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The case is Brooke Ashley and there is no confusion here. She was hired as talent. The person everyone is referring to is someone that was hired to do craft services and ended up reviewing the AIM tests. Ashley was talent and only talent on set that day for "The Worlds Biggest Anal GangBang."
As for the tax code, that applies to the IRS, not necessarily the Work Comp Bd or OSHA. I practiced in front of this board and this particular Judge. She is liberal. I also represented Warner Bros and Fox in cases involving claims made by stuntmen. Trust me the court has always determined that the stuntmen are indeed employees, not independent contractors.
If you shoot content in California, be prepared for adverse ruling in December. Im not saying its a lock, but I would be shocked if this Judge ruled that performers in adult films are IC when every other mainstream actor and stuntman is considered an employee.
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