The FSC Guide to AB5 - Important info for producers and peformers
 

Here is a helpful quick start guide written by attorney Karen Tynan of some of the challenges to the adult industry created by California AB5 law. Not in California? It may well affect you too if you hire performers that live in CA, and CA performers that rely on cam work from companies outside of CA. In other words, the law is confusing, ugly and expensive for a great number of folks in adult.

Read on...
The FSC Guide to AB5

Specifically of interest from that article:

AB5 applies to all employers in the State of California and any employer outside the State of California who employs people working in California.

Those who willfully misclassify employees as independent contractors could be subject to criminal penalties under the Labor Code and civil penalties of $5,000 to $25,000 per violation.

Uber and Lyft is certainly fighting this.

AB5 will be helpful to the full-time 1099 workers in the warehouses and offices.

From the perspective of hiring artists, unless under exclusive contract, how does a performer not pass the ABC test?

1. Part A of the test requires that the worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact; and
   
2. Part B of the test requires that the worker performs work that is outside the usual course of the hiring entity’s business; and
   
3. Part C of the test requires that the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed.
   
4. The contractor must actually be in business for themselves.
   The analysis is if the plaintiff, "independently has made the decision to go into business for himself or herself” and “generally takes the usual steps to establish and promote his or her independent business – for example, through incorporation, licensure, advertisements, routine offerings to provide services of the independent business to the public or to a number of potential customers, and the like."

Quite a few advertise on social media, escort sites, or for strip club performances.