Labor Trafficking: Strategies to Uncover this Hidden Crime

Labor Trafficking: Strategies to Uncover this Hidden Crime Report #251 | September 2020 Milton Marks Commission on California State Government Organization and Economy www.lhc.ca.gov LITTLE HOOVER COMMISSION Dedicated to Promoting Economy and Efficiency in California State Pedro Nava Government Chairman Sean Varner The Little Hoover Commission, formally known as the Milton Marks “Little Hoover” Commission on California State Government Vice Chairman Organization and Economy, is an independent state oversight agency. David Beier Dion Aroner* By statute, the Commission is a bipartisan board composed of five public members appointed by the governor, four public Cynthia Buiza† members appointed by the Legislature, two senators and two Bill Emmerson assemblymembers. Assemblymember Chad Mayes In creating the Commission in 1962, the Legislature declared its Senator Jim Nielsen purpose: Assemblymember Bill Quirk Senator Richard Roth ...to secure assistance for the Governor and itself in promoting economy, efficiency and improved services in the Cathy Schwamberger transaction of the public business in the various departments, Janna Sidley agencies and instrumentalities of the executive branch of †Served as subcommittee chair the state government, and in making the operation of all state departments, agencies and instrumentalities, and *Served on study subcommittee all expenditures of public funds, more directly responsive COMMISSION STAFF to the wishes of the people as expressed by their elected representatives... Ethan Rarick Executive Director The Commission fulfills this charge by listening to the public, Tamar Foster consulting with the experts and conferring with the wise. In the course of its investigations, the Commission typically empanels Deputy Executive Director advisory committees, conducts public hearings and visits government Krystal Beckham operations in action. Ashley Hurley Its conclusions are submitted to the Governor and the Legislature Rachel Mattioli for their consideration. Recommendations often take the form of Sherry McAlister legislation, which the Commission supports through the legislative Tristan Stein process. Contacting the Commission All correspondence should be addressed to the Commission Office: Little Hoover Commission 925 L Street, Suite 805, Sacramento, CA 95814 (916) 445-2125 | LittleHoover@lhc.ca.gov This report is available from the Commission’s website at www.lhc.ca.gov. Table of Contents EXECUTIVE SUMMARY ......................................................................3 INTRODUCTION .................................................................................5 OBSTACLES TO IDENTIFYING LABOR TRAFFICKING ....................6 Lack of Aggressive State Response ...............................................................6 Government Agencies Are Siloed ..................................................................7 Labor Exploitation and Labor Trafficking ..........................................8 Primary Focus on Sex Trafficking. .................................................................9 Many Cases Go Unreported ...........................................................................9 Prevention Through Supply Chain Transparency Law Lacks Enforcement. .................................................................................................10 CALIFORNIA CAN DO BETTER: STRATEGIES TO EFFECTIVELY DETECT LABOR TRAFFICKING .......................................................10 “Expanding the Eyes and Ears Network” ....................................................11 Create Labor Trafficking Training For First Identifiers .............................12 Create Labor Trafficking Reporting Protocols For First Identifiers .........13 Leverage Data to Systematically Detect Labor Trafficking......................13 Using Data to Detect Labor Trafficking: Lessons from the Field ..14 Extend Existing Statutory Protections........................................................15 Conduct Education and Outreach in High-Risk Communities .................16 The Advocates for Human Rights’ Labor Trafficking Self- Assessment Questions ........................................................................18 RECOMMENDATIONS ......................................................................19 NOTES ................................................................................................21 LABOR TRAFFICKING: STRATEGIES TO UNCOVER THIS HIDDEN CRIME | 1 Letter from the Chair September 1, 2020 The Honorable Gavin Newsom Governor of California The Honorable Toni Atkins The Honorable Shannon Grove Speaker pro Tempore of the Senate Senate Minority Leader and members of the Senate The Honorable Anthony Rendon The Honorable Marie Waldron Speaker of the Assembly Assembly Minority Leader and members of the Assembly DEAR GOVERNOR AND MEMBERS OF THE LEGISLATURE: Earlier this year the Little Hoover Commission initiated a review of the state’s role in combatting labor trafficking in California, a form of human trafficking which involves obtaining labor through the use of force, fraud, or coercion. The following report, the second in our series, reviews resources currently available to detect this crime and offers recommendations for improvement. Eradicating trafficking from our state must begin with effective detection – finding this crime wherever and whenever it occurs. Yet detecting labor trafficking can be particularly daunting, as few understand the nature of the crime and to the unsuspecting observer, the work itself may appear legitimate. In this report, the Commission finds many obstacles stand in the way of detecting this crime. For various reasons, few victims come forward to report the circumstances of their labor. State funding and resources to combat human trafficking largely focus on sex trafficking. Few training opportunities are available for those who may encounter labor trafficking to know how to identify it and share that information with appropriate agencies. And, most disturbingly, no state agency is mandated to look for labor trafficking. To effectively eradicate this crime in our state, California can no longer wait for victims to report their own exploitation. Instead, we must flip the script by proactively and strategically looking for traffickers and ensuring vulnerable workers know their rights. We examine strategies California should employ to more effectively use state resources – including personnel whose jobs regularly bring them into contact with workers in vulnerable industries – to ferret out this crime. We also consider options for expanding the ranks of those capable of looking, from public awareness campaigns that depict realistic labor trafficking scenarios, to training for employees in high-risk sectors and direct outreach to the most vulnerable workers. Over the next several months, we will continue to examine strategies to strengthen our response to instances of labor trafficking once identified. We intend to issue a final report later this year. The Commission respectfully submits this work and stands prepared to help you take on this challenge. Sincerely, Pedro Nava, Chair Little Hoover Commission 2 | LITTLE HOOVER COMMISSION Executive Summary Letter from the Chair California must act aggressively to stop labor trafficking are negligible for other state officials, trafficking, a horrific crime in which workers are including those most likely to encounter victims. exploited by force, fraud, or coercion so that others Government agencies are siloed. Law enforcement may benefit from their labor. agencies are often unfamiliar with the employment The Little Hoover Commission began studying the context of labor trafficking crimes. Issues related state’s response to labor trafficking last year. In the to labor exploitation in California fall under the spring of 2020 we issued our first report on this topic, jurisdiction of the Department of Industrial Relations, Human Trafficking: Coordinating a California Response, but that agency does not proactively look for labor which called for the creation of an Anti-Human trafficking cases, in part because it does not have the Trafficking Council to coordinate the state’s work in authority to investigate labor trafficking cases. this area. We reiterate that recommendation now. The primary focus is sex trafficking. The state’s This second report focuses on the state’s efforts to minimal funding of programs to combat human identify human trafficking cases, and recommends trafficking is largely focused on sex trafficking. That steps to improve California’s ability to do so. The critical work must continue unabated, but relatively Commission hopes that these recommendations few resources are devoted to the fight against labor can be implemented by a newly created Anti-Human trafficking. Trafficking Council. In the meantime, the Commission Many cases go unreported. Many victims may fear urges lawmakers to pursue the changes outlined in contacting authorities or think they are working this report as individual steps. for legitimate businesses, while many members of Obstacles to Identifying Labor the public lack the knowledge to recognize labor trafficking. Trafficking Prevention through supply chain transparency Before victims can be rescued or traffickers brought law lacks enforcement. State law requires certain to justice, authorities must locate labor trafficking. large businesses to publicly disclose information But doing so is often more difficult than identifying regarding efforts to eradicate trafficking from their human trafficking for purposes of sexual exploitation. supply chains. Advocates say the law could more This is because commercial sex is generally effectively deter trafficking with enforcement and understood as an inherently illegal activity. Labor accountability mechanisms. trafficking, on the other hand, may be hidden in plain sight. Workers might, for example, be forced California Can Do Better: or coerced into working in a private home, or in an Strategies to Detect Labor otherwise lawful business. Trafficking Other barriers also make it difficult to identify labor trafficking cases: Through training, public education, and other means, the state can improve its efforts against labor The lack of an aggressive state response. No state trafficking. agency has a mandate to look for labor trafficking. Law enforcement officers receive minimal training “Expanding the eyes and ears network.” Many in human trafficking, with the focus largely on sex types of government officials, such as regulators or trafficking. Training opportunities specific to labor code inspectors, have access to businesses. They Pedro Nava, Chair Little Hoover Commission LABOR TRAFFICKING: STRATEGIES TO UNCOVER THIS HIDDEN CRIME | 3 should be trained in how to spot the signs of labor outreach campaigns to increase awareness of human trafficking, and in what to do if they see something trafficking. that should be reported. One official referred to this 3. California should study the effectiveness of the as “expanding the eyes and ears network.” Transparency in Supply Chain Act and develop Training for first identifiers. California law recommendations for lawmakers to enhance enforcement officers and other government officials accountability through enforcement or other need better training about how to identify labor mechanisms. trafficking. The state should learn from similar 4. Lawmakers should update existing laws that materials by private organizations and other states. address human trafficking of commercially sexually Reporting protocols. California’s first responders exploited children to expand protections to children need tools to know what to do – and not do – if they who are exploited for other forms of labor. Any encounter labor trafficking victims. Victims have new programs to combat human trafficking should often suffered horrible trauma. equally address all forms of trafficking. Better use of data and technology. California should use both state and federal data and advanced analytical tools to search for anomalies that might suggest the presence of labor trafficking in certain businesses, industries or regions. Extend existing statutory protections. Existing efforts to combat child sex trafficking provide a strong foundation upon which to include provisions against all forms of child trafficking, including labor trafficking. Education and outreach in high-risk communities. The state must increase awareness of this crime through a campaign for the general public, training for workers in high-risk industries, and direct worker outreach. Good models exist in other states and among local governments in California. Recommendations The report concludes with four specific recommendations to implement these changes: 1. California should ensure that a broad range of public officials are capable of detecting labor trafficking and serving as first identifiers. 2. California should conduct public education and 4 | LITTLE HOOVER COMMISSION Introduction This is the second in a series of Commission reports fight and prevent all forms of this heinous crime. about combatting labor trafficking in California. To coordinate a strategic response to all forms of Human trafficking involves the use of force, fraud or trafficking, the Commission recommended creation coercion to deprive a victim of his or her liberty for of the California Anti-Human Trafficking Council the purpose of obtaining labor or sexual services. within the Governor’s Office. The Council would: Researchers typically divide human trafficking into ◊ Build and enhance collaboration among cases of sex trafficking or labor trafficking or both communities throughout the state and provide (cases in which the victim is forced to provide both statewide technical assistance and support for sex and non-sexual labor). California first introduced anti-trafficking activities. laws specifically banning human trafficking in all forms in 2005. ◊ Study and improve comprehensive services for victims and survivors of all forms of human Our first report, Human Trafficking: Coordinating a trafficking. California Response, described critical challenges ◊ Assist in the successful prosecution of human to understanding the prevalence of this crime. traffickers. We found that much research focuses on the As noted in Human Trafficking: Coordinating a circumstances under which sex trafficking occurs. By California Response, the fight against human contrast, there is a dearth of authoritative data about trafficking has largely focused on sexual exploitation, the extent of labor trafficking. Available data suggests particularly of minors. Going forward, the that labor trafficking occurs in communities across Commission encourages a balanced approach to our state and in a vast range of industries, though is combat all forms of this crime which will necessitate often found in domestic work, traveling sales crews, bringing acts of labor trafficking to light. peddling or begging rings, and agricultural work.1 Its victims may be men or women, young or old. To that purpose, in this report the Commission considers strategies to augment the state’s We highlighted resources our state government immediate response to labor trafficking. Going makes available to respond to this crime and forward, more will be needed to address the found that California, like many other states, is inequalities and policies that put people at risk of still developing a systemic and holistic response labor trafficking and to prevent this type of crime to human trafficking. But we also found in other from occurring in the first place.2 However, countless states models for engagement around all forms individuals are harmed by this crime today, their of human trafficking. Several states have formed traffickers left to operate without penalty or justice. organizations to centralize a statewide response In this report, the Commission will consider ways to to human trafficking. Though most use their address one of the greatest obstacles of rescuing coordinating efforts to focus primarily on curbing human trafficking victims: identifying them. This sexual exploitation, particularly of youth, some are report explores various challenges to identifying beginning to use this foundation as a catalyst to labor trafficking and discusses strategies to learn more about how to identify and combat labor overcome those obstacles – through expanding the trafficking as well. cadre of officials who are empowered to identify and assist trafficking victims, making better use of data, The Commission concluded there must be a hub to and engaging workers and the public as a first-line coordinate efforts, study prevalence, collect data, defense. The Commission’s subsequent work will increase public awareness, and share strategies to LABOR TRAFFICKING: STRATEGIES TO UNCOVER THIS HIDDEN CRIME | 5 address what must be done when labor trafficking is chains lack enforcement. found. LACK OF AGGRESSIVE STATE RESPONSE We hope that the changes suggested in this report can be accomplished by a newly created Anti- Fifteen years after California first enacted anti- Human Trafficking Council, as recommended in trafficking laws, no state agency has a mandate to our first report. Alternatively, should policymakers look for labor trafficking. decide not to create a Council immediately, we hope A variety of government officials could encounter these reforms will be pursued as individual steps. labor trafficking victims or traffickers in the course Either way, the Commission believes the changes of their day-to-day work, and some do. When recommended in this report are critical to identifying investigators find labor trafficking, they “trip across” the victims of an especially horrid crime. the evidence, rather than actively look for it, one Obstacles to Identifying Labor labor investigator told Commission staff. For example, investigators researching claims of wage Trafficking theft at a restaurant may notice mattresses on the floor of the business, indicating that some of the Unlike sex trafficking – where commercial sex is workers might live or sleep there. Child welfare easily recognizable and broadly understood as an officials who assist child victims of sexual exploitation inherently illegal activity – labor trafficking can be may not realize that some of the youth they already hidden behind a façade of legitimacy. It may be serve also have experienced labor trafficking.4 buried beneath multiple layers of subcontractors and may even occur alongside or within otherwise To effectively serve as first identifiers, state lawful businesses. For example, “a restaurant worker investigators and other employees who interact is unlikely to draw the attention of law enforcement,” with high-risk populations must be trained to Los Angeles City Attorney Anh Truong explained, “nor recognize the signs of labor trafficking and to is an ordinary citizen apt to report another person’s respond appropriately. Yet with few exceptions, most unsafe work conditions, or even be aware of payroll government officials have not received such training. discrepancies, living conditions within the business, or other indicia of trafficking.”3 “Fifteen years after California Successfully combatting labor trafficking begins first enacted anti-trafficking with finding the crime wherever it occurs – within households, in farm fields or restaurants, on a laws, no state agency has construction site, in a nursing care home. a mandate to look for labor But finding labor trafficking can be daunting. trafficking.” Many obstacles stand in the way: No one has responsibility to look for labor trafficking, state Police officers and public safety dispatchers currently funding and resources largely focus on combatting receive minimal human trafficking training, with sex trafficking, little to no training exists for those the focus largely on investigating sex trafficking who might encounter the crime, few suspected labor cases. Human trafficking is tangentially mentioned trafficking cases make their way to hotlines or tip in mandatory basic training for officers in the lines, and laws to deter trafficking in business supply context of prostitution and domestic violence and 6 | LITTLE HOOVER COMMISSION in an optional specialty 40-hour training course department’s agricultural outreach workers also on human trafficking, according to officials from received a four-hour training to identify and prevent the Commission on Peace Officer Standards sexual harassment and human trafficking, with an and Training.5 A two-hour online training course emphasis on sex trafficking.12 produced by the commission includes both The Department of Social Services provides regular commercial sex and forced labor in the definition training in how to identify human trafficking, but of human trafficking, but only touches on labor the content is not specific to labor trafficking.13 The trafficking in one case scenario that also includes a department’s annual Human Trafficking Awareness sexual component.6 However, a new 2-hour video Month training taught 180 department staff on how course on human trafficking released this summer to identify and support potential human trafficking includes a labor trafficking scenario on a construction victims and survivors, using the federal SOAR site where workers appear to live in a nearby (Stop, Observe, Ask, Respond) framework.14 The encampment. The material describes a variety of Immigrant Services Branch, which funds nonprofit potential labor trafficking venues and lists reasons organizations to provide legal services to immigrant why workers may be reluctant to interact with law communities, provides training for legal practitioners enforcement.7 The California Specialized Training to represent T Visa applicants (T Visas provide Institute, operated through the Governor’s Office of immigration protection to victims of trafficking). Emergency Services, also offers a human trafficking The Refugee Programs Bureau conducts human training program to law enforcement, emergency trafficking trainings for county welfare departments responders, and victim service providers.8 that administer benefit programs for non-citizen Training opportunities specific to labor trafficking human trafficking survivors. Most significantly, the are negligible for other state officials, including those department’s child welfare program has partnered most likely to encounter victims. The Department of with the Child and Family Policy Institute of Industrial Relations partnered with the Department California to head a federally funded pilot project, of Justice in 2018 to provide a training session Preventing and Addressing Trafficking, to address on human trafficking to staff involved with multi- labor trafficking within the child welfare system. jurisdictional investigations and intends to schedule a The project deliverables include development of similar training this year.9 a child labor trafficking brief and toolkit which will summarize data and research on child labor Neither sworn investigators working with the trafficking, describe experiences to address child Franchise Tax Board nor the Employment labor trafficking in participating counties, and provide Development Department receive specific training recommendations to more fully address child labor on human trafficking though both groups investigate trafficking. the types of financial crimes that could be inherent in a labor trafficking case.10 However, last year, GOVERNMENT AGENCIES ARE SILOED the Employment Development Department issued Labor trafficking crimes are complex and include policy guidelines for Local Workforce Development elements of force, fraud, or coercion, but also may Areas on services and referrals to victims of human include lesser violations that could be characterized trafficking. The directive includes guidelines on how as labor exploitation, such as receiving less pay than to recognize the characteristics of trafficking victims promised or working in a hazardous environment. and a referral to the national human trafficking While both involve employers who profit from the hotline.11 To comply with federal requirements, the LABOR TRAFFICKING: STRATEGIES TO UNCOVER THIS HIDDEN CRIME | 7 illegal treatment of their workers, labor trafficking Labor Exploitation and occurs when employers exert a level of control over the workers that leaves them trapped in the Labor Trafficking situation.16 Law enforcement agencies typically are responsible for addressing the criminal aspects of Labor trafficking is an often-misunderstood these crimes, while labor agencies typically have crime, at times conflated with labor exploitation. responsibility to address the civil elements related to Both occur on a spectrum of abuse and involve labor exploitation.17 employers who profit from the illegal treatment of their workers. However, labor trafficking This report addresses ways in which the state should happens when employers exert a level of combat labor trafficking, rather than all forms of control over the workers through force, fraud, labor law violations. However, to find and prosecute or coercion that leaves them trapped in the labor trafficking, authorities often need to be familiar situation. Labor trafficking victims frequently with the underlying elements of labor exploitation. experience multiple forms of exploitation and Yet law enforcement agencies are largely unfamiliar labor traffickers often operate in industries with with the employment context of labor trafficking high rates of labor exploitation.15 crimes. Jean Bruggeman of Freedom Network USA told Commissioners that law enforcement LABOR EXPLOITATION officials generally “do not have the experience and connections developed from working on related employment violations or immigration violations that occur within workplaces” nor are they “conversant with the evidence of workplace abuse such as payroll records, personnel records, and injury and incident reporting forms.” This lack of training may make it easy for them to dismiss labor trafficking as an employment problem. Some experts even suggest law enforcement is incentivized to focus anti-trafficking work on sex trafficking cases because the cases are easier to detect, the penalties are more severe than those for labor trafficking,18 and investigations are less time consuming and complex. Local law enforcement agencies tend to run anti-trafficking efforts through vice units, which are more familiar with the commercial sex industry. Officers generally are not trained to respond to labor trafficking or conduct investigations that might be inherent in a labor trafficking case, such as an analysis of an employer’s business records or financial transactions. “The end result is limited funding, less training, less LABOR TRAFFICKING experience, and lower overall prioritization,” Truong explained.19 8 | LITTLE HOOVER COMMISSION Issues related to labor exploitation in California million annually in federal funds to local victim fall under the jurisdiction of the Department of witness assistance programs in 11 counties).21 Industrial Relations, which administers and enforces ◊ The 2019-20 State Budget included $4.2 million laws governing wages, hours and breaks, overtime, for the Department of Justice to establish two retaliation, workplace safety and health, and medical specialized Human Trafficking Task Forces focused care and other benefits for injured workers. on apprehending sex trafficking criminals and set ongoing funding at $3.4 million annually.22 Officials with the department testified that its investigators “often interact with workers who could ◊ The state’s financial commitment to the Department of Social Services for child victims of be potential victims of labor trafficking” and have sex trafficking has increased over the years, from observed “there is a direct nexus between wage theft $5 million in 2014 to an ongoing $14 million in and labor trafficking.” However, the department 2015-16 and $19 million in 2016-17.23 “does not proactively look for labor trafficking cases because [it] does not have authority to investigate MANY CASES GO UNREPORTED or prosecute these cases.” Yet, since 2018, members of the Labor Enforcement Task Force – a multi- Victims of labor trafficking often do not report their agency effort led by the department to combat the situation to someone who can help. Undocumented underground economy – have observed signs of workers or those whose documents have expired potential trafficking during onsite inspections or may be distressed about coming forward for fear of received labor trafficking complaints and made 11 deportation. Some workers may fear their traffickers referrals of potential cases to the Department of will harm their families back home if they try to Justice to investigate.20 escape their situation. Still others may think they are working for a legitimate business doing legitimate PRIMARY FOCUS ON SEX TRAFFICKING work and not understand their rights and protections under U.S. and California law. Some may face State funding is critical to combat human language and cultural barriers that make it difficult trafficking and protect victims, yet investment in to access services or communicate their situation to labor trafficking-specific programs and services is authorities.24 significantly lacking. California currently funds a patchwork of programs to combat human trafficking, Experts suggest reporting from members of the though these limited resources overwhelmingly public is not common because many people lack the target sex trafficking. ability to recognize labor trafficking crimes. People who witness a victim’s exploitation may not be ◊ The state allocates $10 million annually to the aware that what they saw was labor trafficking. This California Governor’s Office of Emergency Services low level of public awareness means that potential for the Human Trafficking Victim Assistance tips are not being reported to law enforcement to Program, which annually funds 21 community- investigate.25 based organizations across the state to help both sex and labor trafficking victims. The majority of This under-reporting may be one reason why data individuals who receive help through this program from human trafficking hotlines and victim service are survivors of sex trafficking. (This office also providers suggests that labor trafficking is less administers the Human Trafficking Advocacy common than sex trafficking. These statistics may Program which provides approximately $1.6 obscure the extent of labor trafficking, experts say. LABOR TRAFFICKING: STRATEGIES TO UNCOVER THIS HIDDEN CRIME | 9 PREVENTION THROUGH SUPPLY progress in detecting and halting sex traffickers, CHAIN TRANSPARENCY LAW LACKS particularly those who prey upon minors. It is time ENFORCEMENT now to build on that foundation and bring similar awareness to other, equally egregious crimes that California set a national precedent when in 2010 target vulnerable workers across the state. lawmakers enacted innovative legislation to increase transparency for consumers about employers that Labor trafficking too often remains hidden in plain use forced labor in their supply chains. Designed sight. Effectively combatting this crime will require a to empower consumers when making purchasing new approach that does not rely on vulnerable, and often fearful, workers coming forward to report their decisions, the Transparency in Supply Chains Act abuses. Rather, California must raise awareness of requires large retailers and manufacturers to publicly this crime so that officials can recognize trafficking disclose certain information regarding efforts to and know what to do in response. Training must be eradicate slavery and human trafficking from their improved. Data and technology can direct resources direct supply chains.26 to areas where attention is most needed. The general A decade, later, however experts told the public, and especially workers in high-risk industries Commission the law as first envisioned was and jobs, can help to recognize the signs of trafficking flawed. It is not applied universally; it requires self- and report suspicious activity. Together, we can bring certification from certain, but not all, businesses. It victims out of the shadows and their traffickers to lacks an enforcement mechanism, such as requiring justice. companies to undergo audits and be certified as compliant. It does not specify which, if any, “Labor trafficking too often government agencies should be responsible for remains hidden in plain sight. ... enforcing regulations. Nor does it require businesses take specific action to prevent human trafficking California must raise awareness in their supply chains or to address any instances of this crime so that officials can revealed through disclosures. recognize trafficking and know Victim advocates say California’s law could serve what to do in response.” as a stronger deterrent for labor trafficking and could help identify hot spots if it included principles promoted by the United Nations: accountability This approach will require the state to break down measures to track violations, requirements for traditional silos to operate in cross-agency, cross- businesses to act on findings of violations, and jurisdiction partnerships that tap resources across mechanisms to follow-up to ensure violations are all levels of government. The Commission reiterates addressed.27 its recommendation to create a multi-agency, multi-jurisdictional Anti-Human Trafficking Council, California Can Do Better: described in its June 2020 report, Human Trafficking: Strategies to Effectively Coordinating a California Response. Consisting of Detect Labor Trafficking representatives from law enforcement, health and human services, labor, academia, victim service In the years since California criminalized all forms providers, advocates, and victims themselves, this of human trafficking, the state has made important council would have the expertise necessary to 10 | LITTLE HOOVER COMMISSION address the complexities inherent in labor trafficking Trafficking Labor Task Force conducts similar crimes and inform and oversee specific strategies to education and outreach about worker exploitation identify cases and protect victims. and labor trafficking to communities and workers, including those in jobs where intersection with a However, whether or not policymakers choose trafficked person would be likely. District Attorney to create the Council, California must establish Nancy O’Malley told Commissioners the task accountability mechanisms and strategies to better force has worked with hospital workers, social identify labor trafficking, so that victims may be service workers, transit workers, as well as code rescued and traffickers may be targeted aggressively enforcement officers, animal control officers, and and with purpose. The Commission offers the environmental health inspectors. “All of whom have following strategies to begin: access to places law enforcement may not,” she noted.28 “EXPANDING THE EYES AND EARS NETWORK” California should replicate this model and expand its network of eyes and ears among government While law enforcement is limited in when and how officials. Many state and local officials could it can enter a home or workplace to investigate a encounter labor trafficking in the course of their work possible crime, many other types of government and should be included in the network. Examples officials have regular access to places where people include: live and work, and where labor trafficking could occur. These officials are well positioned to spot the ◊ Specialized investigators looking for employment signs of labor trafficking and serve as first identifiers. tax violations who could encounter evidence With authority to investigate penal code and labor of labor exploitation, such as a lack of earning law violations, California’s specialized investigators statements for employees or evidence of are best equipped to affirmatively identify potential withholding wages, that together signal the trafficking situations without need for a referral potential for more serious abuses. or complaint and should be on the front line of ◊ Inspectors responsible for licensing health care California’s defense against labor trafficking. facilities, who may notice that workers keep their own personal belongings in patients’ rooms or Los Angeles and Alameda offer two examples for sleep in the facility. expanding the ranks of those capable of identifying labor trafficking. ◊ Local environmental health inspectors who might notice sleeping or living areas in the back portion In Los Angeles, specialized prosecutors within the of a business or locked doors that seem out of City Attorney’s Office and their partners within place. the regional human trafficking task force refer to ◊ Agricultural outreach workers who may learn this approach as “expanding the eyes and ears laborers from a particular farm are consistently network.” They train regulators and code inspectors brought to and from the field by their employer, to properly recognize the signs of labor trafficking, who also dictates where they live. and they partner with community organizations and ◊ Housing inspectors who might notice that businesses to distribute human trafficking hotline a subcontractor’s team appears to sleep in information that links callers to service providers. unfinished homes. The Alameda County United Against Human ◊ Officials operating refugee benefits programs or LABOR TRAFFICKING: STRATEGIES TO UNCOVER THIS HIDDEN CRIME | 11 those who provide legal services to immigrant specific to domestic servitude, agricultural labor communities do not yet screen for labor trafficking, trafficking among sales crews, and trafficking, but may already serve survivors of the trafficking within the service industry at hotels, crime. restaurants, and resorts.33 CREATE LABOR TRAFFICKING TRAINING Leaders in Washington and Minnesota have taken FOR FIRST IDENTIFIERS steps to develop specific training tools. California’s network of first responders will need The Washington State Task Force Against the proper training to serve as a frontline defense in the Trafficking of Persons identified several statewide state’s fight against labor trafficking. Existing anti- goals in a 2018 strategic planning session, including trafficking curricula for public officials still largely developing a better response to labor trafficking. conflate human trafficking with sex trafficking. Though state officials appear to be in the process of Updating this curriculum to incorporate realistic developing strategies, recommendations included examples of labor trafficking scenarios and more developing industry-specific training on both sex and accurately encompass all forms of human trafficking labor trafficking.34 abuses would be a good first step. However, experts suggest those state and local regulators who Minnesota state health department officials encounter potential or actual trafficking victims must partnered with a Minneapolis-based non-profit, have specific training to properly recognize signs of Advocates for Human Rights, to develop protocol labor trafficking and report their findings to specially guidelines for a broad audience of state and trained law enforcement officials for investigation.29 local governments, service providers, community organizations and others, to identify and respond to Standardized training materials do not yet exist, but child labor trafficking. The guidelines include both several organizations have developed toolkits to help a universal protocol, what everyone needs to know workers in certain professions recognize the signs when working with labor trafficking victims and high- of abuse. For example, HEAL Trafficking identified risk populations, as well as sector-specific protocols the essential training for health care providers to be for law enforcement, prosecutors, health care, victim able to identify, assess, and respond to encounters advocates, the child welfare system and other sectors with trafficking survivors.30 HEAL also put together that regularly interact with victims or potential an assessment tool for health care providers to victims of labor trafficking. determine if their human trafficking training and education programs are comprehensive and trauma At a minimum, Minnesota’s guidelines suggest informed.31 The Vera Institute of Justice created a everyone who works in agencies or organizations validated screening tool for social service providers that potentially interact with labor trafficking victims and law enforcement to use when encountering should receive basic training on how to identify someone who may be a trafficking victim.32 Other the crime and how to refer victims to available assessment tools designed to help investigators services. It recommends additional training for direct evaluate potential trafficking situations could also service providers on the potential criminal and civil be used as training tools to explain what the various remedies, immigration relief, and best practices for components of trafficking look like. One such tool interacting with victims. The guidelines recommend is the Polaris Project’s comprehensive human training should be provided regularly to both new trafficking assessment, which includes questions and veteran staff, especially if workers do not regularly encounter labor trafficking cases.35 12 | LITTLE HOOVER COMMISSION “Increasing understanding and awareness about may lack connections to vulnerable communities, labor trafficking could help identify potential cases and organizations based in those communities may and develop new, collective strategies to combat not have capacity to address labor trafficking. This labor trafficking,” officials from the Department of model suggests that first identifiers should be given Industrial Relations told Commissioners. “We would guidelines to elevate situations to authorities capable recommend providing training on labor trafficking of investigating cases through a trauma-informed to other state agencies that have a role in interacting lens, rather than trained to respond immediately with workers that may be potential victims of labor themselves.39 trafficking.”36 California currently lacks protocols to screen for labor Like Washington and Minnesota, leaders in the trafficking and report it. For example, social service Administration, ideally through the California Anti- providers who work with refugees do not currently Human Trafficking Council, should evaluate the have tools – or a mandate – to screen for trafficking.40 existing toolkits and guidelines to develop training Employment tax investigators do not have a tool to materials for California’s first responders to learn assess cases and determine if trafficking is involved.41 how to identify labor trafficking in the various sectors Investigators probing tax evasion or fraud – crimes in which the crime is likely to occur. This training which could be components of labor trafficking – do should be promoted broadly and conducted regularly not have a tool to assess cases for trafficking.42 for both employees who may frequently interact with victims or high-risk individuals and those who work in California needs better tools to screen for trafficking high-risk industries. and procedures for how to report it if found. The California Anti-Human Trafficking Council should CREATE LABOR TRAFFICKING REPORTING work with experts to identify evidence-based PROTOCOLS FOR FIRST IDENTIFIERS screening tools and strong procedures for reporting cases. California’s network of first responders also will need tools to know what to do – and what not do – when LEVERAGE DATA TO SYSTEMATICALLY they encounter potential labor trafficking victims. DETECT LABOR TRAFFICKING Labor trafficking victims endure great mental and Instead of waiting for victims to come forward, physical abuse. Research shows survivors suffer from California should promote systemic detection of post-traumatic stress disorder, anxiety, depression, labor trafficking. But because labor trafficking can psychosis, suicidal ideation and attempts, fear, and and does occur in so many different industries and difficulty forming trusting relationships as a result forms, looking for it without a strategy could be of their victimization.37 Some fear the government like searching for a needle in a haystack. We must for various reasons, including worry over their use data and technology to narrow the focus and immigration status or simply because their trafficker empower investigators. told them they would be incarcerated as a control tactic.38 The U.S. Department of Labor produces several datasets that could be useful. The OSHA Enforcement Minnesota’s guidelines recognize that no single Data Set consists of inspection case details for organization or entity can respond comprehensively thousands of OSHA inspections, including the to a labor trafficking victim’s complex needs – that resulting citations and penalty assessments.47 The individuals capable of responding to labor trafficking Wage and Hour Compliance Action Data Set contains LABOR TRAFFICKING: STRATEGIES TO UNCOVER THIS HIDDEN CRIME | 13 Using Data to Detect Labor Trafficking: Lessons From the Field GEOGRAPHIC INFORMATION SYSTEMS SMART PHONE BASED APPLICATION The Buffett-McCain Institute Initiative to Combat The United Nation University’s Centre for Policy Modern Slavery demonstrates how analyzing Research has brought together industry experts, employment and other data through Geographic anti-trafficking advocates and trafficking survivors Information System (GIS) technology can create to discuss the latest data and evidence about powerful tools to home in on potential trafficking human trafficking and consider what it will take to hot spots. Because agricultural work often occurs effectively eradicate this crime. In one example, in remote, isolated locations and trafficking researchers developed a smart phone based is a hidden problem particularly among farm application, Apprise, to enable officials who may laborers,43 the project focused investigation on encounter victims to proactively and consistently the state’s agricultural fields.44 Using publicly screen workers for signs of human trafficking. available data, researchers zeroed in on those During screening interviews with frontline parts of Texas that had the largest concentration responders, workers use the app to listen and of farmworkers and the areas where labor respond to questions intended to gauge their exploitation was already occurring. Overlaid with situation. Once complete, frontline responders data about the state’s anti-trafficking resources, can view a summary of the key indicators of researchers produced a series of heat maps that exploitation and the worker’s vulnerability rating. revealed high-risk areas that should be targeted A machine learning component to help identify for interventions.45 changes in patterns of exploitation, emerging hot spots, and vulnerable groups is forthcoming.46 data on wage and hour violations and whether temporary workers and cross-referenced with wage civil penalties were assessed.48 Similarly, the Office and hour inspection data to determine if there are of Foreign Labor Certification produces quarterly certain industries or employers that are frequent reports on guest worker visas granted through the violators. H-2A (temporary agricultural worker) and H-2B (skilled and unskilled temporary or seasonal work) State data should also be used. The Employment visa programs.49 Because migrant and seasonal Development Department collects data on California workers are known to be vulnerable to labor industries, occupations, and wages that could identify trafficking,50 this data could be used to explore potential trafficking vulnerabilities.51 For example, what employers and industries in California bring in unemployment claims analyzed by industry or region 14 | LITTLE HOOVER COMMISSION could point to populations of workers vulnerable to in Los Angeles County.54 The analysis revealed wage theft or accepting work for low pay or in bad demographic data about the victims, such as gender, conditions. age, and country of origin. It also exposed the industries most prone to trafficking, how victims This information could be compiled to create threat were recruited and the forms of force, fraud, and/or assessments for state and local communities to coercion traffickers used to exploit their workers. better understand the economic profile of their jurisdictions and identify industries vulnerable to When combined with data analytic tools, including labor trafficking.52 It also could be used to identify Geographic Information Systems (GIS) and Artificial top industries or jobs vulnerable to trafficking, and Intelligence, these data sets can flag anomalies and direct training and inspection resources accordingly. help spot places or industries at risk of trafficking. The data also could be used to develop regional Relevant labor and employment data should be industry profiles to describe the laws that govern made available so researchers, ideally in partnership the largest industries in the region; discuss how with the California Anti-Human Trafficking Council, businesses in each industry should work, including can apply it to the fight against trafficking. The how contractors and subcontractors get paid; state should also incentivize victim service describe common violations; and explain what providers to collect relevant data from survivors so exploitation looks like in each industry. Erin Albright, investigators, law enforcement, and victim advocates a former fellow with the U.S. Department of Justice can understand the characteristics that lead to Office for Victims of Crime, suggested such profiles trafficking and how to prevent future workers from could be used to help inspectors, law enforcement, falling victim. Leveraging this data, the state should and businesses understand if labor law violations or promote development of innovative analytical tools other exploitative activity was occurring. Decisions capable of trafficking hot spots and vulnerable could then be prioritized about where to direct populations. inspections.53 EXTEND EXISTING STATUTORY PROTECTIONS “...because labor trafficking can and does occur in so many Existing efforts to prevent and combat child sex different industries and forms, trafficking provide a strong foundation upon which to include provisions against all forms of looking for it without a strategy child trafficking. Lawmakers have enacted various could be like searching for a provisions to strengthen and expand protections for child victims of this crime: needle in a haystack.” ◊ The Welfare and Institutions Code contains the specifics of the Commercially Sexually Exploited When available, information from labor trafficking Children Program (CSEC), which funds county survivors also can be culled to provide insight into prevention and intervention services to children the economics of trafficking in specific regions. The who are, or are at risk of becoming, victims of sex Coalition to Abolish Slavery and Trafficking recently trafficking. The law directs child welfare agencies hired an economic consulting firm to analyze data and probation departments to implement policies from case files the organization collected over a and procedures aimed specifically at identifying decade while assisting labor trafficking survivors LABOR TRAFFICKING: STRATEGIES TO UNCOVER THIS HIDDEN CRIME | 15 and supporting child sex trafficking victims.55 Trafficked Minors to serve victims of both sex and labor trafficking.60 A current proposal seeks similar ◊ The Penal Code directs the Commission on protections for child trafficking victims. It proposes Peace Officer Standards and Training to inform renaming the CSEC program the Human Trafficked and train officers on sex trafficking, covering the Children Program, reflecting the inclusion of labor impact it has upon children, strategies to identify trafficking, and seeks to expand the definition of child victims, mandatory reporting requirements, and abuse to include child victims of labor trafficking, appropriate interview and intervention techniques thereby matching the update provided in 2014 for to use with child sex trafficking victims.56 child victims of sex trafficking.61 ◊ The Civil Code details the enhanced monetary penalties imposed on those found guilty of sex CONDUCT EDUCATION AND OUTREACH IN HIGH-RISK COMMUNITIES trafficking involving minors; courts can triple fines on sex traffickers and place the funds in a trust for the victim, which is to be used exclusively for their Broadly increasing public awareness of labor benefit and well-being.57 trafficking may help improve both victim identification and crime prevention, experts told the While California legislation has thus far focused Commission. “Government agencies cannot alone primarily on child sex trafficking, the idea of equally detect, report and investigate labor trafficking [and fighting child labor trafficking is not new. Previous many] trafficking individuals do not realize their proposals have sought to include provisions to enslavement,” District Attorney Nancy O’Malley told protect, find, and combat child labor trafficking Commissioners. “We need the general public to alongside child sex trafficking, yet these references be educated, aware of the signs of trafficking and were removed. For example, legislation enacted have a place for reports to be made,” O’Malley said. in 2017 to require training for county workers to Options for increasing awareness of labor trafficking recognize sex trafficking and to provide educational include general public education campaigns, training activities to children at risk of sex trafficking initially for employees in businesses or industries who may proposed renaming and broadening the CSEC interact with trafficking victims, and direct outreach program to include funding and prevention efforts to workers in high-risk communities and industries. for all trafficked children.58 Similarly, legislation enacted in 2019 to require counties to include General Public Education. California law already information on caring for child victims of sex requires some public outreach around human trafficking in their mandatory trainings for caregivers trafficking. Businesses, transit hubs, emergency and new foster families initially required that foster rooms, farm labor contractors, and other locations families receive education on both sex and labor that are the most likely sites of sex and labor trafficking.59 trafficking are required to post notices publicizing human trafficking resources, including the national Other bill proposals have inclusively defined child hotline. Failure to comply with posting requirements victims so that all forms of trafficking applied. may result in a fine for each offense.62 Legislation in 2013 sought cultural and sensitivity training requirements for caregivers of child Some jurisdictions have amplified efforts to ensure trafficking victims and proposed requiring the compliance. For example, Alameda County created a Health and Human Services Agency to convene web-based app, “MAP1193,” that includes a database an interagency workgroup to enact the State of businesses that fall under posting requirements of Plan to Serve and Protect Sexually Exploited and the law so that individuals can report compliance or 16 | LITTLE HOOVER COMMISSION non-compliance when they move about the county.63 what messages result in improved awareness and increased reporting. “Government agencies cannot Employee Training in Targeted Industries. alone detect, report and Another public awareness strategy involves training employees in organizations who interact directly investigate labor trafficking with workers, especially those in industries where ... We need the general public trafficking is most likely to occur. Data from the National Human Trafficking Hotline suggests to be educated, aware of the industries most at risk for labor trafficking include signs of trafficking and have a domestic work, traveling sales crews, peddling or place for reports to be made.” begging rings, agriculture, food service, beauty service, retail, and construction.66 - Alameda County District Attorney Nancy O’Malley In Texas, the state’s Alcoholic Beverage Commission launched a project to train employees of alcohol distributors to recognize common warning signs of In addition to required notices, general public human trafficking in the state’s more than 52,000 awareness campaigns also can help bring attention licensed bars, restaurants, and liquor stores.67 to human trafficking. However, with some notable Since 2017, the commission, which licenses alcohol exceptions, labor trafficking is often neglected in retailers, has revoked 21 liquor licenses due to these campaigns. To combat all forms of human human trafficking-related charges.68 trafficking, public awareness campaigns must include realistic depictions of labor trafficking victims California law already requires some industries – and industries. One example: Ahead of the 2016 specifically hotels and motels69 and mass transit Super Bowl in Santa Clara, a multi-county coalition centers70 – to conduct human trafficking awareness formed No Traffick Ahead to raise broad community training for employees. However, these requirements awareness of all forms of trafficking occurring in the do not extend to other businesses likely to encounter nine counties across the Bay Area.64 The campaign those vulnerable to trafficking, including businesses put a spotlight on labor trafficking in various forms licensed to sell alcohol, airports, emergency rooms or and included posters or billboards with images of urgent care centers, farm labor contractors, privately rubber gloves that questioned, “Could these be operated job recruitment centers, or massage shackles? Ask your janitor,” images of nail polish that businesses. Human trafficking training requirements questioned, “What color complements exploitation? for school district personnel currently include Ask your manicurist,” or images of a wine glass prevention education related to child sexual abuse that questioned, “Which wine pairs best with and trafficking but are silent on children whose labor enslavement? Ask your bus boy.”65 is exploited.71 California should promote efforts to alert the public Victim service providers who already work with the to the existence of human trafficking in various Governor’s Office of Emergency Services to help sectors and industries and incentivize compliance trafficking victims report a need for more training activities that engage the public in enforcement. to increase the ranks of those capable of identifying Public education campaigns should be inclusive of labor trafficking.72 California should begin by revising all forms of trafficking and studied to understand existing human trafficking training requirements LABOR TRAFFICKING: STRATEGIES TO UNCOVER THIS HIDDEN CRIME | 17 to encompass both sex and labor trafficking. The This sort of targeted outreach to workers in high- state also should expand training requirements to risk communities and industries could help identify encompass businesses in industries where labor victims and connect them to services.74 trafficking is known to exist so that employees most Some tools exist to help workers learn about likely to encounter victims know how to identify the labor trafficking. For example, the Advocates for signs and report suspicious activities. Prevalence Human Rights developed a labor trafficking self- data should be examined regularly, ideally by teams assessment card, available in 10 languages, that within the California Anti-Human Trafficking Council, contains questions workers can answer to evaluate to track trends and target additional industries for their situation and determine if they need help. The training if necessary. card also publicizes the National Human Trafficking Direct Worker Outreach. Trafficking victims Resource Center’s 24-hour hotline, 888-373-7888, often feel trapped by threats, but many also lack which directs callers to local service organizations.75 knowledge about legal protections available to Beyond providing workers with basic information them, Jean Bruggeman told Commissioners. She about trafficking, victim advocates pointed to several said they need to know about worker protections, worker outreach programs as models for preventing immigration protections, and available services workplace abuse. The Coalition of Immokalee and community support, but cautioned that poster Workers’ Fair Food Program leverages partnerships campaigns are not enough. “A poster full of legal among farmworkers, Florida tomato growers, jargon,” she explained, “is not effective. It is more and participating buyers to disrupt exploitative effective to provide know your rights presentations agricultural practices and prevent worker abuse in at neutral locations accessible by workers (not at the the fields. The program operates with zero tolerance job site) in the language of the workers, by peers.”73 for forced labor and includes training on the farms The Advocates for Human Rights’ Labor Trafficking Self- Assessment Questions 1. Is someone holding your personal documents for you? (I.D., passport, or papers) 2. Does someone else control the decisions you make about your life? (Where you go; where you live; who you talk to; when you see your family; whether you take breaks at work; whether you work when you are sick or injured; or how you spend your money) 3. Do you owe money to your boss, the person who hired you, or the person who helped you find the job? (Money is taken directly from your pay to cover a debt or for travel; the amount you owe increases; or the amount you owe does not decrease) 4. Are you receiving all your pay? (Not paid at all; not paid on time; not paid as promised; or paid in housing, food, or other things but not money) 5. Are you afraid something bad will happen to you or someone else if you leave your work?76 18 | LITTLE HOOVER COMMISSION and on company time so that workers understand Recommendations their rights and responsibilities.77 The Buffett- McCain Institute has partnered with the Immokalee 1. California should ensure that a broad range Workers to pilot the Fair Food Program in Texas of public officials, including inspectors with and is building coalitions of local and federal law access to businesses and homes, are capable of enforcement, prosecutors, academics, and victim detecting labor trafficking and serving as first service providers to enhance the state’s capacity to identifiers. respond to human trafficking cases.78 Training by outreach workers placed at local food markets to ◊ Identify both state- and locally-administered educate agricultural workers about their rights has programs to determine which are likely to interact resulted in reports of labor abuses.79 with labor trafficking victims or those vulnerable to the crime. Experts also emphasized the importance of ◊ Evaluate existing toolkits and guidelines to collaboration with culturally sensitive advocacy and develop standardized human trafficking training service providers who deeply understand vulnerable materials for California’s first responders. Training communities in order to effectively reaching out should address both general and industry to high-risk workers. In New York, workers’ rights specific audiences and include the definition of organizations like the Damayan Migrant Workers labor trafficking, common warning signs, and fill this role. The Damayan Migrant Workers how and when to refer the situation for further conducts outreach and education to workers in investigation and response. Regularly provide high-risk occupations such as domestic service and training to all public employees who work in other low-wage jobs. The organization meets with agencies or positions that potentially interact with Filipino migrant workers in the community to share labor trafficking victims. information about labor rights, immigrants’ rights, and services and protections available for those who ◊ Identify evidenced-based tools for first responders have survived labor trafficking or suffered other to screen for labor trafficking and report exploitation and abuse.80 suspicious activity. Develop policies, procedures, and protocols to track, record, and report California workers in high-risk industries and suspicious activity. vulnerable communities should be armed with ◊ Beginning with existing publicly available data, the information they need to identify signs of build a dataset and analytical tools, including potential trafficking and access resources. But the GIS, to hotspots in industries, professions, and Administration cannot, and should not, attempt communities across regions and statewide. To this work alone. California should borrow from aid in prevention efforts, work with victim service the models of other states to promote outreach providers to fill gaps in data collection and develop to workers by leveraging the expertise of service datasets that allow for a more complete analysis providers and community-based organizations of the characteristics of traffickers and victims. through the state. Specifically, the Anti-Human Trafficking Council should identify victim service providers and community organizations across the state that are positioned to conduct education and outreach to vulnerable workers and formalize referral mechanisms for follow-up investigation. LABOR TRAFFICKING: STRATEGIES TO UNCOVER THIS HIDDEN CRIME | 19 2. California should conduct public education and GET HELP outreach campaigns to increase awareness of human trafficking. If you or someone you know is a victim of human trafficking, the National Human Trafficking Hotline ◊ Public education campaigns produced with can help. Call toll-free at 1-888-373-7888 or text at state funding should be inclusive of all forms 233-733 (Be Free). of trafficking, and studied to understand what messages result in improved awareness and increased reporting. ◊ Policymakers should revise existing industry- specific human trafficking training requirements to encompass both sex and labor trafficking. Additionally, mandatory human trafficking training should be expanded to employees in industries where labor trafficking is known to exist. ◊ The state should establish partnerships with victim service providers and community organizations across California that are positioned to conduct education and outreach to vulnerable workers and formalize referral mechanisms for follow-up investigation. 3. California should conduct a study of the effectiveness of the Transparency in Supply Chain Act and develop recommendations for lawmakers to enhance accountability of the law through enforcement or other mechanisms. 4. Lawmakers should update existing laws that address human trafficking of commercially sexually exploited children to expand protections to children who are exploited for other forms of labor. ◊ Any new programs to combat human trafficking should equally address all forms of trafficking. 20 | LITTLE HOOVER COMMISSION Notes 1. Polaris. National Human Trafficking Hotline and Terrorism & Criminal Justice Training Program: BeFree Textline. California Statistics. Accessed Human Trafficking Training Program. Accessed at www.humantraffickinghotline.org/state/ July 29, 2020 at https://www.caloes.ca.gov/ california. cal-oes-divisions/california-specialized-training- institute/training-exercise-programs/terrorism- 2. Note: For a discussion of strategies to begin criminal-justice-training-program to prevent labor trafficking and other harmful crimes, see Jean Bruggeman, Executive Director, 9. Dominic Forrest, Chief, Labor Enforcement Task Freedom Network USA. November 21, 2019. Force, Department of Industrial Relations. May Written testimony to the Commission. 28, 2020. Written testimony to the Commission. 3. Anh Truong, Supervising Deputy City Attorney, 10. Lisa Gunson, Investigation Specialist, Criminal and Rena Shahandeh, Deputy City Attorney, Investigation Bureau, Franchise Tax Board. Office of the Los Angeles City Attorney. July 15, 2020. Personal communication with November 14, 2019. Written testimony to the Commission staff. David Montoya, Chief/ Commission. Acting Deputy Director, Investigation Division, Employment Development Department. July 16, 4. Kim Johnson, Director, California Department 2020. Personal communication with Commission of Social Services. July 24, 2020. Written staff. communication to the Commission. 11. Employment Development Department. Directive 5. Manny Alvarez, Executive Director, and WSD 18-09. Services and Referrals to Victims Scott Loggins, Assistant Executive Director, of Human Trafficking. Accessed July 16, 2020 Commission on Peace Officer Standards at https://edd.ca.gov/Jobs_and_Training/pubs/ and Training. August 30, 2019. Personal wsd18-09.pdf. communication with Commission staff. 12. Cornelio Gomez, Group Manager, Foreign Labor 6. Commission on Police Officer Standards and and Farmworker Services Group. Employment Training. POST Multimedia Products. Training Development Department. December 18, 2019. Videos: Human Trafficking Identify Respond. Personal communication with Commission staff. Accessed July 14, 2020 at https://post.ca.gov/ POST-Multimedia-Products. 13. Kim Johnson. See endnote 4. 7. Manny Alvarez, Executive Director, Commission 14. Note: For more information, visit U.S. on Peace Officer Standards and Training. July 14, Department of Health and Human Services, 2020. Personal communication with Commission Office on Trafficking in Persons. SOAR to Health staff. and Wellness Training, at https://www.acf.hhs. gov/otip/training/soar-to-health-and-wellness- 8. Gina Buccieri-Harrington, Assistant Director, training. Grants Management, California Governor’s Office of Emergency Services. May 28, 2020. 15. The Advocates for Human Rights. Labor Written testimony to the Commission. Also, Trafficking Protocol Guidelines: Identifying California Governor’s Office of Emergency and Responding to Victims of Labor Services, California Specialized Training Institute. Trafficking 24 Years Old and Under. LABOR TRAFFICKING: STRATEGIES TO UNCOVER THIS HIDDEN CRIME | 21 Accessed September 9, 2019 at https://www. 23. SB 855 (Committee on Budget and Fiscal theadvocatesforhumanrights.org/uploads/labor_ Review), Chapter 29, Statutes of 2014. Also, trafficking_protocol_guidelines_final.pdf. Also, Enacted Budget 2016-2017. Department of Colleen Owens, founder and CEO of THE WHY Social Services. Accessed July 14, 2020 at http:// and former Senior Research Associate, Urban www.ebudget.ca.gov/2016-17/pdf/Enacted/ Institute. November 21, 2019. Written testimony GovernorsBudget/4000/5180.pdf. to the Commission. 24. Anh Truong and Rena Shahandeh. See endnote 3. 16. The Advocates for Human Rights. Labor Also, Colleen Owens. See endnote 15. Trafficking Protocol Guidelines: Identifying 25. Colleen Owens. See endnote 15. Also, Nancy and Responding to Victims of Labor O’Malley, District Attorney, Alameda County. Trafficking 24 Years Old and Under. October 15, 2019. Personal communication with Accessed September 9, 2019 at https://www. Commission staff. theadvocatesforhumanrights.org/uploads/labor_ trafficking_protocol_guidelines_final.pdf. 26. SB 657 (Steinberg), Chapter 556, Statutes of 2010. 17. Colleen Owens. See endnote 15. 27. Kay Buck, Chief Executive Officer, The Coalition to Abolish Slavery and Trafficking. November 21, 18. California Penal Code, Section 236.1. 2019. Written testimony to the Commission. Also, 19. Anh Truong and Rena Shahandeh. See endnote 3. Human Rights Council. March 21, 2011. Report of the Special Representative of the Secretary 20. Dominic Forrest. See endnote 9. Note: The Labor General on the issue of human rights and Enforcement Task Force focuses inspections on transnational corporations and other business wage theft, health and safety issues, and licensing enterprises, John Ruggie. Accessed July 20, 2020 and workers compensation fraud and includes at https://www.business-humanrights.org/sites/ representatives from the Labor and Workforce default/files/media/documents/ruggie/ruggie- Development Agency, Employment Development guiding-principles-21-mar-2011.pdf. Department, Contractors State License Board, Department of Insurance, Department of Tax 28. Nancy O’Malley, District Attorney, Alameda and Fee Administration, Bureau of Automotive County. November 21, 2019. Written testimony to Repair, Alcoholic Beverage Control, and the State the Commission. Attorney General and District Attorneys. 29. Jean Bruggeman, Executive Director, Freedom 21. Gina Buccieri-Harrington. See endnote 8. Also, SB Network USA. November 21, 2019. Written 74 (Mitchell), Chapter 6, Statutes of 2020. testimony to the Commission. 22. Chris Caligiuri, Director of Division of Law 30. HEAL Trafficking Education and Training Enforcement Bureau of Investigations, Committee. April 2018. Introductory Training Department of Justice. August 16, 2019. Personal on Human Trafficking for U.S. Health Care communication with Commissions staff. Also, Professionals: Essential Content. Accessed July 28, 2019-20 State Budget. Department of Justice. 2020 at https://healtrafficking.org/wp-content/ http://www.ebudget.ca.gov/2019-20/pdf/Enacted/ uploads/2018/04/Essential-Components-for-a- GovernorsBudget/0010/0820.pdf. Health-Professional-Trafficking-Training.pdf. 22 | LITTLE HOOVER COMMISSION 31. HEAL Trafficking and the Laboratory to Combat Department. July 16, 2020. Personal Human Trafficking. Health Care Provider Human communication with Commission staff. Trafficking Education Assessment Tool. 2018. 42. Lisa Gunson, Investigation Specialist, Criminal Accessed July 28, 2020 at https://healtrafficking. Investigation Bureau, Franchise Tax Board. org/2018/12/assessment-tool-for-health-care- July 15, 2020. Personal communication to provider-human-trafficking-training/. Commission staff. 32. The Vera Institute of Justice. June 2014. 43. Kelle Barrick, Research Criminologist, Center for Screening for Human Trafficking: Guidelines for Justice, Safety and Resilience, RTI International, Administering the Trafficking Victim Identification et al. Labor Trafficking Victimization Among Tool. Accessed July 28, 2020 at https://www.vera. Farmworkers in North Carolina: Role of org/downloads/publications/human-trafficking- Demographic Characteristics and Acculturation. identification-tool-and-user-guidelines.pdf. International Journal of Rural Criminology, 33. Polaris Project, National Human Trafficking Volume 2, Issue 2, June 2014. Accessed July Resource Center. Comprehensive Trafficking 31, 2020 at https://kb.osu.edu/bitstream/ Assessment. Accessed July 28, 2020 at https:// handle/1811/61593/IJRC_Barrick_vol2-issue2_ humantraffickinghotline.org/sites/default/files/ pp225-243.pdf?sequence=1. Comprehensive%20Trafficking%20Assessment. 44. McCain Institute and The Howard G. Buffett pdf. Foundation. Agricultural Labor Data. Accessed 34. Washington State Task Force Against the July 31, 2020 at https://labordata.mccaininstitute. Trafficking of Persons. November 13, 2018. org/#/. Meeting Materials. Accessed December 26, 45. Sarah Southey, Program Assistant, Buffett- 2019 at https://deptofcommerce.app.box. McCain Institute Initiative to Combat Modern com/s/ci1zkrwff8h88i9jf6i2988m74h90bco/ Slavery. June 19, 2019. Mapping Agricultural folder/54976966652. Labour Trafficking in Texas. Accessed July 31, 35. The Advocates for Human Rights. See endnote 2020 at https://delta87.org/2019/06/mapping- 15. agricultural-labour-trafficking-texas/ 36. Dominic Forrest. See endnote 9. 46. Dr. Hannah Thinyane, Principal Research Fellow, and Francisca Sassetti, Research Assistant, United 37. Colleen Owens. See endnote 15. Nations University Institute in Macau. February 19, 2020. Strengthening Evidence to Tackle 38. Nancy O’Malley. See endnote 25. Labour Exploitation and Human Trafficking. 39. The Advocates for Human Rights. See endnote Accessed July 31, 2020 at https://delta87. 15. org/2020/02/strengthening-evidence-tackle- labour-exploitation-human-trafficking/. 40. Kim Johnson. See endnote 4. 47. U.S. Department of Labor. Data Enforcement. 41. David Montoya, Chief of Policy, Accountability, OSHA Enforcement Data. Accessed July 30, and Compliance, and Acting Deputy Director, 2020 at https://enforcedata.dol.gov/views/data_ Investigation Division, Employment Development summary.php. LABOR TRAFFICKING: STRATEGIES TO UNCOVER THIS HIDDEN CRIME | 23 48. U.S. Department of Labor. Data Enforcement. 2020 at http://leginfo.legislature.ca.gov/faces/ Wage and Hour Compliance Action Data. billTextClient.xhtml?bill_id=201720180AB1227. Accessed July 30, 2020 at https://enforcedata.dol. 59. AB 865 (Reyes), Chapter 810, Statutes of 2019. gov/views/data_summary.php. 60. SB 738 (Yee), 2013. 49. U.S. Department of Labor. Employment and Training Administration. OFLC Performance 61. Coalition to Abolish Slavery & Trafficking. Fact Data. Accessed July 30, 2020 at https://www. Sheet: AB 1985. “Child Labor Trafficking and Child foreignlaborcert.doleta.gov/performancedata. Welfare.” On file. cfm#dis. 62. SB 1193 (Steinberg), Chapter 515, Statutes of 50. Jean Bruggeman. See endnote 29. 2012. 51. California Employment Development 63. Nancy O’Malley. See endnote 28. Department. Data Library. Accessed July 31, 2020 at https://data.edd.ca.gov/. 64. South Bay Coalition to End Human Trafficking. No Traffick Ahead. Accessed July 28, 2020 at https:// 52. Colleen Owens. See endnote 15. southbayendtrafficking.org/nta/. 53. Erin Albright, former fellow, U.S. Department of 65. KQED. February 1, 2016. “Super Bowl Week Puts Justice Office for Victims of Crime. October 31, Spotlight on Human Trafficking.” Accessed July 28, 2019. Personal communication with Commission 2020 at https://www.kqed.org/news/10850616/ staff. super-bowl-week-puts-spotlight-on-increased- human-trafficking. 54. Philip Gnaedig, Coalition to Abolish Slavery and Trafficking. Barbara Kaleff and Elizabeth Newlon, 66. Polaris. National Human Trafficking Hotline and NERA Economic Consulting. November 5, 2019. BeFree Textline. California Statistics. Accessed Labor Trafficking Cases 2008-2018: Data Analysis at www.humantraffickinghotline.org/state/ Report. California. 55. California Welfare and Institutions Code, Section 67. Karen Robinson-Jacobs. February 8, 2018. 16524.6 and 16501.35. Also, Kay Buck. See The Dallas Morning News. “TABC taps alcohol endnote 27. distributors to help fight human trafficking at bars, restaurants, liquor stores.” Accessed July 20, 56. California Penal Code, Section 13516.5. 2020 at https://www.dallasnews.com/business/ 57. California Civil Code, Section 3345.1. Also, AB local-companies/2018/02/08/tabc-taps-alcohol- 2105 (Maienschein), Chapter 166, Statutes of distributors-to-help-fight-human-trafficking-at- 2018. bars-restaurants-liquor-stores/. 58. AB 1227 (Bonta), Chapter 558, Statutes of 2017. 68. Texas Alcoholic Beverage Commission. January Version 2/17/17 – Introduced. Also, Assembly 14, 2020. Press Release: TABC is on Front Lines of Human Services Committee Analysis. March Combating Human Trafficking in Texas. Accessed 31, 2017. Also, Assembly Education Committee July 20, 2020 at https://www.tabc.state.tx.us/ Analysis. April 25, 2017. Accessed August 26, home/press_releases/2020/20200114.asp. 24 | LITTLE HOOVER COMMISSION 69. SB 970 (Atkins), Chapter 842, Statutes of 2018. 70. AB 2034 (Kalra), Chapter 812, Statutes of 2018. 71. AB 1227 (Bonta), Chapter 558, Statutes of 2017. 72. Gina Buccieri-Harrington. See endnote 8. 73. Jean Bruggeman. See endnote 29. 74. Jamie Beck, President and Managing Attorney of Free to Thrive. November 21, 2019. Written testimony to the Commission. 75. The Advocates for Human Rights. Labor Trafficking Self-Assessment Card. Accessed July 21, 2020 at https://www. theadvocatesforhumanrights.org/labor_ trafficking_self-assessment_card.html. 76. The Advocates for Human Rights. See endnote 75. 77. Coalition of Immokalee Workers. Fair Food Program. Accessed July 28, 2020 at http://ciw- online.org/fair-food-program/. 78. McCain Institute, Arizona State University. The Buffett-McCain Institute Initiative to Combat Modern Slavery. Accessed July 28, 2020 at https://www.mccaininstitute.org/buffett-mccain- institute-initiative-combat-modern-slavery/. 79. Jean Bruggeman. See endnote 29. 80. Jean Bruggeman. See endnote 29. Also, Damayan Migrant Workers Association. Baklas Campaign: End Labor Trafficking and Modern Day Slavery. Accessed July 28, 2020 at https://www. damayanmigrants.org/baklas. LABOR TRAFFICKING: STRATEGIES TO UNCOVER THIS HIDDEN CRIME | 25 This page has been intentionally left blank. 26 | LITTLE HOOVER COMMISSION Little Hoover Commission Members CHAIRMAN PEDRO NAVA | Santa Barbara ASM. CHAD MAYES | Yucca Valley Appointed to the Commission by Speaker of the Assembly Appointed to the Commission by Speaker of the Assembly John Pérez in April 2013 and reappointed by Speaker of the Toni Atkins in September 2015. Elected in November Assembly Anthony Rendon in 2017. Government relations 2014 to represent the 42nd Assembly District. Represents advisor. Former State Assemblymember from 2004 to Beaumont, Hemet, La Quinta, Palm Desert, Palm Springs, 2010, civil litigator, deputy district attorney and member San Jacinto, Twentynine Palms, Yucaipa, Yucca Valley, and of the state Coastal Commission. Elected chair of the surrounding areas. Commission in March 2014. SEN. JIM NIELSEN | Gerber VICE CHAIRMAN SEAN VARNER | Riverside Appointed to the Commission by the Senate Rules Appointed to the Commission by Governor Edmund G. Committee in March 2019. Elected in January 2013 to Brown Jr. in April 2016 and reappointed in January 2018. represent the 4th Senate District. Represents Chico, Managing partner at Varner & Brandt LLP where he Oroville, Paradise, Red Bluff, Yuba City, and surrounding practices as a transactional attorney focusing on mergers areas. and acquisitions, finance, real estate, and general counsel work. Elected vice chair of the Commission in March 2017. ASM. BILL QUIRK | Hayward Appointed to the Commission by Speaker of the Assembly DION ARONER | Berkeley Anthony Rendon in 2017. Elected in November 2012 to Appointed to the Commission by the Senate Rules represent the 20th Assembly District. Represents Hayward, Committee in April 2019. Partner for Aroner, Jewel, and Union City, Castro Valley, San Lorenzo, Ashland, Cherryland, Ellis. Former State Assemblymember from 1996 to 2002, Fairview, Sunol, and North Fremont. chief of staff for Assemblymember Tom Bates, social worker for Alameda County, and the first female president SEN. RICHARD ROTH | Riverside of Service Employees International Union 535. Appointed to the Commission by the Senate Rules Committee in February 2013. Elected in November 2012 DAVID BEIER | San Francisco to represent the 31st Senate District. Represents Corona, Appointed to the Commission by Governor Edmund G. Coronita, Eastvale, El Cerrito, Highgrove, Home Gardens, Brown Jr. in June 2014 and reappointed in January 2018. Jurupa Valley, March Air Reserve Base, Mead Valley, Managing director of Bay City Capital. Former senior officer Moreno Valley, Norco, Perris, and Riverside. of Genentech and Amgen, and counsel to the U.S. House of Representatives Committee on the Judiciary. CATHY SCHWAMBERGER | Calistoga Appointed to the Commission by the Senate Rules CYNTHIA BUIZA | Los Angeles Committee in April 2018 and reappointed in January Appointed to the Commission by Speaker of the Assembly 2019. Associate general counsel for State Farm Mutual Anthony Rendon in October 2018. Executive director of the Automobile Insurance Company. Former board member California Immigrant Policy Center. Former policy director of the Civil Justice Association of California and the Capital for the American Civil Liberties Union, San Diego, and Political Action Committee. policy and advocacy director at the Coalition for Humane Immigrant Rights of Los Angeles. JANNA SIDLEY | Los Angeles Appointed to the Commission by Governor Edmund BILL EMMERSON | Redlands G. Brown Jr. in April 2016 and reappointed in February Appointed to the Commission by Governor Edmund G. 2020. General counsel at the Port of Los Angeles since Brown Jr. in December 2018. Former senior vice president 2013. Former deputy city attorney at the Los Angeles City of state relations and advocacy at the California Hospital Attorney’s Office from 2003 to 2013. Association, State Senator from 2010 to 2013, State Assemblymember from 2004 to 2010, and orthodonist. Full biographies are available on the Commission’s website at www.lhc.ca.gov. LABOR TRAFFICKING: STRATEGIES TO UNCOVER THIS HIDDEN CRIME | 27 “DEMOCRACY ITSELF IS A PROCESS OF CHANGE, AND SATISFACTION AND COMPLACENCY ARE ENEMIES OF GOOD GOVERNMENT.” By Governor Edmund G. “Pat” Brown, addressing the inaugural meeting of the Little Hoover Commission, April 24,1962, Sacramento, California Milton Marks Commission on California State Government Organization and Economy www.lhc.ca.gov