A. 9762 2
(B) THE STATE OF NEW YORK, INCLUDING ANY OFFICE, DEPARTMENT, AGENCY,
AUTHORITY OR OTHER BODY OF THE STATE INCLUDING THE LEGISLATURE AND THE
JUDICIARY;
(C) A LOCAL GOVERNMENT, INCLUDING ANY OFFICE, DEPARTMENT, AGENCY OR
OTHER BODY OF THAT LOCAL GOVERNMENT; OR
(D) ANY FOREIGN GOVERNMENT.
3. "MODEL" MEANS AN INDIVIDUAL, REGARDLESS OF THE INDIVIDUAL'S STATUS
AS AN INDEPENDENT CONTRACTOR OR EMPLOYEE, WHO PERFORMS MODELING SERVICES
FOR A CLIENT OR CONSENTS IN WRITING TO THE TRANSFER OF THEIR LEGAL RIGHT
TO THE USE OF THEIR NAME, PORTRAIT, PICTURE OR IMAGE, FOR ADVERTISING
PURPOSES OR FOR THE PURPOSES OF TRADE, DIRECTLY TO A CLIENT OR WHO
PROVIDES SHOWROOM, PARTS, OR FIT MODELING SERVICES. THE TERM "MODEL"
SHALL INCLUDE INFLUENCERS, PERFORMING ARTISTS AND OTHER PERSONS WHO
PERFORM MODELING SERVICES.
4. "MODELING MANAGEMENT COMPANY" MEANS ANY PERSON OR ENTITY, OTHER
THAN A PERSON OR ENTITY LICENSED AS AN EMPLOYMENT AGENCY UNDER ARTICLE
ELEVEN OF THE GENERAL BUSINESS LAW, THAT:
(A) IS IN THE BUSINESS OF MANAGING MODELS PARTICIPATING IN ENTER-
TAINMENTS, EXHIBITIONS OR PERFORMANCES;
(B) PROCURES OR ATTEMPTS TO PROCURE, FOR A FEE, EMPLOYMENT OR ENGAGE-
MENTS FOR PERSONS SEEKING EMPLOYMENT OR ENGAGEMENTS AS MODELS; OR
(C) RENDERS VOCATIONAL GUIDANCE OR COUNSELLING SERVICES TO MODELS FOR
A FEE.
5. "MODELING SERVICES" MEANS THE APPEARANCE BY A MODEL IN PHOTOGRAPHIC
SESSIONS OR THE ENGAGEMENT OF A MODEL IN LIVE RUNWAY, LIVE, FILMED, OR
TAPED PERFORMANCES, INCLUDING ON SOCIAL MEDIA PLATFORMS, REQUIRING THE
MODEL TO POSE, PROVIDE AN EXAMPLE OR STANDARD OF ARTISTIC EXPRESSION OR
TO BE A REPRESENTATION TO SHOW THE CONSTRUCTION OR APPEARANCE OF SOME
THING OR PLACE FOR PURPOSES OF DISPLAY OR ADVERTISING, INCLUDING THE
PROVISIONS OF CASTINGS, FITTINGS, PHOTOSHOOTS, SHOWROOM, PARTS OR FIT
MODELING SERVICES.
6. "CREATIVES" ARE ALL INDIVIDUALS WHO PERFORM VARIOUS TASKS OR
SERVICES DIRECTLY RELATED TO THE PROVISION OF "MODELING SERVICES" BY
"MODELS," INCLUDING BUT NOT LIMITED TO, PHOTOGRAPHERS, STYLISTS, CASTING
DIRECTORS, MAKE-UP ARTISTS, HAIRDRESSERS, AND OTHER VENDORS OR PERSONS
PERFORMING NON-MODELING CREATIVE WORK SUPPORTING THE PROVISION OF
"MODELING SERVICES."
7. "CREATIVE MANAGEMENT COMPANY" MEANS A PERSON OR ENTITY, OTHER THAN
A PERSON OR ENTITY LICENSED AS AN EMPLOYMENT AGENCY UNDER ARTICLE ELEVEN
OF THE GENERAL BUSINESS LAW, THAT:
(A) IS IN THE BUSINESS OF MANAGING CREATIVES PARTICIPATING IN ENTER-
TAINMENTS, EXHIBITIONS OR PERFORMANCES;
(B) PROCURES OR ATTEMPTS TO PROCURE, FOR A FEE, EMPLOYMENT OR ENGAGE-
MENTS FOR PERSONS SEEKING EMPLOYMENT OR ENGAGEMENTS DIRECTLY RELATED TO
THE PROVISION OF "MODELING SERVICES" BY "MODELS"; OR
(C) RENDERS VOCATIONAL GUIDANCE OR COUNSELING SERVICES TO CREATIVES
FOR A FEE.
8. "EXCLUSIVE REPRESENTATION" MEANS AN AGREEMENT, OR A CLAUSE
CONTAINED IN AN AGREEMENT, WHICH IS ENTERED INTO BETWEEN A "MODELING
MANAGEMENT COMPANY" AND A "MODEL" OR A "CREATIVE MANAGEMENT COMPANY" AND
A "CREATIVE" WHICH RESTRICTS SUCH MODEL OR CREATIVE FROM PERFORMING WORK
FOR ANOTHER PARTY NOT SUBJECT TO SUCH AGREEMENT FOR A SPECIFIED PERIOD
OF TIME OR IN A SPECIFIED GEOGRAPHICAL AREA, THAT IS SIMILAR TO SUCH
MODEL OR CREATIVE'S WORK FOR THE MODEL MANAGEMENT COMPANY OR CREATIVE
MANAGEMENT COMPANY.
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§ 960. REGISTRATION REQUIRED. A MODEL MANAGEMENT COMPANY OR CREATIVE
MANAGEMENT COMPANY SHALL NOT ENGAGE IN BUSINESS FROM OFFICES IN THIS
STATE OR ENTER INTO ANY ARRANGEMENT WITH A PERSON FOR THE PURPOSE OF
PROVIDING MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY
SERVICES TO PERSONS IN THIS STATE UNLESS THE MANAGEMENT COMPANY IS
REGISTERED UNDER THIS ARTICLE. NO PERSON SHALL USE THE NAME OR TITLE
"MODELING AGENCY", "MODEL MANAGEMENT COMPANY", "CREATIVE AGENCY", "CREA-
TIVE MANAGEMENT COMPANY", OR OTHERWISE REPRESENT THAT IT IS REGISTERED
UNDER THIS ARTICLE UNLESS THE ENTITY OR PERSON IS REGISTERED UNDER THIS
ARTICLE. A MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY THAT
DOES NOT COMPLY WITH THE PROVISIONS OF THIS ARTICLE SHALL NOT BE A
REGISTERED MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY IN
THIS STATE.
§ 961. REGISTRATION PROCESS. 1. EXCEPT AS OTHERWISE PROVIDED IN THIS
SECTION, EACH MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY
REQUIRED TO BE REGISTERED UNDER THIS ARTICLE SHALL PROVIDE THE DEPART-
MENT WITH INFORMATION REQUIRED BY THE DEPARTMENT ON FORMS THAT THE
DEPARTMENT SPECIFIES. AT A MINIMUM, MODEL MANAGEMENT COMPANIES AND CREA-
TIVE MANAGEMENT COMPANIES SHALL PROVIDE THE FOLLOWING INFORMATION:
(A) ALL NAMES UNDER WHICH IT CONDUCTS BUSINESS;
(B) THE ADDRESS OF THE PRINCIPAL PLACE OF BUSINESS OF THE MODEL
MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY AND THE ADDRESS OF
EACH OFFICE IT MAINTAINS IN NEW YORK STATE;
(C) THE MODEL MANAGEMENT COMPANY'S OR CREATIVE MANAGEMENT COMPANY'S
TAXPAYER OR EMPLOYER IDENTIFICATION NUMBER;
(D) A LIST BY JURISDICTION OF EACH NAME UNDER WHICH THE MODEL MANAGE-
MENT COMPANY OR CREATIVE MANAGEMENT COMPANY HAS OPERATED IN THE PRECED-
ING FIVE YEARS, INCLUDING ANY ALTERNATIVE NAMES, NAMES OF PREDECESSORS
AND, IF KNOWN, SUCCESSOR BUSINESS ENTITIES; AND
(E) IN THE EVENT THE MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT
COMPANY OR THE ULTIMATE PARENT OF A MODEL MANAGEMENT GROUP OR CREATIVE
MANAGEMENT COMPANY GROUP IS A PRIVATELY OR CLOSELY HELD COMPANY, THE
MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY OR MODEL MANAGE-
MENT GROUP OR CREATIVE MANAGEMENT GROUP SHALL FILE A LIST OF ALL PERSONS
OR ENTITIES THAT BENEFICIALLY OWN A FIVE PERCENT OR GREATER INTEREST IN
THE MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY AT THE TIME
OF APPLICATION AND A LIST OF PERSONS WHO FORMERLY BENEFICIALLY OWNED A
FIVE PERCENT OR GREATER INTEREST IN THE MODEL MANAGEMENT COMPANY OR
CREATIVE MANAGEMENT COMPANY OR ITS PREDECESSORS IN THE PRECEDING FIVE
YEARS. IN THE EVENT THE MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT
COMPANY OR THE ULTIMATE PARENT OF A MODELING AGENCY GROUP IS A PUBLICLY
TRADED COMPANY, THE MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT
COMPANY OR MODEL MANAGEMENT GROUP OR CREATIVE MANAGEMENT GROUP SHALL
FILE A LIST OF ALL PERSONS OR ENTITIES THAT BENEFICIALLY OWN A FIFTY
PERCENT OR GREATER INTEREST IN THE MODEL MANAGEMENT COMPANY OR CREATIVE
MANAGEMENT COMPANY OR THE ULTIMATE PARENT OF THE MODEL MANAGEMENT GROUP
OR CREATIVE MANAGEMENT GROUP AT THE TIME OF APPLICATION.
2. EACH MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY OPER-
ATING WITHIN THIS STATE SHALL COMPLETE ITS INITIAL REGISTRATION WITHIN
ONE YEAR AFTER THE EFFECTIVE DATE OF THIS ARTICLE.
3. WITHIN ONE YEAR OF THE INITIAL REGISTRATION OR ANY RENEWAL REGIS-
TRATION, EACH REGISTRANT SHALL RENEW ITS REGISTRATION BY NOTIFYING THE
DEPARTMENT OF ANY CHANGES IN THE INFORMATION PREVIOUSLY PROVIDED PURSU-
ANT TO THIS SECTION.
4. UPON APPLICATION FOR REGISTRATION, A MODEL MANAGEMENT COMPANY OR
CREATIVE MANAGEMENT COMPANY OR MODEL MANAGEMENT GROUP OR CREATIVE
A. 9762 4
MANAGEMENT GROUP WITH MORE THAN FIVE EMPLOYEES THAT EITHER WORK FROM A
LOCATION IN THIS STATE OR PERFORM WORK RELATING TO MODELS OR CREATIVES
IN THIS STATE SHALL DEPOSIT WITH THE DEPARTMENT A SURETY BOND IN THE SUM
OF FIFTY THOUSAND DOLLARS.
5. TWO OR MORE MODEL MANAGEMENT COMPANIES OR CREATIVE MANAGEMENT
COMPANIES THAT ARE MAJORITY OWNED BY THE SAME ULTIMATE PARENT, ENTITY OR
PERSONS MAY BE REGISTERED AS A MODEL MANAGEMENT GROUP OR CREATIVE
MANAGEMENT GROUP. A MODEL MANAGEMENT GROUP OR CREATIVE MANAGEMENT GROUP
MAY SATISFY ANY REPORTING AND FINANCIAL REQUIREMENTS OF THIS ARTICLE ON
A CONSOLIDATED BASIS. AS A CONDITION OF REGISTRATION AS A MODEL MANAGE-
MENT GROUP OR CREATIVE MANAGEMENT GROUP, EACH COMPANY THAT IS A MEMBER
OF THE GROUP SHALL GUARANTEE PAYMENT OF ALL FINANCIAL OBLIGATIONS OF
EACH OTHER MEMBER.
6. A MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY SHALL BE
EXEMPT FROM THE REGISTRATION REQUIREMENTS SPECIFIED IN THIS SECTION IF
SUCH MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY:
(A) SUBMITS A PROPERLY EXECUTED REQUEST FOR REGISTRATION AND EXEMPTION
ON A FORM PROVIDED BY THE DEPARTMENT;
(B) IS DOMICILED OUTSIDE THIS STATE AND IS LICENSED OR REGISTERED AS A
MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY IN ANOTHER STATE
THAT HAS THE SAME OR GREATER REQUIREMENTS AS THIS ARTICLE; AND
(C) DOES NOT MAINTAIN AN OFFICE IN THIS STATE OR SOLICIT IN ANY MANNER
CLIENTS LOCATED OR DOMICILED WITHIN THIS STATE.
7. THE REGISTRATION AND EXEMPTION OF A MODEL MANAGEMENT COMPANY OR
CREATIVE MANAGEMENT COMPANY UNDER SUBDIVISION SIX OF THIS SECTION SHALL
BE VALID FOR ONE YEAR.
8. THE DEPARTMENT SHALL MAINTAIN A LIST OF MODEL MANAGEMENT COMPANIES
AND CREATIVE MANAGEMENT COMPANIES REGISTERED UNDER THIS ARTICLE AND
SHALL ISSUE A CERTIFICATE OF REGISTRATION TO EACH MODEL MANAGEMENT
COMPANY OR CREATIVE MANAGEMENT COMPANY DULY REGISTERED.
9. THE DEPARTMENT MAY PRESCRIBE FORMS NECESSARY TO PROMOTE THE EFFI-
CIENT ADMINISTRATION OF THIS SECTION.
§ 962. DUTIES OF MODEL MANAGEMENT COMPANIES AND CREATIVE MANAGEMENT
COMPANIES. A MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY
SHALL:
1. HAVE A FIDUCIARY DUTY TO ANY MODEL OR CREATIVE THE MODEL MANAGEMENT
COMPANY OR CREATIVE MANAGEMENT COMPANY MANAGES, PROCURES OR ATTEMPTS TO
PROCURE EMPLOYMENT OR ENGAGEMENT FOR, OR RENDERS VOCATIONAL GUIDANCE OR
COUNSELLING SERVICES TO;
2. CONDUCT REASONABLE INQUIRIES INTO CLIENTS, HIRING PARTIES, EMPLOY-
MENT, ENGAGEMENTS, ENTERTAINMENTS, EXHIBITIONS AND PERFORMANCES TO
ENSURE THE HEALTH, SAFETY AND WELFARE OF MODELS AND CREATIVES;
3. USE ALL REASONABLE EFFORTS TO PROCURE EMPLOYMENT OR ENGAGEMENTS FOR
MODELS AND CREATIVES SIGNED TO THE MODEL MANAGEMENT COMPANY OR CREATIVE
MANAGEMENT COMPANY;
4. REFRAIN FROM ENFORCING A REQUIREMENT OF EXCLUSIVE REPRESENTATION
SHOULD THE MODEL OR CREATIVE NOT HAVE BEEN PROVIDED JOB OPPORTUNITIES
BOOKED OR CONTRACTED BY A CLIENT THROUGH THE MANAGEMENT COMPANY TO
PROVIDE MODELING SERVICES OR CREATIVE SERVICES FOR A FEE IN THE PREVIOUS
SIXTY DAYS;
5. ENSURE THAT ANY EMPLOYMENT, ENGAGEMENT, ENTERTAINMENT, EXHIBITION
OR PERFORMANCE WHICH REQUIRES NUDITY OR OTHER SEXUALLY EXPLICIT MATERIAL
SHALL COMPLY WITH THE REQUIREMENTS OF SUBDIVISION THREE OF SECTION
FIFTY-TWO-C OF THE CIVIL RIGHTS LAW;
6. PROVIDE MODELS AND CREATIVES WITH ACCESS TO AND COPIES, WHICH MAY
CONSIST OF DIGITAL COPIES, OF ALL CONTRACTS AND AGREEMENTS THE MODEL
A. 9762 5
MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY HAS ENTERED INTO WITH
A CLIENT OR HIRING PARTY INVOLVING RATE OF PAY AND SCOPE OF WORK,
PROVIDE PLAIN LANGUAGE SUMMARIES OF SUCH CONTRACTS AND AGREEMENTS, AND
DISCLOSE ANY RELATIONSHIP, CONTRACTUAL OR OTHERWISE, THAT MAY EXIST
BETWEEN THE MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY AND
THE CLIENT OR HIRING PARTY OTHER THAN THE AGREEMENT RELATING SPECIF-
ICALLY TO MODELING SERVICES OR CREATIVE SERVICES;
7. IF RECEIVING ANY PAYMENT OF FUNDS ON BEHALF OF A MODEL OR CREATIVE,
IMMEDIATELY DEPOSIT THE FUNDS IN ESCROW AND DISBURSE SUCH FUNDS, LESS
THE MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY'S COMMIS-
SION, WITHIN THIRTY DAYS OF RECEIPT, WITHIN NO MORE THAN FORTY-FIVE DAYS
FROM THE DATE THE MODELING SERVICES OR CREATIVE SERVICES WERE COMPLETED
EXCEPT WHEN THE FUNDS ARE THE SUBJECT OF AN ACTION, PROCEEDING OR
CONTROVERSY BEFORE A COURT OR OTHER GOVERNMENTAL BODY, IN WHICH CASE
SUCH FUNDS SHALL REMAIN IN ESCROW;
8. IN THE CASE OF A DISPUTE WITH A CLIENT REGARDING LATE OR NON-PAY-
MENT OF MODELING SERVICES OR CREATIVE SERVICES RENDERED, THE MANAGEMENT
COMPANY SHALL PAY THE MODEL OR CREATIVE AND THEN KEEP THE PAYMENT FROM
THE CLIENT WHEN THE DISPUTE IS RESOLVED;
9. NOTIFY FORMER MODELS AND CREATIVES IN WRITING, INCLUDING EMAIL, IF
THE MANAGEMENT COMPANY COLLECTS ROYALTIES DUE TO A MODEL WHOM THE
MANAGEMENT COMPANY NO LONGER REPRESENTS;
10. POST A PHYSICAL COPY OF THE MODEL MANAGEMENT COMPANY OR CREATIVE
MANAGEMENT COMPANY'S CERTIFICATE OF REGISTRATION IN A CONSPICUOUS PLACE
IN THE OFFICE OF THE MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT
COMPANY AND A DIGITAL COPY ON THE MODEL MANAGEMENT COMPANY OR CREATIVE
MANAGEMENT COMPANY WEBSITE;
11. INCLUDE, IN CLEAR AND LEGIBLE TYPE, THE REGISTRATION NUMBER OF THE
MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY IN ANY ADVER-
TISEMENT, INCLUDING SOCIAL MEDIA PROFILES FOR THE MANAGEMENT COMPANY,
FOR THE PURPOSE OF THE SOLICITATION OF MODELS OR CREATIVES FOR THE MODEL
MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY AND IN ANY CONTRACT
WITH A MODEL, CREATIVE, HIRING PARTY, OR CLIENT;
12. SUBMIT TO THE DEPARTMENT A FORM OR FORMS OF CONTRACT TO BE
UTILIZED BY SUCH MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY
IN ENTERING INTO WRITTEN CONTRACTS WITH MODELS OR CREATIVES FOR THE
EMPLOYMENT OR ENGAGEMENT OF THE SERVICES OF SUCH MODEL MANAGEMENT COMPA-
NY OR CREATIVE MANAGEMENT COMPANY BY SUCH MODELS OR CREATIVES, AND
SECURE THE APPROVAL OF THE DEPARTMENT THEREOF, PROVIDED THE DEPARTMENT
SHALL NOT WITHHOLD APPROVAL UNLESS SUCH PROPOSED FORM OF CONTRACT IS
UNFAIR, UNJUST AND OPPRESSIVE TO THE MODEL OR CREATIVE; AND
13. PROVIDE ALL MATERIALS, INCLUDING FINANCIAL STATEMENTS, AGREEMENTS,
AND CONTRACTS PERTAINING TO THE MODEL OR CREATIVE, IN A LANGUAGE THE
MODEL OR CREATIVE SUFFICIENTLY UNDERSTANDS.
§ 963. PROHIBITIONS ON MODEL MANAGEMENT COMPANIES AND CREATIVE MANAGE-
MENT COMPANIES. A MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPA-
NY SHALL NOT:
1. REQUIRE OR COLLECT ANY FEE OR DEPOSIT FROM A MODEL OR CREATIVE UPON
THE SIGNING OF, OR AS A CONDITION TO ENTERING INTO, ANY CONTRACT OR
AGREEMENT BETWEEN THE MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT
COMPANY AND THE MODEL OR CREATIVE;
2. CHARGE MORE THAN THE DAILY FAIR MARKET RATE FOR ACCOMMODATION FOR
THE MODEL OR CREATIVE;
3. DEDUCT OR OFFSET FROM A MODEL OR CREATIVE'S PAYMENT OR COMPENSATION
ANY FEE OR EXPENSE OTHER THAN THE AGREED UPON COMMISSION. SUCH PROHIBIT-
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ED FEES AND EXPENSES INCLUDE BUT ARE NOT LIMITED TO WEBSITE FEES, TRAVEL
FEES, ACCOMMODATION FEES, AND DELIVERY FEES;
4. REQUIRE A MODEL OR CREATIVE TO SIGN A MODEL MANAGEMENT COMPANY OR
CREATIVE MANAGEMENT COMPANY CONTRACT THAT CONTAINS EITHER A TERM GREATER
THAN TWO YEARS OR A TERM ALLOWING THE MODEL MANAGEMENT COMPANY OR CREA-
TIVE MANAGEMENT COMPANY TO RENEW THE CONTRACT WITHOUT THE MODEL OR CREA-
TIVE'S AFFIRMATIVE CONSENT;
5. IMPOSE A COMMISSION FEE GREATER THAN TWENTY PERCENT OF THE MODEL OR
CREATIVE'S PAYMENT OR COMPENSATION;
6. TAKE ANY RETALIATORY ACTION AGAINST ANY MODEL OR CREATIVE WHO FILES
OR ATTEMPTS TO FILE A COMPLAINT PURSUANT TO THIS ARTICLE OR DECLINES OR
DISCONTINUES PARTICIPATION IN ANY CASTING OR BOOKING ON ACCOUNT OF
REASONABLE, GOOD FAITH CONCERNS REGARDING AN ACTUAL OR POTENTIAL
VIOLATION OF THIS ARTICLE;
7. ENGAGE IN DISCRIMINATION OR HARASSMENT OF ANY KIND AGAINST A MODEL
OR CREATIVE BASED ON ANY LEGALLY PROTECTED CATEGORIES AS PROHIBITED BY
TITLE VII OF THE FEDERAL CIVIL RIGHTS ACT OF 1964, AS AMENDED; OR
8. MANAGEMENT COMPANIES ACTING AS VISA EMPLOYER-SPONSORS SHALL NOT
DEDUCT VISA-RELATED COSTS AND FEES FROM THE PAY OF A MODEL OR CREATIVE
IF THE APPLICABLE FEDERAL REGULATIONS/STATUTES GOVERNING THE VISA CATE-
GORY UNDER WHICH THE MODEL OR CREATIVE ENTERED THE UNITED STATES FOR THE
PURPOSES OF ENGAGING IN MODELING SERVICES OR CREATIVE SERVICES REQUIRES
THAT THE MANAGEMENT COMPANY COVER ALL OF THOSE VISA-RELATED COSTS AND
FEES.
§ 964. DUTIES OF CLIENTS AND HIRING PARTIES. A CLIENT OR HIRING PARTY
SHALL:
1. PROVIDE FEES, PAYMENT AND COMPENSATION DUE TO A MODEL OR CREATIVE,
INCLUDING COMPENSATION REQUIRED BY SUBDIVISION TWO OF THIS SECTION,
WITHIN THIRTY DAYS OF THE END OF ANY EMPLOYMENT, ENGAGEMENT, ENTER-
TAINMENT, EXHIBITION OR PERFORMANCE;
2. COMPENSATE MODELS AND CREATIVES AT AN HOURLY RATE AT LEAST FIFTY
PERCENT HIGHER THAN THE CONTRACTED HOURLY RATE FOR ANY EMPLOYMENT,
ENGAGEMENT, ENTERTAINMENT, EXHIBITION OR PERFORMANCE THAT EXCEEDS EIGHT
HOURS IN ANY TWENTY-FOUR HOUR PERIOD; AND
3. PROVIDE AT LEAST ONE THIRTY-MINUTE MEAL BREAK FOR ANY EMPLOYMENT,
ENGAGEMENT, ENTERTAINMENT, EXHIBITION OR PERFORMANCE THAT EXCEEDS EIGHT
HOURS IN ANY TWENTY-FOUR HOUR PERIOD.
§ 965. PROHIBITIONS ON CLIENTS AND HIRING PARTIES. A CLIENT OR HIRING
PARTY SHALL NOT ENGAGE IN DISCRIMINATION OR HARASSMENT OF ANY KIND
AGAINST A MODEL OR CREATIVE BASED ON ANY LEGALLY PROTECTED CATEGORIES AS
PROHIBITED BY TITLE VII OF THE FEDERAL CIVIL RIGHTS ACT OF 1964, AS
AMENDED.
§ 966. VIOLATIONS, PENALTIES AND PROCEDURES. 1. ANY MODEL MANAGEMENT
COMPANY OR CREATIVE MANAGEMENT COMPANY OR PERSON PURPORTING TO BE A
MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY WHO HAS FAILED
TO COMPLY WITH THE REGISTRATION REQUIREMENTS OF SECTION NINE HUNDRED
SIXTY OF THIS ARTICLE SHALL BE DEEMED TO HAVE VIOLATED THIS ARTICLE.
2. ANY MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY OR
PERSON PURPORTING TO BE A PROFESSIONAL EMPLOYER ORGANIZATION WHO HAS
FAILED TO COMPLY WITHIN THE TIME SPECIFIED BY LAW WITH AN ORDER ISSUED
BY THE COMMISSIONER TO COMPLY WITH THE REGISTRATION REQUIREMENTS OF
SECTION NINE HUNDRED SIXTY OF THIS ARTICLE SHALL BE DEEMED TO HAVE
VIOLATED THIS ARTICLE.
3. ANY CLIENT WHO ENTERS INTO AN AGREEMENT WITH A MODEL MANAGEMENT
COMPANY OR CREATIVE MANAGEMENT COMPANY OR PERSON PURPORTING TO BE A
MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY, WHO IS REQUIRED
A. 9762 7
TO REGISTER, BUT WHOM THE CLIENT KNOWS OR SHOULD HAVE KNOWN HAS FAILED
TO REGISTER, FAILED TO RENEW ITS REGISTRATION OR HAD ITS REGISTRATION
REVOKED BY THE COMMISSIONER SHALL BE DEEMED TO HAVE VIOLATED THIS ARTI-
CLE.
4. (A) THE COMMISSIONER MAY IMPOSE A CIVIL PENALTY UPON A MODEL
MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY, A PERSON PURPORTING
TO BE A MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY, AND ALL
PERSONS OR ENTITIES THAT OWN A FIVE PERCENT OR GREATER INTEREST IN THE
MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY, THAT HAVE BEEN
DEEMED TO HAVE VIOLATED THIS ARTICLE, FOR NO MORE THAN THREE THOUSAND
DOLLARS FOR THE INITIAL VIOLATION, AND FOR NO MORE THAN FIVE THOUSAND
DOLLARS FOR A SECOND OR SUBSEQUENT VIOLATION.
(B) THE COMMISSIONER MAY IMPOSE A CIVIL PENALTY UPON ANY CLIENT
DESCRIBED IN SUBDIVISION THREE OF THIS SECTION THAT HAS BEEN DEEMED TO
HAVE VIOLATED THIS ARTICLE, FOR NO MORE THAN ONE THOUSAND DOLLARS FOR
THE INITIAL VIOLATION, AND FOR NO MORE THAN FIVE THOUSAND DOLLARS FOR A
SECOND OR SUBSEQUENT VIOLATION.
(C) THE ORDER IMPOSING SUCH CIVIL PENALTY MAY BE SERVED PERSONALLY OR
BY CERTIFIED MAIL AT THE LAST KNOWN MAILING ADDRESS OF THE PERSON BEING
SERVED. SUCH ORDER SHALL BE IN WRITING AND SHALL DESCRIBE THE NATURE OF
THE VIOLATION, INCLUDING REFERENCE TO THE PROVISIONS OF SUBDIVISIONS
ONE, TWO AND THREE OF THIS SECTION ALLEGED TO HAVE BEEN VIOLATED.
5. AN ORDER ISSUED UNDER THIS SECTION SHALL BE FINAL AND NOT SUBJECT
TO REVIEW BY ANY COURT OR AGENCY UNLESS REVIEW IS HAD PURSUANT TO
SECTION ONE HUNDRED ONE OF THIS CHAPTER. PROVIDED THAT NO PROCEEDING FOR
ADMINISTRATIVE OR JUDICIAL REVIEW AS PROVIDED IN THIS CHAPTER SHALL THEN
BE PENDING AND THE TIME FOR INITIATION OF SUCH PROCEEDING SHALL HAVE
EXPIRED, THE COMMISSIONER MAY FILE WITH THE COUNTY CLERK OF THE COUNTY
WHERE THE PERSON AGAINST WHOM THE PENALTY HAS BEEN IMPOSED HAS A PLACE
OF BUSINESS THE ORDER OF THE COMMISSIONER OR THE DECISION OF THE INDUS-
TRIAL BOARD OF APPEALS CONTAINING THE AMOUNT OF THE CIVIL PENALTY. THE
FILING OF SUCH ORDER OR DECISION SHALL HAVE THE FULL FORCE AND EFFECT OF
A JUDGMENT DULY DOCKETED IN THE OFFICE OF SUCH CLERK. THE ORDER OR DECI-
SION MAY BE ENFORCED BY AND IN THE NAME OF THE COMMISSIONER IN THE SAME
MANNER, AND WITH LIKE EFFECT, AS THAT PRESCRIBED BY THE CIVIL PRACTICE
LAW AND RULES FOR THE ENFORCEMENT OF A MONEY JUDGMENT.
6. IF ANY MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY OR
PERSON PURPORTING TO BE A MODEL MANAGEMENT COMPANY OR CREATIVE MANAGE-
MENT COMPANY SHALL HAVE FAILED TO COMPLY WITHIN TWENTY DAYS OF AN ORDER
BY THE COMMISSIONER TO REGISTER OR RENEW REGISTRATION, THE COMMISSIONER
MAY SEEK TO ENJOIN SUCH UNLAWFUL ACTIVITY, PURSUANT TO THE CIVIL PRAC-
TICE LAW AND RULES.
7. THE INTENTIONAL FAILURE OF A MODEL MANAGEMENT COMPANY OR CREATIVE
MANAGEMENT COMPANY OR PERSON PURPORTING TO BE A MODEL MANAGEMENT COMPANY
OR CREATIVE MANAGEMENT COMPANY TO COMPLY WITH THE REGISTRATION REQUIRE-
MENTS OF SECTION NINE HUNDRED SIXTY OF THIS ARTICLE SHALL BE A CLASS B
MISDEMEANOR. THE OFFICERS AND AGENTS OF A MODEL MANAGEMENT COMPANY OR
CREATIVE MANAGEMENT COMPANY OR PERSON PURPORTING TO BE A MODEL MANAGE-
MENT COMPANY OR CREATIVE MANAGEMENT COMPANY WHO KNOWINGLY PERMIT SUCH
MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY TO VIOLATE THE
REGISTRATION REQUIREMENTS OF SECTION NINE HUNDRED SIXTY OF THIS ARTICLE
SHALL BE GUILTY OF A CLASS B MISDEMEANOR.
8. A MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT COMPANY, PERSON
PURPORTING TO BE A MODEL MANAGEMENT COMPANY OR CREATIVE MANAGEMENT
COMPANY, HIRING PARTY OR CLIENT THAT OTHERWISE VIOLATES THIS ARTICLE
SHALL BE LIABLE FOR ACTUAL DAMAGES TO ANY MODEL OR CREATIVE THAT HAS
A. 9762 8
SUFFERED DAMAGES DUE TO SUCH VIOLATION, AND THE COURT MAY, IN ITS
DISCRETION, AWARD PUNITIVE DAMAGES.
§ 2. Section 196-a of the labor law, as amended by chapter 564 of the
laws of 2010, is amended to read as follows:
§ 196-a. Complaints by employees to commissioner. [(a)] 1. Any
employee; person or organization acting on the employee's behalf; or the
recognized and certified collective bargaining agent acting on the
employee's behalf, may file with the commissioner a complaint regarding
a violation of this article, article five, seven, nineteen, or nine-
teen-A of this chapter for an investigation of such complaint and state-
ment setting the appropriate remedy, if any. The commissioner shall keep
the names of employees that are the subject of an investigation confi-
dential until such time that disclosure is necessary for resolution of
an investigation or a complaint. Failure of an employer to keep adequate
records or provide statements of wages to employees as required under
this chapter, in addition to exposing such employer to penalties author-
ized under subdivision one of section two hundred eighteen of this chap-
ter, shall not operate as a bar to filing of a complaint by an employee.
In such a case the employer in violation shall bear the burden of prov-
ing that the complaining employee was paid wages, benefits and wage
supplements.
[(b)] 2. Any employee, or the recognized and certified collective
bargaining agent acting on the employee's behalf, contractor, or the
recognized and certified labor organization with which the contractor
has executed a collective bargaining agreement covering wages, benefits
and supplements, may file with the commissioner a complaint regarding an
alleged violation of this article or article nineteen of this chapter
occasioned by another person, corporation, employer or entities in
violation of article thirty-five-E of the general business law for an
investigation of such complaint and statement setting the appropriate
remedy, if any.
3. (A) A MODEL OR CREATIVE WHO IS AGGRIEVED BY A VIOLATION OF ARTICLE
THIRTY-FOUR OF THIS CHAPTER MAY FILE A COMPLAINT WITH THE COMMISSIONER
WITHIN TWO YEARS AFTER THE ACTS ALLEGED TO HAVE VIOLATED SAID ARTICLE
OCCURRED. THE COMMISSIONER SHALL PRESCRIBE THE FORM OF THE COMPLAINT,
WHICH SHALL INCLUDE, AT A MINIMUM:
(I) THE NAME AND MAILING ADDRESS OF THE MODEL OR CREATIVE AND OF THE
HIRING PARTY ALLEGED TO HAVE VIOLATED ARTICLE THIRTY-FOUR OF THIS CHAP-
TER;
(II) A STATEMENT DETAILING THE TERMS OF THE MODEL OR CREATIVE'S
CONTRACT, INCLUDING A COPY OF SUCH CONTRACT IF AVAILABLE;
(III) THE MODEL OR CREATIVE'S OCCUPATION;
(IV) A STATEMENT DETAILING THE ALLEGED VIOLATIONS OF ARTICLE THIRTY-
FOUR OF THIS CHAPTER; AND
(V) A SIGNED AFFIRMATION THAT ALL FACTS ALLEGED IN THE COMPLAINT ARE
TRUE.
(B) (I) WITHIN TWENTY DAYS OF RECEIVING A COMPLAINT ALLEGING A
VIOLATION OF ARTICLE THIRTY-FOUR OF THIS CHAPTER, THE COMMISSIONER SHALL
SEND THE HIRING PARTY NAMED IN THE COMPLAINT A WRITTEN NOTICE OF
COMPLAINT. THE COMMISSIONER SHALL SEND SUCH NOTICE BY CERTIFIED MAIL
AND SHALL BEAR THE COST OF SENDING SUCH NOTICE.
(II) THE NOTICE REQUIRED BY THIS PARAGRAPH SHALL:
(1) INFORM THE HIRING PARTY THAT A COMPLAINT HAS BEEN FILED ALLEGING
VIOLATIONS OF ARTICLE THIRTY-FOUR OF THIS CHAPTER;
(2) DETAIL THE REMEDIES AVAILABLE TO A MODEL OR CREATIVE FOR
VIOLATIONS OF SAID ARTICLE BY A HIRING PARTY;
A. 9762 9
(3) INCLUDE A COPY OF THE COMPLAINT; AND
(4) INFORM THE HIRING PARTY THAT FAILURE TO RESPOND TO THE COMPLAINT
WILL CREATE A REBUTTABLE PRESUMPTION IN ANY CIVIL ACTION COMMENCED
PURSUANT TO ARTICLE THIRTY-FOUR OF THIS CHAPTER THAT THE HIRING PARTY
COMMITTED THE VIOLATIONS ALLEGED IN THE COMPLAINT.
(C) WITHIN TWENTY DAYS OF RECEIVING THE NOTICE OF COMPLAINT, THE
HIRING PARTY IDENTIFIED IN THE COMPLAINT SHALL SEND THE COMMISSIONER ONE
OF THE FOLLOWING:
(I) A WRITTEN STATEMENT THAT THE MODEL OR CREATIVE HAS BEEN PAID IN
FULL AND PROOF OF SUCH PAYMENT; OR
(II) A WRITTEN STATEMENT THAT THE MODEL OR CREATIVE HAS NOT BEEN PAID
IN FULL AND THE REASONS FOR THE FAILURE TO PROVIDE SUCH PAYMENT.
(D) (I) WITHIN TWENTY DAYS OF RECEIVING THE WRITTEN RESPONSE, THE
COMMISSIONER SHALL SEND THE MODEL OR CREATIVE A COPY OF:
(1) THE RESPONSE;
(2) ANY ENCLOSURES SUBMITTED TO THE COMMISSIONER WITH THE RESPONSE;
(3) MATERIALS INFORMING THE MODEL OR CREATIVE THAT HE OR SHE MAY BRING
AN ACTION IN A COURT OF COMPETENT JURISDICTION; AND
(4) ANY OTHER INFORMATION ABOUT THE STATUS OF THE COMPLAINT.
(II) IF THE COMMISSIONER RECEIVES NO RESPONSE FROM THE HIRING PARTY TO
THE NOTICE OF COMPLAINT WITHIN THE TIME PROVIDED BY THIS SUBDIVISION,
THE COMMISSIONER SHALL MAIL A NOTICE OF NON-RESPONSE TO BOTH THE MODEL
OR CREATIVE AND THE HIRING PARTY BY REGULAR MAIL AND SHALL INCLUDE WITH
SUCH NOTICE PROOF THAT THE COMMISSIONER PREVIOUSLY MAILED THE NOTICE OF
COMPLAINT TO THE HIRING PARTY BY CERTIFIED MAIL. UPON SATISFYING THE
REQUIREMENTS OF THIS PARAGRAPH, THE COMMISSIONER MAY CLOSE THE CASE.
(E) AS USED IN THIS SUBDIVISION, "MODEL" AND "CREATIVE" SHALL HAVE THE
MEANINGS DEFINED IN SECTION NINE HUNDRED FIFTY-NINE OF THIS CHAPTER.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.