FSC Releases AB5 Guide, Independent Contractor Tests

LOS ANGELES — The Free Speech Coalition (FSC) has released two instructional guides to helping adult performers navigate the new AB5 law.

The first is a basic guide to AB5. It explains how the law will require many workers currently classified as independent contractors to be reclassified as employees, and how that may affect adult performers and other industry workers.

“While AB5 could affect any California-based adult worker who is currently an independent contractor, the largest potential effect would be on performers and cam models,” the FSC Guide To AB5 says. “Other regularly hired staff, such as members of a production crew, might also need to be reclassified if they currently are paid as independent contractors.”

The second guide, the AB5 Independent Contractor Tests, are two brief tests one can take to help determine what their status is under AB5. They include the ABC (California Dynamex) Tests for determining basic labor status and the Borello Test for more specialized professions.

“Because this is a new law, it is so far unclear if or how it will be applied to the adult industry, or to any other industry that uses independent contractors,” said the FSC. “It is also unclear how the law will be enforced. In the coming year, it will play out in the courts as lawsuits are filed, and in the legislature. Some industries apply to be exempted under the law, and others may seek to overturn or modify the law.”

Visit the FSC on Twitter for the latest updates.

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