This is bill can cause the industry to flee California, and if it spreads to other states like AB5 has, it could cause more companies to move to Canada and Europe.
Some of it is based on existing laws in other states. For example, dancers are required to have a ‘Sheriff’s Card” to be able to work at a gentlemen’s club in Las Vegas. Which basically means they have to pass a criminal background check. This law borrows that idea and now would require it for all sex workers.
So what does that mean ??? If this bill becomes law – it is not going to be easy to challenge in the courts.
So if you thought AB5 was bad for the adult industry – this bill is much worse – performers/models, studios and platforms alike.
This is what AB #2389 would require;
CHAPTER 6. Adult Performers Employment Rights
1710.
A person shall not work as an entertainer at an adult entertainment business or as a performer in any adult entertainment video, including, but not limited to, internet web-camming sites, without having first obtained a valid business license or permit from the local business license issuing authority and the entertainer or performer obtaining a certificate of training completion issued by the Division of Labor Standards Enforcement pursuant to subdivision (h) of Section 1713.
1711.
An employer shall keep a copy of the certificate of training completion for each adult entertainer or performer employed for three years following the termination of employment. These copies shall be available to the employee or to the Division of Labor Standards Enforcement upon request.
1712.
Each adult entertainer or performer shall keep a copy of the certificate of training completion issued and shall present it to the local business license issuing authority or the Division of Labor Standards Enforcement upon demand.
This law would affect all types of adult entertainment and studios, platforms, phone sex companies, cam companies as well as all of the talent, porn performers, webcam models and even dancers in gentleman’s clubs that are employed by them.
And you may be wondering why the California Legislature is trying to pass this law. Actually, they were quite clear and even listed their reasons in the bill;
The Legislature finds and declares all of the following:
(a) There are hundreds of thousands of adult entertainers currently working in the United States.
(b) All adult entertainment workers are now classified as employees in the State of California as determined by Assembly Bill 5 (Chapter 296 of the Statutes of 2019), with other states now following closely behind.
(c) Safety, general welfare, and working conditions in the adult entertainment industry are a major high risk and concern.
(d) Workers in the adult entertainment industry deserve working rights as much as workers in any other industry, helping to protect them as well as their families.
and….
g) The avoidance of tax payments has historically occurred in the adult entertainment industry with the absence of regulations and permits.
I have obviously highlighted the last sentence for a purpose. The Franchise Tax Board wants additional tax revenue and they know that performers and employers in adult rarely pay their taxes. This bill will create a database of sex workers since the law also requires;
(i) Each adult entertainer or performer shall also obtain a Live Scan fingerprinting as part of completing the initial training.
So if this passes, the State of California will have access to a database of information on all sex workers that LIVE or WORK in the state.
Do not be mistaken, this law applies to anyone who works in California (even once) or works for a California based company — and there are several platforms and cam sites that are based in California. So this law effects talent that do not even reside in California.
To read all of AB #2389 click here;
AdultBizLaw.com 
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