Bills

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

Version:

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.

Discussed in Hearing

Assembly Floor45SEC
Sep 7, 2023

Assembly Floor

Assembly Standing Committee on Labor and Employment7MIN
Mar 22, 2023

Assembly Standing Committee on Labor and Employment

View Older Hearings

News Coverage:

AB 235: Civil Rights Department: Labor Trafficking Unit. | Digital Democracy