As taxpayers around the country scramble to meet the April 15th tax deadline, a California labor and employment law deadline has already come and gone.
Governor Brown back in September of 2012 signed into law SB 1193 which adds section 52.6 to the Civil Code relating to human trafficking. SB 1193 requires specified businesses to post an 8.5″ x 11″ notice, on or before April 1, 2013, that contains information about organizations that provide services to eliminate slavery and human trafficking. The Department of Justice will develop a model notice that complies with the requirements of SB 1193 and make the model notice available. This notice will also be made available on HRCalifornia after the Department of Justice has created it.
Here is a summary of the Public Notice Requirements
The following is a summary of the requirements set forth by Senate Bill 1193. This summary is not a regulation as defined by the California Administrative Procedure Act (Gov. Code § 11340.5) and does not constitute an agency interpretation of Civil Code § 52.6.
1. Who Must Post a Public Notice
Civil Code § 52.6 mandates that the following businesses post the notice:
- On-sale general public premises licensees under the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000) of the Business and Professions Code).
- Adult or sexually oriented businesses, as defined in subdivision (a) of Section 318.5 of the Penal Code.
- Primary airports, as defined in Section 47102(16) of Title 49 of the United States Code.
- Intercity passenger rail or light rail stations.
- Bus stations.
- 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.
- Emergency rooms within general acute care hospitals.
- Urgent care centers.
- Farm labor contractors, as defined in subdivision (b) of Section 1682 of the Labor Code.
- Privately operated job recruitment centers.
- Roadside rest areas.
- Businesses or establishments that offer massage or bodywork services for compensation and are not described in paragraph (1) of subdivision (b) of Section 4612 of the Business and Professions Code.
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. Additionally, the public notice must state:
“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-FRE(EDOM) 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, 7 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.”
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.
5. The Attorney General’s Model Public Notice
The Attorney General of California has developed a “model notice” available for download on the California Department of Justice’s Internet website as of March 27, 2013. The model notice is available in English and Spanish. The Attorney General has also provided a list of counties in which a third language other than English and Spanish is the most widely spoken language.
6. 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.
If you have any questions on the Human Trafficking posting, please contact the California Attorney General’s Office, Victims’ Services Unit.