Essay Question #3:

Sublime Werks, Inc. (“Sublime”) is a digital media company that develops short-form video content for social media and streaming platforms. The company contracts with hundreds of creators who maintain their own social media identities while producing content under the Sublime brand.

In 2024, Sublime entered into a three-year exclusive “Creator Partnership Agreement” with Maya Brooks, a California-based political and lifestyle creator known online as “MayaMoves.” The agreement classified Maya as an independent contractor and provided her with a monthly stipend, production support, and a percentage of advertising and sponsorship revenue.

The agreement required Maya to: (1) produce no fewer than two videos per week; (2) attend weekly content meetings; (3) comply with Sublime branding guidelines; (4) obtain approval before entering sponsorship agreements; and (5) refrain from creating content for competing agencies or platforms.

Initially, Maya produced lifestyle and commentary videos. However, her audience grew substantially after she began posting short “street interview” videos discussing topics such as dating, gender roles, and workplace expectations among young adults. The videos generated significantly higher engagement and advertising revenue than her previous content.

At the same time, Sublime secured sponsorship agreements for Maya with two national brands. One sponsor emphasized messages of workplace equity and inclusion, while the other marketed products using more traditional family-oriented values. Sublime instructed Maya to continue producing politically and socially engaging content because of its strong performance, while also directing her to avoid viewpoints that might alienate either sponsor.

Maya alleges that Sublime routinely reviewed proposed content, suggested topics, requested edits, and discouraged certain viewpoints that could affect sponsor relationships. After several videos generated public criticism from both advocacy groups and commentators, Sublime suspended the content and instructed Maya to return to less controversial material that aligned with the Sublime’s brand standards.

Maya terminated the agreement and filed suit, alleging that she was improperly classified as an independent contractor and was, in fact, an employee. She argues that Sublime controlled her schedule, sponsorship opportunities, public image, and creative decisions. Sublime denies liability, arguing that creators retain substantial creative independence and that sponsor management and brand oversight are common features of talent representation.

Draft a memorandum addressing the following:

1. Analyze whether Maya should be classified as an employee or an independent contractor under applicable labor law tests.
2. Evaluate whether Sublime’s control over Maya’s content, sponsorship relationships, and public image supports employee status.
3. Discuss the implications that worker classification in the creator economy may have for digital media companies, talent agencies, and content creators.