Two major legal decisions in California have firmly established that booking fees charged by talent agencies in the adult industry, and by extension, across the entire entertainment sector, violate the state’s Talent Agencies Act (TAA) and are considered a breach of fiduciary duty.

The rulings stem from two high-profile cases: Nicole Doshi v. Motley Models and Jane Does 1–5 v. Derek Hay, both of which were argued before the California Labor Commission and civil courts. In both cases, judges determined that agency-imposed booking fees were unlawful and required repayment to affected performers.

Performer Nicole Doshi filed a complaint against Motley Models and its former owner, Dave Rock, alleging contractual violations and illegal booking fee practices. On April 30, 2024, the California Labor Commission ruled in her favor, ordering Rock and the agency to reimburse:

• $25,875 in commissions
• $10,850 in illegal booking fees
• $16,208 in attorney fees
• $261.24 in additional costs

The agency later withdrew its appeal, making the decision final. Doshi’s attorney, Allan Gelbard, said the ruling now serves as citable authority in future litigation. “Booking fees charged by agencies are illegal and a breach of fiduciary duty as a matter of law,” he said.

The Labor Commission’s ruling emphasized that allowing agents to use unapproved contracts “invites unregulated conduct” and undermines the TAA’s intent to protect artists.

In a separate civil case, five adult performers, initially anonymous as “Jane Does” but later revealed as Charlotte Cross, Sofi Ryan, Andi Rye, Hadley Viscara, and Shay Evans, successfully sued Derek Hay, the former owner of LA Direct Models, for similar violations.

The Los Angeles Superior Court awarded: $66,730.93 in disgorgement, including unlawfully collected booking fees, calculated from an initial amount of $39,488.49 plus accrued interest over seven years.

The court held Derek Hay personally liable for violating California labor codes and the TAA. A post-judgment hearing is scheduled for July, where Gelbard is seeking additional attorney’s fees,  potentially exceeding $500,000, a figure that Derek Hay’s attorney, Richard Freeman, has challenged as “aggressive.”

Despite ongoing disputes over legal fees, the judge affirmed that “booking fees charged by agencies to producers are illegal, as they rightfully belong to the performers.”

An agency booking fee is a separate charge by a talent agency for securing work for a performer, which California courts have ruled unlawful when it violates fiduciary duties or is not explicitly allowed under the Talent Agencies Act. These rulings confirm that such fees, unless properly disclosed and authorized, are a form of unlawful enrichment at the performer’s expense.

Together, these rulings clarify that talent agencies operating in California, whether in mainstream or adult entertainment, must comply with the Talent Agencies Act, including approval of contracts and disclosure requirements.

Booking fees, as we know them in the adult industry, are now formally recognized as unlawful.