Bill Text: CA AB380 | 2023-2024 | Regular Session | Amended

California Assembly Bill 380

Bill Title: Division of Labor Standards Enforcement: Labor Trafficking Unit.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2023-09-01 - In committee: Held under submission. [AB380 Detail]

Download: California-2023-AB380-Amended.html

Amended IN Senate June 20, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 380

Introduced by Assembly Member Arambula
(Coauthor: Assembly Member Santiago)

February 02, 2023

An act to add Section 107.1 to the Labor Code, relating to employment.

LEGISLATIVE COUNSEL'S DIGEST

AB 380, as amended, Arambula. Division of Labor Standards Enforcement: Labor Trafficking Unit.

Existing law establishes within the Department of Industrial Relations the Division of Labor Standards Enforcement, headed by the Labor Commissioner, for the purposes of enforcing labor laws.

This bill would establish within the division the Labor Trafficking Unit, which would be required to coordinate with the Labor Enforcement Task Force, the Criminal Investigation Unit, the Department of Justice, and the Civil Rights Department to combat labor trafficking. The bill would require the unit to receive and investigate complaints alleging labor trafficking and take steps to prevent labor trafficking. The bill would require the unit to coordinate with or refer cases to the Labor Enforcement Task Force or the Civil Rights Department for potential civil actions, and to coordinate with or refer cases to the Department of Justice for potential criminal actions. The bill would require the unit to follow protocols to ensure survivors of labor trafficking are not victimized by the process of prosecuting traffickers and are informed of the services available to them. The bill would authorize the unit to coordinate with state and local agencies for specified purposes relating to the investigation and prosecution of labor trafficking. The bill would require the Division of Occupational Safety and Health to notify the unit when, upon investigating businesses under their purview, there is evidence of labor trafficking. The bill would require the unit, beginning January 1, 2026, until January 1, 2036, to annually submit a report to the Legislature with specified information relating to labor trafficking complaints, including the number, types, and outcomes of complaints.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 107.1 is added to the Labor Code, to read:

107.1.

(a) There is hereby established within the Division of Labor Standards Enforcement the Labor Trafficking Unit, which shall coordinate with the Labor Enforcement Task Force, the Criminal Investigation Unit, the Department of Justice, and the Civil Rights Department to combat labor trafficking.

(b) The unit shall receive and investigate complaints alleging labor trafficking and take steps to prevent labor trafficking.

(c) The unit shall coordinate with or refer cases to the Labor Enforcement Task Force or the Civil Rights Department for potential civil actions relating to labor trafficking violations.

(d) The unit shall coordinate with or refer cases to the Department of Justice for potential criminal actions relating to labor trafficking violations. The unit may also coordinate with local law enforcement agencies or district attorney’s offices when investigating criminal actions relating to labor trafficking.

(e) The unit shall follow protocols to ensure that survivors are not victimized by the process of prosecuting traffickers and are informed of the services available to them. The unit may coordinate with both state and local agencies to connect survivors with services available.

(f) The Division of Occupational Safety and Health shall notify the Labor Trafficking Unit when, upon investigating businesses under their purview, there is evidence of labor trafficking.

(g) (1) On or before January 1, 2026, and on or before January 1 every year thereafter, the unit shall submit a report to the Legislature that includes the following information pertaining to the prior calendar year:

(A) The number of complaints or referrals received.

(B) The number and type of complaints or referrals investigated.

(D) The number of complaints referred to the Department of Justice.

(E) The number of referrals and coordinations with local law enforcement agencies and district attorney’s offices.

(F) The outcome of each complaint.

(2) The unit shall also include in each annual report a discussion of the major challenges to addressing labor trafficking complaints, the ongoing efforts to address those challenges, and options to improve the state’s claim process.

(3) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.

(4) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2036.