Fun Facts About California Law Diane Duke Doesn’t Want You to Know

From Brian Chase, “An Analysis Of Potential Liability Within The Adult Film Industry Stemming from Industry Practices Related to Sexually Transmitted Infections” –

The California Private Attorney General Act of 2004 (PAGA) allows a single employee to sue an employer for multiple violations of workplace regulations and collect penalties that would ordinarily be collected by state agencies.

Regulations promulgated by Cal/OSHA could trigger liability under PAGA.
California Labor Code section 6427 provides for fines of up to $7,000 per
violation of “any occupational safety or health standard.”

Labor Code section 6429 provides for penalties of $5,000 to $70,000 for willful or repeated violations of any such standard. PAGA also provides for recovery of attorneys’ fees.

Thousands of adult film scenes are produced every year, and the vast
majority of producers fail to have performers use condoms or otherwise protect employees from exposure to potentially infectious bodily fluids.

Each and every scene is a separate violation of the California Code of Regulation. If a performer invoked PAGA in a claim against a large adult film producer, the potential recovery could be staggering.

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