Long known for its glamour and influence, the fashion industry has also faced criticism over opaque contracts, delayed payments, and the lack of labor protections for those involved, especially models. The industry is unique and therefore does not always fit into general legal frameworks such as the Fair Labor Standards Act (FLSA) or state contract laws. Some states, particularly California and New York, have made strides to close those gaps by enacting legislation governing the relationships between models, agencies, and clients. This article focuses on New York, but clients must be diligent and pay special attention to the laws in each state where they engage models. 

The New York State Fashion Workers Act

On December 21, 2024, the New York State Fashion Workers Act (N.Y. Labor Law, Article 36, the Act) was signed into law. The Act imposes registration requirements on model management companies, creates contracting requirements, enacts wage-and-hour protections, and regulates other areas relevant to working conditions in the fashion industry. Notably, the protections in the Act apply to models whether they are independent contractors or employees. 

Model management companies 

Model management companies (MMCs) are those in the business of (i) managing models participating in entertainments, exhibitions, or performances; (ii) procuring employment or engagements for models; or (iii) rendering vocational guidance and counseling services to models. 

The core protections of the Act went into effect on June 19, 2025. Key provisions include the following: 

• Preventing certain provisions in MMC representation agreements;
• Prohibiting MMCs from requiring a fee from a model for signing a representation agreement;
• Limiting MMCs’ commission fees;
• Imposing specific duties on MMCs in securing work for the models they represent;
• Requiring compliance with state laws concerning nudity and explicit work;
• Requiring company policies and compliance with state laws concerning discrimination and harassment; and
• Establishing transparency and communication requirements for MMCs with respect to deal memos, booking confirmations, and other financial documentation. 

Starting on December 21, 2025, MMCs must register their business with the New York State Department of Labor (NYSDOL). The NYSDOL will issue a Certificate of Registration, which MMCs will be required to display physically in their office and digitally online. MMCs will also be required to include their registration number in any advertisements seeking models and in any contact with a model or client. 

Model management company clients 

The Act also imposes several duties on clients who engage models through MMCs. Clients include retail stores, manufacturers, designers, advertising agencies, photographers, publishing companies, and any others who receive modeling services (as defined). 

Covered clients are required to comply with specific wage-and-hour requirements; establish a company policy addressing abuse, harassment, and other inappropriate behavior toward models; ensure that work requiring nudity complies with state laws; allow models to bring their agent, manager, chaperone, or other representative to any booking; and provide liability insurance coverage. 

State-specific challenges 

Although New York is a mecca in the industry, most models, clients, and agencies operate beyond the state’s borders. It is critical to evaluate and prepare for legal challenges that could vary substantially from state to state. For example, California’s Talent Agencies Act requires qualifying agencies to be licensed to procure work for artists and models, and it governs their conduct, including providing contracting and compensation requirements. California also has specific wage-and-hour requirements for short-term print shoot employees, which may include models. Each state has its own regulations and requirements that could impact modeling work, and noncompliance can expose agencies and clients to fines, penalties, complaints, and even lawsuits. Reed Smith’s Labor & Employment attorneys are able to help employers navigate this challenging landscape and stay in compliance.