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Golden State Today

Monday, September 16, 2024

California AG warns workers against labor trafficking ahead of Labor Day

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Attorney General Rob Bonta | Facebook Website

Attorney General Rob Bonta | Facebook Website

Ahead of Labor Day, Attorney General Rob Bonta issued a consumer alert warning California workers to be vigilant against labor trafficking, wage theft, and worker misclassification. Labor trafficking is defined as exploiting vulnerable individuals for labor through force, fraud, duress, or coercion.

"Labor trafficking is a crime that involves forcing or coercing people to perform labor or services. This Labor Day, and all days, I urge Californians — especially those in domestic service, and the agricultural, hospitality, and construction fields — to be aware of the signs of labor trafficking and speak up if you or someone you know is being exploited at work," said Attorney General Bonta. "Californians of all legal statuses must be treated with dignity on the job — California law generally prohibits law enforcement authorities from asking individuals, including those who are reporting or are victims of potential crimes, about their immigration status. As the People's Attorney, I am proud to use the full weight of my office to protect our most vulnerable workers from abuse and exploitation."

Labor trafficking involves depriving a worker’s liberty with the intention of obtaining forced labor. It can include recruitment, harboring, or transportation of people for labor services through force, fraud, duress, or coercion. Victims often receive little or no pay and may face tactics such as withholding legal documents or threats of deportation.

This form of exploitation can occur in various industries including domestic service, restaurant work, janitorial work, factory work, migrant agricultural work, the cannabis industry, and construction. One in five victims works in private homes where their trafficking often goes undetected.

Traffickers frequently share cultural origins with their victims and may exploit this familiarity to ensure compliance through cultural power dynamics. Victims are often isolated and taught not to trust anyone outside their traffickers.

Attorney General Bonta emphasized that California law prohibits law enforcement from asking individuals about their immigration status unless necessary for U visa (victim of crime visa) or T visa (victim of human trafficking visa) certification.

If someone is forced into any activity they cannot leave—whether it is commercial sex work or other forms such as domestic service—they can contact the National Human Trafficking Hotline at 1-888-373-7888 for assistance. Immediate dangers should be reported by calling 9-1-1.

For further help within California:

- The Department of Justice's Victims' Services Unit: Call 1-877-433-9069; visit oag.ca.gov/victimservices; email VictimServices@doj.ca.gov.

- National Human Trafficking Hotline: Visit https://humantraffickinghotline.org/ (Online Chat Available); Text 233-733 (Be Free); Call 1-888-373-7888.

- The Victims of Crime Resource Center: Visit https://1800victims.org/ (Online Chat Available); Text/call 1-800-842-8467; Email 1800VICTIMS@pacific.edu.

Additional resources for emergency food and shelter as well as legal services can be found on city or county websites. The California Victim Compensation Board offers help covering bills related to violent crimes.

Wage theft occurs when employers do not pay workers what they are owed. This includes underpayment below minimum wage levels and denying fundamental rights such as breaks and overtime pay. From 2014 to 2023, California workers lost an average of $2.3 to $4.6 billion due to unpaid minimum wages.

Common examples include:

- Being paid less than minimum wage per hour

- Not being allowed meal/rest breaks

- Withholding agreed-upon wages

- Unauthorized paycheck deductions

Workers experiencing wage theft can report it to law enforcement and file claims with the Labor Commissioner’s Office online.

Misclassification happens when employees are improperly labeled as independent contractors by employers seeking to avoid payroll taxes and other obligations like providing meal periods and rest breaks.

To report misclassification issues visit the Labor Commissioner’s Office online.

Attorney General Bonta remains committed to defending workers' rights through various sections within his office dedicated to enforcing laws protecting worker welfare in California.

In June 2022 Attorney General Bonta announced guilty verdicts against three members of the Gamos Family for human trafficking while operating Rainbow Bright—a residential care company targeting Filipino immigrants in Bay Area—and subsequent prison sentences were announced in February 2023.

For more information on labor trafficking visit here.

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