Webcam performers today were stunned by the news that some companies may be dropping California based models due to the passage of AB5. Assembly Bill 5 is a law in California that classifies most independent contractors as employees based on what is known as the ABC test. Based on the rules of this test, independent contractors meeting the criteria will need to be classified as employees. This means companies will be required to pay into benefits such as disability pay, unemployment pay, social security and more importantly for the state of California, they will be required to pay employment taxes on you as an employee.
What does this mean? We already know that performers on adult film sets are in fact employees and have been misclassified for years. The issue at hand is whether or not webcam performers are considered employees of the cam companies they work for. This conversation became more vocalized after Streamate, one of the leading companies in the camming world, sent a letter out to individual cam performers in California with new guidelines. These guidelines included having to be hired by a third party studio ( that is AB5 compliant) in order to continue a working relationship with Streamate. The letter also said that other models may have their accounts terminated if they were unable to receive employment by a third party.
Why would webcam companies be hesitant to comply? As an employee in the state of California, employers cannot take your tips. For many companies, the main form of income is your tips. While we are waiting to learn what the true changes we are, we do know that this law could potentially be retroactive since April 2018. This also means webcam performers could potentially sue for back pay.
The union has arranged for a phone meeting with representatives and lawyers from California Labor Federation on December 16, 2019. All webcam performers are welcome to attend.
At this time, we are organizing our members and members of the community to combat this issue. If you would like to be heard and be involved, fill out the form below.
