We’ve already shown you that Diane Duke, Free Speech and others are pocketing millions of dollars off of talent testing www.adultfyi.com/read.php?ID=59902

This week the Free Speech and Diane Duke upped the ante by announcing the following:

“The moratorium on filming will be lifted Friday, September 20th. All performers must test on or after Thursday, September 19th in order to be cleared to work. Additionally, all performers will now be required to test every 14 days in order to be cleared for work.”

However attorney Brian Chase observes this in a paper he wrote about adult industry testing protocols:

“The adult film industry requires performers to pay for their own STI tests. That practice is unlawful, at least in California.

California Labor Code section 222.5 provides:

No person shall withhold or deduct from the compensation of any employee, or require any prospective employee or applicant for employment to pay, any fee for, or cost of, any pre-employment medical or physical examination taken as a condition of employment, nor shall any person withhold or deduct from the compensation of any employee, or require any employee to pay any fee for, or costs of, medical or physical examinations required by aq law or regulation of federal, state or local governments or agencies thereof.

The law is clear on its face. Performers cannot be required to pay for STI testing as a condition of employment, but the industry has acted in violation of this law for years. The combination of PAGA and SB 459 significantly increases the likelihood that adult film producers will eventually face lawsuits stemming from violations of workplace health and safety laws.