Victims of human trafficking can bring civil actions for damages, including punitive damages and other relief.1 Human trafficking is a felony.
The Civil Rights Department (CRD) has the authority to receive complaints from victims of human trafficking. The CRD can investigate, prosecute, mediate, conciliate and bring civil actions on behalf of these victims. Any damages awarded in a civil action go to the victim.
Some retail sellers and manufacturers doing business in California must post a link on their website to information about the company’s efforts to eradicate slavery and human trafficking from its direct supply chain.2
California law requires some businesses to post a human trafficking notice near the public entrance or another conspicuous location where the public and employees may view the notice.3 The notice provides hotline numbers for the public and victims of human trafficking to call or text to seek help or report unlawful activity, and contains information about organizations that provide services to eliminate slavery and human trafficking.
The California Office of the Attorney General (OAG) recently revised their model notice.
Businesses that are required to post this notice include:
The notice must be at least 8.5 x 11 inches in size, written in a 16-point font and must be in English, Spanish and one other language that is the most widely spoken language in the county where the business is located and for which translation is mandated by the federal Voting Rights Act. The OAG provides a list of counties in which a third language other than English and Spanish is the most widely spoken language and also provides additional translations of the model notice on this webpage .
Additional translations of the model notice and more information about the notice requirements can be found on the California Office of the Attorney General website.
Failure to comply with the notice posting may result in a civil penalty of $500 to $1,000 per offense.
Employers operating intercity passenger rails, light rails, and bus stations must provide employee training on human trafficking, including recognizing signs to look for and how to report suspected trafficking.
The training must include all of the following:
Failure of an employee to report human trafficking does not, by itself, result in liability for the employer or employee. An employer who fails to provide the required training can be liable for a civil penalty of $500 for a first offense and $1,000 for each subsequent offense.
If an employer fails to provide the required training, the CRD may issue an order requiring compliance. Failure of a hotel or motel employee to report human trafficking does not, by itself, result in liability for the employer or employee.
1. Civ.Code sec. 52.5
2. Civ. Code sec. 1714.43
3. Civ. Code sec. 52.6