The Runway Just Got Regulated
Let’s clear up the naming first, because New York loves a branding moment: what people in NYC keep calling the “Fashion Workers Act of 2025” is the New York State Fashion Workers Act (Labor Law, Article 36)—and yes, it’s very about NYC because that’s where a huge chunk of the industry’s castings, fittings, showrooms, shoots, and “can you be here in 20 minutes?” chaos lives.
When it kicks in (and why there are two dates)
New York split the rollout into two waves:
- Starting June 19, 2025: model management companies/groups and clients have to comply with the Act’s core duties + prohibitions (everything except registration-related requirements).
- Starting December 21, 2025: registration requirements begin for model management companies/groups with the NYS Department of Labor.
Olivia take: It’s like a two-look outfit change—first, “behave like professionals,” then, “and now… put your paperwork where your mouth is.”
@lvluplegal Major news for models and content creators in NYC! The #fashionworkersact just passed impacting agency contracts ⚖️ #lvluplegal #lawyer #attorney #fashionlawyer #contentcreator #influencerlawyer #voguebusiness ♬ original sound – LVLUP Legal
Who the law covers (translation: not just runway glam)
The Act defines:
- A “model” as someone doing modeling services whether they’re an employee or independent contractor, including runway/live/filmed work, fittings, showroom, parts/fit modeling—and it explicitly includes the use of a digital replica.
- A “client” broadly (retail, designer/manufacturer, ad agency, photographer, publishing company, etc.).
- A “deal memo” as a plain-language written summary (scope, rate of pay, payment term, usage, expenses, expectations) and it must be provided in the language requested by the model.
Diana Miles take: This is New York quietly saying, “If your business model depends on confusion and vibes, you’re about to need a new model.”
The big shift: agencies now have a fiduciary duty (yes, like finance)
This is a headline-level change: model management companies are deemed to have a fiduciary duty to the models they represent—good faith, honesty, integrity, best interests.
Olivia take: Suddenly your agency can’t act like your best friend and your landlord and your payroll department and your interrogator. Pick a lane.
What agencies must do (the “no more mystery deductions” era)
The duties section reads like it was written by someone who has absolutely seen a model’s invoice come back looking like a CVS receipt:
- Provide deal memos and final agreements at least 24 hours before the job starts, in the model’s requested language.
- Disclose what costs might be advanced and later deducted, and provide documentation so models can verify charges.
- Disclose financial relationships with clients beyond the modeling agreement (hello, conflicts of interest).
- Post the registration certificate (physical + website) and include the registration number in advertising/social profiles and contracts.
- Get separate written consent for creating/using a model’s digital replica (with scope, purpose, pay rate, duration).
What agencies are banned from doing (a.k.a. “stop being weird with contracts”)
The prohibited list is blunt—and honestly, overdue:
- No fees/deposits just for signing with an agency. legislation.nysenate.gov
- No contract term longer than 3 years, and no renewals without the model’s affirmative written consent.
- No commission over 20% of the model’s compensation.
- No retaliating against models for complaining or raising good-faith concerns.
- No creating/altering/manipulating a model’s AI/digital replica without clear, separate written consent.
Olivia take: If your contract strategy was “lock them down forever and charge them for existing,” New York just took your pen away.
@modelallianceny Rally for the #FashionWorkersAct @ NYFW 2022 PART 2 | Video by Eek Media #fashionindustry #fashion #nyfw #laborrights ♬ original sound – modelallianceny
Client-side obligations: overtime, meal breaks, safety, and insurance
Clients aren’t off the hook. The Act puts real workplace standards on the “hiring party” side too:
- If work exceeds 8 hours in a 24-hour period, clients must pay 50% higher than the contracted hourly rate for the overtime hours.
- Provide at least one 30-minute meal break when work exceeds 8 hours in a 24-hour period.
- Ensure work doesn’t pose an unreasonable risk of danger, including establishing/communicating a zero-tolerance policy for abuse/harassment/inappropriate behavior, and maintain liability insurance to safeguard models’ health and safety.
Diana take: If you’re producing shoots in NYC, you’ll want this embedded into call sheets, production schedules, and vendor agreements—because “we ran late” is not a compliance strategy.
Registration: the industry gets a roster (and bigger agencies post a bond)
The registration framework requires model management companies/groups to file business details, and larger ones must post a bond:
- Initial registration required within a year of the Act’s effective date (per the bill text), plus a registration fee scaled by size.
- If they have more than five employees, and work from NY or perform work relating to models in NY, they must deposit a $50,000 surety bond.
And the NYS Department of Labor confirms the phased timeline: core compliance first, registration starting Dec 21, 2025. Department of Labor
Enforcement and penalties (aka: yes, it has teeth)
The Act allows for civil penalties, and it also contemplates complaints and enforcement pathways. One key penalty detail in the bill text: up to $3,000 for an initial violation and up to $5,000 for subsequent violations (in the section shown).
NYDOL also points fashion workers toward filing complaints through the department.
The part NYC will feel the most: AI “digital replica” consent + money transparency
If NYC is the capital of “we’ll fix it in post,” the digital replica language is the reality check: AI-enhanced or computer-generated likeness isn’t a casual option anymore—it’s a consent + compensation conversation, in writing, separated from the basic representation agreement.
Olivia take: If your face can be cloned, your rights shouldn’t be.
Quick compliance checklist (for agencies + clients in NYC)
Agencies / model management companies
- Build a standardized deal memo workflow (24+ hours before call time). legislation.nysenate.gov+1
- Cap commissions at 20% and scrub contracts for >3-year terms or auto-renew language.
- Create a deductions documentation system (and actually keep receipts).
- Add a separate AI/digital replica consent form with scope/purpose/pay/duration.
- Prep for registration
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