Must-know for current and aspiring models in New York!
The Fashion Workers Act (FWA) establishes new requirements for your model management companies, model management groups, and clients, as well as new workplace protections for you!
What is the Fashion Workers Act?
The New York State Fashion Workers Act (NYS Labor Law, Article 36) establishes new responsibilities and requirements for model management companies, model management groups, and clients. It also establishes new workplace protections for models. The law has two parts:
Starting June 19, 2025: Model management companies, model management groups, and clients must comply with all responsibilities and prohibited actions listed in the law, except those related to registration.
Starting December 21, 2025: Model management companies and model management groups must register with the New York State Department of Labor and comply with any registration-related requirements.
Fashion Workers Act (FWA): Frequently Asked Questions
Swipe to see the Frequently Asked Questions compiled by the New York State Department of Labor.
My model management company charges 35% commission for every job they book for me. Is this legal?
No. Under the FWA, your model management company cannot charge more than a 20% commission fee.
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?
No. As of June 19, 2025, under the FWA, 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.
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?
No. Under the FWA, model management companies cannot ask you to sign a representation agreement for more than three years.
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?
As of June 19, 2025, under the FWA, 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 or file a complaint.
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?
Yes. Model management companies must provide you with final booking agreements and deal memos in the language you request.
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?
Yes. Under the FWA, 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 (computer-generated or AI-enhanced). 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.
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?
An existing contract or certain terms in the contract may violate the Fashion Workers Act (FWA). For review and analysis of the specific terms of your contract, you should seek advice from your legal counsel.
Source: https://dol.ny.gov/new-york-state-fashion-workers-act-faqs
Got issues on violations against the Fashion Workers Act?
You can file a complaint with the New York State Department of Labor by emailing FashionWorkers@labor.ny.gov.
You may also consult an attorney experienced in representing models, specifically in their contracts with modeling agencies.
Contact our experienced attorneys at Creative Law Network for your specific legal concerns.
