The quick-and-dirty version:

• Doshi v. Motley Models and Jane Does v. Derek Hay both ruled that booking fees paid by producers belong to the performer, and pocketing them violates an agent’s fiduciary duty.
• Prior 2010 cases that allowed narrow booking-fee carve-outs have been officially disapproved. Agencies can no longer cite them in court cases.
• The statute of limitations is one year for disgorging fees, but contracts older than that can still be voided.
• Unlicensed “managers” who procure work face the same exposure; producers who pay illegal fees could be hit with unfair-competition claims.
• Expect a July hearing on attorney’s fees in the Hay case; further appeals look “an expensive fool’s errand,” attorney says.

We spoke via email with the plaintiff’s attorney in both cases, Allan B. Gelbard, to explain what this means for performers and the adult industry as a whole.

What just happened?

Two rulings in California—Doshi v. Motley Models and Jane Does v. Derek Hay—have changed the game for good.

In the Doshi case, the Labor Commissioner found that Nicole Doshi, like many performers, had her earnings siphoned off through unlawful booking fees. The decision didn’t just rule in her favor—it wiped out a decade of murky legal precedent that agencies have long relied upon to justify the practice of charging booking fees to producers when the models an agent represents are booked for a shoot. This fee is typically a flat amount per shoot, ranging from $100 to $200.

The Superior Court in the Hay case went even further, stating clearly that agents owe performers a fiduciary duty. If they profit off both sides of the deal—the performers and the producers—they’re violating that duty.

Who should be worried?

Agencies that were paid booking fees? They're now subject to claims for disgorgement (paying the money back), contract cancellation, and legal fees.

Unlicensed “managers” who arranged work? They’re in just as much trouble, especially if they don’t hold a California talent agency license.

Producers aren’t off the hook either. While they’re not governed by the Talent Agency Act, Gelbard warns PornCrush that they can still be sued under unfair competition laws for knowingly paying illegal fees.

And if you're a performer, you now have the power to fight back—and win.

What should performers do right now?

1. Collect your paperwork. Look at old emails, call sheets, and invoices. Did a producer pay your agent a “booking fee”? That money might be yours.
2. Don’t wait. You only have 12 months to file a claim for those fees. The clock starts from when the fee was taken.
3. Talk to a lawyer. Filing a claim with California’s Division of Labor Standards Enforcement (DLSE) can be powerful, but don’t go in blind. Gelbard recommends consulting with an attorney first.
4. Send an accounting demand. This is a formal request that can compel agents to hand over records, without you needing to sue.
5. Avoid trouble in the future. Stick with non-exclusive representation. Put “no booking fees” in writing. And keep clean records of all your shoots.

What’s next?

Derek Hay is reportedly considering an appeal—but Gelbard says it’s a waste of time and money.

“An appeal is unlikely to result in reversal,” he said. “It’s only beneficial to Hay’s lawyer.”

A hearing in July will determine how much Hay will have to pay in attorney’s fees. Meanwhile, collections in both Doshi’s and Hay’s cases have already started.

The bottom line:

If your agent or manager took a booking fee, especially without your knowledge, you may be entitled to get it all back. But the window is short, so it's critical to act promptly.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always speak to a qualified attorney before taking any action.