Agency, employment and worker classification

A fashion company classifies a worker as an independent contractor because the contract calls them a contractor. Under worker-classification law, what is the most important consideration?

A. The title written in the contract.

B. Whether the worker prefers to be a contractor.

C. The actual working relationship and the applicable legal test.

D. Whether the worker receives payment by bank transfer.

C. The actual working relationship and the applicable legal test.

A federal wage-law investigation examines whether a fashion worker depends economically on the company or operates an independent business. Which test applies?

A. The economic reality test under the FLSA.

B. New Jersey's ABC test.

C. New York's control test exclusively.

D. The retaliation test under Title VII.

A. The economic reality test under the FLSA.

A New Jersey fashion company hires a seamstress who produces the company's clothing, its usual business. The company claims she is an independent contractor. Under the ABC test, which factor creates the clearest problem?

A. The worker receives payment electronically.

B. The worker has experience in sewing.

C. The worker works for a fashion company.

D. The work is outside the usual course of the company's business.

C. The worker works for a fashion company.

Under New Jersey's ABC test, what must a business establish to classify a worker as an independent contractor?

A. Only that the worker signs a contractor agreement.

B. All three prongs: freedom from control, work outside the usual course of business or outside its places of business, and an independently established trade or business.

C. Only that the worker supplies their own tools.

D. That the worker receives a 1099 tax form.

B. All three prongs: freedom from control, work outside the usual course of business or outside its places of business, and an independently established trade or business.

A New York fashion company hires a worker and closely controls how the worker performs the job. Which test is emphasized for New York worker classification?

A. The ABC test in every case.

B. The economic reality test exclusively.

C. The control test, which examines control over the means and results of the work.

D. The retaliation test.

C. The control test, which examines control over the means and results of the work.

As of October 21, 2026, what is the status of the federal independent-contractor rule?

A. It has been formally repealed and no replacement is proposed.

B. The 2024 rule remains in the regulations, enforcement under it stopped in May 2025, and a replacement proposal is pending without a final rule.

C. The 2021 rule was permanently repealed by Congress.

D. All federal agencies must apply the 2024 rule in enforcement.

B. The 2024 rule remains in the regulations, enforcement under it stopped in May 2025, and a replacement proposal is pending without a final rule.

A model works an 11-hour fashion shoot booked through a modeling agency. The brand does not pay overtime. Under the Fashion Workers Act, what is the most accurate statement?

A. Only the agency has obligations under the Act.

B. The brand has no obligations because it did not sign the agency's contract.

C. The model automatically becomes an independent contractor.

D. The brand, as the client, has statutory obligations, including paying 150% of the rate after eight hours.

D. The brand, as the client, has statutory obligations, including paying 150% of the rate after eight hours.

A modeling agency asks a model to pay a fee simply to sign with the agency. Which statement best reflects the Fashion Workers Act?

A. The agency may charge any signing fee it wants.

B. The agency may charge the fee if the model is a contractor.

C. The agency may not charge a fee to sign the model.

D. The agency may charge the fee if the brand approves it.

C. The agency may not charge a fee to sign the model.

A modeling agency takes a commission from a model and then deducts additional unauthorized charges from the model's earnings. What is the relevant rule under the Fashion Workers Act?

A. The agency may deduct unlimited amounts if disclosed verbally.

B. The agency cannot make deductions beyond its permitted commission.

C. The agency may deduct anything the brand requests.

D. The agency is exempt from restrictions on deductions.

B. The agency cannot make deductions beyond its permitted commission.

A modeling agency signs a representation agreement with a model for five years and includes automatic renewal. Which statement is correct under the Fashion Workers Act?

A. The agreement is permitted if the model is paid in advance.

B. The agreement is permitted if the agency is registered.

C. The agreement is permitted if the brand approves it.

D. The Act prohibits agreements binding a model for more than three years or containing automatic renewal.

D. The Act prohibits agreements binding a model for more than three years or containing automatic renewal.

A modeling agency books a model but does not provide a deal memo before the work begins. Which obligation has the agency potentially violated?

A. The duty to provide the model with a deal memo before work.

B. The duty to guarantee the brand's profits.

C. The duty to pay the model's personal income taxes.

D. The duty to provide a commercial lease.

A. The duty to provide the model with a deal memo before work.

A modeling agency wants to obtain a power of attorney from a model. Which statement best describes the requirements under the Fashion Workers Act?

A. The power of attorney must be permanent and cover all the model's affairs.

B. The agency may use it to authorize digital replicas without further consent.

C. It must be optional, revocable at any time, and limited to modeling work; it cannot cover a digital replica.

D. It is mandatory for every model represented by an agency.

C. It must be optional, revocable at any time, and limited to modeling work; it cannot cover a digital replica.

A brand wants to create digital images of a real model using an AI-generated digital twin for three future advertising campaigns. What must the brand obtain under the Fashion Workers Act?

A. Only the modeling agency's verbal approval.

B. The model's clear, prior written consent specifying scope, purpose, compensation, and duration.

C. Only the model's original modeling contract.

D. No consent if the brand owns the photographs.

B. The model's clear, prior written consent specifying scope, purpose, compensation, and duration.

A modeling agency books a model for a brand's photoshoot. The agency owes the model duties of loyalty, care, disclosure, and obedience. Which legal concept explains these duties?

A. Strict product liability.

B. The implied warranty of merchantability.

C. The doctrine of consideration.

D. Fiduciary duty under agency law.

D. Fiduciary duty under agency law.

A model believes her agency violated the Fashion Workers Act and wants to file a lawsuit seeking damages. Against whom does the private lawsuit described run?

A. The modeling agency, with potential damages, attorney fees, and up to 300% of damages for a willful violation.

B. Only the brand, with automatic triple damages.

C. The Commissioner of Labor personally.

D. Any retailer in the state, regardless of involvement.

A. The modeling agency, with potential damages, attorney fees, and up to 300% of damages for a willful violation.

A brand violates its obligations under the Fashion Workers Act, but the model cannot sue the brand directly under the Act's private lawsuit provision described in class. What can happen instead?

A. The brand is automatically exempt from enforcement.

B. Only the agency can face consequences.

C. The model can complain to the Commissioner of Labor, who may pursue enforcement and penalties against the brand.

D. The model must sue the brand under the CISG.

C. The model can complain to the Commissioner of Labor, who may pursue enforcement and penalties against the brand.

A fashion employer repeatedly criticizes an employee after the employee refuses an instruction they reasonably believe is discriminatory. The employee never explicitly says the word “discrimination.” Which statement best reflects the retaliation rule discussed in Yanowitz v. L'Oréal USA, Inc.?

A. There can be no protected activity unless the employee uses the exact word “discrimination.”

B. Refusing an order reasonably believed to be discriminatory can qualify as protected activity even without expressly alleging discrimination.

C. Only written complaints qualify as protected activity.

D. Refusing a manager's instruction can never be protected activity.

B. Refusing an order reasonably believed to be discriminatory can qualify as protected activity even without expressly alleging discrimination.

A California employer subjects a worker to repeated public criticism and burdensome weekly reports after the worker refuses a discriminatory order. Why might these actions be considered retaliation?

A. Every minor workplace inconvenience automatically constitutes retaliation.

B. Retaliation applies only to termination.

C. Public criticism is always illegal, regardless of context.

D. The actions may form a pattern that materially affects the terms, conditions, or privileges of employment.

D. The actions may form a pattern that materially affects the terms, conditions, or privileges of employment.

A federal employee brings a retaliation claim under Title VII. Which standard for adverse action is emphasized in Burlington Northern?

A. The action must result in termination.

B. The action must reduce salary.

C. The action must be serious enough that it might dissuade a reasonable worker from making or supporting a discrimination complaint.

D. The action must change the employee's formal job title.

C. The action must be serious enough that it might dissuade a reasonable worker from making or supporting a discrimination complaint.

A clothing brand contracts with a factory that fails to pay garment workers. Under California's SB 62, what is a significant consequence for the brand?

A. The brand may be jointly liable for unpaid wages owed by its garment contractors, and piece rates are prohibited in garment manufacturing.

B. The brand is automatically exempt because it outsourced production.

C. Only the factory's landlord is liable.

D. The brand must pay overtime only if the factory is located in New York.

A. The brand may be jointly liable for unpaid wages owed by its garment contractors, and piece rates are prohibited in garment manufacturing.

A fashion brand hires a freelance photographer in New York City for a $1,200 campaign but refuses to provide a written contract. Under the Freelance Isn't Free Act, what is the most accurate statement?

A. A written contract is unnecessary if the photographer is an independent contractor.

B. The brand only needs to provide a contract if the photographer requests one after the shoot.

C. A written contract is required for covered freelance work worth $800 or more.

D. The brand can avoid the requirement by paying in cash.

C. A written contract is required for covered freelance work worth $800 or more

North Shore Collective hires six workers. One worker sews its clothing, another performs unpaid work that displaces paid employees, and a third operates an independent business. Why must North Shore evaluate each worker separately?

A. All workers performing services for a company are automatically employees.

B. Worker classification depends on the actual working relationship and the applicable legal test.

C. A worker's preference determines their legal classification.

D. Issuing a 1099 automatically establishes independent-contractor status.

B. Worker classification depends on the actual working relationship and the applicable legal test.

A brand books a model for a 10-hour shoot in Brooklyn. The brand provides overtime pay but refuses to provide a meal break, a harassment policy, or permission for the model's representative to attend the shoot. Which statement is correct under the Fashion Workers Act?

A. The brand's only obligation is to pay the agreed modeling rate.

B. These are solely the modeling agency's responsibilities.

C. The client must provide a 30-minute meal break, have and share a harassment policy, and allow a representative on set.

D. The brand has no obligations because the model was booked through an agency.

C. The client must provide a 30-minute meal break, have and share a harassment policy, and allow a representative on set.

A model believes her agency and a brand have violated the Fashion Workers Act. She wants to report the violations, while regulators are considering enforcement. Which statement best reflects the enforcement framework in the slides?

A. Only the model can enforce the Act, and she must sue both parties.

B. The model can complain to the Commissioner of Labor against the agency or brand within six years; the Commissioner can impose penalties, and the Attorney General can act in cases of repeated fraud or illegality.

C. The Commissioner can act only against agencies, never brands.

D. The Attorney General can act only if the model first wins a private lawsuit.

B. The model can complain to the Commissioner of Labor against the agency or brand within six years; the Commissioner can impose penalties, and the Attorney General can act in cases of repeated fraud or illegality.

A California manager refuses repeated instructions from a vice president to replace an employee because of her appearance. The vice president then orders weekly reports, public criticism, and other negative treatment. Which analysis best reflects Yanowitz v. L'Oréal USA, Inc. (2005)?

A. Retaliation requires proof of three elements: protected activity, adverse action, and a causal link; the employer's explanation and possible pretext must also be considered.

B. Retaliation exists only if the employee is fired.

C. The manager must use the word “discrimination” when refusing the order.

D. Repeated conduct can never be considered together.

A. Retaliation requires proof of three elements: protected activity, adverse action, and a causal link; the employer's explanation and possible pretext must also be considered.

A worker brings a federal Title VII retaliation claim after receiving repeated public criticism and burdensome reports following a discrimination complaint. Which case and standard are most relevant under the slides?

A. Hargrove v. Sleepy's — the ABC test.

B. Marlene Industries v. Carnac Textiles — material contract alterations.

C. Yanowitz v. L'Oréal USA, Inc. — the federal economic reality test.

D. Burlington Northern v. White (2006) — whether the action might dissuade a reasonable worker from complaining.

D. Burlington Northern v. White (2006) — whether the action might dissuade a reasonable worker from complaining.

A New York retailer has 600 employees in the state. Under the New York Retail Worker Safety Act dates, which requirement should the retailer prepare for?

A. Mandatory digital-replica consent for every customer.

B. A prohibition on all independent contractors.

C. Silent response buttons, required by January 1, 2027, in addition to the violence-prevention policy and training requirements that took effect June 2, 2025.

D. Registration as a modeling agency by December 21, 2025.

D. Registration as a modeling agency by December 21, 2025.