California Adds New Human Trafficking Posting Requirements for Employers

Author: Marta Moakley, XpertHR Legal Editor

Effective January 1, 2013, certain California employers will have to conspicuously post a notice that contains information related to slavery and human trafficking. Failure to comply with the posting requirements may result in a $500 civil penalty for a first offense, and a $1000 penalty for each subsequent offense. +2011 Bill Text CA S.B. 1193.

Certain employers involved in the transportation and services sectors will be affected, such as hospitals, restaurants that sell alcoholic beverages, bus stations, airports and massage parlors.

The new law will require these businesses to post the notice in English, Spanish and, in cases where otherwise mandated by federal law, in an additional language that is the most widely spoken language in the particular establishment's county.

The poster will include information regarding victims' existing rights under law, including the ability to seek court remedies for damages.

Employers should note that although the new law is effective January 1, 2013, the notice may not be available prior to April 1, 2013. Therefore, businesses must continue to monitor regulatory developments and post the notice upon its availability.

California joins two other states, Tennessee and Virginia, in requiring this type of public notice.