California Law Requires Certain Business Establishments to Post a Notice Regarding Human Trafficking and Slavery

by BakerHostetler
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California's Department of Justice recently posted a model notice on their website with a variety of human trafficking and slavery hotlines. Under California Civil Code §52.6, now that this model notice has been posted, certain designated types of business establishments are required to immediately post similar notices
(the Department of Justice's model notice).

Civil Code §52.6 applies to the following types of business establishments:

  1. "On-sale general public premises licensees," as defined in the Alcoholic Beverage Control Act;
  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 with general acute care hospitals;
  8. Urgent care centers;
  9. Farm labor contractors;
  10. Privately operated job recruitment centers;
  11. Roadside rest areas; and
  12. Certain businesses or establishments that offer massage or bodywork services for compensation.

If Civil Code §52.6 applies to any of your business establishments, you must post notices at those establishments with the following language:

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-FREEDOM 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, seven 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.

Civil Code §52.6 has additional requirements regarding the format and location of these notices:

  1. They must be posted in at least 8.5"x11" size;
  2. In 16-point font;
  3. In both English and Spanish;
  4. In addition to English and Spanish, no more than 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 (the U.S. Department of Justice maintains a list of Voting Rights Act mandated languages by state and county); and
  5. They must be posted in a conspicuous place near the public entrance of relevant establishments or in another conspicuous location where similar notices are customarily posted in clear view of the public and employees.

Certain government agencies may bring an action to impose a civil penalty for failure to comply with Civil Code §52.6 ($500 for first offenses and $1,000 for subsequent offenses) if a local or state agency has provided a non-complying establishment with notice of noncompliance and an opportunity to correct the noncompliance within 30 days.

Please contact any member of our Employment and Labor Group for assistance with compliance or with questions regarding how California Civil Code §52.6 may impact your business.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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