Labor Law 1037 — Legislation
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ARTICLE 36
New York State Fashion Workers Act
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SECTION 1038
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SECTION 1037
Duties of clients
Labor (LAB) CHAPTER 31, ARTICLE 36
§ 1037. Duties of clients. A client shall:
1. compensate models at an hourly rate at least fifty percent higher
than the contracted hourly rate for any employment, engagement,
entertainment, exhibition or performance that exceeds eight hours in any
twenty-four hour period;
2. provide at least one thirty minute meal break for any employment,
engagement, entertainment, exhibition or performance that exceeds eight
hours in any twenty-four hour period;
3. only offer an employment or engagement to a model that does not
pose an unreasonable risk of danger to the model. An unreasonable risk
of danger shall include, but not be limited to, failure to establish and
communicate a company policy that equals or exceeds the minimum
standards provided for by existing law that addresses abuse, harassment,
or any other form of inappropriate behavior;
4. ensure that any employment, engagement, entertainment, exhibition
or performance which requires nudity or other sexually explicit material
shall comply with the requirements of subdivision three of section
fifty-two-c of the civil rights law, as added by chapter three hundred
four of the laws of two thousand twenty;
5. allow the model to be accompanied by their agent, manager,
chaperone, or other representative to any employment, engagement,
entertainment, exhibition or performance;
6. provide liability insurance to cover and safeguard the health and
safety of models; and
7. obtain clear and conspicuous prior written consent from the model
for any creation or use of a model's digital replica, detailing the
scope, purpose, rate of pay, and duration of such use.