modeling industry. With this new law, New York is taking a bold step towards a more equitable industry and potentially set a precedent for other states to follow.