Sara Boyns, Workplace Law: Human trafficking awareness posting and training requirements

Question: As a new small business owner in the hospitality industry, I heard I might have to comply with training, reporting and posting requirements concerning human trafficking. Is this true? If so, what are my legal obligations?

Answer: In California specific businesses and establishments are required to post a notice in a conspicuous place near the public entrance of the business or in a location that is in clear view of the public and employees. The notice contains specific information concerning human trafficking and slavery.  Businesses that must post this notice, include but are not limited to, businesses that have an on-sale general public premises Alcoholic Beverage Control Act license, hotels, motels, bed and breakfast inns, emergency rooms, urgent care centers, farm labor contractors, airports, bus stations and truck stops. Last year California expanded the posting requirement and now hair, nail electrolysis, skin care and other related businesses are also required to post human trafficking and slavery notices.

If your business is subject to the posting requirement, you must post the notice in English, Spanish and one other language that is most widely spoken in the county where your business is located. The notice must contain the language in Civil Code section 52.6(b), it must be written in 16-point font, and it must be at least 8 ½ inches by 11 inches in size. For more information regarding human trafficking you can visit the State of California Department of Justice's website at https://oag.ca.gov/human-trafficking. You can download the required notice in English and Spanish and 21 other languages from the Department's website at https://oag.ca.gov/human-trafficking/model-notice.

In addition to the posting requirement, covered businesses must provide at least 20 minutes of classroom or interactive training to all employees who may interact with, or come into contact with, a victim of human trafficking, or who are likely to receive a report from an employee about suspected human trafficking. The training must occur every two years and new employees must be trained within six months of being hired or when an existing employee's position changes and the change results in the employee working in a new position that is likely to interact or come into contact with the public. For more information regarding training and resources you can visit the Department of Homeland Security's website at https://www.dhs.gov/blue-campaign.

As of Jan. 1 this year, hotel owners are now liable if they or their hotel supervisors knew of or “acted with reckless disregard” of sex trafficking activities at the hotel and failed to inform law enforcement, the National Human Trafficking Hotline, or a victim service organization within 24 hours of the sex trafficking activity.  Hotel owners are also liable if an employee of their hotel, while acting within the scope of their employment, knowingly benefited from participating in a venture that the employee knew was sex trafficking activity at the hotel or acted in regardless disregard of the activity.

It is important to determine if your business is covered by California's human trafficking posting, reporting, and training requirements because non-compliance subjects covered businesses to substantial civil penalties ranging from $500 to $10,000 depending on the offense and frequency of the offense.  If you are unsure if your business is covered, or if you need additional guidance regarding your legal obligations under California's human trafficking awareness laws, contact an employment law attorney.

Sara Boyns is a lawyer with Fenton & Keller in Monterey. This column is intended to answer questions of general interest and should not be construed as legal advice. Email queries to [email protected].