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the "independent contractor" designation is an antiquated term that has been continually poked at from all sorts of angles in different courts. Its become nothing more than a red flag in courts to scrutinize a business that uses a term like that to skirt insurance requirements, union issues or other labor laws by using this term rather than "employee."

This is another reason why porn is in trouble; adhering to shitty business contracts, business models and terms that are more trouble than they're worth to just follow a few simple laws.




OK, while I agree that the term "independent contractor" is often abused, in the adult film world unless you're hiring a "contract performer" there is no implied relationship between the production company and the model.

The model comes in, signs paperwork affirming her status as an independent contractor, she then signs away her rights to the specific scene being filmed, performs the scene, cleans up, collects her money and leaves.

Once she gets into her car (or on the bus) the model is free to shoot with whomever, whenever, for whatever negotiated price. It's the picture perfect definition of an independent contractor. Any producer that had the balls and money to challenge a Cal-OSHA rule requiring that independent contractors must be treated as employees would win - any day of the week.

When you hire some schmoe to paint your house, they're called what??? .... contractors - not employees. If the owner of the contracting company fails to follow OSHA rules, it's the owner of the contracting companies problem not the person who hired them to paint the house.