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AB-2389 Adult performers: employment rights.(2019-2020)



Current Version: 02/27/20 - Amended Assembly         Compare Versions information image


SECTION 1.

 Chapter 6 (commencing with Section 1710) is added to Part 6 of Division 2 of the Labor Code, to read:

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 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.
1713.
 (a) (1) The Department of Industrial Relations shall, by January 1, 2022, develop, or contract for the development of, training for adult entertainers and performers.
(2) (A) The department shall convene an advisory group, consisting of 9 members with the following representatives appointed by the Governor to assist with recommendations for creating and disseminating the training curriculum:
(i) Two members with adult film experience.
(ii) Three members with dancing experience.
(iii) Two medical doctors.
(iv) One licensed therapist.
(v) One licensed money manager.
(B) Each member of the advisory committee shall receive a per diem of two hundred dollars ($200) for each day actually spent in the discharge of official duties, and shall be reimbursed for travel and other expenses necessarily incurred in the performance of official duties. The payments in each instance shall be made only from funds appropriated in the state budget to the Labor and Workforce Development Agency and shall be subject to the availability of money.
(b) The training shall be required for the issuance or renewal of the adult entertainer’s or performer’s license or permit.
(c)  Initial training for adult entertainers and performers shall be a minimum of two hours and 45 minutes. Subsequent training shall be completed every three years and shall be a minimum of 45 minutes.
(d) If the training is conducted on an internet website, the website shall contain an interactive feature in order to complete the training.
(e) The training curriculum shall include, but is not limited to, all of the following information:
(1) The rights and responsibilities of adult entertainers and performers as employees.
(2) Reporting workplace injuries, including physical and sexual abuse and sexual harassment.
(3) The risk of human trafficking and how to report suspected human trafficking.
(4) Resources for assistance, including any applicable hotline telephone numbers.
(5) The risk of sexually transmitted infection and how to avoid it.
(f) The requirements for this training shall apply to all licenses or renewals on or after July 1, 2022.
(g) The fee for the training shall be paid by the adult entertainer or performer and shall not exceed the reasonable cost of providing the training.
(h) The department shall issue a training completion certificate to the adult entertainer or performer upon completion of the training. If the training was conducted on an internet website, the website shall provide a means for the adult entertainer or performer to print out a training completion certificate.
1714.
 The division and local enforcement authorities shall have the power to enforce the requirement that adult entertainers and performers and employers, within their jurisdiction, comply with the requirements of this chapter.
SEC. 2.
 The Legislature finds and declares that the prevention of human trafficking in the adult entertainment industry is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 2 of this act adding Chapter 6 (commencing with Section 1710) to Part 6 of Division 2 of the Labor Code applies to all cities, including charter cities.
SEC. 3.
 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.