• Advanced search
Login Signup

pornlaw

pornlaw's Website
www.adultbizlaw.com
pornlaw avatar image
  • profile
Details
Porn Connections: Attorney
Date Joined: October 2005
Location: Los Angeles
Profile URL: https://www.adultdvdtalk.com/profile/pornlaw




Recent Forum Posts
  • Condoms in Porn... Measure B/Bill AB 1576/Prop 60 2/16/2016 9:39:35 AM
    Von Swine - for the FTB someone might be a IC however for health and safety issues they could very well be considered EEs at the same time. Its two different standards. MBT - FEHA applies to employers with 5 employees. Every single performer a producer hires would be considered an employee, so if a producer did one DVD then more than likely they will meet the minimum 5 employees.
  • Condoms in Porn... Measure B/Bill AB 1576/Prop 60 2/16/2016 12:08:07 AM
    Actually actors/performers are employees in California. Its well founded law going back approximately 50 years. While I dont practice employment law in other states, the tests are basically the same. Its why erotic dancers have been found to be employees under other state's law as well. Its very hard to be an true independent contractor.
  • Condoms in Porn... Measure B/Bill AB 1576/Prop 60 2/15/2016 2:10:27 PM
    An employer can discriminate against a performer with HIV ( even with a condom ) in porn - on a case by case basis. There is a US Supreme Court case on the issue of legally permissible discrimination based on an ADA classified disability. Here is a link to an article I wrote about it in 2013. Its called the Direct Threat defense. <link> For those that dont want to read the article here are the cliff notes... Employers do have a defense discrimination if they can establish that the infected employee is a direct threat to the health and safety of the other performers on set. OSHA and CalOSHA require that all workplaces are safe and free from hazards for all employees. The direct threat defense is a narrow exception to the general rule that...
  • Condoms in Porn... Measure B/Bill AB 1576/Prop 60 2/12/2016 10:33:25 AM
    This is a very large nail in the coffin of condom-less porn... The CDC even talks about porn being produced in other states and on a global basis... This case study isnt even from California - its from Nevada. I have a hard time believing at this point that NV OSHA will do nothing. If CalOSHA approves the new regs (5193.1 - which I expect to happen) and the ballot measure passes (which is likely to happen at this point) it will be difficult for the industry to fight against the CDC's findings. They have no political agenda on this issue. <link>
  • Condoms in Porn... Measure B/Bill AB 1576/Prop 60 5/14/2013 9:42:34 AM
    Goldstein wrote: RandomPrecision wrote: hoochimama wrote: Don't porn studios pay taxes too? My guess is they do. I doubt they'd make it as far as they have without paying significant taxes. Plus, they probably make many more &quot;donations&quot; to politicians, law enforcement and local officials than your typical Joe and Jane Taxpayer do Sorry but no one wants &quot;dirty porn money.&quot; <link> Edited by - pornlaw on 5/14/2013 9:43:37 AM
  • Condoms in Porn... Measure B/Bill AB 1576/Prop 60 12/13/2012 10:46:15 AM
    Harri Patel wrote: Geri wrote: it is pretty much a given that shooting porn in Nevada is legal Not to anyone who actually knows what they're talking about, it isn't. And you still have the problem of whether the model releases could withstand a civil challenge to their validity. Illegal contracts are void ab initio. <link>
  • Condoms in Porn... Measure B/Bill AB 1576/Prop 60 11/14/2012 9:11:07 AM
    RandomPrecision wrote: pringles wrote: <link> <link> - Legal position by industry attorneys Greg Piccionelli and Michael W. Fattorosi (pornlaw) Anyone who has been paying attention long enough knows &quot;moving forward&quot; is liberal code for &quot;we're doing this shit and we don't care what you think&quot;. Libertarians don't use this term. I don't know a single one who does. Everyone I've heard using it was a liberal. I can assure you that the use of the words &quot;moving forward&quot; has nothing to do with what you think. I just tried to capture the idea of whats next in regards to production and to calm fears within the industry.
  • Condoms in Porn... Measure B/Bill AB 1576/Prop 60 10/18/2012 1:06:48 AM
    danl wrote: Don't suppose anyone knows or even cares, but when I have not sent out forum &quot;rants&quot; to adult film directors for their continual refusal to recognize the sexual &quot;charge&quot; a great many men get, just in seeing sexy, shapely porn stars, dangling long, smoldering cigarettes between their luscious lips, in both porn feature and gonzo productions, I coined the term &quot;con-dumb,&quot; long before it became a &quot;button slogan&quot; by the adult film industry. Should anyone care to check this fact, go to the many posts I made, looooong loooong ago, when the proposed mandate was in its &quot;infancy,&quot; so to speak. I am pretty sure, then, that &quot;condumb, was &quot;picked up&quot; by &quot;some&quot; indus...
  • Condoms in Porn... Measure B/Bill AB 1576/Prop 60 10/3/2012 11:58:28 PM
    Ballot Measure B makes references to the Cal-OSHA reg section 5193 that does actually require all those things... Though Cal-OSHA has proposed revised regs that only reference gloves and eye protective gear (in addition to condoms and dental dams). Not sure if that means googles or not. And yes condoms would be required for BJs under the old Cal-OSHA regs but not the proposed new ones - if certain testing requirements are met. So quite honestly B is very confusing but the AVN article you read is factual/legally correct. Michael
  • Condoms in Porn... Measure B/Bill AB 1576/Prop 60 10/1/2012 3:19:14 PM
    We are finally getting some support ! Now if the public knew more about how this isnt just a porn industry law... Doing cam shows from home w/ a spouse/BF/GF/cam partner in LA County ? Well the condom law applies to you too! <link> Just like 2257 it applies across the board... Michael
more posts from pornlaw
Join the Adult DVD Talk community and create your own profile! Adult DVD Talk is the most active community of porn fans and industry insiders. Stay on top of who's hot, know what's coming down the porn pipeline, and hang out with fellow porn people. Membership is free and gives you access to the backdoor (the front one too!) Join Now!