I’ve been trying to find out more information in regards to Brooke Ashley’s workers compensation hearing. Recent postings on the Adult DVD Talk forum by industry attorney Michael Fattorosi indicted that the Workers Compensation Appeals Board had sided with Brooke Ashley. The judge’s ruling could in turn open the flood gates regarding whether or not performers must be treated as employees (vs. independent contractors) by the companies that hire them.
Due to the fact that Brooke had acquired the HIV virus, the judge’s ruling is not public information. The case doesn’t even have her name listed on it, due to HIV privacy laws.
Though the judge ruled in Brooke’s favor, from what I understand the case is currently in the appeals process.
I have also heard from a reliable source that AVN has decided to no longer write about case. They didn’t see it as good for business. Mark Kernes did a well-written piece back in July of last year, but never did a follow up on the piece after the judge’s ruling in December.
Because of HIPPA issues the case has a “jane doe monicker”. I will be listed with the workers compensation appeals board case law.
The IRS has specific criteria for what a independant contractor is and is not. Just because they sign a model release waiving that employee right, there is a specific section of the labor code that prohibits a employer or a contracting agency from having someone sign away thier rights.
Regardless of of who wins the appeal you will see more and more EDD/OHSA/IRS/FRANCHISE TAX BOARD/ LABOR COMISSIONERS INVESTIGATORS snooping around. because at the end of the day it will all be about revenue. You can never win those guys. They will find something wrong, if nothing but the business licesnse hanging on the wrong wall. For some, now they will actually have to go get one.
The Adult Industry needs to set their own industry standards and abide by them. That is the true way of getting the government out of your ass.
If not, is ambulance chaser time!
I’m having a hard time finding the trial court decision for Duepree v WCAB. Can you help me out joe?