AB5
9th Circuit Rejects First Amendment Challenge to California's AB5
A panel of Ninth Circuit appeal judges rejected yesterday a First Amendment and Equal Protection challenge to California's Assembly Bill 5, a law that makes it harder for businesses to classify certain professionals — including writers, photographers and video content producers — as freelancers rather than as employees.
California: 2018 Employee vs. Contractor Standard Ruled Retroactive
Earlier this month, the California Supreme Court ruled that the 2018 “Dynamex ABC test” to determine if a worker is an employee or an independent contractor applies retroactively to labor relationships that predate the Dynamex decision.
What Labor Bill AB2257 Means for Studio Work, Content Trade and Camming
Last Friday, Democratic California Governor Gavin Newsom signed Assembly Bill 2257 (AB2257) into law, providing a series of exemptions and clarifications to the so-called “Uber/Lyft law" (AB5) which affected labor relationships in the state starting January 1, 2020.
California Senate Committee Quietly Unveils Massive Revision of AB5 Exemptions
The California Senate’s Labor Committee quietly approved yesterday substantial amendments to AB2257, the so-called “clean-up bill” for the controversial AB5 legislation that altered freelance employment in the State, affecting adult performers, strip club dancers and other sex workers.
California Ride-Hailing Ruling Could Affect Freelancer Status of Some Sex Workers
In a case which may have consequences for cam models and sex workers who rely on a single platform for a majority of their income, a judge ordered ride-hailing companies Uber and Lyft this afternoon to re-classify their California drivers from independent contractors to employees.
California Senate Committee Quietly Schedules Vote on New Freelancer Bill
In a surprising move, the California Senate’s Labor Committee scheduled a vote today on AB2257, the so-called “clean-up bill” for the controversial AB5 legislation that altered freelance employment in the State, affecting adult performers, strip club dancers and other sex workers.
Disaster Relief Application Explicitly Excludes 'Prurient' Sex Workers, Adult Businesses
The federal application for COVID-19-related disaster relief for small businesses, issued by the Trump administration’s U.S. Small Business Administration (USSBA) this week, explicitly disqualifies any sex worker or sex oriented business who may derive income from “presenting live performances of a prurient sexual nature” or “through the sale of products or services, or the presentation of any depictions or displays, of a prurient sexual nature.
FSC Attends California Assembly Hearing on Entertainment Industry Jobs
Several members of the adult entertainment industry, including the leadership of the Free Speech Coalition (FSC), attended today's public hearing held by the California State Assembly Select Committee on Jobs and Innovation in the San Fernando Valley.
California: Another New Bill Seeks to Clarify Employment Status of Cam Models
California State Assemblywoman Lorena Gonzalez, author of the controversial AB5 bill which uses new standards to classify California workers as either employees or independent contractors, is working on a new bill, AB1850, which is expected to include language that would clarify the employment status of adult industry performers, such as cam models, who utilize video streaming platforms.
FSC: New California Bill Aimed at Adult Performers 'Patronizing, Ignorant'
The Free Speech Coalition (FSC) has released a statement in response to AB2389, a bill recently introduced in the California State Assembly that would require all adult performers in the state to undergo a criminal history check, among other measures.
Federal Judge Upholds California Labor Bill AB5
A federal judge in Los Angeles ruled today against Uber and Postmates' challenge of AB5, the controversial labor legislation designed to regulate the "gig economy." The legislation has resulted in much confusion for workers and employers that might be affected by it, including those in the adult industry.
AB5 Author Announces Changes to Controversial California Bill
Earlier today, California Assemblywoman Lorena Gonzalez, the author of the controversial AB5 bill that forces employers to reclassify certain freelancers as employees, announced her intention to ease implementation of the bill through a number of initiatives.
Amberly Rothfield Speaks to Reason Magazine, 'Being There' Podcast
Adult marketing consultant Amberly Rothfield was recently interviewed by libertarian publication Reason and appeared as a guest on the 'Being There' podcast.
XBIZ 2020: Day 3 Enlightens With Legal, Business Wisdom
After a raucous Winter Wonderland party the previous evening, XBIZ 2020 attendees bustled about and guzzled steaming coffee at the Sunset Lounge of the posh West Hollywood Andaz to perk up for an illuminating Day 3. And for the first panel that bright morning, a veritable who's who of legal eagles flocked to the spacious Studio 4 to present "The Legal Landscape: A 2020 Preview."
Clips4Sale's Legal Zone Returns for 2020 With Hot Topic Analysis
The Clips4Sale Legal Zone returns for 2020 with coverage of “all the hot topics that producers and models want to know about,” including free speech, and the latest news regarding the impact of California’s AB5 law.
AB5 Update: Judge Declines to Rule Uber Drivers Are Employees
The newest data point in XBIZ’s ongoing coverage of California’s AB5 initiative comes from U.S. District Judge Edward Chen, who has declined to compel Uber to reclassify its drivers in California as employees.
FSC Releases AB5 Guide, Independent Contractor Tests
The Free Speech Coalition (FSC) has released two instructional guides for helping adult performers navigate the new AB5 law.