Porn Valley- Porn Legends, www.pornlegends.com posts: Over the past several years, and most recently with the HIV crisis in the industry, a debate has been raging as to whether adult entertainment actors are independent contractors or employees of the production companies that they perform for.

Production companies have insisted that the actors are independent contractors, thus removing them from the responsibility of providing benefits to the actors that are afforded other employees (i.e., health insurance, workman’s compensation, etc.).

In researching California State law, we have found information that may in fact poke holes in the production companies’ claims.

California State law defines an employee as – Where a person performing work for another is subject to orders, control, and direction of such person (employer). [29 Cal Jur 3d (Rev)]

California State law defines an independent contractor as – Any person who renders service for a specified result, under the control of his or her principal as to the result of his or her work only and not as a means by which such result is accomplished. [29 Cal Jur 3d (Rev)]

To clarify the above mentioned legal ease – Independent contractors set their own hours, are not required to follow management enforced rules or regulations, are paid by the job not by the hour, don’t have a continuing relationship with management. Management’s success or continuation of business or profits shouldn’t depend on the service of independent contractors. If production companies rely on regular performers as a primary source of business, the performers are NOT independent contractors.

The IRS and California laws determine if a worker is an independent contractor, not written agreements. Workers are employees, unless management can prove otherwise. Judges and government auditors assume that most workers are employees unless the hiring firm can prove otherwise. A written or oral agreement between the actor and the person who hired them is not proof of an independent contractor relationship.

Another thing one should consider – One mistake and independent contractors can be converted into employees. Independent contractor status isn’t static. Any action by the hiring firm or its employees to control independent contractors can convert them into employees.

Just a little information that the actors should consider and production companies should fear…