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Certain Businesses Must Post Public Notices Regarding Rights of Victims of Human Trafficking

Posted in Labor Law, New Legislation and Regulations

By:   Duyen T. Nguyen

Civil Code §52.6 requires specified businesses and other establishments, as of April 1, 2013, to post a notice informing the public and victims of human trafficking of telephone hotline numbers to seek help or report unlawful activity. There are specific posting mandates, language requirements, and penalties for failure to post.

1.   Who Must Post a Public Notice

1. Restaurants that serve alcohol;
2. Adult or sexually oriented businesses;
3. Primary airports;
4. Intercity passenger rail or light rail stations;
5. Bus stations;
6. Truck stops;
7. Emergency rooms within general acute care hospitals
8. Urgent care centers.
9. Farm labor contractors;
10. Privately operated job recruitment centers;
11. Roadside rest areas;
12. Businesses or establishments that offer massage or bodywork services for compensation.

2.   Where Must the Public Notice Be Posted

The notice must be posted 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.

3.   What the Public Notice Must Say

The notice must be at least 8.5 inches by 11 inches and written in size 16 font. Additionally, the public notice must state:

"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."

4.   What Languages the Public Notices Must Contain

The notice must be in English, Spanish, and in one other language that is the most widely spoken language in the business or establishment’s location (and for which translation is mandated by the Voting Rights Act, 42 U.S.C. § 1973, et seq.).

5.   The Attorney General’s Model Public Notice

The Attorney General of California has developed a "model notice" available for download on the California Department of Justice’s Internet website as of March 27, 2013. The model notice is available in English and Spanish.

6.   Liability and Penalty for Failing to Post the Public Notice

The penalty for violating this law is $500 for a first offense and $1,000 for each subsequent offense.