Amended in Assembly April 13, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1942

Introduced by Assembly Member Cristina Garcia

February 12, 2016

An act to begin delete add Section 2810.7 to the Labor Code, relating to employment. end delete begin insert amend Section 52.6 of the Civil Code, relating to human trafficking. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1942, as amended, Cristina Garcia. begin delete Employment: human end delete begin insert Human end insert trafficking begin insert recognition and reporting: end insert training: hotels and motels.

Existing law begin delete establishes the Division of Labor Standards Enforcement in the Department of Industrial Relations for the enforcement of labor laws, and establishes certain obligations on an employer, including requiring an employer to post specified wage and hour information in a location where it can be viewed by employees. end delete begin insert requires certain business establishments to post a notice in a conspicuous place, as specified, regarding human trafficking. Existing law prescribes a civil penalty for a failure to comply with these requirements of $500 for a first offense and $1,000 for each subsequent offense. end insert Under existing law, any person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services is guilty of the crime of human trafficking.

This bill would require a hotel or motel that provides lodging services in the state to train begin delete its employees, end delete begin insert employees end insert who are likely to interact or come into contact with victims of human begin delete trafficking, end delete begin insert trafficking end insert in recognizing the signs of human trafficking and how to report those signs to the appropriate law enforcement agency, as specified. The bill would require that, by January 1, 2018, the training be incorporated into the initial training process for all new employees and that begin delete all existing end delete employees begin insert who do not receive an initial training also end insert receive the training. begin insert The bill would require the Department of Justice to, by July 1, 2017, develop guidelines for the training and to post them on its Internet Web site. The bill would define an offense in this context, with regard to the civil penalty provisions described above. end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 52.6 of the end insert begin insert Civil Code end insert begin insert is amended to read: end insert

52.6.  

(a) Each of the following businesses and other
establishments shall, upon the availability of the model notice
described in subdivision (d), post a notice that complies with the
requirements of this section in a conspicuous place near the public
entrance of the establishment or in another conspicuous location
in clear view of the public and employees where similar notices
are customarily posted:

(1) On-sale general public premises licensees under the
Alcoholic Beverage Control Act (Division 9 (commencing with
Section 23000) of the Business and Professions Code).

(2) Adult or sexually oriented businesses, as defined in
subdivision (a) of Section 318.5 of the Penal Code.

(3) Primary airports, as defined in Section 47102(16) of Title
49 of the United States Code.

(4) Intercity passenger rail or light rail stations.

(5) Bus stations.

(6) Truck stops. For purposes of this section, “truck stop” means
a privately owned and operated facility that provides food, fuel,
shower or other sanitary facilities, and lawful overnight truck
parking.

(7) Emergency rooms within general acute care hospitals.

(8) Urgent care centers.

(9) Farm labor contractors, as defined in subdivision (b) of
Section 1682 of the Labor Code.

(10) Privately operated job recruitment centers.

(11) Roadside rest areas.

(12) Businesses or establishments that offer massage or
bodywork services for compensation and are not described in
paragraph (1) of subdivision (b) of Section 4612 of the Business
and Professions Code.

(b) The notice to be posted pursuant to subdivision (a) shall be
at least eight and one-half inches by 11 inches in size, written in
a 16-point font, and shall state the following:

 

“If you or someone you know is being forced to engage in any activity and cannot leave--whether it is commercial sex, housework, farm work, construction, factory, retail, or restaurant work, or any other activity--call the National Human Trafficking Resource Center at 1-888-373-7888 or the California Coalition to Abolish Slavery and Trafficking (CAST) at 1-888-KEY-2-FRE(EDOM) or 1-888-539-2373 to access help and services.
Victims of slavery and human trafficking are protected under United States and California law.
The hotlines are:
	·	Available 24 hours a day, 7 days a week.
	·	Toll-free.
	·	Operated by nonprofit, nongovernmental organizations.
	·	Anonymous and confidential.
	·	Accessible in more than 160 languages.
	·	Able to provide help, referral to services, training, and general information.”

 

(c) The notice to be posted pursuant to subdivision (a) shall be
printed in English, Spanish, and in one other language that is the
most widely spoken language in the county where the establishment
is located and for which translation is mandated by the federal
Voting Rights Act (42 U.S.C. Sec. 1973 et seq.), as applicable.
This section does not require a business or other establishment in
a county where a language other than English or Spanish is the
most widely spoken language to print the notice in more than one
language in addition to English and Spanish.

(d) On or before April 1, 2013, the Department of Justice shall
develop a model notice that complies with the requirements of this
section and make the model notice available for download on the
department’s Internet Web site.

(e) A business or establishment that fails to comply with the
requirements of this section is liable for a civil penalty of five
hundred dollars ($500) for a first offense and one thousand dollars
($1,000) for each subsequent offense. A government entity
identified in Section 17204 of the Business and Professions Code
may bring an action to impose a civil penalty pursuant to this
subdivision against a business or establishment if a local or state
agency with authority to regulate that business or establishment
has satisfied both of the following:

(1) Provided the business or establishment with reasonable
notice of noncompliance, which informs the business or
establishment that it is subject to a civil penalty if it does not
correct the violation within 30 days from the date the notice is sent
to the business or establishment.

(2) Verified that the violation was not corrected within the
30-day period described in paragraph (1).

begin insert

(f) (1) A hotel or motel that provides lodging services in the
state shall train its employees who are likely to interact or come
into contact with victims of human trafficking in recognizing the
signs of human trafficking and how to report those signs to the
appropriate law enforcement agency. The training shall follow
the Department of Justice guidelines established pursuant to
paragraph (2).

end insert begin insert

(2) By July 1, 2017, the Department of Justice shall develop
guidelines for training employees to be used by a hotel or motel
described in paragraph (1) and shall post them on its Internet Web
site. The guidelines shall include, but are not limited to, all of the
following:

end insert begin insert

(A) An overview of human trafficking, including the experience
of its victims, how and why it takes place in the hospitality industry,
and how it is defined under state and federal law.

end insert begin insert

(B) How to identify signs of human trafficking.

end insert begin insert

(C) How to report signs and incidences of human trafficking.

end insert begin insert

(D) The risks human trafficking can pose to the hotel or motel.

end insert begin insert

(3) By January 1, 2018, the training required by paragraph (1):

end insert begin insert

(A) Shall be incorporated into the initial training process for
all new employees who are likely to interact or come into contact
with victims of human trafficking.

end insert begin insert

(B) Shall be given to all employees who did not receive an initial
training required by subparagraph (A) and who are likely to
interact or come into contact with victims of human trafficking.

end insert begin insert

(4) For the purposes of the training requirements of this
subdivision, “offense” means each incident identified in the notice
of noncompliance issued to an employer or business by a
government entity without reference to any particular number of
employees involved.

end insert

begin delete

SECTION 1.  

Section 2810.7 is added to the Labor Code, to
read:

2810.7.  

(a) A hotel or motel that provides lodging services in
the state shall train its employees, who are likely to interact or
come into contact with victims of human trafficking, in recognizing
the signs of human trafficking and how to report those signs to the
appropriate law enforcement agency.

(b) The training shall include, but not be limited to, all of the
following:

(1) An overview of human trafficking, including the experience
of its victims, how and why it takes place in the hospitality
industry, and how it is defined under state and federal law.

(2) How to identify signs of human trafficking.

(3) How to report signs and incidences of human trafficking.

(4) The risks human trafficking can pose to the hotel or motel.

(c) By January 1, 2018, the training required by this section
shall be incorporated into the initial training process for all new
employees who are likely to interact or come into contact with
victims of human trafficking.

(d) By January 1, 2018, the training required by this section
shall be given to all existing employees who are likely to interact
or come into contact with victims of human trafficking.

end delete