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Originally Posted by pornlaw
The unfortunate aspect of that is if they lose, then there's no ambiguity in the law. Sometimes not knowing, from a legal perspective, is better than knowing for sure.
However, in this instance, come December when a California Work Comp Appeals Board Judge decides the fate of a performer that contracted HIV on set we will know for sure. EE vs IC.
I know the Judge and the plaintiff attorney in that case, and I can almost assure you that the decision will be that the performer was in fact an employee.
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I could see that in some cases. Ambiguity is (usually) supposed to be construed to favor the defendant. However, as we all know, thats just not the way it works in real life. What is fair and what should be done has as much to do with a court of law/trial as a ink pen and a wet puppy. In this case, I really think this is one of those things that should be nailed down as being one way or the other. Though, its important that the test case be right and the parties properly represented by competent counsel. Once a precedent is set, it will be triple hard to get it removed later on.
Quote:
Originally Posted by NemesisEnforcer
If it's the case I'm thinking of, I believe AVN reported that the talent was also hired as an employee to do other things with the company.
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If you are both thinking of the same case, then the decision in this mentioned case that is to be decided in December would have nothing to with the hypothetical case we are talking about today, provided that the talent is not also being hired for other things. IIRC, the line between contractor and employee is drawn by some rather in-depth, fairly clear rules in the tax code. I cannot see how it would be hard to determine which side of the fence a given individual falls on.
And while we are on this topic, should point out that hiring talent to do office work (or whatever) is really not a good idea for this very reason. I can think on one hand of the reasons why someone might have done this, all of them ending at having something pretty to look at. Talent should be talent and thats it.