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View Full Version : California Assembly 5 NEW LAW Independent Contractors will no longer be allowed!!!



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GracieBlue
12-30-2019, 10:31 PM
Ahh this great! Fingers crossed! You also posted this at 11:11 in the time zone I have sw set to lol! I'll take that as a sign


Big stuff happened RE: AB5 today y'all. Uber, Postmates, AND two separate individuals filed lawsuits claiming the entire law is unconstitutional (https://www.latimes.com/business/technology/story/2019-12-30/uber-postmates-call-ab5-unconstitutional-new-lawsuit). There is still hope! It might not happen tomorrow, or this month, but I think there is a decent chance that in the near future this might get killed altogether or re-written so it isn't a total disastrous clusterfuck like it is right now.

GracieBlue
12-30-2019, 10:48 PM
I also meant to say I received a couple of emails from CalGems saying that some emails were routed to the wrong address so those of you who never heard back maybe check again. Also what triffilin posted before that our accounts are as is at least till January 6th, they confirmed that as well.

GracieBlue
12-31-2019, 01:52 PM
Heads up- I got an email from an HR company that is handling SM CA girls! They just want a general information, no new details.

xxxGothBarbie
12-31-2019, 03:55 PM
m glad there is hope! If bill g gets tossed outt & ca models aren't affected I'm totally moving back ;)

HaydenBlue
12-31-2019, 10:04 PM
Another positive update on AB5

Judge temporarily exempts truck drivers from California’s new gig-work law - https://www.sfchronicle.com/business/article/Judge-temporarily-exempts-truck-drivers-from-14942757.php

Mal707
12-31-2019, 11:01 PM
When I clicked broadcast on chaturbate tonight, there was a note about AB5. The note made it clear that they would continue to view us as independent contractors and had an updated contract to sign. So I thought that was also a little bit of things looking up

Blovely
01-01-2020, 08:04 AM
I tried doing Ubereats, never again in this life or my after life. I do think that companies like Uber, Lyft, Postmates, etc should be regulated but I think Cali is doing too much and going too far. They shouldn't penalize all independent contractors just because of the how Uber, Lyft, Postmates, etc treat their contractors and run their business. They're stupid to not think past those companies, as if everyone that works as an independent contractor/self-employed works as a driver...smh. I don't see how this law can pass with the vast amount and different types of IC. I hope this new law gets thrown out but I also hope that they come up with something to help regulate some of these shitty ass companies as well.

SamanthaSugar
01-02-2020, 02:50 PM
Just received my hire packet from CalGems

Commission Percentage: Effective January 15, 2020, you will receive commissions based on
29% of all live chat sales generated by your performances on Streamate.com. The terms and
conditions of your commission pay are governed by the Company’s Commission Plan.

A measly 29%? It feels all too structured now, time cards, mandatory breaks... I take the risks of being a cam model so I can have the freedom to work whenever and how ever much I want. I feel like it's become a regular job with the "adult perfomer" risk and all the problems that go along with it and for LESS pay!!! I really hope this law gets thrown out! They are giving us until the 12th to sign.

SamanthaSugar
01-02-2020, 03:02 PM
I'll just up my rate to absorb it. Can't wait until I start making enough money from my vanilla business to support myself 100% so I can once and for all get out of this industry.

Correct me if I'm wrong, with the 29%, taxes are going to be taken out?

PhatGirlDynomite!!!
01-02-2020, 03:13 PM
Just received my hire packet from CalGems

Commission Percentage: Effective January 15, 2020, you will receive commissions based on
29% of all live chat sales generated by your performances on Streamate.com. The terms and
conditions of your commission pay are governed by the Company’s Commission Plan.

A measly 29%? It feels all too structured now, time cards, mandatory breaks... I take the risks of being a cam model so I can have the freedom to work whenever and how ever much I want. I feel like it's become a regular job with the "adult perfomer" risk and all the problems that go along with it and for LESS pay!!! I really hope this law gets thrown out! They are giving us until the 12th to sign.

I wonder what move Streamate will make if this law is postponed or completely thrown out? Will they immediately reverse this contract and will all the other Cali performers who were dropped become eligible to stream again?

anonamiss
01-02-2020, 03:16 PM
Just received my hire packet from CalGems

Commission Percentage: Effective January 15, 2020, you will receive commissions based on
29% of all live chat sales generated by your performances on Streamate.com. The terms and
conditions of your commission pay are governed by the Company’s Commission Plan.

A measly 29%? It feels all too structured now, time cards, mandatory breaks... I take the risks of being a cam model so I can have the freedom to work whenever and how ever much I want. I feel like it's become a regular job with the "adult perfomer" risk and all the problems that go along with it and for LESS pay!!! I really hope this law gets thrown out! They are giving us until the 12th to sign.

I haven't gotten mine yet so I haven't read all the details.

What I want to know is, is the 29% percent before or after taxes? Also, are they paying us minimum wage ($12/hour) on top of the 29% cut? If so, it's really not as measly as you think. It should hypothetically work out to around the same amount as you are used to making, but you no longer have to factor in your own taxes.

BubblyBlonde
01-02-2020, 03:18 PM
Nope. Good bye SM. I am not camming for 29% commission.

Edit: it’s not legal of them to take a percentage of tips. Or did they find a loop hole by calling it “Gold”? Either way. I’m out.

GracieBlue
01-02-2020, 03:22 PM
I haven't gotten mine yet either. I thought they had to do at least min. wage as well. I wonder if they're banking on this law going bust, it seems like it's still not all figured out, not very specific.

SamanthaSugar
01-02-2020, 03:26 PM
It should be interesting how this will all play out. With them taking taxes out of the 29%, it just doesn't seem worth it. Our pay should be going up not down, here in CA, that's a poverty-level wage. I've been slowly getting all my high earners & regs over to Skype.

anonamiss
01-02-2020, 03:27 PM
I wonder what move Streamate will make if this law is postponed or completely thrown out? Will they immediately reverse this contract and will all the other Cali performers who were dropped become eligible to stream again?

I'm wondering this as well. I think someone already asked this and posted CalGem's response, but it was basically "You'll get more info later."

I hope they archived all of the terminated model accounts, so that if this does get overturned or postponed it will be a relatively simple process to get them reinstated and working again as ICs. Same for those who have been transferred to CalGems. It's going to require models to redo their tax paperwork again, and probably cause some general tax annoyances for everyone, but I don't otherwise see why it would be that big of an issue.

GracieBlue
01-02-2020, 03:28 PM
I feel like we pay the taxes at some point anyway.

It should be interesting how this will all play out. With them taking taxes out of the 29%, it just doesn't seem worth it. Our pay should be going up not down, here in CA, that's a poverty-level wage. I've been slowly getting all my high earners & regs over to Skype.

SamanthaSugar
01-02-2020, 03:36 PM
Minimum Pay Rate Requirement. During each biweekly pay period worked, eligible employees
may earn the greater of either (1) commissions based on a percentage of net sales collected by the
Site that are directly attributable to the employee’s performances; or (2) hourly wages (including
overtime) for all hours worked while performing. Employees are only eligible to receive
commissions under this Plan for amounts that exceed the hourly wage for all hours worked making
sales during a biweekly pay period. For instance, if during a biweekly pay period an employee
earned $1000 of commissions and $500 as hourly wages for all time worked while performing, the
employee will receive $1000 for that pay period. As another example, if an employee earned $100
of commissions and $500 as hourly wages for all time worked while performing, then the employee
will receive $500 for that pay period. Employees will also receive minimum wage for all work
unrelated to generating sales.


I have an S Corp so I write off a shit load, we are using ALL of own resources! It just doesn't make sense.

can I have them not take taxes out? Do we even get that option?

I need to call my CPA

anonamiss
01-02-2020, 03:39 PM
Nope. Good bye SM. I am not camming for 29% commission.

Edit: it’s not legal of them to take a percentage of tips. Or did they find a loop hole by calling it “Gold”? Either way. I’m out.

I don't think it's a loophole so much as it just not making sense to apply that to camming. How would a camsite survive if the models got to keep all of their "tips"? Say a girl only does public shows driven by tips, and never does privates - it is absolutely not feasible to expect a camsite to let her keep all of that, while using the cam platform, and using the traffic driven by the cam site. The site still deserves their cut for those "tips", and it's absurd to think otherwise.

Plus, is it really a tip if you're doing something specific in return? If you say "Tip Me $100 and I'll do X", or "tip me to buzz my toy", that no longer sounds like a tip in the way it's probably used in a legal/labor sense - it's a payment/service exchange.

It's one thing if a guy actually "tips" you in the sense that you didn't ask for it. Like the kinds of tips that you can get after a private show, through your inbox. Or a random tip in free chat for no reason.

But there's just no way to regulate giving a higher percentage of certain kinds of tips, without models eventually gaming the system.

SamanthaSugar
01-02-2020, 03:49 PM
I'm a big Sourpuss right now :( Smoking a big doobie and a couple drops of Lumify in each eye is the only way I can muster up the energy to get on cam.

Fuck!

anonamiss
01-02-2020, 03:51 PM
Minimum Pay Rate Requirement. During each biweekly pay period worked, eligible employees
may earn the greater of either (1) commissions based on a percentage of net sales collected by the
Site that are directly attributable to the employee’s performances; or (2) hourly wages (including
overtime) for all hours worked while performing. Employees are only eligible to receive
commissions under this Plan for amounts that exceed the hourly wage for all hours worked making
sales during a biweekly pay period. For instance, if during a biweekly pay period an employee
earned $1000 of commissions and $500 as hourly wages for all time worked while performing, the
employee will receive $1000 for that pay period. As another example, if an employee earned $100
of commissions and $500 as hourly wages for all time worked while performing, then the employee
will receive $500 for that pay period. Employees will also receive minimum wage for all work
unrelated to generating sales.


Sheesh, this is messy. I have no idea what that last sentence even means. What constitutes "work unrelated to generating sales"?

I still don't understand if the 29% includes our taxes being taken out. There must be a specific clause in the paperwork about it. Like, if a guy tips me $100 and I make $29 on my earnings page -- is that what I can expect to take home? If that is case, I am totally fine with this. When I factor in my own self employed tax rate to our usual 35% cut, I bring home about 27%. So this would work in my favor.

But if the federal, state, and FICA taxes are taken out on top of that, and there's no additional minimum wage being paid, then it's more like ~23.5% take home which is pretty bullshit.

SamanthaSugar
01-02-2020, 04:00 PM
I don't think it's a loophole so much as it just not making sense to apply that to camming. How would a camsite survive if the models got to keep all of their "tips"? Say a girl only does public shows driven by tips, and never does privates - it is absolutely not feasible to expect a camsite to let her keep all of that, while using the cam platform, and using the traffic driven by the cam site. The site still deserves their cut for those "tips", and it's absurd to think otherwise.

Plus, is it really a tip if you're doing something specific in return? If you say "Tip Me $100 and I'll do X", or "tip me to buzz my toy", that no longer sounds like a tip in the way it's probably used in a legal/labor sense - it's a payment/service exchange.

It's one thing if a guy actually "tips" you in the sense that you didn't ask for it. Like the kinds of tips that you can get after a private show, through your inbox. Or a random tip in free chat for no reason.

But there's just no way to regulate giving a higher percentage of certain kinds of tips, without models eventually gaming the system.

Then get rid of the tips. Back in the day, everyone was doing just fine without "tips" and all the other stupid shit SM has now. Just having Pvt and Ex shows is what made SM special, now they are pretty much like every other site out there, but in a different wrapper.

I'm just bent out of shape right now! It is what it is, its my own free will to go or stay.

Rant over.

SamanthaSugar
01-02-2020, 04:08 PM
Eligibility. All Company employees who are hired to perform on the Site are eligible for
commissions based on live chat sales.
Calculation. Employees are eligible to receive commissions based on a percentage of net sales
collected by the Site that are directly attributable to the performances on the employee’s Streamate
account. The eligible commission is a percent of sales actually billed and collected by the Site
arising from transactions on an employee’s Streamate account. The current range for employee
commission percentages varies depending on past sales performance on the Site and business
factors. The Company will provide employees with their exact commission percentage prior to
the start of their employment. The Company reserves the right to change the commission structure
and percentage of any employee at any time and for any reason by providing the employee with
advance written notice of the change.
Payment. CAL Gems expects to receive an accounting and payment of all sales actually billed
and collected by the Site that are directly attributable to an employee’s performances on a biweekly
basis. Commissions are not earned by employees until CAL Gems receives an accounting and
payment from the Site as to an employee’s sales. CAL Gems will calculate and pay the
commissions as soon as reasonably possible after it receives the accounting and payment. Upon
termination, Company will pay the employee all earned commissions that are earned and
calculated as of the termination date. As to commissions that are earned and calculated after
termination, Company will pay those commissions as soon as they are reasonably ascertainable.


I don't see anywhere in the docs where they mention taxes

xxxGothBarbie
01-02-2020, 04:22 PM
I wouldn't work those sites until they get that shitty payment system figured out. I'd take all my regs to imlive or Indy. No reason models should comply with this right now, especially if it's not paying your bills. Is there away to just put sm on hold for u guys?

anonamiss
01-02-2020, 04:28 PM
I wouldn't work those sites until they get that shitty payment system figured out. I'd take all my regs to imlive or Indy. No reason models should comply with this right now, especially if it's not paying your bills. Is there away to just put sm on hold for u guys?

Eh I disagree due to personal factors -- SM has always paid my bills as long as I put in the hours. The percentage cut isn't going to make that huge of a difference in terms of ultimate take home pay, so I'm going to sign it and keep working, despite the pay cut. Starting on a brand new site with brand new traffic sounds like it'd be even riskier to rely on for paying your bills, IMO. (also, it's not that simple to just "take all your regs" somewhere else. You either have to break the rules and risk getting your main account suspended or terminated, or hope that they find you themselves.)

Plus I believe there's a deadline to sign it, so I doubt they'd allow you to put your account "on hold."

GracieBlue
01-02-2020, 04:38 PM
Ok so if we "net" sales that's take home. Gross is without taxes out, net is with taxes out. But if they are wording it wrong and we get gross commission sales...then why can't we have 35%?

anonamiss
01-02-2020, 04:52 PM
"The current range for employee commission percentages varies depending on past sales performance on the Site and business factors. The Company will provide employees with their exact commission percentage prior to the start of their employment."

I wonder if this means they offered some girls different percentages. It is now 100% clear they looked at "past sales performance" as a way to accept or deny models to employ. So I wonder if anyone is getting more or less than 29%, and how those numbers were determined.

Also, why put that last sentence about "providing exact commission" in there if they already mentioned the 29% commission somewhere else in the paperwork? Is there a chance it's going to change to something else? Ugh.

GracieBlue
01-02-2020, 05:01 PM
I was wondering that too. I'm still waiting for my packet. So curious!


"The current range for employee commission percentages varies depending on past sales performance on the Site and business factors. The Company will provide employees with their exact commission percentage prior to the start of their employment."

I wonder if this means they offered some girls different percentages. It is now 100% clear they looked at "past sales performance" as a way to accept or deny models to employ. So I wonder if anyone is getting more or less than 29%, and how those numbers were determined.

Also, why put that last sentence about "providing exact commission" in there if they already mentioned the 29% commission somewhere else in the paperwork? Is there a chance it's going to change to something else? Ugh.

anonamiss
01-02-2020, 05:11 PM
Ok so if we "net" sales that's take home. Gross is without taxes out, net is with taxes out. But if they are wording it wrong and we get gross commission sales...then why can't we have 35%?

Yeah, I was thinking about this too after I reread it. Net does imply take home. It would be great to be able to see my earnings report and see the exact amount I'm taking home on my next paycheck, with no additional budgeting for taxes.

laurielegs
01-02-2020, 06:24 PM
Ok so if we "net" sales that's take home. Gross is without taxes out, net is with taxes out. But if they are wording it wrong and we get gross commission sales...then why can't we have 35%?

I'm guessing because they are providing workman's comp, health insurance and paid vacation?

GracieBlue
01-02-2020, 07:01 PM
No insurance or vacation for part time. I wonder if that factors into %.


I'm guessing because they are providing workman's comp, health insurance and paid vacation?

anonamiss
01-02-2020, 08:26 PM
"The current range for employee commission percentages varies depending on past sales performance on the Site and business factors. The Company will provide employees with their exact commission percentage prior to the start of their employment."

I wonder if this means they offered some girls different percentages. It is now 100% clear they looked at "past sales performance" as a way to accept or deny models to employ. So I wonder if anyone is getting more or less than 29%, and how those numbers were determined.

Also, why put that last sentence about "providing exact commission" in there if they already mentioned the 29% commission somewhere else in the paperwork? Is there a chance it's going to change to something else? Ugh.

APAG Twitter just posted that some girls are getting offered 28%, some more. https://twitter.com/APAGunion/status/1212929753197371393

GracieBlue
01-02-2020, 08:34 PM
I never got anything today. Am I the only one? Guess I will reach out mid day tomorrow if I haven't heard anything or on Monday. Did everyone get that email from the HR company that will be handling payroll?

anonamiss
01-02-2020, 08:57 PM
I never got anything today. Am I the only one? Guess I will reach out mid day tomorrow if I haven't heard anything or on Monday. Did everyone get that email from the HR company that will be handling payroll?

I haven't gotten anything yet (other than the first contract which I signed and returned on the 27th.) I assume they are kind of going "in order" by the girls who sent the signed contract back first.

Edit: When did you sign/return yours, Gracie? Also, for the girls who have received more paperwork/payment info, when did you sign/return the first contract?

GracieBlue
01-02-2020, 09:10 PM
I got the first "offer" letter on December 16th and then on Tuesday I got a general email from the HR/payroll company that CalGems is using. I filled out both and signed both pretty much immediately and send them in. I'm so curious why the different percentages and what the reasoning is. Would someone who is pretty consistent and makes decent money expect to get a higher percentage or lower and vice versa.

Also curious...where I live minimum wage is $15. Anyone else with a high min. wage? I wonder if they accounted for some of us that live in areas that have a higher minimum-wage than the rest of the state. :)

anonamiss
01-02-2020, 10:12 PM
I got the first "offer" letter on December 16th and then on Tuesday I got a general email from the HR/payroll company that CalGems is using. I filled out both and signed both pretty much immediately and send them in. I'm so curious why the different percentages and what the reasoning is. Would someone who is pretty consistent and makes decent money expect to get a higher percentage or lower and vice versa.

Also curious...where I live minimum wage is $15. Anyone else with a high min. wage? I wonder if they accounted for some of us that live in areas that have a higher minimum-wage than the rest of the state. :)

You got a separate email from someone other than SM or CalGems? That's interesting... I never have. My CalGems contract was sent by the CalGems HR in response to the initial email I sent. And it was only one page so I don't know what you mean by "I filled out and signed both." What was the second one?

SamanthaSugar
01-02-2020, 10:31 PM
I haven't gotten anything yet (other than the first contract which I signed and returned on the 27th.) I assume they are kind of going "in order" by the girls who sent the signed contract back first.

Edit: When did you sign/return yours, Gracie? Also, for the girls who have received more paperwork/payment info, when did you sign/return the first contract?

Actually this was the only thing I've received from them. I've yet to sign anything.

SamanthaSugar
01-02-2020, 10:33 PM
I got the first "offer" letter on December 16th and then on Tuesday I got a general email from the HR/payroll company that CalGems is using. I filled out both and signed both pretty much immediately and send them in. I'm so curious why the different percentages and what the reasoning is. Would someone who is pretty consistent and makes decent money expect to get a higher percentage or lower and vice versa.

Also curious...where I live minimum wage is $15. Anyone else with a high min. wage? I wonder if they accounted for some of us that live in areas that have a higher minimum-wage than the rest of the state. :)

Maybe I'm getting a higher percentage because I'm going to be part time?

GracieBlue
01-02-2020, 10:34 PM
I wish they were more organized! It's all kind of confusing. Basically the HR company just wanted general information so they can add us to their hr/payroll portal. Did anyone else get that? LOL I hope I'm not getting scammed. Yikes!

GracieBlue
01-02-2020, 10:35 PM
I wonder what the highest percentage is? I am only doing part time also.

anonamiss
01-02-2020, 10:49 PM
Actually this was the only thing I've received from them. I've yet to sign anything.

Now I'm confused, lol. I thought you were the first one to post here about receiving the "hire packet" from CalGems?

I figured they will only send that to people who signed the initial contract. Did you? Maybe I'm misunderstanding. Did you sign the initial one page contract, then get the hire packet containing compensation info, but haven't signed that one yet?

SamanthaSugar
01-03-2020, 12:01 AM
Now I'm confused, lol. I thought you were the first one to post here about receiving the "hire packet" from CalGems?

I figured they will only send that to people who signed the initial contract. Did you? Maybe I'm misunderstanding. Did you sign the initial one page contract, then get the hire packet containing compensation info, but haven't signed that one yet?

The hire packet that I received today was the only thing that CalGems has sent to me to sign. I never received the initial contract, so I was surprised that they sent me the hire packet.

anonamiss
01-03-2020, 12:34 AM
The hire packet that I received today was the only thing that CalGems has sent to me to sign. I never received the initial contract, so I was surprised that they sent me the hire packet.

got it. wow, they sound seriously disorganized. :/

Roughfools
01-03-2020, 09:04 AM
I only get 28%. I wonder why some models get 29%.

anonamiss
01-03-2020, 12:45 PM
I only get 28%. I wonder why some models get 29%.

Did you opt for part or full time?

Do you have a rough idea of your average hourly income from past months/years on SM? I wonder if they're giving higher percents to girls who have proven to make some higher minimum threshold of money over time.

Since they are now our employer, I suppose that means they can offer variable pay based on commensurate experience. I don't think it makes sense to do this with commission, though.

If they wanted to do some range of commission, they should make it like "If you make over X amount this week, you keep X percent. Otherwise you make Y percent." I think there are a few other camsites that do something like this already.

GracieBlue
01-03-2020, 01:02 PM
I got the compensation package email and but no compensation package was attached LOL. Now I wait… Again.

anonamiss
01-03-2020, 01:11 PM
I got the compensation package email and but no compensation package was attached LOL. Now I wait… Again.

jesus christ are they high? lol. this all just seems like such a joke at this point.

Nikki_Fox
01-03-2020, 01:20 PM
I dont live in Cali but I want you ladies to know my heart goes out to all of you :grouphug:

innocentindian
01-03-2020, 02:10 PM
Ooof, I got "Effective January 15, 2020, you will receive commissions based on 24% of all live chat sales generated by your performances on Streamate.com"

I don't work super consistently, but I feel like I make a good hourly. I have everything set up to move out of California later this month, so I'm ok, but I worry for girls who are forced to take whatever percentage Streamate offers them :( That's more than 10% difference!

GracieBlue
01-03-2020, 02:30 PM
That's what I got! I don't think there's any rhyme or fucking reason to their formula. I am very consistent and have a very good hourly. I do live in the bay area where my minimum wage is 15 an hour. I don't know if that counts for something. I think I'll try their structure for a pay period and if I'm making way less, I'm out!


Ooof, I got "Effective January 15, 2020, you will receive commissions based on 24% of all live chat sales generated by your performances on Streamate.com"

I don't work super consistently, but I feel like I make a good hourly. I have everything set up to move out of California later this month, so I'm ok, but I worry for girls who are forced to take whatever percentage Streamate offers them :( That's more than 10% difference!

anonamiss
01-03-2020, 02:39 PM
wow this is nuts. I still haven't gotten mine yet. will update when I do.