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it's pretty clear to me that porn whores and dicks are not employees.



That's probably most peoples gut reaction, but courts apply what's called the control test. Basically, the more control you exert over a worker and the way they do their job the more likely they will be considered an employee. My conclusion is that when you have a supervisor called a 'director' telling workers how and when to fuck, its going to be tough to claim you don't have control over how they do the work.

I looked at a few cases in the mainstream entertainment world and theres a California case where a stuntman was found to be an employee because he was told what type of fall to make. Link Theres also some mid sized theatre groups in Washington that are being fined for treating actors as IC's and not withholding taxes or having workers comp insurance. Kink

So I'd say the trend favors a finding that adult performers are employees rather than independent contractors. Given that porn employees, the "lazy and the criminal" (as Conky likes to say) this should make for fun times. Next time a whore gets the porno flu, she will simply get a note from her doctor that her pussy hurts from a shoot and collect a few weeks of pay from workers comp.
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