Thoughts Over The Morning’s Coffee: No Wonder Free Speech is in Trouble; Jeffrey Douglas Is Its Attorney

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Who knew the ghost of TT Boy, aka Phil Rivera, would come back to haunt? What happened in the TT Boy case will be quite salient in Cal/OSHA’s investigation of Kink.com, and I’m sure, others.

In 2004, Cal/OSHA fined TT Boy’s companies $30,560 each for allegedly allowing actors to perform unprotected sex. It was the first time the state agency had taken regulatory action against the porn industry.

The citations were made against Evasive Angles and TTB Productions, owned by Rivera six months after an HIV outbreak involving four actors [Darren James, Lara Roxx, Miss Arroyo and Jessica Dee] prompted a temporary shutdown of adult film production in Southern California.

Rivera’s companies received citations for violating the state’s blood borne pathogen standard, a regulation that requires employers to protect workers exposed to blood or bodily fluids on the job.

Free speech attorney made the following quotes to the LA Times.

“It doesn’t matter what Cal/OSHA wants. It’s a matter of Cal/OSHA’s authority,” said Douglas.

“The state agency has regulatory power over employees but not over contractors. Porn actors, many of whom are paid by the scene and change employers every day, are not necessarily employees,” Douglas said.

Now read the state guildeline: From – www.dir.ca.gov/dosh/adultfilmindustry.html

Employer/employee status

Currently, some workers in the adult film industry are paid as employees (they get a paycheck with taxes and other deductions) and some are paid as independent contractors (they get a 1099 at the end of the year).

Even workers who are paid as independent contractors may be considered employees under the law. The Division of Labor Standards Enforcement (DLSE) provides guidance for determining whether someone is an independent contractor. Although determinations about whether a person is an employee or an independent contractor are made based on the circumstances of each case, an employer/employee relationship has been found in similar circumstances, including in the mainstream film industry and exotic dance establishments.

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