California: New Laws Require Employee Training to Combat Human Trafficking

Governor Jerry Brown recently approved SB 970 and AB 2034, two new laws that require employers in different industries to provide employee education and resources designed to combat human trafficking.

Senate Bill 970 requires hotel and motel employers covered by the Fair Employment and Housing Act to provide at least 20 minutes of classroom or other interactive training to all employees who are likely to interact, or come into contact with, victims of human trafficking.  Examples of employees who are likely to interact with victims of human trafficking include receptionists, housekeepers, drivers, or other jobs whose duties involve interactions with the public.

The training must include specific information:

• The definition of human trafficking and commercial exploitation of children;
• How to identify individuals vulnerable to human trafficking;
• Difference between labor and sex trafficking specific to the hotel/motel sector; and
• How employees should report and respond to the issue, including contact information of appropriate agencies.

Covered workers employed as of July 1, 2019 must receive training by January 1, 2020; all workers hired after July 1, 2019 must receive training within six months of hiring.  After January 1, 2020, training must be completed once every two years.

Assembly Bill 2034 requires a wider scope of businesses and establishments to conspicuously post information notices regarding human trafficking, in addition to an employee-training component.  The bill includes specific details regarding the dimensions and language contained in the poster; alternatively, employers may use a model notice created by the California Department of Justice, which will be available for download by January 1, 2019.  A full list of industries covered by AB 2034 is covered in the bill, and includes establishments such as truck stops, urgent care centers, adult or sexually oriented businesses, primary airports, and the like.

Like SB 970, AB 2034 also imposes training requirements on businesses that operate an intercity passenger/light rail or bus station.  The training must be at least 20 minutes and must include specific topics that closely align with the senate bill requirements, with a few additional components, such as myths and misconceptions about human trafficking, or physical and mental signs to be aware of that may indicate that human trafficking is occurring.