How the newly-signed Fashion Workers Act will affect models, brands and agencies

Sara Ziff, founder of Model Alliance, the political action group that championed the bill, celebrated the victory in an open letter to supporters on December 22.

“This landmark victory, which affords labor rights to models in New York, sends a message to workers across the $2.5 trillion fashion industry that they deserve to be treated with dignity and respect just like everyone else who works for a living,” she wrote.

While data on the revenue that the major modeling agencies generate is scarce since they are privately held, the New York fashion industry employs over 180,000 people. New York Fashion Week, held twice annually, generates over $500 million in revenue and relies on models. The previously unregulated world of modeling agencies is notorious for the predatory treatment of young models, most exemplified by the many allegations of sexual misconduct against longtime Elite boss Gerald Marie.

The bill faced opposition from a group calling itself the Coalition for Fairness in Fashion (a name widely mocked by activists), which included major modeling companies like Next, Elite and True. Stylist and designer Amy Ekren told Glossy that these large agencies are the biggest offenders when it comes to the criticisms the Act is meant to address.

“The bigger changes will be felt at larger agencies and companies that have operated without these safeguards for years,” Ekren said.

While the bill directly targets how modeling agencies operate, the changes will filter down to the many fashion brands that make use of those agencies to cast their shows and campaigns. The wording of the bill applies to anyone who employs models, even if they do so through an intermediary like an agency. Brands that hire models directly will have to ensure their payments are delivered on time and contracts are clear and transparent. Additionally, the law will protect content creators and influencers acting as models. Fashion brands have increasingly looked to influencers, rather than traditional models, to serve as the faces of campaigns, and the influencer world is similarly unregulated.

While the law won’t go into effect until June, brands can and should start preparing for its effects now, Ekren said.

“Brands should start by auditing their current practices,” she said. “Are they paying workers fairly and on time? Do contracts clearly outline expectations? It’s also important to establish open lines of communication with the freelancers and agencies they work with.”

The Fashion Workers Act is just one of several pieces of legislation circling in both the U.S. and the EU aimed at making the fashion industry a fairer place to work. These include the Fashion Act, which is still in the works, as well as Europe’s Circular Economy Action Plan, both of which focus on reducing fashion’s climate impact.

On the West Coast, Los Angeles passed a new community plan for the Fashion District last month that prevents the conversion of properties into luxury residences, requires new construction to include space for garment manufacturing, and establishes a task force to study what resources are needed to strengthen the city’s garment industry. The changes were strongly supported by local garment workers groups including the Garment Worker Center.

“There is still much work to be done at a local level in regards to bolstering an industry that has called the Fashion District home for over 130 years,” said Garment Worker Center executive director Marissa Nuncio in a statement after the victory.