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New York Child Modeling Legislation May Alter the Fashion Industry
Author: Scarinci Hollenbeck, LLC
Date: June 14, 2013
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Proposed modeling legislation in the state of New York may have a dramatic impact on the fashion industry as it would afford child fashion models that same legal protections as those applied to child actors, dancers, and performers under the age of 18.
State Senate Co-Leader Jeff Klein and State Senate Labor Committee Chairwoman Diane Savino recently proposed a new law that would include child print and runway models under existing legislation that provides added protections to child entertainers. These protections – which are extended to underage models in video fashion shoots – require that models have chaperones and medical staff on set, maintain their educational requirements, and transfer a portion of their earnings to a financial trust. Underage models would also be required to obtain a permit and employers would have to apply for a general certificate of eligibility to employ child performers. Currently, print and runway models under age 18 do not have access to these legal safeguards.
The legislation has drawn support from nonprofit organization Model Alliance. Following the release of a report from the Independent Democratic Conference, lawmakers said the legislation may impose protections that lower the risk of exploitation and abuse of child models.
“Most models begin their career around the age of 13, sacrificing their education, health and financial security to model without the basic protections they deserve under New York’s current law,” said Savino. “Today, we are bringing attention to the rampant exploitation and sexual abuse of child models and announcing legislation that will give child models these critical protections they have gone without for too long.”
If the legislation is passed, it may result in a backlash from designers and other fashion industry professionals who find the new entertainment law provisions to burdensome or tedious. This may prompt some designers to reevaluate casting decisions and gravitate toward 18-year-old models to avoid strict child labor law requirements.
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No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
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