NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5631C
SPONSOR: Reyes
 
TITLE OF BILL:
An act to amend the labor law, in relation to enacting the New York
state fashion workers act
 
PURPOSE:
To amend the labor law, in relation to enacting the New York state fash-
ion workers act
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 entitles the bill the New York State Fashion Workers Act and
defines client, model, modeling management company, and modeling
services. Requires registration for model management companies and lays
out the provisions of the registration process. Lays out the duties of
model management companies including fiduciary and registration duties
and details the prohibitions of model management companies with regard
to fee collection, accommodation charges, payment deductions, contract
renewal, commission feeds, retaliatory action, discrimination and
harassment, and visa actions. Provides for the duties of clients and
hiring parties regarding fees, compensation, and breaks. Details prohi-
bitions on clients and hiring parties. Provides for the violations,
penalties and procedures for any violations of the act. Creates a
complaint process within the Department of Labor.
Section 2 is the effective date, 180 days after the act shall have
become law.
 
JUSTIFICATION:
New York is the center of the American fashion industry, boasting world-
class creative talent and best-in-class production companies and fashion
and design schools. New York's fashion industry employs 180,000 people,
accounting for 6% of the city's workforce and generating $10.9 billion
in total wages. New York Fashion Week, a semi-annual series of events
when fashion collections are shown to buyers, the press and the general
public, has long been one of the city's economic drivers, generating
close to $600 million in income each year.
And yet, the creative workforce behind the industry's success - namely,
models, influencers, and performing artists - are not afforded basic
labor protections in New York.
This is due to the multi-level structure of hiring of these profes-
sionals as independent contractors through management companies. Unlike
talent agencies, modeling agencies consider themselves to be management
companies under New York State General Business Law § 171(8), known as
the "incidental booking exception," thereby allowing them to escape
licensing and regulation. This leaves models unprotected outside the
terms of their individual contracts, which tend to be exploitative and
one-sided in favor of the management company, and creates a lack of
financial transparency and accountability when it comes to issues of
both payment and sexual abuse. For example, models and creatives often
wait months, even years to get paid for jobs through management compa-
nies, which deduct various unexplained fees from their earnings. Model
management companies house young models in overpriced model apartments,
and hold them to exclusive, multi-year contracts without any obligation
to book them work or pay them in a timely manner, which ensnares them in
cycles of debt and makes them highly vulnerable to other forms of abuse,
including trafficking.
The Fashion Workers Act would address these issues by closing the legal
loophole by which management companies escape accountability and create
basic protections for fashion's creative workforce. As New York's fash-
ion industry begins to recover from pandemic-related downfall, New York
State must ensure the industry's workers - many of whom are young, immi-
grant women and girls - are fairly compensated for their work and
protected from abuse.
 
LEGISLATIVE HISTORY:
2022: A9762-A - 2022: Referred to Labor
 
FISCAL IMPLICATIONS:
TBD
 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become law
STATE OF NEW YORK
________________________________________________________________________
5631--C
2023-2024 Regular Sessions
IN ASSEMBLY
March 20, 2023
___________
Introduced by M. of A. REYES, KELLES, BRONSON, SILLITTI, STECK,
L. ROSENTHAL, DE LOS SANTOS, AUBRY, PAULIN, GLICK, COLTON, STIRPE,
CRUZ, SIMONE, EPSTEIN, GIBBS, BURGOS, TAYLOR, RAGA, WEPRIN,
JEAN-PIERRE, SIMON, TAPIA, CLARK, GONZALEZ-ROJAS, MITAYNES, BRABENEC,
SMITH, ALVAREZ, WALLACE, THIELE, LEVENBERG -- read once and referred
to the Committee on Labor -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
recommitted to the Committee on Labor in accordance with Assembly Rule
3, sec. 2 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- again reported from said
committee with amendments, ordered reprinted as amended and recommit-
ted to said committee
AN ACT to amend the labor law, in relation to enacting the New York
state fashion workers act
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The labor law is amended by adding a new article 36 to read
2 as follows:
3 ARTICLE 36
4 NEW YORK STATE FASHION WORKERS ACT
5 Section 1030. Short title.
6 1031. Definitions.
7 1032. Registration required.
8 1033. Registration process.
9 1034. Duties of model management companies.
10 1035. Prohibitions on model management companies.
11 1036. Power of attorney.
12 1037. Duties of clients.
13 1038. Prohibitions on clients.
14 1039. Violations, penalties and procedures.
15 1040. Other legal requirements.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02078-07-4
A. 5631--C 2
1 § 1030. Short title. This article shall be known and may be cited as
2 the "New York state fashion workers act".
3 § 1031. Definitions. As used in this article:
4 1. "Client" means a retail store, a manufacturer, a clothing designer,
5 an advertising agency, a photographer, a publishing company or any other
6 such person or entity that receives modeling services from a model,
7 directly or through intermediaries.
8 2. "Model" means an individual, regardless of the individual's status
9 as an independent contractor or employee, who performs modeling services
10 for a client or consents in writing to the transfer of their legal right
11 to the use of their name, portrait, picture, image, or digital replica
12 for advertising purposes or for the purposes of trade, directly to a
13 client or who provides showroom, parts, or fit modeling services. The
14 term "model" shall include influencers, content creators, performing
15 artists and other persons who perform modeling services.
16 3. "Model management company" means any person or entity, other than a
17 person or entity licensed as an employment agency under article eleven
18 of the general business law, that:
19 (a) is in the business of managing models participating in enter-
20 tainments, exhibitions or performances;
21 (b) procures or attempts to procure, for a fee, employment or engage-
22 ments for persons seeking employment or engagements as models; or
23 (c) renders vocational guidance or counselling services to models for
24 a fee.
25 4. "Modeling services" means the appearance by a model in photographic
26 sessions or the engagement of a model in live runway, live, filmed, or
27 taped performances, including on social media platforms, requiring the
28 model to pose, provide an example or standard of artistic expression or
29 to be a representation to show the construction or appearance of some
30 thing or place for purposes of display or advertising, including the
31 provisions of castings, fittings, photoshoots, showroom, parts or fit
32 modeling services. "Modeling services" includes the use of a digital
33 replica.
34 5. "Exclusive representation" means an agreement, or a clause
35 contained in an agreement, entered into between a model management
36 company and a model that restricts such model from performing work for
37 another party not subject to such agreement for a specified period of
38 time or in a specified geographical area, that is similar to such
39 model's work for the model management company.
40 6. "Department" means the department of labor and "commissioner" means
41 the commissioner of labor, except that a city with a population of one
42 million or more may, by local law, designate a city agency to enforce
43 the provisions of this article within the jurisdiction of such city, in
44 which case "department" shall refer to the agency designated by such
45 local law and "commissioner" shall refer to the head of such agency.
46 7. "Deal memo" means a plain language written summary in a language
47 the model sufficiently understands of the key terms of any employment,
48 engagement, entertainment, exhibition, or performance, including but not
49 limited to the scope of work, rate of pay, payment term, usages,
50 incurred expenses, and expectations of the model.
51 8. "Digital replica" means a significant, computer-generated or arti-
52 ficial intelligence-enhanced representation of a model's likeness,
53 including but not limited to, their face, body, or voice, which substan-
54 tially replicates or replaces the model's appearance or performance,
55 excluding routine photographic edits such as color correction, minor
56 retouching, or other standard post-production modifications.
A. 5631--C 3
1 § 1032. Registration required. A model management company shall not
2 engage in business from offices in this state or enter into any arrange-
3 ment with a person for the purpose of providing model management company
4 services to persons in this state unless the model management company is
5 registered under this article. No person shall use the name or title
6 "modeling agency", "model management company", or otherwise represent
7 that it is registered under this article unless the entity or person is
8 registered under this article. A model management company that does not
9 comply with the provisions of this article shall not be a registered
10 model management company in this state.
11 § 1033. Registration process. 1. Except as otherwise provided in this
12 section, each model management company required to be registered under
13 this article shall provide the department with information required by
14 the department on forms that the department specifies. At a minimum,
15 model management companies shall provide the following information:
16 (a) all names under which it conducts business;
17 (b) the address of the principal place of business of the model
18 management company and the address of each office it maintains in New
19 York state;
20 (c) the model management company's taxpayer or employer identification
21 number;
22 (d) a list by jurisdiction of each name under which the model manage-
23 ment company has operated in the preceding five years, including any
24 alternative names, names of predecessors and, if known, successor busi-
25 ness entities; and
26 (e) in the event the model management company or the ultimate parent
27 of a model management group is a privately or closely held company, the
28 model management company or model management group shall file a list of
29 all persons or entities that beneficially own a five percent or greater
30 interest in the model management company at the time of application and
31 a list of persons who formerly beneficially owned a five percent or
32 greater interest in the model management company or its predecessors in
33 the preceding five years. In the event the model management company or
34 the ultimate parent of a model management group is a publicly traded
35 company, the model management company or model management group shall
36 file a list of all persons or entities that beneficially own a fifty
37 percent or greater interest in the model management company or the ulti-
38 mate parent of the model management group at the time of application.
39 2. Each model management company operating within this state shall
40 complete its initial registration within one year after the effective
41 date of this article.
42 3. Within two years of the initial registration or any renewal regis-
43 tration, each registrant shall renew its registration by notifying the
44 department of any changes in the information previously provided pursu-
45 ant to this section.
46 4. Upon application for registration, a model management company or
47 model management group with more than five employees that either work
48 from a location in this state or perform work relating to models in this
49 state shall deposit with the department a surety bond in the sum of
50 fifty thousand dollars.
51 5. Every person licensed under the provisions of this article to carry
52 on the business of a model management company or model management group
53 shall pay to the commissioner a license fee in accordance with the
54 following schedule before such license is issued. The minimum fee for
55 said license shall be five hundred dollars, and for a model management
56 company or model management group operating with more than four place-
A. 5631--C 4
1 ment employees, seven hundred dollars, provided, however, that if the
2 license is to run less than one year, the fee shall be two hundred fifty
3 dollars and three hundred fifty dollars respectively, and if the license
4 is to run less than six months, the fee shall be one hundred twenty-five
5 dollars and one hundred seventy-five dollars respectively. For the
6 purpose of determining the license fee which a model management company
7 or model management group shall pay, the applicant for such license
8 shall state in the application to the commissioner the average number of
9 placement employees employed by the applicant's model management company
10 or model management group during the preceding calendar year; or, in the
11 event that the applicant has not previously conducted a model management
12 company or model management group under the provisions of this article,
13 he or she shall state the average number of placement employees which he
14 or she reasonably expects will be employed by the model management
15 company or model management group during the calendar year in which the
16 license is issued. If the application for a license is denied or with-
17 drawn, one-half of the license fee provided herein shall be returned to
18 the applicant.
19 6. Two or more model management companies that are majority owned by
20 the same ultimate parent, entity or persons may be registered as a model
21 management group. A model management group may satisfy any reporting and
22 financial requirements of this article on a consolidated basis. As a
23 condition of registration as a model management group, each company that
24 is a member of the group shall guarantee payment of all financial obli-
25 gations of each other member.
26 7. A model management company shall be exempt from the registration
27 requirements specified in this section if such model management company:
28 (a) submits a properly executed request for registration and exemption
29 on a form provided by the department;
30 (b) is domiciled outside this state and is licensed or registered as a
31 model management company in another state that has the same or greater
32 requirements as this article; and
33 (c) does not maintain an office in this state or solicit in any manner
34 clients located or domiciled within this state.
35 8. The registration and exemption of a model management company under
36 subdivision seven of this section shall be valid for two years.
37 9. The department shall maintain a list of model management companies
38 registered under this article and shall issue a certificate of registra-
39 tion to each model management company duly registered.
40 10. The department may prescribe forms necessary to promote the effi-
41 cient administration of this section.
42 § 1034. Duties of model management companies. A model management
43 company shall:
44 1. be deemed to have a fiduciary duty to the models they represent and
45 shall be required to act in good faith, with the utmost honesty and
46 integrity, in the best interests of the models. This fiduciary duty
47 shall encompass all aspects of the model management company's represen-
48 tation, including, but not limited to, negotiations, contracts, finan-
49 cial management, and the protection of the models' legal and financial
50 rights;
51 2. conduct due diligence to ensure that any employment or engagement
52 booked through the model management company does not pose an unreason-
53 able risk of danger to the model. An unreasonable risk of danger shall
54 include, but not be limited to, failing to establish and communicate a
55 zero tolerance policy for abuse, harassment, or any other form of inap-
56 propriate behavior;
A. 5631--C 5
1 3. use its best efforts to procure employment, engagements, enter-
2 tainments, exhibitions or performances for a fee for models signed to
3 the model management company;
4 4. ensure that any employment, engagement, entertainment, exhibition
5 or performance which requires nudity or other sexually explicit material
6 shall comply with the requirements of subdivision three of section
7 fifty-two-c of the civil rights law, as added by chapter three hundred
8 four of the laws of two thousand twenty;
9 5. provide models with physical or digital copies of the final agree-
10 ments the model management company has negotiated with clients and deal
11 memos memorializing such agreements, at least twenty-four hours prior to
12 the commencement of a model's services pertaining to each agreement, in
13 a language the model sufficiently understands;
14 6. clearly specify all items that may be initially paid for by the
15 model management company but will ultimately be deducted from the
16 compensation due to the model at the time of payment or settlement,
17 together with an itemized recitation as to how each item is to be
18 computed, provided such charges are not otherwise prohibited by this
19 article. On a quarterly basis, a model shall also be given copies of any
20 and all documentation held by or available to the model management
21 company necessary to determine the validity of each charge;
22 7. disclose any financial relationship, contractual or otherwise,
23 that may exist between the model management company and the client,
24 other than the agreement relating specifically to modeling services;
25 8. notify former models in writing, including email, if the model
26 management company collects royalties due to a model whom the management
27 company no longer represents;
28 9. post a physical copy of the model management company's certificate
29 of registration in a conspicuous place in the office of the model
30 management company and a digital copy on the model management company's
31 website;
32 10. include, in clear and legible type, the registration number of the
33 model management company in any advertisement, including social media
34 profiles for the model management company, for the purpose of the solic-
35 itation of models for the model management company and in any contract
36 with a model or client;
37 11. submit to the department a form or forms of contract to be
38 utilized by such model management company in entering into written
39 contracts with models for the employment or engagement of the services
40 of such model management company by such models, and secure the approval
41 of the department thereof, provided the department shall not withhold
42 approval unless such proposed form of contract is unfair, unjust and
43 oppressive to the model; and
44 12. obtain clear written consent for the creation or use of a model's
45 digital replica, detailing the scope, purpose, rate of pay, and duration
46 of such use. This consent must be obtained separately from the represen-
47 tation agreement.
48 § 1035. Prohibitions on model management companies. A model management
49 company shall not:
50 1. require or collect any fee or deposit from a model upon the signing
51 of, or as a condition to entering into, any contract or agreement
52 between the model management company and the model;
53 2. charge more than the daily fair market rate for accommodation for
54 the model;
55 3. book any accommodation, payment of which shall be provided or reim-
56 bursed by the model in any way, without providing a written disclosure
A. 5631--C 6
1 of the rate charged for the accommodation to the model in advance of
2 such model's stay at the accommodation;
3 4. deduct or offset from a model's payment or compensation any fee or
4 expense other than the agreed upon commission as set forth in the
5 contract and any items advanced pursuant to subdivision six of section
6 one thousand thirty-four of this article. Such prohibited fees and
7 expenses include but are not limited to website fees, accommodation
8 fees, delivery fees, and interest on payment of the model's earnings;
9 5. advance the cost of travel without informed written consent from
10 the model;
11 6. require a model to sign a model management company contract that
12 contains a term greater than three years;
13 7. require a model to sign a model management company contract that
14 renews without the model's affirmative written consent;
15 8. impose a commission fee greater than twenty percent of the model's
16 payment or compensation;
17 9. take any retaliatory action against any model who files or attempts
18 to file a complaint pursuant to this article or declines or discontinues
19 participation in any casting or booking on account of reasonable, good
20 faith concerns regarding an actual or potential violation of this arti-
21 cle; or
22 10. engage in discrimination or harassment of any kind against a model
23 because of any protected status covered under paragraph (a) of subdivi-
24 sion one of section two hundred ninety-six of the executive law; or
25 11. create, alter, or manipulate a model's digital replica using arti-
26 ficial intelligence without clear, conspicuous and separate written
27 consent from the model.
28 § 1036. Power of attorney. 1. Any power of attorney agreement between
29 a model management company and a model shall:
30 (a) be presented as an optional component of the model management
31 company's representation agreement to which the model can opt in or out;
32 (b) not be presented as a necessary condition of entering into an
33 agreement with the model management company;
34 (c) be subject to termination by the model at any time and for any
35 reason;
36 (d) not violate the provisions of subdivision one of section one thou-
37 sand thirty-four of this article; and extend only to matters directly
38 related to the provision of modeling services, with the exclusion of the
39 use of the model's digital replica.
40 2. Any power of attorney agreement that violates this section shall be
41 considered void as a matter of public policy.
42 § 1037. Duties of clients. A client shall:
43 1. compensate models at an hourly rate at least fifty percent higher
44 than the contracted hourly rate for any employment, engagement, enter-
45 tainment, exhibition or performance that exceeds eight hours in any
46 twenty-four hour period;
47 2. provide at least one thirty minute meal break for any employment,
48 engagement, entertainment, exhibition or performance that exceeds eight
49 hours in any twenty-four hour period;
50 3. only offer an employment or engagement to a model that does not
51 pose an unreasonable risk of danger to the model. An unreasonable risk
52 of danger shall include, but not be limited to, failure to establish and
53 communicate a zero tolerance policy for abuse, harassment, or any other
54 form of inappropriate behavior;
55 4. ensure that any employment, engagement, entertainment, exhibition
56 or performance which requires nudity or other sexually explicit material
A. 5631--C 7
1 shall comply with the requirements of subdivision three of section
2 fifty-two-c of the civil rights law, as added by chapter three hundred
3 four of the laws of two thousand twenty;
4 5. allow the model to be accompanied by their agent, manager, chaper-
5 one, or other representative to any employment, engagement, enter-
6 tainment, exhibition or performance;
7 6. provide adequate levels of liability insurance to cover and safe-
8 guard the health and safety of models; and
9 7. obtain clear and conspicuous prior written consent for any creation
10 or use of a model's digital replica, detailing the scope, purpose, rate
11 of pay, and duration of such use.
12 § 1038. Prohibitions on clients. A client shall not:
13 1. engage in discrimination or harassment of any kind against a model
14 because of any protected status covered under paragraph (a) of subdivi-
15 sion one of section two hundred ninety-six of the executive law; or
16 2. create, alter, or manipulate a model's digital replica using arti-
17 ficial intelligence without clear and conspicuous prior written consent
18 from the model.
19 § 1039. Violations, penalties and procedures. 1. Any model management
20 company or person purporting to be a model management company who has
21 failed to comply with the registration requirements of section one thou-
22 sand thirty-two of this article shall be deemed to have violated this
23 article.
24 2. Any model management company or person purporting to be a model
25 management company who has failed to comply within the time specified by
26 law with an order issued by the commissioner to comply with the regis-
27 tration requirements of section one thousand thirty-two of this article
28 shall be deemed to have violated this article.
29 3. Any client who enters into an agreement with a model management
30 company or person purporting to be a model management company, who is
31 required to register, but whom the client knows or should have known has
32 failed to register, failed to renew its registration or had its regis-
33 tration revoked by the commissioner shall be deemed to have violated
34 this article.
35 4. (a) The commissioner may impose a civil penalty upon a model
36 management company, a person purporting to be a model management compa-
37 ny, and all persons or entities that own a five percent or greater
38 interest in the model management company, that have been deemed to have
39 violated this article, for no more than three thousand dollars for the
40 initial violation, and for no more than five thousand dollars for a
41 second or subsequent violation.
42 (b) The commissioner may impose a civil penalty upon any client
43 described in subdivision three of this section that has been deemed to
44 have violated this article, for no more than three thousand dollars for
45 the initial violation, and for no more than five thousand dollars for a
46 second or subsequent violation.
47 (c) The order imposing such civil penalty may be served personally or
48 by certified mail at the last known mailing address of the person being
49 served. Such order shall be in writing and shall describe the nature of
50 the violation, including reference to the provisions of subdivisions
51 one, two and three of this section alleged to have been violated.
52 5. An order issued under this section shall be final and not subject
53 to review by any court or agency unless a review is had pursuant to
54 section one hundred one of this chapter. Provided that no proceeding for
55 administrative or judicial review as provided in this chapter shall then
56 be pending and the time for initiation of such proceeding shall have
A. 5631--C 8
1 expired, the commissioner may file with the county clerk of the county
2 where the person against whom the penalty has been imposed has a place
3 of business the order of the commissioner or the decision of the indus-
4 trial board of appeals containing the amount of the civil penalty. The
5 filing of such order or decision shall have the full force and effect of
6 a judgment duly docketed in the office of such clerk. The order or deci-
7 sion may be enforced by and in the name of the commissioner in the same
8 manner, and with like effect, as that prescribed by the civil practice
9 law and rules for the enforcement of a money judgment.
10 6. If any model management company or person purporting to be a model
11 management company shall have failed to comply within twenty days of an
12 order by the commissioner to register or renew registration, the commis-
13 sioner may seek to enjoin such unlawful activity, pursuant to the civil
14 practice law and rules.
15 7. A model may bring and maintain an action in a court of competent
16 jurisdiction to enforce the provisions of this article. A model manage-
17 ment company, person purporting to be a model management company, or
18 client that violates this article shall be liable for actual damages to
19 any model that has suffered damages due to such violation, reasonable
20 attorneys' fees and costs, and, unless the employer proves a good faith
21 basis to believe that its actions were in compliance with the law, an
22 additional amount as liquidated damages in an amount of no more than one
23 hundred percent of the total amount of actual damages, except such
24 liquidated damages may be up to three hundred percent if found that the
25 actions were willful.
26 8. The attorney general may bring and maintain an action in a court of
27 competent jurisdiction to enforce the provisions of this article when
28 the attorney general has determined there is reasonable cause to believe
29 that a model management company, person purporting to be a model manage-
30 ment company, or client has engaged in repeated fraudulent or illegal
31 acts or otherwise demonstrates persistent fraud or illegality in the
32 carrying on, conducting, or transacting of business.
33 9. (a) A model who is aggrieved by a violation of this article may
34 file a complaint with the commissioner within six years after the acts
35 alleged to have violated this article occurred. The commissioner shall
36 prescribe the form of the complaint, which shall include, at a minimum:
37 (i) the name and mailing address of the model and of the person or
38 entity alleged to have violated this article;
39 (ii) a statement detailing the terms of the model's contract, includ-
40 ing a copy of such contract if available;
41 (iii) the model's occupation;
42 (iv) a statement detailing the alleged violations of this article; and
43 (v) a signed affirmation that all facts alleged in the complaint are
44 true.
45 (b) (i) Within twenty days of receiving a complaint alleging a
46 violation of this article, the commissioner shall send the person or
47 entity named in the complaint a written notice of complaint. The
48 commissioner shall send such notice by certified mail and shall bear the
49 cost of sending such notice.
50 (ii) The notice required by this paragraph shall:
51 (1) inform the person or entity named in the complaint that a
52 complaint has been filed alleging violations of this article;
53 (2) detail the remedies available to a model for violations of said
54 article by the person or entity named in the complaint;
55 (3) include a copy of the complaint; and
A. 5631--C 9
1 (4) inform the person or entity named in the complaint that failure to
2 respond to the complaint will create a rebuttable presumption in any
3 civil action commenced pursuant to this article that such person or
4 entity committed the violations alleged in the complaint.
5 (c) Within twenty days of receiving the notice of complaint, the
6 person or entity identified in the complaint shall send the commissioner
7 one of the following:
8 (i) a written statement that the model has been paid in full and proof
9 of such payment; or
10 (ii) a written statement that the model has not been paid in full and
11 the reasons for the failure to provide such payment.
12 (d) (i) Within twenty days of receiving the written response, the
13 commissioner shall send the model a copy of:
14 (1) the response;
15 (2) any enclosures submitted to the commissioner with the response;
16 (3) materials informing the model that the model may bring an action
17 in a court of competent jurisdiction; and
18 (4) any other information about the status of the complaint.
19 (ii) If the commissioner receives no response from the person or enti-
20 ty alleged to have violated this article to the notice of complaint
21 within the time provided by this subdivision, the commissioner shall
22 mail a notice of non-response to both the model and the person or entity
23 named in the complaint by regular mail and shall include with such
24 notice proof that the commissioner previously mailed the notice of
25 complaint to the person or entity named in the complaint by certified
26 mail. Upon satisfying the requirements of this paragraph, the commis-
27 sioner may close the case.
28 § 1040. Other legal requirements. Nothing in this article shall dimin-
29 ish the rights, privileges, wages, working conditions or remedies of any
30 employee under any applicable collective bargaining agreement.
31 § 2. This act shall take effect on the one hundred eightieth day after
32 it shall have become a law. Effective immediately, the addition, amend-
33 ment and/or repeal of any rule or regulation necessary for the implemen-
34 tation of this act on its effective date are authorized to be made and
35 completed on or before such effective date.