S T A T E O F N E W Y O R K
________________________________________________________________________
823
2025-2026 Regular Sessions
I N S E N A T E
(PREFILED)
January 8, 2025
___________
Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
when printed to be committed to the Committee on Rules
AN ACT to amend the labor law, in relation to model management companies
and model management groups; and to amend a chapter of the laws of
2024 amending the labor law relating to enacting the New York state
fashion workers act, as proposed in legislative bills numbers S. 9832
and A. 5631-E, in relation to the effectiveness thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Sections 1031, 1032, 1033, 1034, 1035, 1037 and 1038 of the
labor law, as added by a chapter of the laws of 2024 amending the labor
law relating to enacting the New York state fashion workers act, as
proposed in legislative bills numbers S. 9832 and A. 5631-E, is amended
to read as follows:
§ 1031. Definitions. As used in this article:
1. "Client" means a [retail store, a manufacturer, a clothing design-
er, an advertising agency, a photographer, a publishing company or any
other such] person or entity that [receives] CONTRACTS FOR AND MANAGES
THE PERFORMANCE OF modeling services from a model OR MODEL MANAGEMENT
COMPANY, directly or through intermediaries.
2. "Model" means an individual[, regardless of the individual's status
as an independent contractor or employee,] who, IN THE COURSE OF SUCH
INDIVIDUAL'S TRADE, OCCUPATION OR PROFESSION, performs modeling services
[for a client and/or model management company or who provides showroom,
parts, or fit modeling services], REGARDLESS OF THE INDIVIDUAL'S STATUS
AS AN EMPLOYEE OR INDEPENDENT CONTRACTOR.
3. (A) "Model 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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02897-01-5
S. 823 2
[(a)] (I) is in the business of managing models participating in
entertainments, exhibitions or performances;
[(b)] (II) procures or attempts to procure, for a fee, employment or
engagements for persons seeking employment or engagements as models; or
[(c)] (III) renders vocational guidance or counseling services to
models for a fee.
(B) MODEL MANAGING SHALL NOT INCLUDE DIRECT ENGAGEMENT OF A MODEL WHO
IS NOT REPRESENTED BY AN AGENCY OR MANAGEMENT COMPANY FOR USE OF MODELS
IN A CAMPAIGN OR SHOOT.
4. "MODEL MANAGEMENT GROUP" MEANS TWO OR MORE MODEL MANAGEMENT COMPA-
NIES THAT ARE MAJORITY OWNED BY THE SAME ULTIMATE PARENT, ENTITY OR
PERSONS. A MODEL MANAGEMENT GROUP MAY SATISFY ANY REPORTING AND FINAN-
CIAL REQUIREMENTS OF THIS ARTICLE ON A CONSOLIDATED BASIS. AS A CONDI-
TION OF REGISTRATION AS A MODEL MANAGEMENT GROUP, EACH COMPANY THAT IS A
MEMBER OF THE GROUP SHALL GUARANTEE PAYMENT OF ALL FINANCIAL OBLIGATIONS
OF EACH OTHER MEMBER.
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. "Modeling services" includes the use of a digital
replica.
[5.] 6. "Exclusive representation" means an agreement, or a clause
contained in an agreement, entered into between a model management
company and a model that restricts such model from [performing work for]
BEING REPRESENTED BY 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's work for the model management company.
[6.] 7. "Deal memo" means a summary written in plain language which
identifies the key components of any employment, engagement, enter-
tainment, exhibition, or performance, including but not limited to the
scope of work, rate of pay, payment term, usages, incurred expenses,
INCLUDING ANY EXPENSES TO BE INITIALLY INCURRED BY EITHER THE MODEL
MANAGEMENT COMPANY OR THE MODEL AND REIMBURSED BY THE CLIENT, and OTHER
expectations of the model. A deal memo shall be provided in the language
requested by the model.
[7.] 8. "Digital replica" means a significant, computer-generated or
artificial intelligence-enhanced representation of a model's likeness,
including but not limited to, their face, body, or voice, which substan-
tially replicates or replaces the model's appearance or performance,
excluding routine photographic edits such as color correction, minor
retouching, or other standard post-production modifications.
§ 1032. Registration required. [A] 1. EXCEPT AS OTHERWISE PROVIDED IN
THIS SECTION, A model management company OR MODEL MANAGEMENT GROUP shall
not engage in business in this state or enter into any arrangement with
a client or model for the purpose of providing model management company
OR MODEL MANAGEMENT GROUP services in this state unless the model
management company OR MODEL MANAGEMENT GROUP is registered under this
article. A model management company OR MODEL MANAGEMENT GROUP that does
not comply with the provisions of this article shall not be a registered
model management company OR MODEL MANAGEMENT GROUP in this state.
S. 823 3
2. A MODEL MANAGEMENT COMPANY OR MODEL MANAGEMENT GROUP SHALL BE
EXEMPT FROM THE REGISTRATION REQUIREMENTS SPECIFIED IN THIS SECTION IF
SUCH MODEL MANAGEMENT COMPANY OR MODEL MANAGEMENT GROUP:
(A) SUBMITS A PROPERLY EXECUTED REQUEST FOR AN EXEMPTION FROM REGIS-
TRATION TO THE DEPARTMENT;
(B) IS DOMICILED OUTSIDE THIS STATE AND IS LICENSED OR REGISTERED AS A
MODEL MANAGEMENT COMPANY IN ANOTHER STATE THAT HAS REQUIREMENTS AT LEAST
AS STRICT 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.
§ 1033. Registration process. 1. Except as otherwise provided in this
section, a model management company OR MODEL MANAGEMENT GROUP required
to be registered under this article shall provide the department with
information required by the department on forms that the department
specifies.
2. [Two or more model management companies that are majority owned by
the same ultimate parent, entity or persons may be registered as a model
management group. A model management group may satisfy any reporting and
financial requirements of this article on a consolidated basis. As a
condition of registration as a model management group, each company that
is a member of the group shall guarantee payment of all financial obli-
gations of each other member.] At a minimum, a model management company
or model management group 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 model management group and the address of each
office it maintains in New York state;
(c) the model management company or model management group's taxpayer
or employer identification number;
(d) a list by jurisdiction of each name under which the model manage-
ment company or model management group has operated in the preceding
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 the ultimate parent
of a model management group is a privately or closely held company, the
model management company or model 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 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 its predecessors in
the preceding five years. In the event the model management company or
the ultimate parent of a model management group is a publicly traded
company, the model management company or model 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 the ulti-
mate parent of the model management group at the time of application.
3. Each model management company or model management group operating
within this state shall [complete] SUBMIT its initial registration TO
THE DEPARTMENT within one year after the effective date of this article.
4. Upon application for registration, a model management company or
model management group with more than five employees that either work
from a location in this state or perform work relating to models in this
state shall deposit with the department a surety bond in the sum of
fifty thousand dollars.
5. Every model management company or model management group registered
pursuant to the provisions of this article shall pay to the commissioner
S. 823 4
a registration fee before the certificate of registration is issued. The
registration fee for a model management company or model management
group operating with five or less employees shall be five hundred
dollars, and for a model management company or model management group
operating with more than five employees, the registration fee shall be
seven hundred dollars. If the application for registration is denied or
withdrawn, one-half of the registration fee provided herein shall be
returned to the applicant.
6. [A model management company shall be exempt from the registration
requirements specified in this section if such model management company:
(a) submits a properly executed request for an exemption from regis-
tration on a form provided by the department;
(b) is domiciled outside this state and is licensed or registered as a
model 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] A registration or exemption from registration of a model
management company OR MODEL MANAGEMENT GROUP shall be valid for two
CALENDAR years[; the department shall also establish a registration
renewal process] FROM THE DATE OF REGISTRATION OR EXEMPTION. REGISTRA-
TIONS OR EXEMPTIONS MAY BE RENEWED NOT LESS THAN NINETY DAYS BEFORE THE
EXPIRATION DATE OF THE IMMEDIATELY PRECEDING REGISTRATION.
[8.] 7. The department shall maintain a list of model management
companies AND MODEL MANAGEMENT GROUPS registered under this article and
shall issue a certificate of registration OR A CERTIFICATE OF EXEMPTION
to each model management company OR MODEL MANAGEMENT GROUP duly regis-
tered.
[9.] 8. The department shall prescribe forms necessary to promote the
efficient administration of this section.
§ 1034. Duties of model management companies. A model management
company shall:
1. be deemed to have a fiduciary duty to the models they represent and
shall be required to act in good faith, with the utmost honesty and
integrity, in the best interests of the models. This fiduciary duty
shall encompass all aspects of the model management company's represen-
tation, including, but not limited to, negotiations, contracts, finan-
cial management, and the protection of the models' legal and financial
rights;
2. conduct due diligence to ensure that any employment or engagement
procured through the model management company does not pose an unreason-
able risk of danger to the model. An unreasonable risk of danger shall
include, but not be limited to, failing to establish and communicate a
[zero tolerance] COMPANY policy [for] THAT EQUALS OR EXCEEDS THE MINIMUM
STANDARDS PROVIDED FOR BY EXISTING LAWS THAT ADDRESS abuse, harassment,
or any other form of inappropriate behavior TOWARDS MODELS REPRESENTED
BY THE MODEL MANAGEMENT COMPANY OR MODEL MANAGEMENT GROUP;
3. use its best efforts to procure employment, engagements, enter-
tainments, exhibitions or performances for remuneration for the models
signed to the model management company OR MODEL MANAGEMENT GROUP;
4. 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, as added by chapter three hundred
four of the laws of two thousand twenty;
S. 823 5
5. provide models with written physical or digital copies of [the
final agreements the model management company has negotiated with
clients and any]: (A) A deal [memos] MEMO memorializing [such] agree-
ments [at least twenty-four hours], WHICH INCLUDES THE REMUNERATION AND
COMPENSATION SUCH MODEL SHALL BE OWED UPON CONCLUSION OF SERVICES THAT
THE MODEL ACCEPTS, AS SOON AS REASONABLY PRACTICAL prior to the
commencement of a model's services [pertaining to each agreement], AND
(B) THE FINAL AGREEMENT NEGOTIATED WITH CLIENTS IN RELATION TO SUCH
BOOKING in the language requested by the model MAKING BEST EFFORTS TO
SIGN THE CONTRACT AHEAD OF BOOKING, PROVIDED THAT THE FINAL AGREEMENT
SHALL BE PROVIDED TO THE MODEL WITHIN SEVEN CALENDAR DAYS OF THE CONCLU-
SION OF THE MODEL'S SERVICES;
6. clearly specify AND SEEK PRIOR WRITTEN APPROVAL FROM THE MODEL OF
all items that may be initially paid for by the model management company
but will ultimately be deducted from the compensation due to the model
at the time of payment or settlement, together with an itemized recita-
tion as to how each item is to be computed, provided such charges are
not otherwise prohibited by this article. On a quarterly basis, a model
shall also be given copies of any and all documentation held by or
available to the model management company necessary to determine the
validity of each charge;
7. disclose any financial relationship, contractual or otherwise,
that may exist between the model management company and the client,
other than the agreement relating specifically to modeling services;
8. notify former models in writing, including electronic notification,
if the model management company collects royalties due to a model whom
the management company no longer represents;
9. post a physical copy of the model management company's certificate
of registration in a conspicuous place in the office of the model
management company and a digital copy on the model management company's
website;
10. include, in clear and legible type, the registration number of the
model management company in any advertisement, including social media
profiles for the model management company, for the purpose of the solic-
itation of models for the model management company and in any contract
with a model or client; and
11. obtain clear written consent FROM THE MODEL for [the] ANY creation
or use of a model's digital replica, detailing the scope, purpose, rate
of pay, and duration of such use. This consent must be obtained sepa-
rately from the representation agreement.
§ 1035. Prohibitions on model management companies. A model management
company shall not:
1. require or collect any fee or deposit from a model upon the signing
of, or as a condition to entering into, any contract or agreement
between the model management company and the model;
2. procure any accommodation for which payment shall be provided or
reimbursed by the model in any way, without providing a written disclo-
sure of the rate charged for the accommodation to the model in advance
of such model's stay at the accommodation;
3. deduct or offset from a model's payment or compensation any fee or
expense, INCLUDING INTEREST, other than the agreed upon commission as
set forth in the contract and any items advanced pursuant to subdivision
six of section one thousand thirty-four of this article[. Such prohib-
ited fees and expenses include but are not limited to website fees,
accommodation fees, delivery fees, and interest on payment of the
model's earnings];
S. 823 6
4. advance the cost of travel or visa-related costs without informed
written consent from the model;
5. require a model to sign a model management company contract that
contains a term greater than three years;
6. require a model to sign a model management company contract that
renews without the model's affirmative written consent;
7. impose a commission fee greater than twenty percent of the model's
payment or compensation;
8. [take any retaliatory action against any model 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;
9.] engage in discrimination or harassment of any kind against a model
because of any protected status covered under paragraph (a) of subdivi-
sion one of section two hundred ninety-six of the executive law; or
10. create, alter, or manipulate a model's digital replica using arti-
ficial intelligence without clear, conspicuous and separate written
consent from the model.
§ 1037. Duties of clients. A client shall:
1. compensate models at an hourly rate at least fifty percent higher
than the contracted hourly rate for any employment, engagement, enter-
tainment, exhibition or performance that exceeds eight hours in any
twenty-four hour period;
2. 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;
3. only offer an employment or engagement to a model that does not
pose an unreasonable risk of danger to the model. An unreasonable risk
of danger shall include, but not be limited to, failure to establish and
communicate a [zero tolerance] COMPANY policy [for] THAT EQUALS OR
EXCEEDS THE MINIMUM STANDARDS PROVIDED FOR BY EXISTING LAW THAT
ADDRESSES abuse, harassment, or any other form of inappropriate behav-
ior;
4. 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, as added by chapter three hundred
four of the laws of two thousand twenty;
5. allow the model to be accompanied by their agent, manager, chaper-
one, or other representative to any employment, engagement, enter-
tainment, exhibition or performance;
6. provide [adequate levels of] liability insurance to cover and safe-
guard the health and safety of models; and
7. obtain clear and conspicuous prior written consent FROM THE MODEL
for any creation or use of a model's digital replica, detailing the
scope, purpose, rate of pay, and duration of such use.
§ 1038. Violations, penalties and procedures. 1. Any model management
company OR MODEL MANAGEMENT GROUP that has failed to comply with the
registration requirements of section one thousand thirty-two of this
article shall be deemed to have violated this article.
2. Any model management company OR MODEL MANAGEMENT GROUP that 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 one thousand thirty-two of this article shall be deemed to have
violated this article.
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3. (a) The commissioner may impose a civil penalty upon a model
management company, MODEL MANAGEMENT GROUP, OR CLIENT that has 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 order imposing such civil penalty may be served personally or
by certified mail [at the last known mailing address of the person being
served] IN ACCORDANCE WITH SECTION THIRTY-THREE OF THIS CHAPTER. 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.
4. An order issued under this section shall be final and not subject
to review by any court or agency unless a 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.
5. If any model management company has 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 practice law and rules.
6. The attorney general may bring and maintain an action in a court of
competent jurisdiction to enforce the provisions of this article when
the attorney general has determined there is reasonable cause to believe
that a model management company, MODEL MANAGEMENT GROUP, OR CLIENT has
engaged in repeated fraudulent or illegal acts or otherwise demonstrates
persistent fraud or illegality in the carrying on, conducting, or trans-
acting of business.
7. (a) A model who is aggrieved by a violation of this article may
file a complaint with the commissioner within six years after the acts
alleged to have violated this 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 and of the person or
entity alleged to have violated this article;
(ii) a statement detailing the terms of the model's contract, includ-
ing a copy of such contract if available;
(iii) the model's occupation;
(iv) a statement detailing the alleged violations of this article; and
(v) a signed affirmation that all facts alleged in the complaint are
true.
(b) (i) [Within twenty days of] UPON receiving a complaint alleging a
violation of this article, the commissioner shall send the person or
entity named in the complaint a written notice of complaint. The
commissioner shall send such notice by certified mail IN ACCORDANCE WITH
SECTION THIRTY-THREE OF THE LABOR LAW and shall bear the cost of sending
such notice.
(ii) Notice shall include:
(1) a copy of the complaint;
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(2) materials of remedies available to the model for the violations of
said article by the person or entity named in the complaint;
(3) materials informing the person or entity that twenty days after
receiving the notice of complaint, the person or entity identified in
the complaint must answer; and
(4) materials informing the person or entity that failure to respond
to the complaint will create a rebuttable presumption in any civil
action commenced pursuant to this article that such person or entity
committed the violations alleged in the complaint.
(c) The response shall include:
(i) a written statement that the model has been paid in full and proof
of such payment; [or]
(ii) a written statement that the model has not been paid in full and
the reasons for the failure to provide such payment; OR
(III) A WRITTEN STATEMENT AND ANY PROOF RESPONDING TO THE VIOLATIONS
ALLEGED IN THE COMPLAINT.
(d) (i) [Within twenty days of] UPON receiving the written response,
the commissioner shall send the model a copy of:
(1) the response;
(2) any enclosures submitted to the commissioner with the response;
and
(3) any other information about the status of the complaint.
(ii) If the commissioner receives no response from the person or enti-
ty alleged to have violated this article to the notice of complaint
within the time provided by this subdivision, then there shall be a
[rebuttable presumption] DETERMINATION that such person or entity
committed the violations alleged in the complaint. The commissioner
shall mail a notice of non-response to both the model and the person or
entity named in the complaint by regular mail and shall include with
such notice proof that the commissioner previously mailed the notice of
complaint to the person or entity named in the complaint by certified
mail.
8. An aggrieved model may bring and maintain an action in a court of
competent jurisdiction to enforce the provisions of sections one thou-
sand thirty-four and one thousand thirty-five of this article. A model
management company OR MODEL MANAGEMENT GROUP that violates these
sections shall be liable for actual damages to any model that has
suffered damages due to such violation, reasonable attorneys' fees and
costs, and, unless the [employer] MODEL MANAGEMENT COMPANY OR GROUP
proves a good faith basis to believe that its actions were in compliance
with the law, an additional amount as liquidated damages in an amount of
no more than one hundred percent of the total amount of actual damages,
except such liquidated damages may be up to three hundred percent if
found that the actions were willful.
9. NO CLIENT, MODEL MANAGEMENT COMPANY, OR MODEL MANAGEMENT GROUP
SHALL BE PERMITTED TO RETALIATE AGAINST A MODEL FOR EXERCISING ANY OF
SUCH MODEL'S RIGHTS UNDER THIS ARTICLE, INCLUDING THE RIGHT TO RAISE
COMPLAINTS WITH THE CLIENT, MODEL MANAGEMENT COMPANY, MODEL MANAGEMENT
GROUP, COMMISSIONER, OR ATTORNEY GENERAL. ANY VIOLATION OF THIS SECTION
SHALL BE SUBJECT TO ENFORCEMENT IN THE SAME MANNER AS PRESCRIBED IN
SECTION TWO HUNDRED FIFTEEN OF THIS CHAPTER.
§ 2. Section 2 of a chapter of the laws of 2024 amending the labor law
relating to enacting the New York state fashion workers act, as proposed
in legislative bills numbers S. 9832 and A. 5631-E, is amended to read
as follows:
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§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; PROVIDED, HOWEVER, THAT SECTION 1032 OF THE
LABOR LAW AS ADDED BY SECTION ONE OF THIS ACT SHALL TAKE EFFECT ONE YEAR
AFTER SUCH EFFECTIVE DATE. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.
§ 3. This act shall take effect immediately; provided, however, that
section one of this act shall take effect on the same date and in the
same manner as a chapter of the laws of 2024 amending the labor law
relating to enacting the New York state fashion workers act, as proposed
in legislative bills numbers S. 9832 and A. 5631-E, takes effect.
