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Fashion Workers Act clears N.Y. Senate, awaits Assembly hurdle

The semi-annual New York Fashion Week brings in $600 million for the state of New York each year, solidifying the city's status as a global center for the fashion industry. The fashion sector in New York employs about 180,000 people, making up nearly $11 billion in total compensation.

A plan that's gaining traction in the state legislature would provide fashion workers the same labor rights as other industries and regulate talent companies that hire models.

Legislators seek to guarantee that these employees have fundamental labor rights against discrimination, pay fraud, and harassment.

The Fashion Workers Act would impose regulations on talent agencies and require appropriate notice of agreements and contract renewals. A model's agency commission payments would be limited to 20% of her salary. 

Rafael Espinal, executive director of the Freelancers Union, stated, "It's really about closing that loophole and making sure that those people are being held accountable. For some reason, these management companies are not being held to the same standards as clients, or as employers."

The bill has been passed by the Senate twice, but the Assembly is still delaying it.

Currently, management organizations are able to hire talent and set their own pay rates because they are exempt from licensing and restrictions.

These companies usually provide exclusive multi-year contracts or work visas to their employees; they are not obligated to make regular payments. 

They must receive payment for their work within 45 days of it becoming law if the bill is approved. 


The executive director of the Model Alliance, Sara Ziff, has been fighting for the measure from its initial proposal three years ago. "We're also talking about a young, vulnerable workforce, you know, mostly young immigrant women and girls who don't have basic rights as workers," Ziff stated.

This session's amendment was made to safeguard fashion industry employees from a business that might use artificial intelligence (AI) to change their appearance without their permission.

Ziff claimed to have met a Taiwanese American model who just had her appearance altered by a company using artificial intelligence (AI) to make her appear white.

"So there's a range of issues, but you know, what we're asking for is so basic – being able to see our contracts and agreements and have insight into our own finances," Ziff stated. "This shouldn't be controversial."

Every year, the fashion business brings in $2.5 trillion worldwide and brings in roughly $2 billion in tax revenue for the state.

On Tuesday, the Fashion Worker's Act is anticipated to be advanced for the first time by the Assembly Labor Committee. Harry Bronson, the chair of the Labor Committee, expressed his expectation that it will be brought to the floor for a vote before the end of the session. /BGNES

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