AB 235: Civil Rights Department: Labor Trafficking Unit.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-02-21
Current Status:
Failed
(2024-02-01: From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
This bill creates a Labor Trafficking Unit inside the state Civil Rights Department to investigate and prevent labor trafficking and to support people who have been trafficked. The unit will investigate complaints, refer civil cases to labor enforcement and criminal cases to the Department of Justice or local prosecutors, and receive notices from the state's workplace safety agency when its inspections find trafficking. It must avoid re‑victimizing survivors, connect them with services and a list of pro bono victims'‑rights attorneys, and report annually to the Legislature on complaints, referrals, and outcomes.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law, the California Fair Employment and Housing Act, establishes in the Business, Consumer Services, and Housing Agency the Civil Rights Department, headed by the Director of Civil Rights, to protect and safeguard the right and opportunity of all persons to seek, obtain, and hold employment without discrimination or abridgment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decisionmaking, or military and veteran status.
This bill would establish within the department the Labor Trafficking Unit, which would be required to coordinate with the Labor Enforcement Task Force, the Criminal Investigation Unit, the Department of Justice, and the Division of Labor Standards Enforcement within the Department of Industrial Relations to combat labor trafficking. The bill would require the unit to receive and investigate complaints alleging labor trafficking and take steps to prevent labor trafficking. The bill would require the unit to coordinate with or refer cases to the Labor Enforcement Task Force or the department for potential civil actions, and to coordinate with or refer cases to the Department of Justice for potential criminal actions. The bill would require the unit to follow protocols to ensure survivors of labor trafficking are not victimized by the process of prosecuting traffickers and are informed of the services available to them. The bill would require the unit to coordinate with both state and local agencies to connect survivors with available services. The bill would require the unit to provide specified services to victims, including providing a list of pro bono victims rights attorneys to survivors. The bill would require the Division of Occupational Safety and Health within the Department of Industrial Relations to notify the unit when, upon investigating businesses under their purview, there is evidence of labor trafficking. The bill would require the unit, beginning January 1, 2025, until January 1, 2035, to annually submit a report to the Legislature with specified information relating to labor trafficking complaints, including the number, types, and outcomes of complaints.
Existing law creates the Division of Labor Standards Enforcement within the Department of Industrial Relations. The Division of Labor Standards Enforcement is headed by the Labor Commissioner to whom various powers are granted, including the right of free access to all places of labor. Any person who refuses admission to the Labor Commissioner or the commissioners deputy or agent is guilty of a misdemeanor.This bill would express the intent of the Legislature to enact legislation that would enhance the Labor Commissioners ability to enforce labor trafficking laws.Existing law creates the Division of Labor Standards Enforcement within the Department of Industrial Relations. The Division of Labor Standards Enforcement is headed by the Labor Commissioner to whom various powers are granted, including the right of free access to all places of labor. Any person who refuses admission to the Labor Commissioner or the commissioners deputy or agent is guilty of a misdemeanor.
This bill would express the intent of the Legislature to enact legislation that would enhance the Labor Commissioners ability to enforce labor trafficking laws.
(a)There is hereby established within the department the Labor Trafficking Unit, which shall coordinate with the Labor Enforcement Task Force, the Criminal Investigation Unit, the Department of Justice, and the Division of Labor Standards Enforcement within the Department of Industrial Relations to combat labor trafficking.
(b)The unit shall receive and investigate complaints alleging labor trafficking and take steps to prevent labor trafficking.
(c)The unit shall coordinate with or refer cases to the Labor Enforcement Task Force or the department for potential civil actions relating to labor trafficking violations.
(d)The unit shall coordinate with or refer cases to the Department of Justice for potential criminal actions relating to labor trafficking violations. The unit may also coordinate with local law enforcement agencies or district attorneys offices when investigating criminal actions relating to labor trafficking.
(e)The unit shall do all of the following:
(1)Follow protocols to ensure survivors are not victimized by the process of prosecuting traffickers.
(2)Coordinate with both state and local agencies to connect survivors with available services.
(3)Ensure that victims are informed of the services available to them.
(4)Make information on the legal rights of victims available to survivors.
(5)Provide a list of pro bono victims rights attorneys to survivors.
(f)The Division of Occupational Safety and Health within the Department of Industrial Relations shall notify the Labor Trafficking Unit when, upon investigating businesses under their purview, there is evidence of labor trafficking.
(g)(1)On or before January 1, 2025, and on or before January 1 every year thereafter, the unit shall submit a report to the Legislature that includes the following information pertaining to the prior calendar year:
(A)The number of complaints or referrals received.
(B)The number and type of complaints or referrals investigated.
(C)The number of complaints referred to the department.
(D)The number of complaints referred to the Department of Justice.
(E)The number of referrals and coordinations with local law enforcement agencies and district attorneys offices.
(F)The outcome of each complaint.
(2)The unit shall also include in each annual report a discussion of the major challenges to addressing labor trafficking complaints, the ongoing efforts to address those challenges, and options to improve the states claim process.
(3)A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795.
(4)The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2035.
(h)As used in this section, unit means the Labor Trafficking Unit established by subdivision (a).
SECTION 1.It is the intent of the Legislature to enact legislation that would enhance the Labor Commissioners ability to enforce labor trafficking laws. REVISIONS: HeadingLine 2.It is the intent of the Legislature to enact legislation that would enhance the Labor Commissioners ability to enforce labor trafficking laws.
|
Date
|
Status
|
|---|---|
| Feb 1, 2024 | From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. |
| Jan 31, 2024 | Died pursuant to Art. IV, Sec. 10(c) of the Constitution. |
| May 18, 2023 | In committee: Held under submission. |
| May 3, 2023 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 19, 2023 | Coauthors revised. |
| Apr 19, 2023 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (April 18). Re-referred to Com. on APPR. |
| Mar 22, 2023 | From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 7. Noes 0.) (March 22). Re-referred to Com. on PUB. S. |
| Mar 15, 2023 | Coauthors revised. |
| Feb 22, 2023 | Re-referred to Com. on L. & E. |
| Feb 21, 2023 | From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended. |
| Feb 17, 2023 | Referred to Coms. on L. & E. and PUB. S. |
| Jan 13, 2023 | From printer. May be heard in committee February 12. |
| Jan 12, 2023 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Apr 18, 2023 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Public Safety |
Passed |
|
| Mar 22, 2023 | Do pass and be re-referred to the Committee on [Public Safety] | Assembly Standing Committee on Labor and Employment |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Arcadia Police Officers' Association | ** Support | |
| Burbank Police Officers' Association | ** Support | |
| California Coalition of School Safety Professionals | ** Support | |
| Central Valley Justice Coalition | ** Support | |
| City of Long Beach Health and Human Services | ** Support | |
| CLAREMONT POLICE OFFICERS ASSOCIATION | ** Support | |
| Coalition to Abolish Slavery and Trafficking | ** Support | |
| Corona Police Officers Association | ** Support | |
| Crime Survivors Resource Center | ** Support | |
| Culver City Police Officers' Association | ** Support | |
| Deputy Sheriffs Association of Monterey County | ** Support | |
| Fullerton Police Officers' Association | ** Support | |
| Justice At Last | ** Support | |
| Little Hoover Commission | ** Support | |
| Long Beach Health & Human Services | ** Support | |
| los angeles school police officers association | ** Support | |
| Newport Beach Police Association | ** Support | |
| Opening Doors, Inc. | ** Support | |
| Palos Verdes Police Officers Association | ** Support | |
| PLACER COUNTY DEPUTY SHERIFFS ASSOCIATION | ** Support | |
| Pomona Police Officers' Association | ** Support | |
| Restoration Diversion Services | ** Support | |
| RIVERSIDE POLICE OFFICERS ASSOCIATION | ** Support | |
| Riverside Sheriffs' Association | ** Support | |
| Santa Ana Police Officers Association | ** Support | |
| SpeakSafe | ** Support | |
| Treasures | ** Support | |
| Unicorn | ** Support | |
| Unicorn Nation | ** Support | |
| Upland Police Officers Association | ** Support | |
| Verity | ** Support | |
| Verity, Compassion, Safety, Support | ** Support |
Date of Hearing: May 3, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
ABPCA Bill Id:AB 235
Author:(Blanca Rubio) – As Amended Ver:February 21, 2023
Policy Committee: | Labor and Employment | Vote: | 7 - 0 |
Public Safety | 8 - 0 | ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill establishes the Labor Trafficking Unit (LTU) within the Civil Rights Department (CRD).
Specifically, this bill:
- Requires the CRD to establish the LTU to coordinate with the Labor Enforcement Task Force (LETF), Criminal Investigation Unit, Department of Justice (DOJ), and Division of Labor Standards Enforcement (DLSE) to combat labor trafficking.
- Requires the LTU to receive and investigate complaints alleging labor trafficking. The LTU must coordinate with or refer cases to the LETF or CRD for potential civil actions, as well as DOJ for potential criminal actions, and may coordinate with local law enforcement agencies investigating criminal actions related to labor trafficking.
- Requires the LTU to follow specified protocols to support survivors and coordinate with state and local agencies to connect survivors with services.
- Requires the Division of Occupational Safety and Health (Cal/OSHA) to notify the LTU when Cal/OSHA identifies evidence of labor trafficking during an investigation.
- Requires, beginning January 1, 2025, the LTU to submit an annual report to the Legislature regarding labor trafficking complaints received and ongoing efforts to resolve the challenges of addressing complaints.
FISCAL EFFECT:
- Annual General Fund (GF) costs of approximately $4 million, beginning fiscal year 2024-25, to CRD for an additional 22 positions, including senior and junior attorneys to litigate civil actions and coordinate with other agencies, investigators, an experienced mediator, bilingual outreach workers, and administrative and information technology support staff. The cost estimate also includes $150,000 for operational expenses, such as expert consultants for civil actions, translation and interpretation services, the bilingual pay differential for certified bilingual employees, and travel expenses to visit worksites and other locations statewide to support human trafficking survivors.
- Minor and absorbable costs across the Department of Industrial Relations (DIR), which includes DLSE, LETF, and Cal/OSHA. Cal/OSHA will incur minor and absorbable costs to implement written procedures to identify labor trafficking and share evidence with the LTU. Additionally, minor and absorbable costs to DLSE and LETF to coordinate with the LTU. DIR notes LETF does not have the authority or capacity to pursue civil actions related to labor trafficking and would continue to refer any potential cases to the appropriate authority.
- Costs of approximately $1.6 million in fiscal year 2023-24 and costs of approximately $3.9 million annually thereafter to DOJ (GF). The Criminal Law Division’s Special Prosecutions Section currently receives five to 12 labor trafficking allegations per year from DIR and anticipates this number to increase upon establishment of the LTU, necessitating an additional 15 positions, including one supervising deputy, two deputy attorneys general, four investigators, and three legal secretaries.
COMMENTS:
- Purpose. According to the author:
Labor trafficking must be acknowledged this year. This is why I aim to establish efficient communication and enhanced enforcement for labor trafficking through the [LTU], while ensuring the survivors are not victimized by the process of prosecuting traffickers and are informed of the services available to them. California does not tolerate exploitation.
This bill is sponsored by the Coalition to Abolish Slavery and Trafficking and supported by other entities that support trafficking survivors, as well as law enforcement associations and the Little Hoover Commission (LHC).
- Background.
LHC Reports. In 2020, the LHC released three reports reviewing the state’s response to labor trafficking, noting that the state’s efforts thus far have focused mainly on sex trafficking. LHC found that, while several state agencies play a role in combatting human trafficking, there is no coordinated strategy to target the crime statewide – no state agency has a mandate to look for labor trafficking and existing agency efforts are siloed. LHC noted, while issues related to labor exploitation fall under DIR jurisdiction, DIR does not proactively look for labor trafficking cases, in part because DIR does not have the authority to investigate cases.
LETF. DIR primarily works to combat the underground economy through its LETF, additionally comprised of the Labor and Workforce Development Agency, Employment Development Department, Contractor’s State Licensing Board, Department of Insurance, State Board of Equalization, Bureau of Automotive Repair, and DOJ. LETF shares information and resources to ensure workers receive proper payment of wages and have safe working environments, while ensuring the state receives all employment taxes, fees, and penalties due from employers.
The LHC found LETF members have observed signs of potential trafficking during inspections or received labor trafficking complaints, referring nearly one dozen potential cases to DOJ for investigation. This bill augments existing LETF efforts by establishing the LTU, under the central authority of CRD, to receive and investigate labor trafficking complaints. This bill requires the LTU to refer criminal cases to DOJ for prosecution and civil cases to LETF or CRD for action, and it requires CalOSHA to notify the LTU when evidence of labor trafficking is discovered.
Competing Approaches. AB 1820 (Arambula), of the 2021-22 Legislative Session, was substantively similar to this bill, except AB 1820 would have established the LTU at DLSE. AB 1820 also would have authorized the LTU to coordinate with state and local agencies to connect survivors with available services, whereas this bill requires such coordination and requires the LTU to communicate additional resources available to survivors. AB 1820 was vetoed by Governor Newsom, who stated:
While I am strongly supportive of efforts to combat labor trafficking, the [CRD] is the appropriate state entity to take the lead in this effort per the amendments offered by my office. DLSE does not have authority to criminally or civilly prosecute these types of cases nor have the tools and resources necessary to assist labor trafficking survivors. [CRD] is already active in this space and could seamlessly expand its efforts to more aggressively combat labor trafficking provided it is given new resources in the budget.
This bill shifts the LTU to CRD, as suggested by the Governor. However, AB 380 (Arambula), of this legislative session, is virtually identical to AB 1820, keeping the LTU at DLSE. AB 380 is pending hearing in this committee.
Analysis Prepared by: Irene Ho / APPR. / (916) 319-2081
Date of Hearing: April 18, 2023
Consultant: Elizabeth Potter
ASSEMBLY COMMITTEE ON
Reginald Byron Jones-Sawyer, Sr., Chair
ABPCA Bill Id:
Author:() – As Ver:
SUMMARY:
Establishes the Labor Trafficking Unit (LTU) within the Civil Rights Department (CRD) and requires the LTU to coordinate with the Labor Enforcement Task Force (LETF), the Department of Justice (DOJ), and the Division of Labor Standards Enforcement (DLSE). Specifically, this bill:
- Establishes the LTU within the CRD and requires the LTU to coordinate with the LETF, the DOJ, and the DLSE to take steps to prevent labor trafficking, receive and investigate complaints alleging labor trafficking, and report specified data.
- Requires the LTU to receive and investigate complaints alleging labor trafficking and take steps to prevent labor trafficking.
- Requires the LTU to coordinate with, or refer cases to LETF or CRD for potential civil actions relating to labor trafficking violations.
- Requires the LTU to coordinate with, or refer cases to DOJ for potential criminal actions relating to labor trafficking violations.
- Permits the LTU to coordinate with local law enforcement agencies or district attorney’s offices when investigating criminal actions relating to labor trafficking.
- States that the LTU must do all of the following:
- Follow protocols to ensure survivors are not victimized by the process of prosecuting traffickers;
- Coordinating with both state and local agencies to connect survivors with available services;
- Ensuring that victims are informed of the services available to them;
- Making information on the legal rights of victims available to survivors; and,
- Providing a list of pro bono victim’s rights attorneys to survivors.
- Follow protocols to ensure survivors are not victimized by the process of prosecuting traffickers;
- Requires the Division of Occupational Safety and Health (Cal/OSHA) to notify the LTU when, upon investigating businesses under their purview, there is evidence of labor trafficking.
- Requires, on or before January 1, 2025, and annually thereafter, the LTU to submit a report to the Legislature, as specified, that contains the following:
- The number of complaints or referrals received;
- The number and type of complaints or referrals investigated;
- The number of complaints referred to CRD;
- The number of complaints referred to the DOJ;
- The number of referrals and coordinations with local law enforcement agencies and district attorney’s offices;
- The outcome of each complaint; and,
- A discussion of the major challenges to address labor trafficking complaints and the ongoing efforts to address those challenges.
- The number of complaints or referrals received;
- Sunsets the reporting requirement on January 1, 2035.
EXISTING LAW:
- Provides that any person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services is guilty of human trafficking and shall be punished in the state prison for 5, 8, or 12 years and a fine of not more than $500,000. (Pen. Code, § 236.1., subd. (a).)
- Provides that a victim of human trafficking may bring a civil action for damages, compensatory damages, punitive damages, injunctive relief, and combination thereof, or any other appropriate relief. (Civ. Code, § 52.5.)
- Provides that when the Attorney General deems it advisable or necessary in the public interest, or when directed to do so by the Governor, the Attorney General shall assist any district attorney in the discharge of the district attorney’s duties, and may, if deemed necessary, take full charge of any investigation or prosecution of violations of law of which the superior court has jurisdiction. In this respect, the Attorney General has all the powers of a district attorney. (Gov. Code, § 12550.)
- Authorizes the CRD to receive, investigate, conciliate, mediate, and prosecute complaints alleging, and to bring civil actions for, a violation of the crime of human trafficking, as specified. (Gov. Code, 12930, § subd. (f)(3).)
- Establishes the LETF under the direction of Department of Industrial Relations (DIR) to enforce activities regarding labor, tax, and licensing law violators operating in the underground economy. (Unemp. Ins. Code, §329.)
FISCAL EFFECT:
Unknown
COMMENTS:
- Author's Statement: According to the author, “Labor trafficking involves actions such as recruiting, harboring, transporting or providing a person for the purpose of providing labor or services through the use of force, fraud, or coercion. It happens all too often in California, specifically for foreign nationals who are in the U.S. without authorization, while others are lured to the U.S. with promises of legitimate work on valid visas. Labor trafficking must be acknowledged this year. This is why I aim to establish efficient communication and enhanced enforcement for labor trafficking through the Labor Trafficking Unit, while ensuring the survivors are not victimized by the process of prosecuting traffickers and are informed of the services available to them. California does not tolerate exploitation.”
- Labor Trafficking: According to the Attorney General’s Website: “Labor trafficking involves the recruitment, harboring, or transportation of a person for labor services, through the use of force, fraud, or coercion. It is modern day slavery. Labor trafficking arises in many situations, including domestic servitude, restaurant work, janitorial work, factory work, migrant agricultural work, and construction. It is often marked by unsanitary and overcrowded living and working conditions, nominal or no pay for work that is done, debt bondage, and document servitude. It occurs in homes and workplaces, and is often perpetrated by traffickers who are the same cultural origin and ethnicity as the victims, which allows the traffickers to use class hierarchy and cultural power to ensure the compliance of their victims. Labor traffickers often tell their victims that they will not be believed if they go to the authorities, that they will be deported from the United States, and that they have nowhere to run. Traffickers teach their victims to trust no one but the traffickers, so victims are often suspicious of genuine offers to help; they often expect that they will have to give something in return.” (What is Human Trafficking?, DOJ, available at: https://oag.ca.gov/human-trafficking/what-is. [As of March 29, 2023].)
- Little Hoover Commission Reports: In 2020 the Little Hoover Commission released three reports reviewing the state’s response to labor trafficking. The Commission noted that state efforts to combat human trafficking have focused mainly on sex trafficking. In the second report, Labor Trafficking: Strategies to Uncover this Hidden Crime, the Commission found that while several state agencies play a role in combatting human trafficking, there is no coordinated strategy to target the crime statewide. No state agency has a mandate to look for labor trafficking and government agencies are siloed. The Commission noted that while issues related to labor exploitation in California fall under the jurisdiction of the DIR, the agency does not proactively look for labor trafficking cases, in part because it does not have the authority to investigate labor trafficking cases. However, members of the Labor Enforcement Task Force – a multi-agency effort led by DIR to combat the underground economy – have observed signs of potential trafficking during inspections or received labor trafficking complaints and made nearly close to one dozen referrals of potential cases to the Department of Justice to investigate. (Labor Trafficking: Strategies to Uncover this Hidden Crime, Little Hoover Commission (Sept. 2020), at pp. 6-9. Available at: https://lhc.ca.gov/sites/lhc.ca.gov/files/Reports/251/Report251.pdf. [As of March 29, 2023].)
While the Little Hoover Commission recommends that the best place to establish a LTU would be within the DIR, this bill would establish the LTU within the CRD and requires the LTU to coordinate with the LETF, DOJ, and the DLSE. - Argument in Support: According to a list of supporters, including the Coalition to Abolish Slavery and Trafficking (CAST), “Despite high rates of human trafficking in our state, there is no specific California State entity that is responsible for responding to labor trafficking. Although certain State entities often respond to labor trafficking claims, oftentimes jurisdictional issues or lack of communication occurs between the various entities and survivors are not protected while they navigate the criminal legal system.
“Human traffickers purposefully prey on vulnerable communities such as immigrants, undocumented or formerly incarcerated individuals, low-income workers, and people of color. This bill will position the state to take a coordinated approach to the prevention and investigation of labor trafficking while working to protect these survivors from criminalization by informing them of their rights and connecting them to appropriate social and legal services. We, therefore, are pleased to support AB 235.” - Related Legislation:
- AB 380 (Arambula), is substantially similar to this bill. AB 380 would establish the LTU within DLSE and would require the LTU to coordinate with LETF, DOJ, and CRD to investigate and prosecute complaints alleging labor trafficking, and report specified data. AB 380 will be heard in this committee today.
- AB 1149 (Grayson), would establish, until July 1, 2026, the California Multidisciplinary Alliance to Stop Trafficking Act (California MAST) to review collaborative models between governmental and nongovernmental organizations for protecting victims and survivors of trafficking, among other related duties. AB 1149 bill is currently pending a hearing in the Assembly Committee on Appropriations.
- AB 380 (Arambula), is substantially similar to this bill. AB 380 would establish the LTU within DLSE and would require the LTU to coordinate with LETF, DOJ, and CRD to investigate and prosecute complaints alleging labor trafficking, and report specified data. AB 380 will be heard in this committee today.
- Prior Legislation:
- AB 1820 (Arambula), of the 2021-2022 Legislative Session, was nearly identical to AB 380 (Arambula) from this session. AB 1820 was vetoed by the Governor.
- AB 2553 (Grayson), of 2021-2022 Legislative Session, would have established the California Multidisciplinary Alliance to Stop Trafficking Act (California MAST) to examine collaborative models between governmental and nongovernmental organizations for protecting victims and survivors of trafficking. AB 2553 was held on the Senate Committee on Appropriations suspense file.
- AB 1684 (Stone), Chapter 63, Statutes of 2016, authorized the DEFH to receive, investigate, mediate, and prosecute civil complaints on behalf of a victim of human trafficking.
- AB 1820 (Arambula), of the 2021-2022 Legislative Session, was nearly identical to AB 380 (Arambula) from this session. AB 1820 was vetoed by the Governor.
REGISTERED SUPPORT / OPPOSITION:
Support
Arcadia Police Officers' Association
Burbank Police Officers' Association
California Coalition of School Safety Professionals
Central Valley Justice Coalition
City of Long Beach Health and Human Services
Claremont Police Officers Association
Coalition to Abolish Slavery and Trafficking (CAST)
Corona Police Officers Association
Crime Survivors Resource Center
Culver City Police Officers' Association
Deputy Sheriffs' Association of Monterey County
Fullerton Police Officers' Association
Justice At Last
Little Hoover Commission
Los Angeles School Police Officers Association
Newport Beach Police Association
Opening Doors, INC.
Palos Verdes Police Officers Association
Placer County Deputy Sheriffs' Association
Pomona Police Officers' Association
Restoration Diversion Services
Riverside Police Officers Association
Riverside Sheriffs' Association
Santa Ana Police Officers Association
Speaksafe
Treasures
Unicorn Nation
Upland Police Officers Association
Verity, Compassion, Safety, Support
Opposition
None on file.
Analysis Prepared by:
Date of Hearing: March 22, 2023
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
Ash Kalra, Chair
ABPCA Bill Id:AB 235 (
Author:Blanca Rubio) – As Amended Ver:February 21, 2023
SUBJECT: Civil Rights Department: Labor Trafficking Unit
SUMMARY: Establishes the Labor Trafficking Unit (LTU) within the Civil Rights Department (CRD) and requires the LTU to coordinate with the Labor Enforcement Task Force (LETF), the Department of Justice (DOJ), and the Division of Labor Standards Enforcement (DLSE) to take steps to prevent labor trafficking, receive and investigate complaints alleging labor trafficking, and report specified data. Specifically, this bill:
- Requires the LTU to coordinate with or refer cases to LETF or CRD for potential civil actions relating to labor trafficking violations.
- Requires the LTU to coordinate with or refer cases to DOJ for potential criminal actions relating to labor trafficking violations.
- Permits the LTU to coordinate with local law enforcement agencies or district attorney’s offices when investigating criminal actions relating to labor trafficking.
- Requires the LTU to follow protocols to ensure survivors are not victimized by the process of prosecuting traffickers by doing the following:
- Coordinating with both state and local agencies to connect survivors with available services.
- Ensuring that victims are informed of the services available to them.
- Making information on the legal rights of victims available to survivors.
- Providing a list of pro bono victim’s rights attorneys to survivors.
- Requires the Division of Occupational Safety and Health (Cal/OSHA) to notify the LTU when, upon investigating businesses under their purview, there is evidence of labor trafficking.
- Requires, on or before January 1, 2025, and annually thereafter, the LTU to submit a report to the Legislature, as specified, that contains the following:
- The number of complaints or referrals received.
- The number and type of complaints or referrals investigated.
- The number of complaints referred to CRD.
- The number of complaints referred to the DOJ.
- The number of referrals and coordinations with local law enforcement agencies and district attorney’s offices.
- The outcome of each complaint.
- A discussion of the major challenges to address labor trafficking complaints and the ongoing efforts to address those challenges.
- Sunsets the reporting requirement on January 1, 2035.
EXISTING LAW:
- Establishes DLSE under the direction of the Labor Commissioner (LC) and authorizes the LC to investigate employee complaints and enforce labor laws, as specified.
(Lab. Code, § 79 et seq.) - Establishes LETF under the direction of the Department of Industrial Relations (DIR) to combat the underground economy in order to ensure safe working conditions and proper payment of wages for workers; to create an environment in which legitimate businesses can thrive; and to support the collection of all California taxes, fees, and penalties due from employers. (Budget Act of 2012)
- Establishes the Joint Enforcement Strike Force (JESF) to combat the underground economy by combining resources and sharing information among the state agencies that enforce tax, labor, and licensing laws. (Unemp. Ins. Code, § 329.)
- Requires the DOJ to maintain, at a minimum, two multiagency Tax Recovery in the Underground Economy (TRUE) Criminal Enforcement Program investigative teams to combat underground economic activities through a multiagency collaboration and recover state revenue lost to the underground economy. (Gov. Code, § 15926.)
- Authorizes CRD to receive, investigate, conciliate, mediate, and prosecute complaints alleging, and to bring civil actions for a violation of the crime of human trafficking, as specified. (Gov. Code, § 12930 (f)(3).)
- Provides that a victim of human trafficking may bring a civil action for damages, compensatory damages, punitive damages, injunctive relief, and combination thereof, or any other appropriate relief. (Civ. Code, § 52.5.)
- Provides that any person who deprives or violates the personal liberty of another with the intent to effect or maintain specified felony prostitution-related offenses or obtain forced labor or services is guilty of human trafficking. (Pen. Code, § 236.1.)
FISCAL EFFECT: Unknown
COMMENTS: Note: This bill has been double-referred to the Assembly Public Safety Committee upon passage out of this Committee.
According to the author, “[Labor trafficking] happens all too often in California, specifically for foreign nationals who are in the U.S. without authorization, while others are lured to the U.S. with promises of legitimate work on valid visas. Labor trafficking must be acknowledged this year. This is why I aim to establish efficient communication and enhanced enforcement for labor trafficking through the Labor Trafficking Unit, while ensuring the survivors are not victimized by the process of prosecuting traffickers and are informed of the services available to them. California does not tolerate exploitation.”
In addition, the author points out that [this bill] will promote equity solutions and maximize benefits for underserved and marginalized communities by positioning “the state to take a coordinated approach to the prevention and investigation of labor trafficking while working to protect these survivors from criminalization by informing them of their rights and connecting them to appropriate social and legal services.”
Labor Trafficking
Labor trafficking involves an action such as recruiting, harboring, transporting or providing a person for the purpose of providing labor or services.[1] Unlike sex trafficking victims, labor trafficking victims are almost exclusively foreign nationals. Some are in the U.S. without authorization, while others are lured to the U.S. with promises of legitimate work on valid visas.[2]
Labor trafficking takes several forms, including debt bondage, involuntary servitude, domestic servitude, and forced child labor.[3] Victims may be held against their will, may not be allowed to leave the premises, or may be housed in a closed or remote location. They may be forced to work in poor conditions for little or no pay, in urban or rural settings, alongside or within legitimate businesses, behind locked doors or hidden in plain sight.[4] Specific data is not available to precisely determine the total fiscal impact of forced labor in California, but estimates of unpaid wages alone suggest the costs are significant. The International Labour Organization estimates approximately $19.6 billion in unpaid wages to people forced into labor globally.[5]
The Underground Economy
The underground economy is comprised of individuals and businesses that use various schemes to conceal their activities and evade their tax liabilities by avoiding licensing, regulatory, labor, and tax agencies. Businesses in the underground economy may deliberately fail to report work to appropriate government agencies, obtain proper permits, secure the appropriate insurance, provide sufficient safety and skills training to workers, or pay fees, taxes, or minimum wages. Other evasive practices include paying workers a lower wage than stated on payroll reports, misclassifying workers as independent contractors to avoid paying employee-level fees and taxes, and misreporting profits and material costs to avoid taxes.[6]
The UCLA Labor Center notes it is difficult to calculate the size of the underground economy because underground businesses are not participating in systems that would allow for data collection. The UCLA Labor Center acknowledges that the statistics on the extent of the informal economy are unreliable and vary widely. The data that does exist on the size of the underground economy is largely based on national estimates. The EDD, based on their analysis of Internal Revenue Service data, estimates California’s underground economy at $60 - $140 billion annually.[7]
California’s Response to Human Trafficking
A recent report by the Little Hoover Commission found that California’s response to human trafficking has primarily focused on combatting sex trafficking and that little authoritative data exists to explain where and how frequently labor trafficking occurs across California.[8] Public awareness often focuses on cases in which people are trafficked for purposes of sexual exploitation, however a significant but unknown number of victims are preyed upon not for sex, but so that others may benefit from their labor, whether in factories, fields, or family homes. In 2005, California made all forms of human trafficking a felony and established civil and criminal penalties for forced labor.[9] The state’s human trafficking laws are now defined in California Penal Code, Section 236.1. Prior to the enactment of these laws, prosecutors could apply other California statutes to human trafficking cases, such as laws against involuntary servitude, false imprisonment, or kidnapping, but no statute specifically prohibited trafficking.
Arguments in Support
The Coalition to Abolish Slavery and Trafficking (Cast), in support, states, “Despite high rates of human trafficking in our state, there is no specific California State entity that is responsible for responding to labor trafficking. Although certain State entities often respond to labor trafficking claims, oftentimes jurisdictional issues or lack of communication occurs between the various entities and survivors are not protected while they navigate the criminal legal system. Human traffickers purposefully prey on vulnerable communities such as immigrants, undocumented or formerly incarcerated individuals, low-income workers, and people of color. This bill will position the state to take a coordinated approach to the prevention and investigation of labor trafficking while working to protect these survivors from criminalization by informing them of their rights and connecting them to appropriate social and legal services.”
Committee Comments
The committee notes that this bill is substantially similar to Assembly Bill 380 (Arambula) that would also establish a Labor Trafficking Unit with an identical mandate to investigate complaints alleging labor trafficking and take steps to prevent labor trafficking by coordinating with relevant agencies. The one significant difference between this bill and AB 380 (Arambula) is that this bill establishes the Labor Trafficking Unit within CRD and AB 380 (Arambula) establishes the Labor Trafficking Unit within DLSE. Committee staff notes that establishing two labor trafficking units with substantially similar mandates and reporting requirements in two separate departments appears duplicative.
Related and Prior Legislation
AB 380 (Arambula) of 2023 is substantially similar to this bill and would establish the LTU within DLSE and would require the LTU to coordinate with LETF, DOJ, and CRD to investigate and prosecute complaints alleging labor trafficking, and report specified data. This bill is currently pending a hearing in this Committee.
AB 1149 (Grayson) of 2023 would establish, until July 1, 2026, the California Multidisciplinary Alliance to Stop Trafficking Act (California MAST) to review collaborative models between governmental and nongovernmental organizations for protecting victims and survivors of trafficking, among other related duties. This bill is currently pending a hearing in the Assembly Public Safety Committee.
AB 1820 (Arambula) of 2022 would have established the LTU within DLSE to coordinate with LETF, DOJ, and CRD to investigate and prosecute complaints alleging labor trafficking, and report specified data. This bill was vetoed by Governor Newsom.
AB 2553 (Grayson) of 2022 would have established the California Multidisciplinary Alliance to Stop Trafficking Act (California MAST) to examine collaborative models between governmental and nongovernmental organizations for protecting victims and survivors of trafficking. This bill was held under submission in the Senate Appropriations Committee.
AB 1296 (Gonzalez) Chapter 626, Statutes of 2019 established the Tax Recovery in the Underground Economy Criminal Enforcement Program (TRUE) in the Department of Justice (DOJ) to combat underground economic activities through a multiagency collaboration.
AB 2034 (Kalra) Chapter 812, Statutes of 2018 required businesses and establishments that operate in transportation or handle high volumes of traffic to train their employees in recognizing the signs of human trafficking and reporting suspected human trafficking.
SB 970 (Atkins) Chapter 842, Statutes of 2018 required that hotels and motels provide human trafficking education to employees who interact with the public.
AB 1684 (Stone) Chapter 63, Statutes of 2016 authorized the Department of Fair Employment and Housing to receive, investigate, conciliate, mediate, and prosecute complaints alleging, and bring civil actions for, a victim of human trafficking.
AB 1464 (Blumenfield, Budget) Chapter 21, Statutes of 2012 established the LETF within DIR.
AB 576 (V. Manuel Pérez) Chapter 614, Statutes of 2013 created the “Centralized Intelligence Partnership” pilot program consisting of specified agencies to collaborate in combating those engaged in the underground economy.
SB 1490 (Johnston) Chapter 1117, Statutes of 1994, codified the Joint Enforcement Strike Force on the Underground Economy under the EDD.
REGISTERED SUPPORT / OPPOSITION:
Support
1 Individual
Arcadia Police Officers' Association
Burbank Police Officers' Association
California Coalition of School Safety Professionals
Central Valley Justice Coalition
Claremont Police Officers Association
Coalition to Abolish Slavery & Trafficking (CAST)
Corona Police Officers Association
Crime Survivors Resource Center
Culver City Police Officers' Association
Deputy Sheriffs' Association of Monterey County
Fullerton Police Officers' Association
Justice At Last
Little Hoover Commission
Long Beach Health & Human Services
Los Angeles School Police Officers Association
Newport Beach Police Association
Opening Doors
Palos Verdes Police Officers Association
Placer County Deputy Sheriffs' Assocation
Pomona Police Officers' Association
Restoration Diversion Services
Riverside Police Officers Association
Riverside Sheriffs' Association
Santa Ana Police Officers Association
SpeakSafe
Treasures
Unicorn
Upland Police Officers Association
Verity
Opposition
None on file.
Analysis Prepared by: Martin Vindiola / L. & E. /
Little Hoover Commission. Human Trafficking: Coordinating a California Response, June 2020. ↑
Davis, Kristina. Horrors of labor trafficking remain hidden with spotlight on sex trafficking, The San Diego Tribune, December 2019. ↑
U.S. Department of Health & Human Services: Office on Trafficking in Persons. Fact Sheet: Labor Trafficking. ↑
Little Hoover Commission. Human Trafficking: Coordinating a California Response, June 2020. ↑
International Labour Office. The Cost of Coercion, 2009. ↑
UCLA Labor Center. California and the Underground Economy, April 2013. ↑
Ibid. ↑
Little Hoover Commission. Human Trafficking: Coordinating a California Response, June 2020. ↑
AB 22, Lieber, Chapter 240, Statutes of 2005. ↑
Discussed in Hearing
Assembly Floor
Assembly Standing Committee on Labor and Employment
Bill Author
Bill Co-Author(s):