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During a recent legal panel at Internext Expo, adult industry attorney Michael Fattorosi advised those in attendance that under California’s AB 5, a bill passed in the state last December and which took effect on the first day of this year, there effectively is no such thing as independent contractors anymore, so far as the adult industry is concerned.

“Make the switch over (to categorizing independent contractors as employees) now and stop the liability, because under California law your liability goes back three years,” Fattorosi said. “And I can tell you wage claims, as well as rest period and meal break claims, are very expensive claims to pay off.”

If you recoil at the notion of classifying people who do very short-term work on your behalf as employees, or among the people who have long considered themselves to be independent contractors and liked it that way, the bills’ passage and subsequent arrival of its effective date cannot have been welcome news.

As the saying goes, “misery loves company” – and when it comes to AB 5, the adult industry is far from alone in feeling miserable.



Gene Zorkin has been covering legal and political issues for various adult publications (and under a variety of different pen names) since 2002.