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  • ADULT ENTERTAINMENT Feb 27, 2019
    Dynamex Test
    by Amanda Gullesserian

    International Entertainment Adult Union

    22647 Ventura Blvd #121

    Woodland Hills CA 91364

    www.ieauunion.com

    818-205-7800

    I.E.A.U. NEWSLETTER

    Helping to keep individuals up to date on the issues which workers in this industry face.

    THIS IS YOUR FUTURE SO TAKE THE TIME TO READ IF FULLY.

    There is a bill Called the AB 5, that has hit legislations and this bill, is one of the biggest bills in history, being backed by every labor and workers’ rights movement in America, and it is going to affect everyone in this industry, as well as every industry known to man, no matter what state you may live in.   Therefore, we thought it was important that everyone understands exactly what is happening.

    This bill is also called the Dynamex Test

    On April 30, the California Supreme Court issued a unanimous ruling that made it harder for companies to misclassify workers as independent contractors. 

    Some tech companies are fighting the legislature to suspend the ruling.

    Why is Dynamex important?

    Since the 1970s, entire industries were shifted from an employment model to an independent contractor model.

    Industries like trucking, courier, and construction were impacted, the results were lower wages and no more employee benefits or rights.

    Calling workers independent contractors not only meant no minimum wage or overtime, but it meant all the risk was shifted from a company to an individual.

    They were no longer entitled to a safe workplace or protection from sexual harassment or discrimination.  That worker no longer had access to unemployment when the job ends, no workers compensation if injured on the job, and no right to organize to improve conditions.

    It was at this time that all adult entertainers, such as dancers, became independent contractors and because they became independent contractors they no longer had any rights to fight to have any say what-so-ever.

    The conclusion became that workers were doing the same work as traditional employees but without any of the rights or protections afforded to other workers but no longer themselves.

    What does the Dynamex test exactly do?

    The test requires employers to prove that workers are properly classified as contractors by showing they are (1) free from employer control, (2) outside the regular scope of the business, and (3) independently established in that trade.

    Because this test is clearer and easier to enforce, it will give millions of misclassified workers the chance to become employees once again.

    This will mean fewer workers will be forced to rely on the safety net when they are sick, laid off, or hurt at work.

    Why is the corporate lobby fighting to suspend Dynamex?

    For decades, corporations have relied upon and profited from a business model of misclassificationThese companies are understandably reluctant to convert workers to employees and pay the same costs as all other employers. Many of the same companies have already been sued by their workers for misclassification that has cheated those workers out of pay.

    They ask to legislatively “suspend” the court decision is to protect the corporate bottom line.  These companies knowingly used a business model for decades simply because it allowed them to cut costs on the back of workers. Now, most of the benefit they derived will never go to the workers who earned it.

    What about industries that are not misclassifying and are using legitimate contractors?

    Dynamex won’t impact a company or industry if they use legitimate independent contractors. If they are concerned that it will, that can be easily addressed not by suspending the law but by clarifying who falls outside its scope. 

    This will be addressed through labor-management discussions in 2019.

    Why is it essential to preserve the ruling in Dynamex?

    Wage and hour statutes and wage orders were adopted in recognition of the fact that individual workers generally possess less bargaining power than a hiring business and that workers’ fundamental need to earn income for their families’ survival may lead them to accept work for substandard wages or working conditions. The basic objective of wage and hour legislation and wage orders is to ensure that such workers are provided at least the minimal wages and working conditions that are necessary to enable them to obtain a subsistence standard of living and to protect the workers’ health and welfare… resulting from substandard wages or unhealthy and unsafe working conditions.”

    What is the Dynamex really trying to do?

    To protect workers who lack bargaining power in an unfair economy, and give any individual that works in the United States the basic human working rights.

    What if I am making less money since the Dynamex passed?

    There is nowhere in the Dynamex test or in the HB 5 bill that stats that you must be paid less, that you must place your tips on your check, that you will have no more scheduling flexibility or other employee issues. All this bill does is state who is and who is not an employee. 

    However, companies are once again using the opportunity to take advantage of workers’ pay stating it is against the ruling of the Dynamex decision. Labor is now gathering together for discussions on what to do about this issue, and other issues which workers are facing because of the Dynamex decision.

    What about the taxes I now have to pay on the money that I make that I didn’t have to pay before?

    As history has shown things have to get worse before they get better because one side will always be greedy. To confront the issue of less pay because of taxes is another fight. But, as far as entertainers goes, the change of status at least gives us the option to fight.

    Things your boss should not be doing concerning your tipping and wages.

    There is no federal law that stats the companies must place your tips on your checks and that you are not paid daily.   

    So, what can we do now?

    Your best option is to organize and fight for the PAY and BENEFITS that you deserve.

    As a labor Union, we are suggesting the following actions:

    Now that we have been given the basic human working rights, we need to utilize the power that gives us.

    Therefore, we are asking you as A PERSON INVOLVED WITH THE ENTERTAINMENT INDUSTRY TO PLEASE CONTACT US DIRECTLY.

    And of Corse with every fight there is a price tag to go along with it. Please contribute to the fight for your rightful pay and for few unfair taxes in your future.

    All contributions will go directly towards the cost of this fight.  Every single penny.  So even if you can only donate 20.00 here 20.00 there, anything helps. We cannot fight this without help from you.

    We need to fix the issues from the core of the problem instead of the rich getting richer off the blue-collar industries behalf. We can figure this out and fight the real fight together!

    INVEST IN YOUR FUTURE !

    HELPING US = HELPING YOU

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