Lookyhere posts on ADT.com: I’ve only seen it mentioned once on this board by PORNLAW, [www.adultbizlaw.com ] but why is nobody talking about the recent california court decision that says porn performers ARE “EMPLOYEES” and are covered by workers compensation.
Any performer who has ANY injury(anal or vaginal tear, bodily fluid in the eye etc.) can now sue for workers comp coverage, and according to pornlaw, they wont have much trouble.
This also means that every company now MUST carry workers comp insurance for performers and report any work related injury or blood borne pathogen exposure to CAL-OHSHA. Failure to report an injury, illness, or exposure in a work site alone can genereate a fine of up to $30,000.00, and if I’m not mistaken, you can recieve a “WHISTLEBLOWER” percentage for turning in companies that fail to report.
The end of buissness as usual in porn valley is near. If the ADULT industry wants to be treated like a legitimate industry it is going to have to start acting like one.
You can file CAL_OSHA complaints anonomously, and the beautiful thing is you can usually see the blood borne pathogen violations right there on videotape. That means ANBODY, ANYWHERE, can file a complaint, you dont have to be the injured party. I can just see the right wingers now(AMERICAN FAMILY COUSEL etc.) filing hundreds of complaints.
Pornlaw comments: Yes I have been talking about this issue for the past 2-3 yrs and have been lecturing on it ever since.
The Brooke Ashley case was decided in December and its up on partial appeal. However, I assure you that performers, directors, cameramen, lighting crew — basically everyone that is on set is an employee. Thats not really a question anymore.
I use to represent Warner Bros, Universal and Fox and on the mainstream side this issue is settled and there’s no questions that everyone on set needs to be covered by work comp. I even represented the Dodgers and all of the players on the field are covered.
This is a harsh reality the industry will soon face. I am moderating a panel at XBiz about it as well as the health and safety of performers in a more general sense. So if you are coming to XBiz please come by and listen. And whether you are in California or not, your state probably has the same laws requiring comp ins. So this might effect you as well in the future.
I was also able to bring in one of the largest commercial insurance brokers to give the industry a solution. Lockton Insurance through the Free Speech Coalition is underwriting the industry in regards to work comp as well as a vast array of other insurance products.
From what Lockton is telling me a typical boy/girl scene will cost around $22.00 for work comp insurance. So really this is only going to add perhaps $250.00 in costs for each DVD. The benefit of having comp is to tell the state and Cal-OSHA to fuck off and leave the industry alone and NOT to over regulate.
No one wants to pay the health costs for injured performers, especially tax payers, but if the industry does provide for the health and safety of its workers through insurance I do believe it will keep those forces off the industry’s back.
Michael
www.adultbizlaw.com