Comments on: Lylith Lavey Sues BangBros Over Syphilis Exposure https://mikesouth.com/legal/lylith-lavey-sues-bangbros-over-syphilis-exposure-9251/ The institute for the advance study of insensitivity and pornography Thu, 06 Jul 2023 09:51:30 +0000 hourly 1 https://wordpress.org/?v=6.7.2 By: Lacey Blake https://mikesouth.com/legal/lylith-lavey-sues-bangbros-over-syphilis-exposure-9251/#comment-18252 Mon, 17 Feb 2014 05:35:02 +0000 http://www.mikesouth.com/?p=9251#comment-18252 In reply to LurkingReader.

Oh, I understand all too well… you have no idea. Hurricane Andrew / Hurricane Katrina: same shit, different storm.

Oh yeah, don’t forget the BP Oil spill as well…. that was *really* fucking fun… :-/

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By: LurkingReader https://mikesouth.com/legal/lylith-lavey-sues-bangbros-over-syphilis-exposure-9251/#comment-18251 Mon, 17 Feb 2014 01:11:04 +0000 http://www.mikesouth.com/?p=9251#comment-18251 In reply to LurkingReader.

@Lacey

Gotta love clients who don’t care about write offs because they aren’t reporting anything to reduce 🙂

Florida doesn’t have state income taxes so when OSHA, WC and DOL clamped down in the mid 90’s no one expected the IRS to start opening new offices too. Hurricane Andrew became a lasting love/hate long after the debris was cleared up. Even companies used to compliance had a rough time with major insurance companies pulling out of the state and new building codes.

Even FEMA data was used intra-agency causing slick folks extra grief when they claimed actual losses. It was crazy seeing guys cry how unfair it was they not only had to re-pay FEMA because they couldn’t substantiate the claim but faced huge IRS, DOL, WC and OSHA penalties too.

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By: LurkingReader https://mikesouth.com/legal/lylith-lavey-sues-bangbros-over-syphilis-exposure-9251/#comment-18250 Mon, 17 Feb 2014 00:27:05 +0000 http://www.mikesouth.com/?p=9251#comment-18250 In reply to LurkingReader.

@Lacey

Ty as always 🙂

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By: Lacey Blake https://mikesouth.com/legal/lylith-lavey-sues-bangbros-over-syphilis-exposure-9251/#comment-18249 Sun, 16 Feb 2014 23:55:01 +0000 http://www.mikesouth.com/?p=9251#comment-18249 In reply to LurkingReader.

Also, the Nanula deal was technically illegal so add criminal charges in as well and it gets even more complicated. ..
I don’t know who came up with that brilliant fucking idea, but I’m sure it happens everyday.

Have camera.. will travel.

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By: Lacey Blake https://mikesouth.com/legal/lylith-lavey-sues-bangbros-over-syphilis-exposure-9251/#comment-18248 Sun, 16 Feb 2014 23:44:23 +0000 http://www.mikesouth.com/?p=9251#comment-18248 In reply to LurkingReader.

@Lurk-
Psst…. you forgot the IRS in there as well.

Hahaha. 😉
(I just had to…)

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By: LurkingReader https://mikesouth.com/legal/lylith-lavey-sues-bangbros-over-syphilis-exposure-9251/#comment-18246 Sun, 16 Feb 2014 23:30:09 +0000 http://www.mikesouth.com/?p=9251#comment-18246 In reply to LurkingReader.

@mharris

Another little tidbit…OSHA doesn’t care if employees are paid under or over the table, but they can and do share data with WC (Workers comp) and DOL (Department of Labor) who do care. Construction and farming have both gotten hit for not following OSHA with temp and migrant workers, then later got hit by WC and DOL.

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By: LurkingReader https://mikesouth.com/legal/lylith-lavey-sues-bangbros-over-syphilis-exposure-9251/#comment-18245 Sun, 16 Feb 2014 23:21:29 +0000 http://www.mikesouth.com/?p=9251#comment-18245 In reply to mharris127.

@mharris
Escorting could be traced to an accountable stakeholder using existing policies. Playing hardball with OSHA isn’t a smart thing to do. OSHA can even inspect private homes as a workplace.

At this moment if OSHA were to show up at a Nannula type event, it wouldn’t matter if the film were running or not, they can inspect it as a workplace just like a homeowner with domestic servants is a workplace, whether they live in or their agent sends them sporadically they are entitled to a safe work environment. FYI this is why reputable cleaning services specify that they provide cleaning chemicals and even bring their own vacuums, homeowners wouldn’t like OSHA checking out the cord on their vacuum for electrical hazards or fines because they provided a caustic cleaning agent without required gloves and safety training.

Now you got a really interesting scenario…OSHA is gonna hold the “stakeholder” (producer) accountable even if the producer never went near the workplace. Using Nannula type event as an example IIRC the booking agent had the client (Nannula) comply with 2257 and later posted the footage which made the client talent and director with the booking agent as producer. No film, no 2257 and the client is the employer.

The booking agent would claim the talent and director were IC; that they are a Temp Employment Agency who is entitled to a fee from both the temp worker and the hiring employer but exempt from OSHA. Anyone who has used a temp agency knows the contract includes fine print passing OSHA and labor law compliance onto them while paying for the convince of getting a vetted employee and payroll services.

See the can of worms? Right now I can name a few escort agencies in producer and Temp Employment Agency roles. Good news is that if Cal/OSHA does pass industry appropriate OPIM policy the door is open to legalized escorting as a domestic type service. Bad news is either the agent or booking client is the employer when it comes to OSHA, shooting down the theory of talent as IC except where the talent books themselves truly acting as an IC.

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By: mharris127 https://mikesouth.com/legal/lylith-lavey-sues-bangbros-over-syphilis-exposure-9251/#comment-18244 Sun, 16 Feb 2014 22:16:06 +0000 http://www.mikesouth.com/?p=9251#comment-18244 In reply to LurkingReader.

Lurking, who would you hold responsible for the OSHA violations to illegal prostitution whether it be Nanula’s version or some escort service? There is almost no chance of connecting the dots enough to assess the fine and OSHA usually doesn’t fine the employees. That is why I don’t consider it a part of the biz regarding OSHA. A magazine printing company can still be traced to a legal owner quite easily.

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By: LurkingReader https://mikesouth.com/legal/lylith-lavey-sues-bangbros-over-syphilis-exposure-9251/#comment-18243 Sun, 16 Feb 2014 20:39:57 +0000 http://www.mikesouth.com/?p=9251#comment-18243 In reply to LurkingReader.

@mharris
@mharris
If a printing company does newspapers on the books but does magazines off the books would they be exempt if OSHA showed up during the magazine run?
Ignoring Nannula or filmed privates is like saying the printing company gets to ignore wear and tear on equipment used for magazine runs.

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By: LurkingReader https://mikesouth.com/legal/lylith-lavey-sues-bangbros-over-syphilis-exposure-9251/#comment-18242 Sun, 16 Feb 2014 20:26:24 +0000 http://www.mikesouth.com/?p=9251#comment-18242 In reply to mharris127.

@mharris

Ignoring the reality of what the industry does because it is illegal doesn’t make it go away. If you look at why it is illegal…disease and human trafficking, it makes more sense to make it legal.

Freeman was decided 25 years ago. Where are the 25th anniversary celebrations? Where are the efforts to extend Freeman nationwide?

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