Gov. Hochul signs the Fashion Workers Act

On December 24, 2024, Governor Kathy Hochul signed the Fashion Workers Act (S.9832 (Holyman-Sigal)/ A.5631E (Reyes)) (the “FWA”) into law. The FWA, which will go into effect in June 2025, will require fashion model management companies (modeling agencies) to register with the Department of Labor, imposes a fiduciary duty on the agency-model relationship, mandates certain new disclosures and limitations, and allows for a private right of action and the recovery of attorneys’ fees for any violations of the FWA’s requirements.

“This will dramatically change the way many management companies do business representing fashion models and other talent in the fashion industry,” says FDG Partner and Founding Member, Joseph A. D’Avanzo, who has represented both talent and management companies in the fashion industry for over twenty years. “These management companies will have a mere 6 months to put these changes in place before the Act takes effect,” says D’Avanzo. “From the models’ standpoint, the FWA provides rights and protections to them beyond the terms of their current contracts with the agencies and they will need to learn what these are to ensure they are being treated fairly and lawfully as they pursue their modeling careers.”

FDG anticipates that the implementation of the FWA’s requirements and the question of what constitutes compliance will be important concerns for management companies and fashion models throughout 2025.