Forced Labor and Human Trafficking in the Workplace

boznos law office naperville il

FORCED LABOR AND HUMAN TRAFFICKING IN THE WORKPLACE

 

A new Illinois state law requires certain employers to post notices informing employees and other members of the public of a helpline to assist any person who is subject to human trafficking. This law, effective January 1, 2016, is entitled the “the Human Trafficking Resource Center Notice Act.”

The notice provides the phone number for the National Human Trafficking Resource Center as a helpline for any person “being forced to engage in any activity and cannot leave, whether it is commercial sex, housework, farm work, construction, factory, retail, or restaurant work, or any other activity ….”

Individuals and employers can download a copy of the notice here.

Although the notice is broadly applicable to individuals enduring forced labor in all industries, the requirement to post the notice is limited to the following Illinois businesses specifically enumerated in the law:

  • Businesses where the sale of alcohol is the principal business and that hold on-premise consumption retailer licenses under the Liquor Control Act of 1934;
  • Adult entertainment facilities;
  • Primary airports;
  • Intercity passenger rail or light rail stations;
  • Bus stations;
  • Truck stops;
  • Emergency rooms within general acute care hospitals;
  • Urgent care centers;
  • Farm labor contractors; and
  • Private job recruitment centers.

The notice recently became available for download on the Illinois Department of Human Services website. Covered businesses must post the notice in a conspicuous place near the public entrance of the establishment or in another conspicuous location in clear view of the public and employees where similar notices are customarily posted. The notices must be in both English and Spanish, and under certain circumstances, in a third language if that language is the most widely spoken in the county where the business is located.

The Illinois Department of Labor is charged with enforcing this law. Businesses that fail to properly post the notice are liable for a civil penalty of $500 for a first offense, and $1,000 for each subsequent offense.

This notice requirement is part of a broader effort by the Illinois State government to clamp down on forced labor. As an example, in November 2015, the Illinois Attorney General filed suit against certain employment agencies and Chinese restaurants for alleged “abusive and discriminatory treatment of Latino workers” by placing “vulnerable, immigrant workers in exploitative restaurant jobs across the country.” In particular, the suit alleged racial discrimination in violation of the Civil Rights Act of 1866 and the Illinois Human Rights Act, as well as violations of Illinois minimum wage, overtime, and “one day rest in seven” laws.

Thus, while Illinois employers that fall under the new posting law should be mindful of the posting requirements, all Illinois employers should expect increased government scrutiny for signs of forced or exploitative labor within their operations.

With over 30 years’ experience in advising employers and employees on workplace issues, such as overtime questions, let Boznos Law work with you to ensure you are ready to meet the challenges posed by the ever evolving employment law landscape. Call Bill Boznos today at (630) 375-1958 or contact us at www.boznoslawoffice.com/contact-us through our website at www.boznoslawoffice.com

 

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