BILL NUMBER: S6325
SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:
An act to amend the executive law and the labor law, in relation to
establishing certain practices relating to models
 
PURPOSE:
To ensure models, regardless of their status as independent contractors
or employees, are afforded protections against harassment in the work-
place.
 
SUMMARY OF PROVISIONS:
Section 1 of the bill would amend the executive law by adding new
section 296-d, which would make it an unlawful, discriminatory practice
for a "client" or "modeling entity" to engage in unwelcome sexual
advances, requests for sexual favors, or other verbal or physical
conduct of a sexual nature to a model. This section defines the terms
"client," "model," "modeling entity," and "modeling services."
Section II of the bill defines "unlawful discriminatory practice."
Section III sets forth the effective date.
 
JUSTIFICATION:
Though modeling agencies in New York State are licensed with other
employment agencies under general business law, it is common practice
for agencies to claim that they instead serve as management companies.
Using the "incidental booking exception," modeling agencies assert that
the bookings they secure for models are secondary to managing models'
careers. As a result, agencies have escaped licensing requirements, caps
on commissions, and accountability to the models whose interests they
represent. Additionally, the inconsistencies in classification as to
whether models are employees or independent contractors have cultivated
a workplace environment where models are not afforded clear labor
protections under the law.
This bill would address loopholes in the law by making it an unlawful
discriminatory practice for a modeling entity, whether it be a manage-
ment agency or company, to subject a model to harassment, regardless of
their status as an independent contractor or employee. This includes
but is not limited to unwelcome sexual advances, requests for sexual
favors, and harassment based on age, race, national origin, color, sexu-
al orientation, sex, and disability.
 
LEGISLATIVE HISTORY:
2024; Held in Senate Rules Committee.
 
FISCAL IMPACT ON THE STATE:
None.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth fay after it shall have
become law; provided, however, that effective immediately, the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date are authorized and
directed to be made and completed on or before such effective date

Statutes affected:
S6325: 292 executive law, 292(4) executive law