LOS ANGELES — As the impact of California’s new AB5 employment law continues to become more evident, alarm and confusion is spreading through some segments of the adult performer and modeling community — and those companies that rely on the state’s residents for their services.
The confusion over the new regulations was highlighted this week by a discussion on the adult business forum at XBIZ.net in response to a non-public notice from a major live cam company regarding the possible future of its relationship with models based in California.
Speculation over the implications for the industry is running rampant among models and stakeholders on social media and beyond.
In an effort to provide clarity, XBIZ reached out to several companies with a significant interest in California’s camming community for comment, with Shirley from Chaturbate offering some reassurance regarding this complex issue:
“Naturally we’ve been reviewing the AB5 legislation and the possible impact on California-based independent broadcasters who choose to broadcast on the Chaturbate social media streaming platform,” Shirley told XBIZ. “Although we are anticipating further clarity with respect to specific AB5 language and compliance matters, we do not foresee that limiting access to the Chaturbate platform for independent broadcasters in California will be necessary.”
It is a statement that may reflect the as-yet-unstated inner processes underway at other companies as they seek to grasp what could be a profound change in their status quo — and as they work to develop an appropriate course of action in what appears to be a fluid situation.
The Adult Performers Actors Guild (APAG) will host a conference call between webcam performers and representatives from the California Labor Federation for a Q&A on the law’s potential impact.
The group issued a statement on the issue:
“Webcam performers today were stunned by the news that some companies may be dropping California-based models due to the passage of AB5. Assembly Bill 5 is a law in California that classifies most independent contractors as employees based on what is known as the ABC test. Based on the rules of this test, independent contractors meeting the criteria will need to be classified as employees. This means companies will be required to pay into benefits such as disability pay, unemployment pay, Social Security and more importantly for the state of California, they will be required to pay employment taxes on you as an employee.
What does this mean? We already know that performers on adult film sets are, in fact, employees and have been mis-classified for years. The issue at hand is whether or not webcam performers are considered employees of the cam companies they work for…
As an employee in the state of California, employers cannot take your tips. For many companies, the main form of income is your tips. While we are waiting to learn what the true changes are, we do know that this law could potentially be retroactive [to] April 2018. This also means webcam performers could potentially sue for back pay.”
Click here for APAG’s full statement.
The APAG conference call will take place December 16 and all cam performers are urged to attend. For more information on the meeting or to register to attend, click here.
Stay tuned to XBIZ for the newest information on California’s AB5 and its impact on the industry.