It’s Spring, when our thoughts turn to baseball, flowers, and … human trafficking.
Not to poke fun, as human trafficking is a horrible crime. It is estimated that there are nearly 20.9 million human trafficking victims worldwide at any time. This 20.9 million includes 14.2 million victims of labor exploitation, 4.5 million victims of sexual exploitation, and 2.2 million victims of state imposed forced labor. The victims of human trafficking are often young girls and women. Young girls and women are 55% of the forced labor victims and 98% of sex trafficking victims.
So, since our legislature cannot balance a budget, just when you thought it was safe to go back in the water, it decides you have to post a new notice as of April 1 (nope, not a joke). Here’s the scoop:
SB 1193 & Civil Code Section 52.6 – Posting of Public Notices Regarding Slavery and Human Trafficking
Human trafficking is often hidden in plain sight. Victims of human trafficking often do not know where to turn for assistance and can be too intimidated to ask for help. Senate Bill 1193 added Section 52.6 to the Civil Code. The law 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. I have attached the English and Spanish versions for you – if your company fits the profile, you must post both versions.
A. Who Must Post a Public Notice
Civil Code § 52.6 mandates that the following businesses post the notice:
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. 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.
4. Farm labor contractors, as defined in subdivision (b) of Section 1682 of the Labor Code (I believe that vineyards and wineries fit this description).
5. Privately operated job recruitment centers (I believe that temp and placement agencies fit this description)
6. Businesses or establishments that offer massage or bodywork services for compensation.
2. Where Must the Public Notice Be Posted
Civil Code § 52.6 requires that a specified business or other establishment must post the notice 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
Civil Code § 52.6 requires that the public notice to be posted must be at least 8.5 inches by 11 inches and written in size 16 font. Use the ones attached here as they were just put out last week by the DOJ.
4. What Languages the Public Notices Must Contain
The specified businesses and other establishments must post the notice 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.). For those counties where a language other than English or Spanish is the most widely spoken language, Civil Code § 52.6 does not require the public notice to be printed in the non-English and non-Spanish language. For a list of counties and required languages (as well as a link to the poster in those other languages), visit: http://oag.ca.gov/human-trafficking/sb1193/counties
For Santa Clara County, post in English, Spanish, Chinese, Vietnamese, and Tagalog (all attached)
For Monterey County, post in English and Spanish
For San Mateo County, post in English, Spanish, and Chinese
For LA County, posy in Hindi ( for Asian Indian ), Traditional Chinese, Simplified Chinese, Tagalog, Japanese, Korean,
Khmer (for Other Asian ), Thai ( for other Asian ), and Vietnamese (See the site listed above for the posters not
included here)
For San Diego County, post in English, Spanish, Chinese, Vietnamese, and Tagalog (all attached)
For Alameda County, post in English, Spanish, Chinese, Vietnamese, and Tagalog (all attached)
For Contra Costa County, post in English and Spanish
For Napa and Sonoma County, post in English and Spanish
5. Liability and Penalty for Failing to Post the Public Notice
Civil Code § 52.6(e) creates civil liability for a business or establishment that fails to comply with the posting requirement. The penalty for violating this law is $500 for a first offense and $1,000 for each subsequent offense. Neat, right?
If you have any questions on the Human Trafficking posting, please contact the California Attorney General’s Office, Victims’ Services Unit.
This Blog post is provided as an educational service by the Law and Mediation Offices of Jil Dalesandro for clients and friends of the firm. This post is an overview only, is not a solicitation, and should not be construed as legal advice or advice to take any specific action.
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.