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July 13, 2018

Another Actress Files Complaint Against Derek Hay & LA Direct

LOS ANGELES—In the wake of the report last week that four adult actresses had filed a complaint with the state of California's Department of Labor Relations, alleging that veteran talent agent Derek Hay and his company, Direct Models, Inc., dba LA Direct Models, had failed to live up to the terms of his business relationship with them, AVN has learned that an additional complaint had been filed by actress Nadya Nabakova, alleging similar contract violations, and charging that he had violated various sections of the state Talent Agencies Act. According to the complaint, which was filed on January 17, 2018, and a hearing on which is currently scheduled for July 31, Nabakova states that she entered into a contract with LA Direct in early September of 2017, the terms of which were that the agency would get Nabakova work "as an artist, or otherwise, in the fields of motion pictures, legitimate stage, radio broadcasting, television and other fields of entertainment," for a 15 percent commission. Over the course of the last ten months, Nabakova has appeared in approximately 15 web scenes. However, Nabakova claims in her complaint that in November and December of 2017, LA Direct "failed to remit" certain earnings to her "within 30 days of receipt, as required by Labor Code §1700.25(a)," and that she is due, after commissions, $1,955 from the company. Nabakova also charges that LA Direct charged her a total of $150 for photos and videos that Nabakova had a friend shoot for her—another alleged violation of the state Labor Code. Somewhat cryptically, the complaint also charges that "Respondent [LA Direct] has sent Petitioner on jobs where her health, safety, and welfare have been compromised or jeopardized, in violation of Labor Code §1700.33," which states, "No talent agency shall send or cause to be sent, any artist to any place where the health, safety, or welfare of the artist could be adversely affected, the character of which place the talent agency could have ascertained upon reasonable inquiry." Finally, Nabakova claims that Hay "is closely associated with an escorting agency," and that he is in further violation of the Labor Code for allegedly "knowingly permitting any persons of bad character or prostitutes to frequent, or be employed in, the place of business of the talent agency." Because of the above-noted alleged violations, Nabakova attempted to terminate her representation agreement with LA Direct by written notice on December 18, 2017, but that Direct Models insisted, she said, that she "has no right to terminate the Agreement and refuses to acknowledge the Agreement's termination." Indeed, Nabakova's image still appears on the LA Direct Models website as "Talent." In her complaint, Nabakova is seeking the Labor Commissioner's approval to legally terminate her representation by LA Direct, and to have "an accounting of all monies received on Petitioner's behalf," as well as that "Respondent should be required to immediately pay to Petitioner all monies owed," with interest, as well as "reasonable attorneys' fees." AVN reached out to Derek Hay for comment on Nabakova's complaint, and he provided AVN with a statement that he insisted be run "in full, unedited and without redaction." However, because his response largely addresses a different story and also contains the real name of the actress who filed the complaint, AVN has declined to run it in full. In essence, Mr. Hay denies that Nabakova has grounds for termination of her contract with Direct Models and asserts that she is still under contract to him unless the Labor Commissioner rules otherwise.

 
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