Understanding the New York State Fashion Workers Act
An overview of compliance for model management companies and clients.
The New York State Fashion Workers Act (FWA) is a landmark law that aims to promote greater fairness, transparency, and legal protection for fashion models working in New York. It establishes new responsibilities and requirements for model management companies and clients. It also provides enhanced workplace protections for models, regardless of whether they are classified as independent contractors or employees.
In this article, we outline some of the major new requirements that affect model management companies and clients that work with models in New York.
How OOTB can help:
Contact OOTB for help with building compliant model workflows or to request sample contract terms.
This page provides general informational guidance for agencies, clients, and production teams. It does not constitute legal advice. If you’re unsure how the Fashion Workers Act applies to your specific project, consult with legal counsel or reach out to OOTB’s team for guidance.
Important Dates
June 19, 2025:
All provisions, except for the registration requirement for model management companies, go into effect. Agencies, model management groups, and clients must begin complying with the law’s requirements.
December 21, 2025:
All model management companies and groups must register with the New York State Department of Labor (NYSDOL) and comply with applicable registration provisions.
New Requirements for Model Management Companies and Groups
Registration & Licensing
All model management companies and groups that do business in the state of New York must register with the NYSDOL by December 21, 2025, unless they receive an approved exemption from the NYSDOL.
Companies that have five or fewer employees who either work in New York or perform work related to models in New York must pay a registration fee of $500. Registration is valid for two years.
Companies that have more than five employees who either work in New York or perform work related to models in New York must:
Pay a registration fee of $700. Registration is valid for two years.
Provide the NYSDOL with a surety bond in the amount of $50,000.
Representation Contract Limitations
Companies are prohibited from:
Requiring a model to sign a representation agreement for a period of more than three years.
Requiring a model to sign a contract that renews without the model’s written approval.
Commission Limitations
Companies cannot charge commission fees greater than 20 percent of a model’s total pay.
Financial Transparency
Companies must specify all items, fees, and deductions that may initially be paid for by the company but will ultimately be deducted from the model’s compensation, along with an itemized recitation of how each item will be computed.
Companies must provide models with copies of documentation on a quarterly basis to determine the validity of each charge.
Contract Access
Companies must provide models with a physical or digital copy of the final booking agreements negotiated with clients and any related deal memos at least 24 hours before the model begins work. These must be provided in the model’s requested language. Deal memos must include the key components of the engagement, including the scope of work, rate of pay, and payment terms.
AI Image Use & Consent
Companies must obtain clear written consent for the creation or use of a model’s “digital replica” (a computer-generated or AI-enhanced representation of a model’s likeness, including their face, body, or voice). This consent must be separate from the representation agreement.
Conflict of Interest Prohibitions
Companies must disclose any financial relationships that may exist between the company and clients.
New Requirements for Clients Hiring Models in New York
Overtime Pay
Models must be paid 1.5x their agreed-upon hourly rate for any work that exceeds 8 hours in a 24-hour period. Please see the jurisdiction and overtime rules section below.
Meal Breaks
Clients must provide at least one 30-minute meal break for work that exceeds 8 hours in a 24-hour period.
Safe Working Conditions
Clients are responsible for providing a safe and lawful working environment that is consistent with labor regulations and industry standards.
Abuse & Harassment Policy
Clients must have a policy that conforms with New York State laws addressing abuse, harassment, and other inappropriate behavior towards models.
Liability Insurance
Clients must provide adequate levels of liability insurance to cover and safeguard the health and safety of the models.
AI Image Use & Consent
Companies must obtain clear written consent for the creation or use of a model’s “digital replica” (a computer-generated or AI-enhanced representation of a model’s likeness, including their face, body or voice).
The FWA + the Freelance Isn’t Free Act
For models who are working as independent contractors, clients and model management companies must adhere to the requirements of both the FWA and the Freelance Isn’t Free Act, which mandates:
Written Contracts
Contracts must outline the scope of work, payment terms, and the date of payment.
Timely Payment
Models must be paid within 30 days of service, regardless of whether the agency or client is issuing payment.
Jurisdiction and Overtime Rules: When Does the FWA Apply?
The FWA’s overtime requirement—1.5x the model’s agreed-upon hourly rate after 8 hours worked in a 24-hour period—does not universally apply to all modeling jobs involving New York models. It depends on where the work is performed and which state’s laws apply to the contract. The FWA overtime requirement applies when:
The modeling services are physically performed within New York State, or
The engagement is governed by a contract or agency based in New York that invokes New York law.
Example Scenario 1: NY Model Working in California
Does the FWA apply? The FWA does not automatically apply. New York residency alone does not trigger FWA protections.
California labor laws apply when services are rendered in California. If the contract or agency is NY-based and applies NY law, FWA provisions may still be contractually relevant. However, they do not override California’s more protective laws.
Best practice: Follow California labor law, especially on rules for overtime and breaks.
Example Scenario 2: CA Model Working in New York
Does the FWA apply? Yes. The FWA applies based on where work is performed, regardless of where the model or agency is based.
Best practice: Clients and agencies must comply fully with all applicable FWA provisions, including overtime pay, written contracts, and usage rights.
Reminder: Labor law is determined by the location of the services being performed, not by a model’s place of residence, assuming that the state of work is the regular place of employment and not part of a longer-term, traveling engagement.
Penalties for Non-Compliance
If a model management company fails to register or renew its registration, the NYSDOL may order the company to pay a civil penalty of $3,000 for the first violation and $5,000 for the second or any subsequent violation.
Models may file complaints against model management companies and clients with the NYSDOL. They can also sue model management companies for certain violations. Companies may be liable for actual damages, attorney fees and costs, and, unless they can definitively prove they did not know they were violating the law, additional liquidated damages up to 100% of the amount of actual damages. If the court finds that companies willfully violated the law, they may have to pay additional liquidated damages up to 300% of the amount of actual damages.
The New York State Attorney General can also independently file an action in court if they have reasonable cause to believe that a model management company has repeatedly engaged in illegal or fraudulent business practices.
For more information, including the full list of requirements and prohibitions for both model management companies and clients, we recommend the NYSDOL website pages about the New York State Fashion Act.
You can also read the full text of the bill via the NY State Assembly website.
We also recommend the NYC Department of Consumer and Worker Protection website page about the Freelance Isn’t Free Act.