Labor Trafficking: Strategies to Help Victims and Bring Traffickers to Justice

Labor Trafficking: Strategies to Help Victims and Bring Traffickers to Justice Report #252 | October 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 A Closer Look: California’s Human Trafficking Victim Assistance Program 6 GETTING HELP TO LABOR TRAFFICKING SURVIVORS – WHAT WE DO NOW .................................................................................................8 Services Provided through Cal OES Administered Programs....................... 8 BARRIERS TO CARE .............................................................................10 Unique Service Needs of Labor Trafficking Survivors Unknown............................................................................................................10 No Centralized Referral Tool for Service Providers, Victims........................11 PRIORITIZING VICTIM SERVICES .......................................................12 Recommendation 1...........................................................................................12 BRINGING TRAFFICKERS TO JUSTICE................................................13 California Arrests and Convictions for Labor Trafficking.............................13 TWO STATE AGENCIES ARE EMPOWERED TO PROSECUTE LABOR TRAFFICKING CRIMES..........................................................................14 SEVERAL STATE AGENCIES ARE POSITIONED TO PURSUE LABOR TRAFFICKING INVESTIGATIONS..........................................................15 Several Multi-Agency Partnerships to Combat the Underground Economy.............................................................................................................16 OBSTACLES TO LABOR TRAFFICKING ENFORCEMENT ABOUND.18 Victim Identification and Desire for Prosecution..........................................18 Complex Cases Lead to Lengthy, Costly Investigations................................19 Proving Nonphysical Coercion or Force..........................................................20 Underutilization of Civil Enforcement............................................................20 Lack of Published Case Law and California Law Training............................21 Federal Recommendations to Increase Investigation and Prosecution of Labor Trafficking...........................................................22 Insufficient Opportunities for Coordination Among Relevant Agencies...23 PRIORITIZING LABOR TRAFFICKING ENFORCEMENT....................23 Recommendation 2...........................................................................................24 Recommendation 3...........................................................................................24 Recommendation 4...........................................................................................24 Recommendation 5...........................................................................................24 APPENDIX A: CAL OES’ HUMAN TRAFFICKING VICTIM ASSISTANCE (HV) PROGRAM (2016-2019) .......................................25 NOTES ...................................................................................................28 LABOR TRAFFICKING: STRATEGIES TO HELP VICTIMS AND BRING TRAFFICKERS TO JUSTICE | 1 Letter from the Chair October 8, 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: The following report concludes a review the Little Hoover Commission initiated a year ago to evaluate 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. This final report considers what must be done to respond to existing instances of labor trafficking. Despite laws criminalizing labor trafficking, we still know far too little about the individuals who are harmed by this abusive crime each year and do not yet understand how best to help these individuals recover and thrive. In this report, the Commission analyzes raw state data about trafficking survivors to better understand who has been victimized by this crime and learn where survivors show up for help. We also evaluate existing services for labor trafficking survivors and identify several barriers that make it difficult to ensure those harmed receive appropriate care. California must step up its efforts to ensure vulnerable individuals – workers with few resources or job prospects – are protected from unscrupulous traffickers willing to exploit the rights of others for their own personal gain. We know labor traffickers benefit from lax workplace oversight and that too few are held fully accountable for their abuses. In this report, the Commission reviews various state resources to investigate and prosecute labor trafficking crimes and identifies several obstacles that impede efforts to adjudicate those responsible for perpetuating these crimes. This report concludes with a number of strategies to prioritize victim services for labor trafficking survivors and opportunities to improve the state’s efforts to pursue traffickers and bring them to justice. 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 prioritize victim services for labor programs, particularly those that target populations trafficking survivors, and must adopt strategies to at high risk of experiencing trafficking, such as foster ensure that resources are in place to help survivors youth or immigrants. escape the cycle of abuse and subsequently thrive. Barriers to Care The state must also improve its efforts to pursue traffickers and bring them to justice. Various barriers make it difficult to get help to labor Over the last year the Little Hoover Commission trafficking survivors: has issued a series of reports to better address The unique service needs of labor trafficking labor trafficking. The first report, Human Trafficking: survivors are unknown. Labor trafficking survivors Coordinating a California Response, called for the need a range of supports, but little research is creation of an Anti-Human Trafficking Council to available to say with confidence which programs are coordinate the state’s activities. The second, Labor most effective and how they are best delivered. Trafficking: Strategies to Uncover this Hidden Crime, identified how the state can do a better job of There is no centralized referral tool for service detecting labor trafficking. providers and victims. Though a number of services are available to help labor trafficking victims, In this third and final report, the Commission California lacks a means to centralize information identifies ways in which the state can better help regarding these services and resources statewide. survivors and hold traffickers accountable for their crimes. Additionally, we analyze raw state data about Prioritizing Victim Services survivors to provide a more nuanced picture of who falls prey to trafficking and where the crime occurs. California must do more to understand where labor Understanding more about this crime is an important trafficking occurs through the state, how victims step in ensuring appropriate services are in place to access help, and the kinds of programs most effective help survivors. at helping survivors recover and thrive. The report includes a specific recommendation to prioritize Getting Help to Labor victim services: Trafficking Survivors – What Recommendation 1: California should track service We Do Now provision to labor trafficking survivors, research and evaluate the efficacy of these programs, and develop Two state agencies – the Governor’s Office of and maintain a user-friendly directory of all state and Emergency Services and the California Victim local resources for trafficking survivors. Compensation Board – provide help to labor trafficking survivors. The Office of Emergency Bringing Traffickers to Justice Services offers direct services such as crisis intervention, counseling, emergency shelter, Each year, hundreds of known labor trafficking information and referrals, and assistance applying survivors seek help in California. Yet, cases that can for benefits. The Victim Compensation Board offers bring their traffickers to justice remain rare. On financial assistance to help pay medical bills and average, there are less than 30 convictions for labor other expenses a victim of human trafficking incurred trafficking in California each year. as a result of the crime. Trafficking survivors may also benefit from a number of other state-administered LABOR TRAFFICKING: STRATEGIES TO HELP VICTIMS AND BRING TRAFFICKERS TO JUSTICE | 3 Two state agencies are empowered to prosecute avenue to pursue labor trafficking crimes. The state labor trafficking crimes. Labor trafficking may has not yet initiated a civil trafficking complaint, be prosecuted by the Department of Justice, which though this could be a particularly useful tool. has authority to pursue criminal cases, and the Lack of published case law and California law Department of Fair Employment and Housing, which training. Law enforcement officials receive little has authority to pursue civil cases. training on labor trafficking and published case law Several state agencies are positioned to pursue to guide these investigations does not exist. The lack labor trafficking investigations. The Department of these resources leaves prosecutors to conduct of Industrial Relations would be well positioned to significant independent research. serve at the forefront of combatting labor trafficking Insufficient opportunities for coordination among crimes, but currently lacks the mandate to do so. relevant agencies. Labor trafficking investigations Other organizations, such as the Employment require the expertise of various agencies, yet few Development Department and the Franchise Tax opportunities exist to collaborate on these cases. Board, also could contribute to labor trafficking investigations. Prioritizing Labor Trafficking Obstacles to Labor Trafficking Enforcement Enforcement Abound California must do more to ensure labor traffickers are brought to justice through increased investigation Experts identified various challenges to labor and prosecution. The state should begin by deploying trafficking investigations and prosecutions: its investigative resources to combat this crime Victim identification and desire for prosecution. and arming law enforcement officials with better Survivors may be reluctant to engage with law training. The report concludes with four specific enforcement officials for various legitimate reasons. recommendations to prioritize labor trafficking enforcement: Complex cases lead to lengthy, costly investigations. Labor trafficking cases tend to be Recommendation 2: California should empower unique and resource intensive. Investigating these state agencies to investigate labor trafficking crimes. cases often requires specialized, dedicated staff. Recommendation 3: California should standardize Proving nonphysical coercion or force. State law coordination among federal, state, and local agencies defines labor trafficking as the act of depriving or around labor trafficking. violating the personal liberty of another with the Recommendation 4: California should track labor intent to obtain forced labor or services. It does trafficking enforcement activities and study outcomes not require that those acts involve physical force to identify best practices. or coercion. Lack of understanding about how this crime is defined can make prosecutions challenging. Recommendation 5: California should enhance labor trafficking training opportunities for law Underutilization of civil enforcement. Civil enforcement and court personnel. action can provide relief for victims and requires a lower burden of proof than criminal cases, but it is unknown how frequently prosecutors use this 4 | LITTLE HOOVER COMMISSION Introduction Despite decades of laws to protect individuals from Bay Area. We know oftentimes, victims do not come the harms of human trafficking, labor trafficking forward for help, for various reasons. Understanding persists, largely in the shadows. Its victims endure more about who is impacted by this crime and where both physical and psychological injuries, and their and how survivors seek help is a necessary first distress can extend far beyond state and national step in ensuring appropriate services are in place to borders to their home country, where they may fear help victims recover and thrive, regardless of their retribution from traffickers against members of their location. family. While the toll on its victims is immeasurable, each year traffickers around the globe reap a Traffickers in California illegally staggering $19.6 billion from unpaid wages alone.1 profit in untold amounts Traffickers in California illegally profit in untold amounts through untaxed economic activities, through untaxed economic undercutting legitimate California businesses and activities, undercutting cheating the federal and state government out of tax dollars. legitimate California businesses and cheating the federal and Over the last year, the Commission has issued a series of reports to amplify California’s efforts to state government out of tax combat this horrific crime. dollars. In its first report, Human Trafficking: Coordinating a California Response, the Commission called for We also know there are various paths through better coordination of the state’s anti-trafficking which justice can be achieved, disrupting traffickers’ activities through the creation of a California Anti- operations and awarding victims with fiscal Trafficking Council. In its second report, Labor compensation for lost wages and other injuries Trafficking: Strategies to Uncover this Hidden Crime, sustained. Yet, sometimes victims appear for help the Commission identified strategies to improve and years after their abuse making already complex expand the detection of labor trafficking. investigations and prosecutions more challenging. Understanding and addressing the various In this third and final report, the Commission challenges investigators and prosecutors must considers how best to get help to survivors and bring overcome will help California’s efforts to successfully traffickers to justice. bring traffickers to justice. Too little remains known about the full extent Building off its previous recommendations, in this of labor trafficking in California, but limited data report, the Commission offers strategies to ensure shows that survivors turn up for help in counties that resources are in place to help those victims throughout the state. Thousands of human trafficking who are identified so they may escape the cycle of victims access services every year in counties across abuse and subsequently thrive. We also consider the state, hundreds of whom have survived labor strategies to improve investigations that successfully trafficking. A surprising concentration of labor build cases against traffickers –to immediately halt trafficking survivors present in the Central Valley, exploitative employers, but also to deter others from although labor trafficking survivors also show up in engaging in this crime. large numbers in some of the most populous regions of the state, including Los Angeles, San Diego, and the LABOR TRAFFICKING: STRATEGIES TO HELP VICTIMS AND BRING TRAFFICKERS TO JUSTICE | 5 The Commission is grateful to Cal OES for A Closer Look: California’s providing the data that allowed this analysis. Human Trafficking Victim Assistance Program Twenty-one service providers received grants from the HV program. Although these providers Thousands of Californians fall prey to human were located in only 15 of California’s 58 trafficking each year, including hundreds counties, approximately 78 percent4 of the state’s who are exploited for forced labor. They are population resides within these counties. disproportionately young and African-American. It is important to note that the demographic That’s the conclusion of the Commission’s analysis information includes those that have been of raw data about survivors who seek help from trafficked for labor-related and/or sex-related a key state program. Because relatively little is crimes and cannot be separated. known about trafficking victims, Commission staff requested the data from the Governor’s Office of Approximately 22 percent were victims of labor Emergency Services (Cal OES) to develop a fuller trafficking picture of those who are victimized.2 Many of those who received assistance through Cal OES operates the Human Trafficking Victim the state’s HV Program reported that they were Assistance (HV) Program3 to provide trafficking solely sex trafficked (77.8 percent). Approximately victims with comprehensive services to help them one-fifth reported that they were victims of forced recover and reintegrate into society. Between 2016 labor, with 15.1 percent reporting that they were and 2019, more than 14,000 survivors received victims solely of labor trafficking and another 7.1 help through this program. percent reporting that they were victims of both sex and labor trafficking. Cal OES provided raw data that did not identify individual survivors in any way, but did include Over one-fourth were under the age of 18 demographic information about those who More than one-quarter (25.7 percent) of survivors received help, such as age, ethnicity, and type of were under 18. There were far more females exploitation. The initial data was broken down (12,024) who received services than males by funding cycle and service organization, but (2,212). Of those served who identified as male, Commission staff combined the information and approximately one-fourth were under the age of analyzed the results. 18, with nearly 40 percent between the ages of 18 The resulting portrait is certainly not exhaustive and 24 and roughly 35 percent over the age of 25. – the data includes only those who were served Of those served who identified as female, similarly, by the HV Program and does not represent the one-fourth were under the age of 18, with nearly entire California human trafficking population 35 percent between the ages of 18 and 24 and – but it nonetheless provides a partial answer around 35 percent over the age of 25. to a frequently asked question about an elusive crime: Who are the victims of human trafficking in California? 6 | LITTLE HOOVER COMMISSION African-Americans were disproportionally Hindu (0.1 percent), Japanese (0.1 percent), or impacted another language (2.3 percent). A disproportionate number of victims identified One-third of victims served who identified as African-American. While only accounting for themselves as having a disability cited a 5.5 percent5 of the California population, African- learning disability Americans make up one-third of those served Around 13 percent6 (1,855) of victims served by HV Program grants. Of the other victims who identified that they had a disability, one-third disclosed their race or ethnicity, 28.6 percent of which were classified as learning disabilities. were Latino, 15.7 percent were Caucasian, 6 Others cited disabilities that were either physical percent were Asian, 2 percent were Filipino, 1 (15.4 percent of those who said they had a percent were American Indian, and .5 percent disability) or developmental (13.4 percent). were Pacific Islanders. Additionally, 5.4 percent identified as mixed race and 7.9 percent did not Labor trafficking victims served were share their race or it was unknown concentrated in the Central Valley Most identified English as their primary Labor trafficking appears to be concentrated in language the Central Valley. While only 2.6 percent7 of the state’s population resides in Fresno County, 21 Most (75.9 percent) victims identified their percent of the state’s labor trafficking victims primary language as English. This was followed were served by a provider who is based there. by Spanish at 15.5 percent. The remaining This provider also has the highest share of victims who identified their primary language individuals who reported they were solely labor either spoke Chinese (2.4 percent), Tagalog trafficked. (1.7 percent), a Southeast Asian language (1.4 See Appendix A for additional information. percent), Russian (0.3%), Korean (0.3 percent), Demographic Category % of Demographic Demographic Category Characteristic Total Characteristic Total Labor Trafficking 2,160 15.1% Type of Trafficking Sex Trafficking 11,140 77.8% 14,322 Labor & Sex Trafficking 1,022 7.1% Male Youth Under 18 518 23.4% Male Young Adults 18-24 882 39.9% Male Age 2,212 Male Adults 25-older 757 34.2% Male Age Unknown 55 2.49% Female Youth Under 18 3,143 26.1% Female Young Adults 18-24 4,133 34.4% Female Age 12,024 Female Adults 25-older 4,308 35.8% Female Age Unknown 440 3.66% Caucasian 2,263 15.7% Latino 4,131 28.6% African-American 4,757 32.9% Asian 867 6.0% Race/Ethnicity Filipino 295 2.0% 14,454 American-Indian 142 1.0% Pacific Islander 67 0.5% Other Not Shared / Unknown 1,147 7.9% Other Mixed Race 785 5.4% LABOR TRAFFICKING: STRATEGIES TO HELP VICTIMS AND BRING TRAFFICKERS TO JUSTICE | 7 cumulatively since 2016 – to provide comprehensive Getting Help to Labor services for human trafficking victims.8 Numerous Trafficking Survivors – What other community organizations also offer support to We Do Now this population, though there is no system to track all service providers for trafficking victims in the state. Trafficking survivors can access help from a patchwork of service providers throughout the state. California Governor’s Office of Emergency California offers a number of support services to Services. The Governor’s Office of Emergency human trafficking survivors, primarily through the Services (CalOES) administers about $11.5 million Governor’s Office of Emergency Services and the in state and federal grants to service providers Victim Compensation Board. Additionally, about 25 who assist human trafficking victims. There are two service providers in California receive money directly programs: from the U.S. Department of Justice – $22.2 million 8 | LITTLE HOOVER COMMISSION ◊ The Human Trafficking Victim Assistance Program10 is intended to help victims of both sex Survivor Stories: Angela and labor trafficking recover from the trauma they experienced by making a range of direct Angela was a young girl in the Philippines with services available through participating non-profit aspirations to work in healthcare to support organizations. CalOES administers this program her family. When she was older and seeking with $10 million from the General Fund annually. work, a friend of a friend told her about an Since the program was established in 2015, 21 opportunity to become a caregiver in the U.S. victim service community-based organizations and helped her enroll in Taekwondo classes to in 15 counties across the state have received earn a certificate and black belt, and ultimately, funding, though not every organization was obtain a sports visa to come to the U.S. Upon funded each year.11 This program has helped arrival, she was placed in a licensed nursing 12,560 human trafficking victims through the home facility. Her employer confiscated her years, about 17 percent of whom were victims passport and told her that she owed $12,000 of labor trafficking, and 8 percent of whom were and had to work for 10 years to repay her debt. victims of both sex and labor trafficking.12 Angela lived at the facility, working long shifts without time off or breaks, and moving her ◊ The department also administers the Human belongings when inspectors came to visit. Her Trafficking Advocacy Program, which supports employer falsified timesheets and obtained local victim witness assistance centers.13 Funding for her a false social security number and is provided through the federal Victims of Crime identification. Angela was unaware of U.S. Act Victim Assistance Formula Grant Program labor protection laws and believed she was and is generated by federal prosecution fines working off her debt. A neighbor who saw and penalties – a revenue stream which has her regularly walking elderly patients around declined significantly in the last two years.14 In the block noticed she never seemed to get fiscal year 2019-20, witness assistance centers in time off and eventually called the F.B.I. Angela 11 counties received approximately $1.5 million.15 didn’t realize she was a trafficking victim until This funding was used to dedicate a specialized she connected with other survivors and now advocate responsible for identifying and providing she serves as an advocate to raise awareness comprehensive services to human trafficking about labor trafficking and its impact to survivors. Though the overwhelming majority of individuals and the state.17 the 1,140 victims helped during this period were sex trafficking survivors, the program assisted 83 labor trafficking survivors.16 trafficking victims, about 40 percent of whom California Victim Compensation Board. Human received benefits. All eligible human trafficking trafficking victims also may apply to the California applicants received about $270,000 in compensation Victim Compensation Board for compensation for over this period, most commonly to pay for mental services that other organizations do not offer or have health counseling and relocation expenses. Funding the resources to provide. Funded services include for these services comes from restitution fines and medical and dental care, mental health services, penalty assessments levied on individuals convicted income loss, and relocation and residential security. of crimes and traffic offenses, and from federal Since fiscal year 2017, the board has received an grants.18 average of 170 applications per year from human LABOR TRAFFICKING: STRATEGIES TO HELP VICTIMS AND BRING TRAFFICKERS TO JUSTICE | 9 An analysis of the 170 applications from human funded programs for crime victims, including the trafficking survivors found that 20 per year were court appointed special advocate, domestic violence based on labor trafficking, 81 were based on sex assistance, innovative response to marginalized trafficking, and the remainder did not contain victims, legal assistance, rape crisis, county victim documentation to specify, the board’s Executive service, and transitional housing programs. In total, Officer Lynda Gledhill told the Commission. About since 2016, the department estimates as many as 80 percent of these victims were connected to 5,200 labor trafficking victims have received help advocates to help them navigate through available through these programs.21 Survivors also likely access services locally and from the state: 63 percent were a number of programs administered by the California represented by a county district attorney office and Department of Social Services designed to serve 16 percent were represented by a community-based populations at higher risk of experiencing human organization that specializes in assisting human trafficking, such as foster youth and immigrants. For trafficking victims. example, survivors may qualify for benefits and social services through federally-administered programs New benefits were approved last year so that such as refugee cash assistance, CalWORKs, CalFresh, trafficking victims may now receive money outside refugee support services, and programs authorized of a legal process for income lost as a result of their under the Child Abuse Prevention and Treatment exploitation. Enacted legislation requires the board Act, or state programs such as trafficking and crime to compensate human trafficking victims for income victims assistance, cash assistance for immigrants, lost as a direct result of trafficking, up to 40 hours California food assistance, and assistance for per week, not to exceed $10,000 per year, for a commercially sexually exploited children.22 maximum of two years.19 Previously, victims could only receive compensation for income loss incurred Barriers to Care during a period of physical or psychological disability UNIQUE SERVICE NEEDS OF LABOR suffered after their abuse. This new law allows TRAFFICKING SURVIVORS UNKNOWN the board to rely on evidence other than official Research on the specific needs of labor trafficking employment documentation in considering and survivors is limited.23 Available studies suggest approving victims’ applications. Acceptable evidence survivors need a range of supports that encompass now includes a statement under penalty of perjury health care, social services, and legal assistance. from the applicant, a human trafficking caseworker, They may also need additional services to promote a licensed attorney, or a witness to the crime; a law recovery and rehabilitation, including case enforcement agency endorsement; a certification or management, help finding safe housing or obtaining eligibility letter from a government agency for a visa food and clothing, financial skills building, job as a human trafficking refugee or a notice of approval training and employment support.24 Researchers and for a T Visa application (T Visas provide immigration advocates alike emphasize the need for individuals protection to victims of trafficking).20 and organizations serving trafficking victims to be Other Programs. Labor trafficking survivors may sensitive to their needs and experiences and stress also benefit from a number of other programs the importance of a trauma-informed approach to administered by the state but designed to serve care.25 broader populations. For example, CalOES staff Also scarce is research and evaluation to understand testified that labor trafficking survivors access what service models effectively support labor services through a number of other federally- 10 | LITTLE HOOVER COMMISSION Survivor Stories: Carmen and Elena Carmen and Elena were living in Tijuana and looking for work when they met a woman from the neighborhood who encouraged them to travel to Fresno. She said she could find them well-paid work for an entire season and provide a place to stay with her family. Entering the U.S. on travel visas, they stayed with the woman and her family in a small apartment for several weeks before they – and several other workers brought to Fresno under similar circumstance – were told to leave. They had no money, no work, no place to stay, and knew no one who could help, but were put in contact with an employer who loaned them money for a place to stay and took their identification documents as collateral. He offered them “piece work,” and told them they would earn $10 an hour. They worked 9 hours a day, 6 days a week, and received pay in cash, but in amounts less than they expected. He charged them for transportation, taxes, and check cashing fees. He began threatening them, insisting they work faster or face pay deductions. He forced them to move again, incurring more debt in the relocation. Carmen wanted to return to Tijuana to see her spouse who had become injured, but initially could not get her documents back – her employer did not trust her to return and repay her debt to him. He relented only after threatening to report her to immigration. A co-worker saved to repay his debt. He tried to quit, but was threatened again with immigration. Carmen, Elena, and their co-worker sought help from the United Farm Workers, who eventually called in police, the F.B.I., and victim service providers to rescue and “extract” five victims. Theirs may be the first successfully prosecuted agricultural labor trafficking case in California.26 trafficking survivors. “A wide variety of practices labor trafficking survivors and direct them to all are currently in use by government agencies and relevant services.28 nongovernmental organizations, large and small, Both the California Victim Compensation Board and leaving a very disjointed field,” Jean Bruggeman told the Attorney General identify a number of victim Commissioners. “Government and private funders service resources on their websites. The board are uncertain how to best invest their resources. And developed a county resources map that identifies new service providers are left with trial and error to organizations throughout the state that can help develop the most effective service programs.” She crime victims obtain various services, but it does not said comprehensive, long-term, objective research is offer guidance on how to help human trafficking needed to understand the effectiveness of different victims specifically.29 The board also identifies a types of programs for trafficking survivors and begin number of resources – such as the National Human to build an evidence base for best practices.27 Trafficking Hotline, the U.S. Department of Justice’s NO CENTRALIZED REFERRAL TOOL FOR Trafficking in Persons and Worker Exploitation Task SERVICE PROVIDERS, VICTIMS Force Complaint Line, and a handful of nonprofit California needs tools to guide survivors to help. organizations that serve trafficking victims – that Jamie Beck, who heads a legal services clinic for could eventually lead to help, but it does not provide human trafficking survivors in San Diego County, a sense of the comprehensive services available.30 told the Commission that service providers may be The California Attorney General’s website also overwhelmed with clients and lack training to identify LABOR TRAFFICKING: STRATEGIES TO HELP VICTIMS AND BRING TRAFFICKERS TO JUSTICE | 11 identifies several local organizations that are funded to provide trauma-informed services to human by CalOES to provide human trafficking victim trafficking survivors, identify service gaps, and services, but is similarly narrow in focus.31 measure the efficacy of services. The Commission reiterates that recommendation but acknowledges A centralized, California-specific resource guide for more must be done to ensure labor trafficking these officials to understand the scope of services survivors get the help they need. Too little is known available to human trafficking victims would be about labor trafficking survivors, their specific needs, helpful, but does not exist. Nor is a service directory and the programs most helpful in restoring their available to make it easy for victims or their independence and empowering them to obtain supporters to find help. Both the federal government gainful employment. To address this knowledge gap, and Washington State offer examples for creating California must understand where trafficking occurs such tools. throughout the state and how survivors are accessing help. To begin, the state must collect and track data The U.S. Department of Health and Human Services’ about labor trafficking survivors and the services they Office of Trafficking in Persons produced a resource access so the needs of this population can be studied guide for social service providers in 2012. The 32- and better understood. The state must also evaluate page booklet describes various community and state- the efficacy and impact of programs designed to funded resources, such as food, shelter, clothing, assist labor trafficking survivors. This research medical care, legal assistance, and job training, and would require first compiling information on existing outlines the types of federal benefits and services state resources available to help survivors, as the available to trafficking victims.32 Commission previously recommended. Finally, the Washington recently produced a website, state should develop and frequently update an WATraffickingHelp.org, to centralize information online directory of human trafficking victim service regarding the services and resources available to providers and other resources for trafficking victims both sex and labor trafficking survivors in the state. so that survivors and their advocates throughout Launched by Washington’s Attorney General in 2018, the state have a way to easily locate help in a timely the website is searchable by location and lists a range manner. of resources including nearby case management and Recommendation 1: California must prioritize support groups, job training and financial assistance, victim services for labor trafficking survivors. Ideally, health services, and housing options.33 In addition, coordinated through the California Anti-Human the site includes downloadable resources, such as Trafficking Council, the state should: toolkits for responding to trafficking, anti-trafficking outreach posters, and training videos, and links ◊ Require agencies that provide services to crime to regional anti-trafficking task forces and events victims and other vulnerable Californians to track so those interested in getting involved in the fight service provision to labor trafficking survivors so against trafficking can learn where to connect. the needs and demographics of this population can be better understood. Prioritizing Victim Services ◊ Research and evaluate the efficacy of programs In a report issued earlier this year, Human Trafficking: designed to assist human trafficking survivors, Coordinating a California Response, the Commission assess the overall impact of these programs to called for the creation of a California Anti-Human ensure survivors receive appropriate care, and Trafficking Council to assess California’s capacity identify any gaps in service needs. 12 | LITTLE HOOVER COMMISSION ◊ Develop and frequently update an online directory a 10-year statute of limitations to file civil claims of human trafficking victim service providers and related to their trafficking experience.34 Additionally, other state and local resources for trafficking labor traffickers may face administrative lawsuits for survivors, searchable by location and service. violations of state labor, employment and tax laws This user-friendly website should explain in plain conducted as part of their trafficking. language – to enable translation into multiple Yet, despite the hundreds of known labor trafficking languages – the types of programs and services survivors who seek help each year in California, labor available to trafficking survivors and how and trafficking cases that can bring perpetrators to justice where to access them. remain rare. Bringing Traffickers to Justice Between 2015 and 2019, more than 650 individuals Traffickers face both criminal and civil action and were arrested in California and 145 were convicted administrative sanctions from a variety of local, state, for labor trafficking crimes defined by Penal Code and federal entities. In California, labor traffickers Section 236.1(a). On average, this translates to less may face criminal penalties based on violations of than 30 convictions each year. Though officials say state law defined in Penal Code Section 236.1. Those these figures likely underrepresent the true scope found guilty face imprisonment in the state prison of labor traffickers in the state courts because they for 5, 8, or 12 years, and a fine up to $500,000. do not include cases filed under a different charge Traffickers also may face civil penalties including or instances when a defendant plead to a different actual, compensatory, and punitive damages a crime.35 Data is not available to say how frequently victim sustained and injunctive relief as defined in labor trafficking is pursued through civil action or Civil Code Section 52.5. The law provides survivors administrative means in California. LABOR TRAFFICKING: STRATEGIES TO HELP VICTIMS AND BRING TRAFFICKERS TO JUSTICE | 13 resources, the interests of the local prosecutorial Two State Agencies Are agency, and whether the team of attorneys within Empowered to Prosecute the department’s Fraud and Prosecution section Labor Trafficking Crimes – which pursues criminal cases, including human trafficking cases – has capacity to take on new In California, labor trafficking cases may be cases. She explained labor trafficking cases are investigated and ultimately prosecuted by various both unique and resource intensive, and require agencies at the local, state, and federal levels of investigators and prosecutors who are well-trained government. At the state level, authority for this and have sufficient time to devote to the case. work currently falls to two agencies: the Department The department may decline cases for various of Justice, with jurisdiction to pursue criminal reasons. For example, Plisner explained that if the labor trafficking cases, and the Department of Fair conduct did not warrant a criminal prosecution or Employment and Housing, with jurisdiction to pursue there was insufficient evidence to prove beyond a civil labor trafficking cases. reasonable doubt that trafficking had occurred, the investigation could be referred to a different agency, The Department of Justice. California’s Attorney such as the Franchise Tax Board or the Employment General and the Department of Justice are granted Development Department. Or, if the case occurred constitutional authority to investigate and prosecute in just one jurisdiction, it could be referred to local labor trafficking cases and may work with district prosecutors.39 The department has designated a attorneys and other law enforcement agencies statewide human trafficking coordinator to oversee to that end.37 In the last three years, the Attorney all legislative work, training, and prosecution related General’s Office has received approximately 17 to human trafficking.40 Additional teams within reports of labor trafficking; one case currently is the department may assist with investigation, as pending and five are under investigation. The current described below. cases represent trafficking that allegedly occurred in bars and restaurants, communal living settings, and a The Department of Fair Employment and Housing. janitorial service.38 California’s Department of Fair Employment and Housing (DFEH), which protects Californians from Despite the hundreds of known unlawful discrimination in employment, housing, businesses, and state-funded activities and labor trafficking survivors who programs, was granted authority in 2016 to receive, seek help each year in California, investigate, conciliate, mediate, and prosecute civil complaints alleging human trafficking.41 labor trafficking cases that can bring perpetrators to justice Because the department does not employ peace officers or field enforcement teams who can identify remain rare. potential trafficking situations, it relies on complaints from the public or referrals – from other state Not all cases brought to the Attorney General are agencies or community organizations – to identify pursued for investigation and prosecution. According cases. And it is required by statute to investigate to Deputy Attorney General Amanda Plisner, all allegations that fall within its jurisdiction. Since department staff evaluate each case to consider gaining the authority to pursue civil enforcement jurisdictional issues, the availability of specialized of human trafficking laws, the department has 14 | LITTLE HOOVER COMMISSION received almost no complaints. In 2018 and 2019, identify and develop leads. the department received and investigated a total Several State Agencies Are of 56,579 complaints on all subjects. Of these, just 31 alleged human trafficking and all but three were Positioned to Pursue Labor closed after department attorneys determined Trafficking Investigations that they would not meet the elements of human trafficking under California law.42 Several state agencies have authority to investigate criminal activities and violations of the state’s Penal Although civil litigation can result in higher Code and labor laws inherent in labor trafficking compensatory and punitive damages, many labor crimes. While no state agency currently has a trafficking survivors do not choose to pursue this mandate to look for labor trafficking, several conduct option, DFEH director Kevin Kish told Commissioners. investigations that can – and sometimes do – support Survivors may be reluctant to enter a lengthy legal for criminal or civil actions, or lead to administrative dispute while also dealing with more immediate sanctions for trafficking-related offenses. needs, such as finding housing, addressing their immigration status, or obtaining social services. The Department of Industrial Relations. The Kish explained survivors who choose to start a civil Department of Industrial Relations exists to complaint typically file with attorneys in private improve working conditions for California’s earners practice who can provide pro bono representation and does so by administering and enforcing and offer a greater level of control than a state laws that govern wages, hours and breaks, government agency that also is responsible for overtime, retaliation, workplace safety and health, representing the public interest. “It is no surprise apprenticeship training programs, and medical care that survivors who make the choice to file suit would and other benefits for injured workers. Department typically not choose to hand some control over their representatives testified that they have observed case – and their story – to a government agency,” “a direct nexus” between wage theft and labor Kish said.43 trafficking. Though the department can and does at times work with various partner agencies to combat Despite these limitations, the department is uniquely labor trafficking, representatives said it “does not positioned to pursue complaints alleging widespread have the authority to investigate labor trafficking violations in a particular workplace or that involve cases or have staff or resources dedicated specifically a large number of victims. Using its authority to to combatting labor trafficking.”46 initiate civil complaints or charges in its own name on behalf of a group or class of individuals, the Still, teams within the department would be well department may seek damages for victims, even positioned to serve at the forefront of combatting when the individuals involved would have never labor trafficking crimes in California, should they be come forward otherwise.44 Like cases involving empowered to do so. an individual survivor, these larger investigations could be triggered by a complaint or could come The Office of the California Labor Commissioner from referrals from other government agencies or could pursue labor trafficking alongside its existing sources. But the department can also initiate these work to ensure a just day’s pay in every workplace. types of cases itself, on the suspicion that the law is Teams within the office already enforce the state’s being violated or to provide assurance that it is not.45 labor laws, including minimum wage and overtime Currently, the department lacks staff to proactively requirements, child labor laws, and laws requiring LABOR TRAFFICKING: STRATEGIES TO HELP VICTIMS AND BRING TRAFFICKERS TO JUSTICE | 15 Several Multi-Agency Partnerships to Combat the Underground Economy California has established several partnerships among various enforcement agencies to combat the underground economy. The underground economy includes activities that individuals and businesses try to hide from government licensing, regulatory, tax, and law enforcement agencies, such as underpaying employees, failing to pay payroll or other taxes, improperly classifying employees, or failing to meet minimum wage, insurance and workers’ compensation obligations. These activities are estimated to rob the state of $8.5-10 billion annually in uncollected tax revenue.47 Though human trafficking and other illicit crimes, such as illegal drug sales, contribute to the underground economy, California’s existing efforts do not explicitly mandate these activities are targeted. The Labor Enforcement Task Force. Established in 2012, the task force was created to increase coordination among enforcement agencies around labor, tax and licensing law violators operating in the underground economy.48 Participating agencies share information and resources to ensure employees are paid properly and have safe working conditions. Led by the Department of Industrial Relations, membership includes the Labor and Workforce Development Agency, Employment Development Department, Contractors State License Board, Department of Insurance, Department of Tax and Fee Administration, Bureau of Automotive Repair, Alcoholic Beverage Control, and the State Attorney General and District Attorneys.49 Joint Enforcement Strike Force on the Underground Economy. Established to combat tax violations and cash-pay employment, the strike force since 2019 also conducts enforces labor, tax, insurance, and licensing law related to the underground economy. Among other duties, participating agencies may use civil sanctions and share investigative leads for felony-level criminal investigations or to pursue criminal prosecution when businesses violate the state’s labor, employment, licensing, insurance, and tax laws. Led by the Employment Development Department, membership includes the Department of Consumer Affairs, Department of Industrial Relations, Department of Insurance, Department of Justice, California Department of Tax and Fee Administration, and the Franchise Tax Board; other agencies may serve in an advisory capacity.50 Tax Recovery and Underground Economy (TRUE) Task Force. Originally established as the Tax Recovery and Criminal Enforcement Task Force, law permanently established the TRUE task force on January 1, 2020, to investigate and prosecute criminal offenses in the underground economy.51 Legislation requires the Department of Justice to establish two multi-agency investigative teams in Sacramento and Los Angeles. Because labor trafficking cases often involve tax violations or cash payments, these two investigative teams may help to detect and crack down on labor trafficking. Led by the Department of Justice, the task force includes participation from the Employment Development Department, the Department of Tax and Fee Administration, and the Franchise Tax Board. 16 | LITTLE HOOVER COMMISSION employers to carry workers’ compensation insurance. wage, high hazard industries with a prevalence for Its inspectors are empowered to audit payroll underground economy activity for investigations; records, collect unpaid wages, issue citations for some of these same industries also are prone to violations of the Labor Code, confiscate illegally labor trafficking. Teams may encounter possible manufactured goods, and seek injunctive relief to labor trafficking cases while investigating labor law prevent further violations of the law.52 And the office violations, such as wage theft, health and safety adjudicates wage claims on behalf of workers who issues, and licensing and workers compensation file claims for nonpayment of wages, overtime, or fraud. When inspectors detect or receive complaints vacation pay, particularly in industries where the that allege possible labor trafficking in the course of underground economy is most rampant. its work, the cases are referred to partners within the Department of Justice. Since 2018, the task force Within the office, a small team of four sworn police has made 11 referrals of potential human trafficking officers53 comprises the Criminal Investigations cases to the Department of Justice.56 Unit which is empowered to investigate Labor and Penal Code violations across the state and ferret out The Employment Development Department. The employers who commit wage theft and other criminal Employment Development Department employs a activities against workers. Through established specialized law enforcement unit of 28 investigators referral networks with community partners, local empowered to pursue cases of criminal violations of law enforcement, and tips from the public, this team the Unemployment Insurance Code and the Penal identifies various labor abuses and is empowered Code. Comprised of sworn peace officers, these to obtain and serve inspection search warrants. investigators partner with law enforcement agencies Officers then may conduct criminal investigations, throughout the state to identify and prosecute arrest unlawful employers for violating the state’s employer fraud and fight employment tax violations. Penal Code and labor laws, and file criminal cases They are capable of conducting surveillance, with district attorneys for prosecution.54 Additionally, performing undercover operations, interviewing department officials told the Commission the witnesses, initiating search warrants, and submitting unit may work collaboratively with state and local investigations to prosecutors.57 Intended to deter attorneys to prosecute labor trafficking aspects activities that contribute to the underground of their cases. Since its creation in 2012, the unit economy, these investigators also could help combat has encountered human trafficking in a breadth labor trafficking, particularly if a case involved an of industries, including the garment, agricultural, employer failing to file wages, pay payroll taxes, or construction, car wash, restaurant, massage parlor, pay workers compensation insurance premiums and residential care industry. A number of these for workers who were being trafficked. Currently, encounters have led to court cases.55 these investigators do not receive specific training on human trafficking, nor is labor trafficking part of their The Labor Enforcement Task Force, which is run assessment of cases.58 out of the director’s office, also could pursue labor trafficking alongside its existing work. The task Additionally, the department houses a significant force is a coalition of California state government amount of data that could help support labor enforcement agencies that work together and with trafficking investigations, such as information related local law enforcement to combat the underground to California industries, occupations, wages, and economy. The task force currently operates 10 employers. Common datasets are available on the statewide cross-agency teams that target low EDD’s Data Library59 and outside investigators who LABOR TRAFFICKING: STRATEGIES TO HELP VICTIMS AND BRING TRAFFICKERS TO JUSTICE | 17 work collaboratively with the agency on particular ◊ There is too little civil enforcement. cases can tap into these resources, but other ◊ Law enforcement officials receive little training on investigators need to work through the department’s the issue. information security office or issue a search ◊ There are few opportunities for agencies to warrant for the information – adding time to an collaborate. investigation.60 Addressing these issues presents an opportunity The Franchise Tax Board. Similarly, the Franchise for California to strengthen its enforcement of labor Tax Board employs a team of 35 sworn peace trafficking laws. officers, as well as several forensic auditors and VICTIM IDENTIFICATION AND DESIRE FOR support staff, charged with investigating income PROSECUTION tax related crimes and enforcing criminal tax As noted in the Commission’s previous reports on statutes. These specialized investigators may collect trafficking, victims, particularly newcomers to the evidence, interview witnesses and suspects, initiate U.S., may not be aware of state and federal laws that search and arrest warrants, and serve as expert protect workers’ rights and unable to articulate their witnesses or otherwise assist prosecuting attorneys victimization. As a result, they may not reach out for in pursuing criminal cases.61 In looking for egregious legal protections. To help address these challenges, tax payers who fail to file or report income, these the Commission recommended in its recent report, investigators are positioned to encounter traffickers Labor Trafficking: Strategies to Uncover this Hidden who falsify business records, pay employees in Crime, that California take steps to proactively identify cash to evade taxes, or conduct other forms of tax labor trafficking victims, increase public awareness fraud in conjunction with exploiting their workers. of the crime, and enhance worker education and Representatives from the unit work collaboratively outreach opportunities. in multi-agency teams, to combat the underground economy. Investigators already have some Once identified, many victims are still reluctant to experience combatting sex trafficking, but have engage with law enforcement and other officials. encountered fewer labor trafficking cases likely One study of trafficking victims found that only seven because law enforcement and others are less aware percent self-reported to police after escaping and of the signs, one investigator said.62 twice as many were arrested, most commonly for immigration violations, as were identified as crime Obstacles to Labor Trafficking victims.63 Researchers suggested this reticence to Enforcement Abound engage after their escape could stem from shame, fear of deportation, lack of understanding of Experts said labor trafficking is difficult to investigate American law, or fear of retribution.64 and prosecute for many reasons: Even those survivors who do come forward may ◊ Survivors may be reluctant to participate in decide not to pursue legal action against their prosecutions. traffickers. Experts note that in filing criminal ◊ Trafficking investigations are especially costly and charges, survivors must relinquish control over their time-consuming. case to prosecutors, whereas in filing civil charges, ◊ It can be difficult to prove non-physical coercion or complainants maintain some control over the force. “essential decisions shaping the case,” unless they are filing civil charges with a state agency. In those cases, 18 | LITTLE HOOVER COMMISSION COMPLEX CASES LEAD TO LENGTHY, COSTLY INVESTIGATIONS Survivor Stories: Renuka Labor trafficking cases are unique and resource As a young child in India, Renuka worked as a intensive, and require well-trained staff devoted to household servant, but said she was cared for the investigation.67 Yet, gathering evidence to support by other servants and had freedom to leave these complex cases often poses a challenge to the house. By age 11, her employers obtained prosecutors in terms of both the time involved in a visa to bring her to the U.S., seemingly investigating cases and the need to understand a to pursue a dance scholarship. However, wide array of crimes as well as how to value a victim’s once here, she labored as an indentured labor over a certain time period. servant. Prevented from leaving the house – “Labor trafficking touches a variety of industries, even to attend school – she spent her days industries prosecutors and police might not ever and nights cooking, doing housework, and have any contact or familiarity with,” Fresno caring for the family and their two children. Deputy District Attorney Lynette Gonzales told the She found herself isolated, unable to speak Commission. She reflected that in trying her labor English, and soon experienced her first panic trafficking case, she “spent an inordinate amount attack. Renuka watched American cartoons of time learning” about employment law and how to learn English and began devising her some laws differed for farm workers than other escape – starting with finding her identification types of employees. She also needed to understand documents, which her employer had hidden. unemployment compensation fraud, tax fraud, After finding her passport, Renuka walked workers compensation premium fraud, and identify out the front door to a nearby park where theft – crimes she had never before prosecuted in a woman found her and called the police. her 12-year career.68 With the help of a translator, Renuka was not made to return to her employer and landed Often, local law enforcement offices and prosecutors in a group home where she received help do not understand how to go about collecting all the from social services and immigration. She was information necessary to build strong cases, Contra placed in a loving foster home and eventually Costa County Deputy District Attorney Dana Filkowski adopted by her foster mom. Now, decades told Commissioners.69 Without specialized expertise later and with the encouragement of her own of various fields or funding for analysts to conduct daughter, Renuka is beginning to share her detailed reviews of the financial aspects of the crime survival story.66 – such as evaluating payroll and employment tax issues or determining minimum wage, overtime and working conditions to which a laborer was legally survivors may intervene in a lawsuit to protect their entitled – it is a time consuming and labor intensive own interests, but cannot dictate the state agency’s endeavor for prosecutors to corral the information decisions.65 For some survivors, traumatized by a lack needed to build a strong case. Those who overcome of control during their exploitation, the inability to these investigatory hurdles do so with time. Gonzales control the details of their case may contribute to a explained that her agricultural trafficking case – reluctance to take legal action. which she ultimately successfully litigated – took nearly two years after victims were rescued to get to trial.70 LABOR TRAFFICKING: STRATEGIES TO HELP VICTIMS AND BRING TRAFFICKERS TO JUSTICE | 19 PROVING NONPHYSICAL COERCION OR dictions have begun to purse civil enforcement FORCE options. Civil enforcement allows prosecutors To successfully prosecute labor trafficking cases in to target labor trafficking crimes by expanding California courts, attorneys must prove elements of the spectrum of offences they pursue, Alameda force, fraud, or coercion defined in the state’s Penal County District Attorney Nancy O’Malley told Code. Section 236.1(a) defines labor trafficking as the Commissioners.76 Pursuing labor law violations like act of depriving or violating the personal liberty of wage theft, workers’ compensation violations, tax another with the intent to obtain forced labor or ser- evasion, and money laundering are all examples of vices. The law further clarifies the meaning of “forced civil offenses that are more easily proved and could labor or services” as labor or services that are per- hinder an unscrupulous employer’s ability to exploit formed or provided by a person and are obtained or workers.77 maintained through force, fraud, duress, or coercion, Civil enforcement offers some unique advantages. or equivalent conduct that would reasonably With a lower civil preponderance of evidence overbear the will of the person. standard, the charges are easier to prove and Prosecutions using California law are complicated allow cases that would otherwise have been more by the general public’s lack of knowledge about the difficult to prove in a criminal proceeding to be crime and difficulty in understanding how to apply brought forward and won. Civil action may result terms like “force” or “coercion.”71 Even though many in large financial penalties as well as restitution in trafficking cases involve physical injuries and abuse,72 amounts potentially exceeding what is awarded experts said it is challenging to convey – and prove in criminal proceedings that may not award non- – that non-physical force and psychological coercion economic damages.78 Civil proceedings also can can be exerted to deprive a person of his or her result in injunctive relief that can compel a trafficker personal liberty and force a worker into submission.73 to refrain from a specific behavior and harm his or “The public immediately stops at the word force. her ability to operate. For example, Los Angeles City They’re looking for bondage or physical force, Attorneys have filed “numerous civil enforcement when we know that 80 to 90 percent or more of the actions against hotels for various illegal activities, cases are based in deception, fraud, coercion, or including human trafficking” and obtained court manipulation,” San Diego District Attorney Summer orders to require the “hotel and property owners to Stephan explained.74 change their business practices in order to curtail the illegal activity.”79 These strategies have the In her agricultural trafficking case, Fresno Deputy additional benefit of being treated separately from District Attorney Gonzales told Commissioners she criminal proceedings, allowing prosecuting agencies and her team knew it would be a challenge to prove to pursue these charges alongside or instead of her clients suffered a deprivation of liberty without criminal prosecution.80 But filing cases under charges physical force and they made every effort to locate other than trafficking also makes it difficult to identify witnesses and develop evidence to support other crime victims as human trafficking victims – an crimes.75 important figure to track if California is to understand the prevalence of this type of crime in the state. UNDERUTILIZATION OF CIVIL ENFORCEMENT Data is not available to say how frequently civil Given some of the challenges of prosecuting criminal enforcement is pursued in California’s courts. labor trafficking cases under state laws, some juris- Some jurisdictions, including Alameda and San 20 | LITTLE HOOVER COMMISSION Diego Counties and the City of Los Angeles, offer sex trafficking.86 The toolkit describes federal and examples of success-fully using civil enforcement state laws related to human trafficking, discusses to pursue labor trafficking, though it is not clear screenings and assessments to identify trafficking how common these practices are statewide. As victims, provides examples of case-related protocols, described previously, California’s Department of and includes a list of organizations that provide Fair Employment and Housing has not yet had the services for victims. opportunity to exercise its authority to initiate civil Though both important pieces, by primarily focusing trafficking complaints, but could be a useful tool on sex trafficking these tools leave voids of important particularly in geographic areas where it is difficult knowledge for court officials to join in the fight for survivors to find representation or in cases with against labor trafficking. California must better too many victims for private litigants to represent.81 prepare prosecutors and other law enforcement At the federal level, pursuing labor trafficking through personnel for effectively identifying, investigating, civil action already is common. In federal courts, 75 and prosecuting labor trafficking cases under state percent of the 227 civil human trafficking suits filed law. between 2015 and 2019 involve forced labor. Over Without specialized training on labor trafficking, the same period, less than five percent of the 996 local law enforcement agencies cannot understand criminal human trafficking cases before a federal how this is a crime; some may even believe that if a court involved forced labor.82 Legal scholar, Kathleen victim agrees to his or her working conditions that Kim, suggests that to some extent, the civil justice no crime is taking place. Victims, too, do not typically system may be filling the gap in criminal prosecutions understand what to say to generate an investigation. by pursing some relief on behalf of labor trafficking And the result is that cases do not make their way to victims.83 Additionally, some states are experimenting prosecutors, Contra Costa Deputy District Attorney with increasing penalties under their civil codes Filkowski told Commissioners.87 related to exploitation and other jurisdictions are using civil rights laws to prosecute labor trafficking cases, trafficking expert Colleen Owens told the California must better prepare Commission.84 prosecutors and other law LACK OF PUBLISHED CASE LAW AND enforcement personnel CALIFORNIA LAW TRAINING In recent years, California courts have produced a for effectively identifying, couple of tools to help court officials understand investigating, and prosecuting human trafficking. A 2012 briefing, Human Trafficking labor trafficking cases under Cases in California’s Courts: Successful Practices in the Emerging Field of Human Trafficking, provides state law. an overview of human trafficking, describes how it presents in courts, and includes successful practices Further, prosecutors and law enforcement officials for identifying victims.85 This briefing defines labor do not have at their disposal a body of published trafficking, but largely provides substantive examples case-law to help guide their state labor trafficking of sex trafficking victims and cases. More recently, investigations, nor do they have access to other a toolkit produced in 2017 for judicial officers, resources to understand how other California laws Human Trafficking in California, focuses entirely on and regulations may impact their case or to explain LABOR TRAFFICKING: STRATEGIES TO HELP VICTIMS AND BRING TRAFFICKERS TO JUSTICE | 21 Federal Recommendations to Increase Investigation and Prosecution of Labor Trafficking Since 2015, labor trafficking cases have comprised less than 5 percent of the criminal human trafficking cases heard before federal courts. The U.S. Department of State recently outlined a number of strategies for the nation to more effectively investigate and prosecute labor trafficking cases:89 ◊ Increase the number of investigations and prosecutions. ◊ Increase and diversify efforts to proactively identify potential trafficking victims among populations vulnerable to human trafficking. ◊ Ensure immigration enforcement does not hinder human trafficking criminal law enforcement or victim protections. ◊ Train prosecutors and judges to increase the number of forfeiture orders and mandatory restitution orders for trafficking victims. ◊ Increase survivor engagement. ◊ Increase enforcement of the law that prohibits the importation of goods made wholly or in part by forced labor. maintained by the Department of Industrial Relations how and what type of evidence can be used to which give rules for various entities of employment, sustain a jury trial conviction.88 Resources available including those rules governing domestic employers to explain how labor trafficking is handled by federal which she needed to understand domestic servitude. laws do not translate for officials who need to She said that to file her case as a trafficking violation understand how state laws and regulations may be under Penal Code Section 236.1, she “essentially had applied in order to investigate and prosecute state to become ‘self-taught.’”92 level cases. Indeed, the Commission heard that cases can suffer when they are prepared for and then By more inclusively addressing all forms of declined at the federal level, be-cause they were not human trafficking in trainings for California’s law built to be tried in California’s courts under state enforcement and legal community – or creating law.90 materials specific to labor trafficking – California could better prepare those in the justice system Contra Costa’s first labor trafficking case illustrates with the tools necessary to recognize and help labor some of these challenges. The case, which came to trafficking victims and bring traffickers to justice. the county after being turned down for investigation Other jurisdictions are taking steps to build state by the U.S. Attorney’s Office, was “under investigated” resources around labor trafficking. and left the lead prosecutor with “no idea how to prosecute it,” Filkowski said. She described reviewing The Kentucky Bar Foundation created a guide for the Penal Code and realizing after extensive court personnel that explains federal and state independent research that she needed to understand trafficking laws and puts them in the context of real the Labor Code, as well as 18 different wage orders91 cases, including labor trafficking cases. It describes 22 | LITTLE HOOVER COMMISSION the nexus of labor trafficking and other exploitative circumstances of a particular case and support practices, including violations of labor laws; helps prosecutions by later serving as expert witnesses court personnel understand the penalties for these in state cases.96 Yet, access to state agencies and crimes as well as the services available to victims; information that can help support investigations offers tips for maximizing restitution for victims; is limited. Though some referral mechanisms are and, describes possible civil causes of action against in place, for example to share tips of suspicious traffickers and potential civil remedies for victims.93 activity to investigative agencies, California currently lacks the formal agreements and other At the direction of the Washington Legislature, the procedures necessary for a holistic response to labor Office of Crime Victims Advocacy within the Depart- trafficking enforcement. Without memorandums ment of Commerce in 2015 established a statewide of understanding or other formally established training program on Washington’s human trafficking means to share data and critical case information, laws for criminal justice personnel including investigations could stall, adding time and cost to prosecutors, law enforcement, court personnel.94 prosecutions. By law, the training covers the state’s anti-trafficking laws, the investigation and adjudication of sex To successfully support prosecutors and bring labor trafficking cases, and encourages interdisciplinary trafficking cases to trial, California must create coordination among criminal justice personnel, opportunities for various and disparate agencies and building cultural competency, and developing an organizations to coordinate around labor trafficking understanding of the diverse victim population. investigations. Experts suggested collaboration at the Initial reports from the office describe challenges federal level between the U.S. Department of Labor finding training and resources related to labor and the U.S. Department of Justice models the type trafficking; note the distinct lack of familiarity of partnerships needed among similar entities in with labor trafficking investigations among both California.97 law enforcement and prosecutors; and ultimately Prioritizing Labor Trafficking recommend creating and funding a separate statewide training program on labor trafficking to Enforcement increase the identification and prosecution of labor trafficking cases in the state.95 California must enhance efforts to bring labor traffickers to justice through increased investigation INSUFFICIENT OPPORTUNITIES FOR and adjudication of labor trafficking crimes. The state COORDINATION AMONG RELEVANT should begin by deploying its cadre of investigative AGENCIES resources to combat this crime. The Department of Given the complex nature of labor trafficking cases, Industrial Relations, in particular, should be at the no single agency or entity is in a position to conduct forefront of investigating labor trafficking crimes and the comprehensive detailed analysis or to provide must be empowered and resourced to proactively the culturally sensitive, trauma-informed support fight this crime. In addition, the state can and should victims may need to feel comfortable understanding integrate the pursuit of labor trafficking into existing their rights and participating in the legal process. efforts to investigate and combat the underground economy. State agencies well versed in the state’s labor laws and related regulations, such as the Department of Because of the complexity of labor trafficking crimes, Industrial Relations, could help support investigations agencies – at the state and local levels – will need by determining how state law applies to the LABOR TRAFFICKING: STRATEGIES TO HELP VICTIMS AND BRING TRAFFICKERS TO JUSTICE | 23 better avenues to coordinate information about the Franchise Tax Board, and others, train leads, share investigation strategies, develop strong investigators to identify labor trafficking, develop cases for prosecutors, and serve as consultants or interview protocols to appropriately interact with expert witnesses when necessary. The Commission potential victims, and produce and use tools believes this work should be performed through to screen for labor trafficking while assessing the California Anti-Human Trafficking Council, workplace violations. as recommended in its June 2020 report, Human ◊ Provide a means for key agencies to share case Trafficking Coordinating a California Response. Until information. that permanent body is established, however, the Recommendation 3: California should standardize Administration must take formal action to ensure coordination among federal, state, and local agencies that agencies can effectively work together. around labor trafficking. California already has some tools in place to target ◊ These various agencies should establish formal various crimes inherent in labor trafficking, but must memorandums of understanding to track case do a better job ensuring traffickers are brought referrals or complaints, share relevant data and to justice. This should begin by tracking data to other case information, and identify and engage understand how many and what type of labor experts capable of providing technical assistance trafficking cases are brought forward under the and serving as witnesses. state’s Penal Code, how many are pursued through other means, and the outcomes of these cases. Recommendation 4: California should track labor trafficking enforcement activities, including criminal, Finally, aggressively targeting labor trafficking will civil, and administrative remedies, and study require law enforcement and court personnel are outcomes to identify best practices. engaged in the fight and knowledgeable about strategies to combat labor trafficking under state Recommendation 5: California should ensure that law. Prosecutors must understand what successful law enforcement and court personnel understand cases look like through civil and criminal action and how to investigate and prosecute state level cases provided the training and resources to emulate those of labor trafficking. Training should include relevant strategies. laws and regulations that apply to labor trafficking cases in various sectors and industries. Successful Recommendation 2: California should empower prosecutions should be documented in published state agencies to investigate labor trafficking crimes. case law that informs and guides future work. Specifically, lawmakers should: Get Help ◊ Mandate that the Department of Industrial Relations pursues labor trafficking alongside its If you or someone you know is a victim of human other work to combat the underground economy. trafficking, the National Human Trafficking Hotline can help. Call tool-free at 1-888-373-7888 or text at ◊ Incorporate labor trafficking into existing multi- 233-733 (Be Free). agency, multi-jurisdictional efforts to combat the underground economy. ◊ Require that designated agencies, such as the Department of Industrial Relations, the Employment Development Department, 24 | LITTLE HOOVER COMMISSION Appendix A: CAL OES’ Human Trafficking Victim Assistance (HV) Program (2016 – 2019) Demographic Data Demographic Category Demographic Characteristic: Category Total: % Total: Type of Trafficking Labor Trafficking 2,160 15.1% 14,322 Sex Trafficking 11,140 77.8% Labor & Sex Trafficking 1,022 7.1% Male Age Male Under 18 518 23.4% 2,212 Male Age 18-24 882 39.9% Male Age 25-older 757 34.2% Male Age Unknown 55 2.5% Female Age Female Age Under 18 3,143 26.1% 12,024 Female Age 18-24 4,133 34.4% Female Age 25-older 4,308 35.8% Female Age Unknown 440 3.7% Self-Described Age Self-Described Age Under 18 0 0.0% 2 Self-Described Age 18-24 1 50.0% Self-Described Age 25-older 1 50.0% Self-Described Age Unknown 0 0.0% Race/Ethnicity Caucasian 2,263 15.7% 14,454 Latino 4,131 28.6% African-American 4,757 32.9% American-Indian 142 1.0% Asian 867 6.0% Filipino 295 2.0% Pacific Islander 67 0.5% Other Not Shared / Unknown 1,147 7.9% Other Mixed Race 785 5.4% LABOR TRAFFICKING: STRATEGIES TO HELP VICTIMS AND BRING TRAFFICKERS TO JUSTICE | 25 Appendix A: Continued Primary Language English 10,794 75.9% 14,230 Spanish 2,205 15.5% American-Indian 0 0.0% Hindu 15 0.1% Korean 46 0.3% Japanese 16 0.1% Chinese 338 2.4% Southeast Asian 196 1.4% Tagalog 249 1.7% Russian 47 0.3% Other Language 324 2.3% Disability Physically Disabled 286 15.4% 1,855 Developmentally Disabled 249 13.4% Learning Disabled 576 31.1% Hearing Impaired 39 2.1% Vision Impaired 29 1.6% Other Disability 676 36.4% Labor Trafficking Victims Served County Labor Trafficking Labor & Sex Trafficking Total Percent of Total Labor Victims Victims Trafficking Victims Los Angeles 470 530 1,000 31.40% Fresno 612 63 675 21.20% Sacramento 320 139 459 14.40% Santa Clara 254 11 265 8.30% San Francisco 220 33 253 8.00% Alameda 102 42 144 4.50% Orange 70 52 122 3.80% San Diego 65 49 114 3.60% Placer 0 44 44 1.40% Ventura 15 27 42 1.30% Sonoma 17 9 26 0.80% Riverside 6 15 21 0.70% Stanislaus 7 7 14 0.40% San Bernardino 2 0 2 0.10% Monterey 0 1 1 0.00% Total: 2,160 1,022 3,182 26 | LITTLE HOOVER COMMISSION Appendix A: Continued Labor Trafficking Victims Served (continued) Data Limitations ◊ Data may contain duplicate counts of victims due to the possibility of a victim receiving services multiple times from one service provider, or from multiple service providers. ◊ Data for some organizations may be counted twice during a brief, three-month period due to overlapping funding cycles. ◊ The county referenced is based on the physical location of the service provider where the clients received services, however, they may serve clients from a broader geographic area. ◊ Much of the data came from counties with one service provider (Fresno, Monterey, Placer, Riverside, San Bernardino, San Diego, San Francisco, Santa Clara, Sonoma, Stanislaus, and Ventura), while some had two service providers (Alameda, Orange, and Sacramento) and there was one county that had four service providers (Los Angeles). ◊ The information provided is self-reported and clients were instructed to select only one category for each demographic characteristic. For example, if an individual was mixed race they could have selected “Caucasian” or “African-American” or “Other Mixed Race,” but not a combination of those responses. LABOR TRAFFICKING: STRATEGIES TO HELP VICTIMS AND BRING TRAFFICKERS TO JUSTICE | 27 Notes 1. International Labour Office. 2009. “The Cost of at https://ovc.ojp.gov/funding/awards/list?state_ Coercion.” Pages 30-32. Accessed February 4, served=CA&subtopic=5111. Note: Since 2016, 2020 at https://www.ilo.org/wcmsp5/groups/ the U.S. DOJ has also sent an additional $11.2 public/---ed_norm/---relconf/documents/ million to organizations in California to establish meetingdocument/wcms_106230.pdf. local human trafficking taskforces in seven communities and provided nearly $1.5 million to 2. Gina Buccieri-Harrington, Assistant Director of the Governor’s Office of Emergency Services to Grants Management, California Governor’s Office improve outcomes for children and youth victims of Emergency Services. May 28, 2020. Written of human trafficking. testimony to the Commission. 9. Gina Buccieri-Harrington, see endnote 2. Also, 3. California Governor’s Office of Emergency Sarah Poss, Chief of the Policy Office, Governor’s Services. 2019-20 Human Trafficking Victim Office of Emergency Services. January 14, 2020. Assistance (HV) Program Request for Application. Personal communication to Commission staff. Accessed September 18, 2020 at https:// www.caloes.ca.gov/GrantsManagementSite/ 10. SB 84 (Committee on Budget and Fiscal Review), Documents/HV19%20RFA.pdf. Chapter 25, Statutes of 2015. Also, Government Code Section 8590.6. 4. California Department of Finance, Demographics Research Unit. Report E-1 Population Estimates 11. Gina Buccieri-Harrington, see endnote 2. for Cities, Counties, and the State January 1, 2019 12. Sarah Poss, Chief of the Policy Office, Governor’s and 2020. Accessed September 18, 2020 at http:// Office of Emergency Services. August 20, 2020. www.dof.ca.gov/Forecasting/Demographics/ Personal communication to Commission staff. Estimates/e-1/. 13. California Penal Code, Section 13835.2. 5. California Department of Finance, Demographics Research Unit. 2019 American 14. Gina Buccieri-Harrington, see endnote 2. Community Survey (1-year estimates), General Demographics, California, Counties and Places 15. Governor’s Office of Emergency Services. with 65,000+ Population. Accessed September September 7, 2018. Memo Re Human 18, 2020 at http://www.dof.ca.gov/Reports/ Trafficking Advocacy Program Request for Demographic_Reports/American_Community_ Proposal 2018-19. https://www.caloes.ca.gov/ Survey/#ACS2019x1. GrantsManagementSite/Documents/HA%20RFP. pdf. 6. Note: There is variance in the totals for each demographic characteristic and thus there is no 16. Sarah Poss, see endnote 9. “official” total of clients, although we can gather that as many as 14,454 human trafficking victims 17. Angela Guanzon, Survivor Advocate. November were served. 21, 2019. Written testimony to the Commission. 7. California Department of Finance, see endnote 4. 18. Lynda Gledhill, Executive Officer, California Victim Compensation Board. May 28, 2020. Written 8. U.S. Department of Justice, Office for Victims of testimony to the Commission. Crime. Awards Listing. Accessed August 20, 2020 28 | LITTLE HOOVER COMMISSION 19. AB 629 (Smith), Chapter 575, Statutes of 2019. 28. Jamie Beck, see endnote 24. 20. California Code of Regulations, Title 2, Section 29. California Victim Compensation Board. Local 649.32.1. Effective July 1, 2020. Help for Crime Victims. County Resources Map. Accessed August 19, 2020 at https://victims. 21. Gina Buccieri-Harrington, see endnote 2. Note: ca.gov/victims/localhelp.aspx. CalOES notes that data may contain duplicate counts of victims due to the possibility of a victim 30. California Victim Compensation Board. Human receiving services multiple times from one service Trafficking. Accessed August 19, 2020 at https:// provider, or from multiple service providers. victims.ca.gov/victims/issues/humantrafficking/. 22. Kim Johnson, Director, California Department 31. California Department of Justice. Getting Help for of Social Services. July 24, 2020. Written Victims. Accessed August 19, 2020 at https://oag. communication to the Commission. ca.gov/human-trafficking. 23. Sheldon Zhang. September 13, 2012. Measuring 32. U.S. Department of Health and Human Services. Labor Trafficking: A Research Note. Crime May 2012. Services Available to Victims of Law Soc Change 58, 469-482. DOI: https://doi. Human Trafficking: A Resource Guide for Social org/10.1007/s10611-012-9393-y. Service Providers. Accessed August 19, 2020 at https://www.acf.hhs.gov/sites/default/files/otip/ 24. Jamie Beck, President and Managing Attorney, traffickingservices.pdf. Free to Thrive. November 21, 2019. Written testimony to the Commission. 33. Washington State Office of the Attorney General. Washington Trafficking Help. Accessed August 25. Jean Bruggeman, Executive Director, Freedom 19, 2020 at https://www.watraffickinghelp. Network USA. November 21, 2019. Written org/. Also, Washington State Task Force Against testimony to the Commission. Also, Jamie Beck, the Trafficking of Persons. Recommendations see endnote 24. Also, Colleen Owens, founder Matrix. August 21, 2018. Accessed August 19, and CEO of THE WHY and former Senior Research 2020 at https://deptofcommerce.app.box. Associate, Urban Institute. November 21, 2019. com/s/ci1zkrwff8h88i9jf6i2988m74h90bco/ Written testimony to the Commission. Also, U.S. file/328526792618. Department of Justice. Office of Justice Programs. Office for Victims of Crime Training and Technical 34. AB 15 (Holden), Chapter 474, Statutes of 2015. Assistance Center. Human Trafficking Task Force 35. Amanda Plisner, Deputy Attorney General and e-Guide. Using a Trauma-Informed Approach. Statewide Human Trafficking Coordinator, https://www.ovcttac.gov/taskforceguide/ Department of Justice. May 28, 2020. Written eguide/4-supporting-victims/41-using-a-trauma- testimony to the Commission. informed-approach/. 36. Amanda Plisner, see endnote 35. 26. Lynette Gonzales, Deputy District Attorney, Fresno County District Attorney’s Office. 37. California Constitution, Section 13. November 11, 2019. Written testimony to the Commission. 38. Amanda Plisner, see endnote 35. 27. Jean Bruggeman, see endnote 25. LABOR TRAFFICKING: STRATEGIES TO HELP VICTIMS AND BRING TRAFFICKERS TO JUSTICE | 29 39. Amanda Plisner, see endnote 35. September 22, 2020 at https://oag.ca.gov/bi/true. 40. Amanda Plisner, Deputy Attorney General and 52. Dominic Forrest, see endnote 46. Statewide Human Trafficking Coordinator. 53. California Penal Code, Section 830.3(g) and August 16, 2019. Personal communication with California Labor Code, Section 95. Commission staff. 54. Dominic Forrest, see endnote 46. 41. AB 1684 (Stone), Chapter 63, Statutes of 2016. 55. Department of Industrial Relations. February 42. Kevin Kish, Director, Department of Fair 27, 2012. IR #2012-09. “California Labor Employment and Housing. May 28, 2020. Written Commissioner Launches Criminal Investigation.” testimony to the Commission. https://web.archive.org/web/20120520230511/ 43. Kevin Kish, see endnote 42. http://www.dir.ca.gov/DIRNews/2012/IR2012- 09.html. Also, Benny Cheng, Regional Manager, 44. California Government Code, Sections 12960, Criminal Investigations Unit, and Pete Tuminia, 12961, 12965. Also, Kevin Kish, see endnote 42. Special Advisor to the Labor Commissioner, Department of Industrial Relations. September 45. Department of Fair Employment and Housing v. 11, 2019. Personal conversation with Commission Superior Court, 99 Cal. App. 4th 896, 901 (Cal. Ct. staff. App. 2002). Also, Kevin Kish, see endnote 42. 56. Dominic Forrest, see endnote 46. Also, 46. Dominic Forrest, Chief, Labor Enforcement Task Department of Industrial Relations. Labor Force, Department of Industrial Relations. May Enforcement Task Force. Accessed September 22, 28, 2020. Written testimony to the Commission. 2020 at https://www.dir.ca.gov/LETF/LETF.html. 47. Little Hoover Commission. March 2015. “Level 57. Employment Development Department. the Playing Field: Put California’s Underground Government Entities: Working Together to Gain Economy Out of Business.” Accessed September the Greatest Impact. Accessed September 10, 22, 2020 at https://lhc.ca.gov/sites/lhc.ca.gov/ 2020 at https://www.edd.ca.gov/payroll_taxes/ files/Reports/226/Report226.pdf. JESF_Government_Entities.htm. 48. AB 1464 (Blumenfield), Chapter 21, Statutes of 58. David Montoya, Chief and Acting Deputy 2012. Director, Investigation Division, Employment 49. Department of Industrial Relations. Labor Development Department. July 16, 2020. Personal Enforcement Task Force. Accessed September 22, communication with Commission staff. 2020 at https://www.dir.ca.gov/LETF/LETF.html. 59. Employment Development Department. EDD 50. AB 1296 (Gonzalez), Chapter 626, Statutes of Data Library Overview. Accessed September 10, 2019. Also, California Unemployment Insurance 2020 at https://edd.ca.gov/about_edd/EDD_Data_ Code, Section 329. Library.htm. 51. AB 1296 (Gonzalez), Chapter 626, Statutes of 60. David Montoya, see endnote 58. 2019. Also, Department of Justice. Tax Recovery 61. Franchise Tax Board. Improve Compliance: in the Underground Economy. Accessed 30 | LITTLE HOOVER COMMISSION Taxpayers’ Bill of Rights Annual Report to the 71. Note: For comparison, federal statute (22 U.S.C. Legislature. Accessed September 10, 2020 at §7102(3)) defines coercion as “threats of serious https://www.ftb.ca.gov/about-ftb/meetings/ harm to or physical restraint against any person;” board-meetings/2019/taxpayer-bill-of-rights/ “any scheme, plan, or pattern intended to cause improve-compliance.html. a person to believe that failure to perform an act would result in serious harm to or physical 62. Lisa Gunson, Investigation Specialist, Criminal restraint against any person;” or “the abuse or Investigation Bureau, Franchise Tax Board. threatened abuse of the legal process.” July 15, 2020. Personal communication with Commission staff. 72. Colleen Owens, see endnote 25. 63. Amy Farrell, et. al. Northwestern University and 73. Kathleen Kim, Professor of Law, Loyola Law the Urban Institute Justice Policy Center. April School. November 21, 2019. Written testimony to 2012. Identifying Challenges to Improve the the Commission. Investigation and Prosecution of State and Local 74. Summer Stephan, District Attorney, San Diego Human Trafficking Cases. Accessed September County. Little Hoover Commission Advisory 15, 2020 at https://www.urban.org/sites/default/ Meeting. January 30, 2020. Los Angeles, CA. files/publication/25526/412593-Identifying- Challenges-to-Improve-the-Investigation- 75. Lynette Gonzales, see endnote 26. and-Prosecution-of-State-and-Local-Human- Trafficking-Cases.PDF. 76. Nancy O’Malley, District Attorney, Alameda County. Little Hoover Commission Advisory 64. Colleen Owens, see endnote 25. Meeting. January 30, 2020. Los Angeles, CA. 65. Kevin Kish, see endnote 42. 77. Summer Stephan, see endnote 74. 66. Kristina Davis. November 25, 2017. “Survivor 78. Anh Truong, Supervising Deputy City Attorney, of child labor trafficking profiled in daughter’s and Rena Shahandeh, Deputy City Attorney, documentary.” The San Diego Union Tribune. Office of the Los Angeles City Attorney. Also, Kendra Sitton. December 13, 2019. “State November 14, 2019. Written testimony to the agency pushes new focus on labor trafficking.” Commission. Also, Kevin Kish, see endnote 42. San Diego Uptown News. Also, Renuka Zellars, Survivor Advocate. November 21, 2019. 79. Anh Truong and Rena Shahandeh, see endnote Testimony to the Commission. 78. 67. Amanda Plisner, see endnote 35. 80. Anh Truong and Rena Shahandeh, see endnote 78. Also, Kevin Kish, see endnote 42. 68. Lynette Gonzales, see endnote 26. 81. Kevin Kish, see endnote 42. 69. Dana Filkowski, Supervising Deputy District Attorney, Contra Costa County. June 10, 2020. 82. The Human Trafficking Institute. 2019 Federal Written testimony to the Commission. Human Trafficking Report. Accessed August 26, 2020 at https://www.traffickinginstitute.org/wp- 70. Lynette Gonzales, see endnote 26. content/uploads/2020/05/2019-Federal-Human- LABOR TRAFFICKING: STRATEGIES TO HELP VICTIMS AND BRING TRAFFICKERS TO JUSTICE | 31 Trafficking-Report_Low-Res.pdf. AttyCLEprogram_trainingmanual_web.pdf. 83. Kathleen Kim, see endnote 73. 94. Washington State Legislature. RCW 43.280.095. Statewide training on Washington’s human 84. Colleen Owens, see endnote 25. trafficking laws – training entity – report. Accessed September 21, 2020 at https://app.leg. 85. Administrative Office of the Courts. December wa.gov/rcw/default.aspx?cite=43.280.095. 2012. Human Trafficking Cases in California’s Courts: Successful Practices in the Emerging 95. Office of Crime Victims Advocacy and Public Field of Human Trafficking. Accessed August 24, Safety, Washington State Department of 2020 at https://www.courts.ca.gov/documents/ Commerce. December 2019. Human Trafficking BTB_XXII_IIH_13.pdf. Laws and Investigations. Report to the Legislature. Accessed September 21, 2020 86. Judicial Council of California. 2017. Human at https://deptofcommerce.app.box.com/s/ Trafficking in California: Toolkit for Judicial aocg76el1m0zydezrm1cuck3syhsl1bt. Officers. Accessed August 24, 2020 at https:// www.courts.ca.gov/documents/human- 96. Dana Filkowski, see endnote 69. trafficking-toolkit-cfcc.pdf. 97. Stephanie Richard, Senior Policy Advisor, 87. Dana Filkowski, Supervising Deputy District Coalition to Abolish Slavery and Trafficking. May Attorney, Contra Costa County. May 28, 2020. 28, 2020. Public comment to the Commission. Public comment to the Commission. 88. Dana Filkowski, see endnote 69. 89. U.S. Department of State. June 2020. Trafficking in Persons Report 20th Edition. Accessed June 30, 2020 at https://www.state.gov/wp-content/ uploads/2020/06/2020-TIP-Report-Complete- 062420-FINAL.pdf. 90. Dana Filkowski, see endnote 69. 91. California Department of Industrial Relations. Industrial Welfare Commission Wage Orders. Accessed September 17, 2020 at https://www.dir. ca.gov/iwc/wageorderindustries.htm. 92. Dana Filkowski, see endnote 69. 93. Priya Koul, JD and Gretchen Hunt, JD. May 2016. Seeking Justice for Victims of Human Trafficking In Kentucky: A Practical Guide for Attorneys and Judges. Accessed September 17, 2020 at https:// www.kasap.org/assets/files/Page_Editor_Files/ 32 | 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 HELP VICTIMS AND BRING TRAFFICKERS TO JUSTICE | 33 “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