Upfront of June 19, 2025, the efficient date of the New York State Style Employees Act, the New York State Division of Labor (NYSDOL) just lately issued ceaselessly requested questions (FAQs) and steering that present readability and in any other case reiterate the authorized obligations that mannequin administration corporations, their shoppers, and hiring events have below the regulation.
Fast Hits
- The New York State Division of Labor just lately printed FAQs and guidance to assist employers adjust to the New York State Style Employees Act.
- The FAQs and steering present readability and in any other case reiterate the authorized obligations that mannequin administration corporations, their shoppers, and hiring events have below the regulation.
- The regulation will take impact on June 19, 2025.
As we beforehand reported, the New York State Fashion Workers Act regulates mannequin administration corporations and their shoppers, together with retail shops, style designers, promoting businesses, photographers, and publishing corporations, and offers enhanced protections for style fashions. The FAQs and steering present clarification on a number of areas of the regulation, which we spotlight under.
Deadline for Mannequin Administration Firms to Register Their Enterprise
Whereas the regulation states that mannequin administration corporations should register their companies with the NYSDOL inside one 12 months of the efficient date of the regulation (i.e., June 19, 2026), the steering offers that mannequin administration corporations that conduct enterprise, symbolize fashions, or are based mostly in New York State should register beginning December 21, 2025.
Social Media and Influencer Companies; Influencers and Content material Creators
Given the continued reputation and prevalence of social media and influencers, the FAQs handle whether or not social media and influencer businesses might be thought of mannequin administration corporations. The regulation defines “mannequin administration firm” as “any particular person or entity, aside from an individual or entity licensed as an employment company below article eleven of the final enterprise regulation” that:
- is within the enterprise of managing fashions collaborating in leisure, exhibitions, or performances;
- procures or makes an attempt to acquire, for a charge, employment or engagements for individuals in search of employment or engagements as fashions; or
- renders vocational steering or counseling companies to fashions for a charge.
Whereas the FAQs present some examples of when an company might be thought of a mannequin administration firm, for instance, “if a social media company represents a model and hires or connects the model with a mannequin or influencer to advertise that model’s product on social media,” the applying of the regulation to those businesses might be fact-specific.
Equally, whether or not a social media influencer or content material creator is a “mannequin” or an individual who performs “modeling companies” requires a fact-specific evaluation. The FAQs present {that a} “mannequin” is an individual, both an worker or impartial contractor, “who performs modeling companies as a part of their commerce, occupation, or occupation.”
“Modeling companies” embody “performing in photoshoots or in a runway, dwell, filmed, or taped look, together with on social media.” Performing modeling companies “requires a mannequin to pose, present an instance or customary or creative expression, or symbolize one thing or someplace for functions of show or commercial.”
Discrimination, Harassment and Retaliation Complaints and Coverage Necessities
Whereas fashions can lodge complaints in opposition to mannequin administration corporations, their shoppers, and hiring events concerning discrimination, harassment, retaliation, or abuse with the NYSDOL, the FAQs remind people that in addition they can file a criticism with the New York State Division of Human Rights or name the statewide sexual harassment hotline to obtain free authorized counsel about office harassment at 1-800-HARASS-3.
The steering additionally offers that mannequin administration corporations, shoppers, and hiring events should set up an organization coverage that addresses abuse, harassment, and some other inappropriate conduct towards fashions, and the coverage have to be shared in writing or electronically with all fashions. Additional, the FAQs consult with the prevailing necessities that each employer in New York State should undertake a sexual harassment prevention coverage.
Energy of Legal professional Agreements
The FAQs make clear that “[a]ny pre-existing energy of lawyer agreements associated to modeling companies” which might be necessary or in any other case don’t meet the necessities below the regulation might be deemed “void as a matter of public coverage” as of June 19, 2025.
Subsequent Steps
With the efficient date approaching, mannequin administration corporations, their shoppers, and hiring events based mostly in or conducting enterprise in New York State could want to assess whether or not they’re lined below the regulation, and in that case, consider the potential affect on their companies and familiarize themselves with the regulation’s necessities. This contains registration necessities for mannequin administration corporations, coverage necessities, pay practices, and compliance with contract necessities.
Leah J. Shepherd contributed to this text
