New York Fashion Workers Act Defeated in 2022 Legislative Session

New York State’s legislative session ended for the year in the early hours of June 3, without the passage of the troublesome New York Fashion Workers Act ( S.8638-A / A.9762-A). The bill advanced out the Senate Labor committee but failed to receive a final floor vote in the final days of the session.

Despite agencies being a middleman between a brand client and a creative management company, the bill imposed a blanket requirement that agencies render payment to creatives (hair stylists, makeup artists, casting directors, etc.) or their representative management companies no later than 30 days after the completion of services. It did not provide exceptions in the event of non-payment by an agency’s client. Many agencies well know that some clients do not remit payment to their agencies within  a 30-day time frame, which could result in agencies having to “float” those talent costs while they await payment from their own clients. Other areas of concern in the bill include generous contract transparency requirements for creatives and models, which could potentially violate client confidentiality agreements.

The 4A’s submitted written comments to New York Assembly members urging them against advancing the bill in the 2022 session. Our letter also expressed a willingness to work with the bills’ authors and relevant committee members to address our concerns with the legislation. Our advocacy efforts were closely coordinated with other big players in the advertising and production industries including the Association of National Advertisers (ANA) and the Artist Management Association (AMA).

If you have any questions about the New York Fashion Workers Act and how it could impact agencies, please contact Alison Pepper, Executive Vice President of Government Relations and Sustainability.