BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 THIRD READING


          Bill No:  SB 1230
          Author:   DeSaulnier (D)
          Amended:  4/21/10
          Vote:     21

           
           SENATE LABOR & INDUSTRIAL RELATIONS COMM  :  4-2, 4/19/10
          AYES:  DeSaulnier, Ducheny, Leno, Yee
          NOES:  Wyland, Hollingsworth

           SENATE APPROPRIATIONS COMMITTEE  :  6-2, 5/10/10
          AYES:  Kehoe, Alquist, Leno, Price, Wolk, Yee
          NOES:  Cox, Wyland
          NO VOTE RECORDED:  Corbett, Denham, Walters


           SUBJECT  :    Employment:  posting requirements

           SOURCE  :     Author


           DIGEST  :    This bill requires employers to post information  
          related to slavery and human trafficking, including  
          information related to a non profit organization that  
          provides services in support of the elimination of slavery  
          and human trafficking.  This bill requires the Labor  
          Commissioner to determine in what languages the required  
          notice shall be printed and enforce its provisions.

           ANALYSIS  :    Under existing law, both state and federal,  
          employers must meet workplace posting obligations.  

          Existing state law requires California employers to post a  
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          variety of employment-related information for employees,  
          including information relating to the payment of wages,  
          hours and working conditions, workers' compensation, and  
          discrimination in employment.  Workplace postings are  
          usually available at no cost from the requiring agency.   
          Employers are required to conspicuously display the various  
          posters in an area frequented by employees where it may be  
          easily read during the workday.  Additional posting  
          requirements apply to some workplaces. 

          Existing law requires employers to provide specified  
          posters in various languages.  Failure to comply with  
          workplace posting requirements is a misdemeanor and may be  
          punishable by a fine, imprisonment, or both.  Each employer  
          is required to take necessary steps to insure that notices  
          are not altered, defaced or covered by other material.

          Existing state law makes human trafficking a crime and  
          allows a victim of human trafficking to bring a civil  
          action for actual damages, compensatory damages, punitive  
          damages, injunctive relief, any combination of those, or  
          any other appropriate relief.  Under the existing Victims  
          of Trafficking and Violence Protection Act of 2000, the  
          federal law acknowledges the crime of human trafficking,  
          and delineates various federal actions to combat  
          trafficking, punish perpetrators, and provides services to  
          victims of trafficking. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  5/11/10)

          Bilateral Safety Corridor Coalition 
          California Labor Federation, AFL-CIO 
          Coalition to Abolish Slavery and Trafficking 
          Orange County Human Trafficking Task Force
          Peace Officers Research Association of California
          Polaris Project


           ARGUMENTS IN SUPPORT  :    According to proponents, the  
          problem of human trafficking is a much larger and more  
          global issue than most people grasp.  According to the U.S.  







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          Department of Health and Human Services, after drug  
          trafficking, human trafficking is tied with the illegal  
          arms industry as the second largest criminal industry in  
          the world today, and it is the fastest growing.  Experience  
          in the field has demonstrated that one of the best tools to  
          combat human trafficking is raising public awareness of the  
          problem.  Proponents believe that this bill not only  
          provides an opportunity for many people to become aware of  
          the issue through employer signage, but provides a tool for  
          action by providing specific information about the  
          hotlines.  

          Proponents state that in this globalized economy, the race  
          to the bottom is visible as free trade policies have  
          allowed corporations to jump from country to country in  
          search of the cheapest labor and least regulation.   
          Products are produced throughout the globe using forced  
          labor, child labor, indentured servitude, and other abusive  
          conditions.  Even right here in California, they assert,  
          the underground economy thrives on wage theft, many  
          domestic workers are the victims of trafficking, and many  
          workplaces are sweatshops without the most basic worker  
          protections.  While the state of California cannot always  
          eradicate such labor conditions, it should provide  
          information to workers of their rights and protections  
          afforded them under the law in regard to human trafficking.  
           

          According to the author's office, while federal and state  
          law enforcement works to investigate the criminal networks  
          involved in human trafficking, local and state police and  
          community members, including neighbors, healthcare workers,  
          teachers, and shop keepers, among others, are most often in  
          the best position to recognize and report possible  
          instances of human trafficking.  The author believes human  
          trafficking hotlines currently available to assist victims  
          are the most centralized outlet to process and respond to  
          calls for help.  Proponents state that high visibility and  
          awareness of human trafficking hotlines gives workers the  
          resources they need to expose violations of the law, while  
          at the same time increasing the chances that potential  
          human trafficking will be reported, and that human  
          traffickers will be stopped.








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          PQ:nl  5/11/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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