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Cardozo Journal of International and Comparative Law

Abstract

The note examines the misclassification of fashion models as independent contractors in New York City, arguing that this status denies them essential legal protections and perpetuates exploitation. It highlights the disparity between the treatment of models in New York and Paris, where models are classified as employees with access to benefits like unemployment insurance and regulated working hours. The analysis underscores the control modeling agencies exert over models' careers, handling bookings, billing, and payments, which suggests an employer-employee relationship. The note advocates for reclassifying models as employees to ensure fair labor practices and access to protections such as unemployment benefits and workers' compensation. It also emphasizes the need for greater financial transparency and accountability within the industry to address systemic abuses like non-payment and late payments. By challenging the independent contractor classification, the article aims to promote a more equitable and just working environment for models in the fashion industry.

Disciplines

Labor and Employment Law | Law | Law and Society | Legal Education

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