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Thread: California Assembly 5 NEW LAW Independent Contractors will no longer be allowed!!!

  1. #251
    Veteran Member GracieBlue's Avatar
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    Default Re: California Assembly 5 NEW LAW Independent Contractors will no longer be allowed!!

    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

    Quote Originally Posted by TrifilinCamHo View Post
    Big stuff happened RE: AB5 today y'all. Uber, Postmates, AND two separate individuals filed lawsuits claiming the entire law is unconstitutional. 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.

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  3. #252
    Veteran Member GracieBlue's Avatar
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    Default Re: California Assembly 5 NEW LAW Independent Contractors will no longer be allowed!!

    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.

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  5. #253
    Veteran Member GracieBlue's Avatar
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    Default Re: California Assembly 5 NEW LAW Independent Contractors will no longer be allowed!!

    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.

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  7. #254
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    Default Re: California Assembly 5 NEW LAW Independent Contractors will no longer be allowed!!

    m glad there is hope! If bill g gets tossed outt & ca models aren't affected I'm totally moving back
    "Alot of people are afraid to say what they want, that's why they don't get what they want"~ Madonna




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  9. #255
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    Default Re: California Assembly 5 NEW LAW Independent Contractors will no longer be allowed!!

    Another positive update on AB5

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







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  11. #256
    Senior Member Mal707's Avatar
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    Default Re: California Assembly 5 NEW LAW Independent Contractors will no longer be allowed!!

    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

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  13. #257
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    Default Re: California Assembly 5 NEW LAW Independent Contractors will no longer be allowed!!

    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.
    Last edited by Blovely; 01-01-2020 at 08:44 AM.

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    Veteran Member SamanthaSugar's Avatar
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    Default Re: California Assembly 5 NEW LAW Independent Contractors will no longer be allowed!!

    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.

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  17. #259
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    Default Re: California Assembly 5 NEW LAW Independent Contractors will no longer be allowed!!

    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?

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  19. #260
    Moderator PhatGirlDynomite!!!'s Avatar
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    Default Re: California Assembly 5 NEW LAW Independent Contractors will no longer be allowed!!

    Quote Originally Posted by SamanthaSugar View Post
    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?

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    Default Re: California Assembly 5 NEW LAW Independent Contractors will no longer be allowed!!

    Quote Originally Posted by SamanthaSugar View Post
    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.

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    Default Re: California Assembly 5 NEW LAW Independent Contractors will no longer be allowed!!

    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.

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    Veteran Member GracieBlue's Avatar
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    Default Re: California Assembly 5 NEW LAW Independent Contractors will no longer be allowed!!

    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.

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    Veteran Member SamanthaSugar's Avatar
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    Default Re: California Assembly 5 NEW LAW Independent Contractors will no longer be allowed!!

    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.

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    Default Re: California Assembly 5 NEW LAW Independent Contractors will no longer be allowed!!

    Quote Originally Posted by PhatGirlDynomite!!! View Post
    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.

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    Default Re: California Assembly 5 NEW LAW Independent Contractors will no longer be allowed!!

    I feel like we pay the taxes at some point anyway.
    Quote Originally Posted by SamanthaSugar View Post
    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.

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  32. #267
    Veteran Member SamanthaSugar's Avatar
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    Default Re: California Assembly 5 NEW LAW Independent Contractors will no longer be allowed!!

    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

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    Default Re: California Assembly 5 NEW LAW Independent Contractors will no longer be allowed!!

    Quote Originally Posted by BubblyBlonde View Post
    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.

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  35. #269
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    Default Re: California Assembly 5 NEW LAW Independent Contractors will no longer be allowed!!

    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!

  36. #270
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    Default Re: California Assembly 5 NEW LAW Independent Contractors will no longer be allowed!!

    Quote Originally Posted by SamanthaSugar View Post
    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.

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  38. #271
    Veteran Member SamanthaSugar's Avatar
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    Default Re: California Assembly 5 NEW LAW Independent Contractors will no longer be allowed!!

    Quote Originally Posted by anonamiss View Post
    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.

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  40. #272
    Veteran Member SamanthaSugar's Avatar
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    Default Re: California Assembly 5 NEW LAW Independent Contractors will no longer be allowed!!

    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

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  42. #273
    God/dess xxxGothBarbie's Avatar
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    Default Re: California Assembly 5 NEW LAW Independent Contractors will no longer be allowed!!

    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?
    "Alot of people are afraid to say what they want, that's why they don't get what they want"~ Madonna




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  44. #274
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    Default Re: California Assembly 5 NEW LAW Independent Contractors will no longer be allowed!!

    Quote Originally Posted by xxxGothBarbie View Post
    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."

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  46. #275
    Veteran Member GracieBlue's Avatar
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    Default Re: California Assembly 5 NEW LAW Independent Contractors will no longer be allowed!!

    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%?

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