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

  1. #26
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    Default Re: California Assembly 5 NEW LAW Independent Contractors will no longer be allowed!!

    Quote Originally Posted by Dorothea View Post
    A friend camgirl of mine from california big city who lived with rommate no lease (the only way to be able to afford to live in her state and have some extra money packed her bags this weekend rented sublet in new orleans and leaving wednesday lol all due to this info hopes she can gtfo out on paper with new address by end of year
    anyway...that is one less tax payer for this state. She may not stay in new orleans but generally seeking new home. She is scared.
    She always paid taxes on time and never complained until now she loves cali she just scared now she will not be able to feed her cat or live a free life.
    Not sure if i can post this here but wanted you girls to know how it affects others.
    She didn't have to leave so suddenly like that. It's not even into effect yet. Hell as far as that goes don't work for any of the sites that are based out of CA if this does go into effect. Start seeking out sites that aren't CA based . But I know it doesn't make sense if you are already a resident there huh? It's gonna be like the making strippers employees thing & like the abortion crap, people will always find a way around the law if they even stick. I srsly doubt it'll even pass really.

    Besides, the only reason Uber & other companies are pulling this shit is bc the companies are essentially stealing their tips they get from deliveries, drives. What we do is alot different.
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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 srsly doubt it'll even pass really.
    https://www.billtrack50.com/BillDetail/996562

    Just so we're not spreading any incorrect info -- technically it has already been signed and passed into law, but it doesn't go into effect until Jan 1, 2020. But it will absolutely be challenged and taken to the courts. That should effectively postpone everything.

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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
    https://www.billtrack50.com/BillDetail/996562

    Just so we're not spreading any incorrect info -- technically it has already been signed and passed into law, but it doesn't go into effect until Jan 1, 2020. But it will absolutely be challenged and taken to the courts. That should effectively postpone everything.
    ok, but if it does get thrown into courts, then are you saying it won't technically apply by Jan 1st? I'm confused LOL
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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
    ok, but if it does get thrown into courts, then are you saying it won't technically apply by Jan 1st? I'm confused LOL
    In short, nothing is going to abruptly change overnight on January 1st. It's generally going to be a long process and probably complicated. There isn't a lot of info or data about how this will specifically affect the cammodeling industry yet, aside from what's already been posted here, which is all speculative. There is some info on strippers and porn stars out there, but in the context of this law we have some really different parameters as camgirls, so it's hard to specifically speak on this.

    Here's an interesting article I just found, I'll post some quotes. https://calmatters.org/economy/2019/...-5-passes/amp/

    "Much of this remains in flux. Uber and Lyft say today’s on-demand economy calls for a new, first-in the nation framework, and they want California to forge it. Last week major gig employers seeded $90 million for a ballot measure unless lawmakers find a way to protect their business model. ...

    Democrats and labor leaders are working their way through this issue, which means even after AB 5 passes, negotiations will continue. ...

    Although AB 5 would take effect Jan. 1, 2020, don’t expect any immediate changes. Since the inception of Uber and Lyft, rideshare companies have spent millions in litigation and on settlements to try to keep drivers from being classified as employees. This fight is no different.

    If AB 5 passes, it’ll simply be a qualification of existing law... It doesn’t immediately transform drivers into employees.”

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

    For anyone wanting to read more in depth on independent contractor work in CA, read this. I said earlier that I think we are best defined as salespeople. If that could be officially defined, this lists exactly why what we do should fall under that label, and therefore be exempt from AB5. The nature of our work would hypothetically pass the Borello test, the only glaring thing being that camgirls in CA may have to acquire a legit business license to continue working.

    https://www.nolo.com/legal-encyclope...w-ab5-law.html

    It's a lot of legalese and I admit I don't necessarily understand all of it, but I'm just trying to be more informed. This is all pretty complicated and we'll ultimately just have to see how each camsite decides to handle all of this.

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  10. #31
    Veteran Member Dorothea's Avatar
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    Default Re: California Assembly 5 NEW LAW Independent Contractors will no longer be allowed!!

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    Last edited by Dorothea; 10-07-2019 at 06:39 PM.

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

    I just found a fairly comprehensive q&a about the bill. Worth a read. For anyone who doesn't think this affects them because they aren't in CA, keep in mind that many democratic presidential candidates support the bill and have expressed interest in eventually making it (or something inspired by it) into federal law.

    http://www.sfchronicle.com/business/...d-14441764.php

    It seems like we as camgirls need to be lobbying for an exemption (separate from that of strippers and porn stars who are already getting themselves involved in different ways, and with much different circumstances/situations than our work. -- in fact many of them support the bill, so trying to bond together as one industry doesn't make sense here). But I honestly don't know where or how to do that, especially because I don't want to be public about being a cam girl. I also feel like writing to my representatives will be useless but I suppose it could be worth a shot.

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

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    Last edited by Dorothea; 10-07-2019 at 06:39 PM.

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

    Quote Originally Posted by Dorothea View Post
    What about youtubers , fasion and food bloggers , freelance writers, headshot photographers in LA...there are so many people. So many youtubers make a living making videos...They are independent also. It will be interesting to see how this plays out. But yeah lets not create too much drama sometimes these things never come to fruition I think UK had some kinda law that never did camgirls here wrote.
    Yeah age verification - it’s still in play but they keep postponing so it’s not in law yet, hope that happens for you girls to!

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

    Got this reply from Niteflirt!


    "Hi, layla!

    Thanks for reaching out.

    If we need to make any changes related to this or any other law we will notify all affected NiteFlirt Members. As noted in the NiteFlirt Terms of Service, as a Flirt, you are not an employee, agent or contractor of NiteFlirt, and you shall not represent that you are any of the foregoing. We believe that Flirts are correctly classified and do not anticipate any changes.

    Regards,"
    Play Fair
    Instagram - LaylaLovely56
    Twitter- LaylaLovelyXXX


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

    Does this law actually affect you if you work in for an out of state company?
    Earn $$$ from sexting and phone calls:
    https://www.sextpanther.com/apply?id=3508
    https://www.niteflirt.com/pid/33134642

    Get paid daily to cam
    https://cammodelpay.com/ref?page=&ca...Token=MTEwMzI=

    Get more fans/make $ posting pics you already have:
    https://onlyfans.com/?ref=61044060



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

    This law is for independent contractors in California AND businesses in California so movingout of California but still working for a California site does no good because they have to make you employee still and offer u benefits/take out taxes
    Instagram - LaylaLovely56
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    Veteran Member EricaErotica's Avatar
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    Default Re: California Assembly 5 NEW LAW Independent Contractors will no longer be allowed!!

    I actually practiced Human Resources in the state of California for 5 years before entering the adult industry.

    For any ladies concerned about this new law, there is an easy way NOT to be included and classified as an employee.

    You would NEED to incorporate as a business entity. I actually read the bill. That is how you protect yourself from inclusion.

    "Under the court’s new test, a worker is an employee if his or her job forms part of a company’s core business; if his or her employer directs the way the work is done; or if the worker has NOT established an independent trade or business."

    Here is an article with some more details. https://www.latimes.com/business/sto...-to-gov-newsom

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

    Legally that is pretty much the STANDARD way of protecting yourself from being classified as someone's employee.

    You incorporate and form your OWN INDEPENDENT and legally recognized business entity.

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

    I totally understand both sides. Initially I got really excited that independent contractors would have to be employees to a company if the independent contractors were essential to the businesses operations ie. temporary employment agencies, uber/lyft, doordash, flavor, postmates and then of course cam models/phone sex operators! Companies get out of paying our self employment taxes by making us independent contractors. In reality without their independent contractors, they would have no business so the loophole disappears. Gives us an opportunity to have our 15.4% self employment tax paid for by the companies we work for. Plus W2 proof of employment.

    Of course there are negatives to it all too. Just my initial excitement to finally be recognized for models being the center of these business models in our industry.

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

    Anonamiss,

    You said in a previous post that adult workers might need to acquire a "legit business license". You are partially correct. Actually, to completely protect yourself you would need to incorporate a business entity. After your business is officially incorporated, you would receive your Articles of Incorporation, your EIN, AND from there you would receive a business license as well. DO NOT just get a business license. You need to become a fully incorporated business entity. That way they can't mess with you.
    Last edited by EricaErotica; 10-09-2019 at 01:10 PM.

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

    Do you realize that as an employee, by law your employer can dictate that you ONLY work for THEIR company?

    How many people in the adult industry can get by with just ONE COMPANY?

    This law is not helpful. Quite frankly, the only people this law is designed to help is the government of California.

    The bureaucrats in Sacramento are crying because they are losing $7 Billion in Payroll Tax Revenue each year.

    This is a scheme they concocted to reclaim their lost tax revenue. This law will put many people OUT of work.

    Many people love the gig economy and the ability it provides them to be independent and entrepreneurial.



    Quote Originally Posted by SapphireXO View Post
    I totally understand both sides. Initially I got really excited that independent contractors would have to be employees to a company if the independent contractors were essential to the businesses operations ie. temporary employment agencies, uber/lyft, doordash, flavor, postmates and then of course cam models/phone sex operators! Companies get out of paying our self employment taxes by making us independent contractors. In reality without their independent contractors, they would have no business so the loophole disappears. Gives us an opportunity to have our 15.4% self employment tax paid for by the companies we work for. Plus W2 proof of employment.

    Of course there are negatives to it all too. Just my initial excitement to finally be recognized for models being the center of these business models in our industry.

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

    Quote Originally Posted by SapphireXO View Post
    I totally understand both sides. Initially I got really excited that independent contractors would have to be employees to a company if the independent contractors were essential to the businesses operations ie. temporary employment agencies, uber/lyft, doordash, flavor, postmates and then of course cam models/phone sex operators! Companies get out of paying our self employment taxes by making us independent contractors. In reality without their independent contractors, they would have no business so the loophole disappears. Gives us an opportunity to have our 15.4% self employment tax paid for by the companies we work for. Plus W2 proof of employment.

    Of course there are negatives to it all too. Just my initial excitement to finally be recognized for models being the center of these business models in our industry.
    I truly don't understand the excitement here. By making us employees wouldn't that effectively make it so camsites could determine our hours, tell us when and how to work, how much to charge, etc? All of those factors are core to being a contractor. We have independence and agency and I fear that would be gone as employees, but perhaps I just don't understand how it would work.

    Plus, from a tax perspective, if we were employees, we wouldn't have the ability to write off the majority of things we can write off as contractors.

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

    Quote Originally Posted by EricaErotica View Post
    Anonamiss,

    You said in a previous post that adult workers might need to acquire a "legit business license". You are partially correct. Actually, to completely protect yourself you would need to incorporate a business entity AND from there you would receive a business license as well. DO NOT just get a business license. You need to become a fully incorporated business entity. That way they can't mess with you.
    Not really a big deal. It cost me $500 with a business lawyer helping me along the way to get my articles drafted and filed with the state.

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

    So glad I have 2 incorporated businesses.

    So glad I left California 10 years ago.

    For those of you who remain INCORPORATE.

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

    Yes, if you go through Legal Zoom or My Corporation that is about how much it costs.

    Quote Originally Posted by SapphireXO View Post
    Not really a big deal. It cost me $500 with a business lawyer helping me along the way to get my articles drafted and filed with the state.

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

    All your points are factual and correct. No one who is a true business woman would believe this law is beneficial to their business enterprise.

    Quote Originally Posted by anonamiss View Post
    I truly don't understand the excitement here. By making us employees wouldn't that effectively make it so camsites could determine our hours, tell us when and how to work, how much to charge, etc? All of those factors are core to being a contractor. We have independence and agency and I fear that would be gone as employees, but perhaps I just don't understand how it would work.

    Plus, from a tax perspective, if we were employees, we wouldn't have the ability to write off the majority of things we can write off as contractors.

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

    Quote Originally Posted by EricaErotica View Post
    Yes, if you go through Legal Zoom or My Corporation that is about how much it costs.
    https://www.incorporate.com/learning...lc-taxes-fees/

    it looks like its more like $1k+ in CA, including the $800 per year tax fee.

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  42. #49
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    Default Re: California Assembly 5 NEW LAW Independent Contractors will no longer be allowed!!

    I would NEVER incorporate a business in the state of California. Too expensive for a variety of reasons. You would need to consult with an attorney or any one of the incorporation businesses (LegalZoom, MyCorporation, etc.) about incorporating in ANOTHER state. This might save you on fees and business income taxes. Also if you incorporate out of state you would NEED to obtain a Registered Agent.

    Quote Originally Posted by anonamiss View Post
    https://www.incorporate.com/learning...lc-taxes-fees/

    it looks like its more like $1k+ in CA, including the $800 per year tax fee.

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

    Yup! That's exactly why I left California. Too expensive and too many fees for pretty much EVERYTHING.

    Your quality of life is better out of that state!!!

    Quote Originally Posted by anonamiss View Post
    https://www.incorporate.com/learning...lc-taxes-fees/

    it looks like its more like $1k+ in CA, including the $800 per year tax fee.

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