After three years of lobbying by models and politicians, the Fashion Workers Act was passed by the New York Assembly and Senate and sent to Governor Kathy Hochul’s desk.
The unprecedented legislation aims to regulate governing bodies and provide oversight of the sector. It aims to ensure that workers receive contracts and payments within 45 days and are protected from harassment, discrimination and unsafe working conditions. The law, which is awaiting Hochul’s approval, will allow agencies to provide services to models, hairdressers in the industry, content creators, make up artists and other creators. It is also designed to prohibit unreasonably high commissions and fees. Supporters said it would deter predatory behavior by management agencies operating without oversight in New York’s $2.5 trillion fashion industry.
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Model Alliance, one of the bill’s fiercest advocates last month, held a rally on the steps of the Metropolitan Museum of Art the day before the Met Gala to draw attention to it.
The fashion industry is an economic engine in New York state, with the semiannual New York Fashion Week generating nearly $600 million in revenue each year. Approximately 180,000 people work in New York’s fashion industry, accounting for approximately $11 billion in total wages.
There is another industry-focused bill awaiting approval among lawmakers in Albany Friday afternoon, called the Fashion Act, which would change general business law and require fashion retailers to be accountable to environmental and social standards. It is also envisaged to amend the state finance law regarding the establishment of a fashion recovery fund. Both bills were introduced by New York state Senator Brad Hoylman-Sigal. The pro-labor Fashion Workers Act was also supported by Assemblywoman Karines Reyes (RN), who chairs the workplace safety subcommittee.
The Fashion Act will help advance sustainable efforts, while the Fashion Workers Act will establish a zero-tolerance policy against abuse in the industry, leading to essential protections for models, including young people and immigrants.
According to the most recent data provided by the U.S. Bureau of Labor Statistics, as of May 2023, there were 3,090 models in the United States whose hourly wages ranged from $15.23 to $67.46. However, established models earn much more for runway appearances and major designer ad campaigns. New York and California are the states with the most models nationally, followed by Ohio, Virginia and Florida.
Model Alliance founder Sara Ziff called on Governor Hochul to sign the legislation immediately, saying in a statement Friday: “This is a huge step forward for the fashion industry, which has been an absolute stagnation in terms of workers’ rights since its inception. Camouflaged with ostentation and rife with various abuses, it is considered the price of admission.
In the wake of the #MeToo movement and more recently, some high-profile models such as Ziff and Carrie Otis have spoken publicly, and in some cases, taken legal action, about the sexual abuse they allegedly faced during their earlier modeling days. The proposed legislation also received support from the Coco Rocha model.
Model Alliance board member Otis, who was “delighted” the bill was passed and called on Hochul to act quickly to protect the next generation, said: “I know first-hand how models (mostly very young girls) are being forced to normalize financial and sexual relationships .exploitation This shouldn’t be normal and it won’t happen anymore.”
The question is what the law will mean for agencies that represent fashion models, former model and activist Bethann Hardison said Friday. There will be a need to arrange and deliver according to the law, she said.
Hardison, who owned the agency from 1984 to 1997 and continues to represent Tyson Beckford, said his agency was run like a tight ship during the “wild, wild west” era of the modeling industry. “I couldn’t afford to be a woman of color and no caring person would allow it, nor was it ever my desire to own a modeling agency. “I was the right person doing the right thing at the right time,” he said.
“The modeling industry turned the corner, many left and the dust settled. Those left behind will obey the law whether you want it or not. It didn’t need to get to this point but it is what it is, I hope it benefits everyone from fashion models to modeling agencies. “I’m still proud to graduate, but the idea of being regulated is hard to accept,” he added.
Another well-known model, Beverly Johnson, who became the first Black model to appear on the cover of American Vogue 50 years ago, supported her and emphasized the need for more diversity. She said: “After decades in the fashion industry, issues of underrepresentation and inequality for Black models remain, and it remains particularly difficult for Black survivors to talk about abuse and be believed.”
With the legislation one step closer to becoming law, representatives from several modeling agencies remained relatively quiet on the possibility Friday afternoon. Staff at IMG Models and Lions Talent Management Company did not immediately respond to requests for comment. Karine Roman, vice president of New York Models and LA Models, declined to comment.
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