Ahead of Labor Day, Attorney General Rob Bonta issued a consumer alert warning California workers to be vigilant against employers who engage in labor trafficking, wage theft, and worker misclassification. Labor trafficking involves exploiting vulnerable individuals for labor through force, fraud, duress, or coercion.
"Labor trafficking is a crime that involves forcing or coercing people to perform labor or services. This Labor Day, and all days, I urge Californians — especially those in domestic service and the agricultural, hospitality, and construction fields — to be aware of the signs of labor trafficking and speak up if you or someone you know is being exploited at work," said Attorney General Bonta. "Californians of all legal statuses must be treated with dignity on the job — California law generally prohibits law enforcement authorities from asking individuals about their immigration status. As the People's Attorney, I am proud to use the full weight of my office to protect our most vulnerable workers from abuse and exploitation."
Labor trafficking involves depriving a worker’s liberty with the intention of obtaining forced labor. It can include recruitment, harboring, or transportation of people for labor services through force or coercion. Traffickers often use tactics such as withholding legal documents to prevent workers from leaving and may claim that a worker owes them a debt.
Labor trafficking can occur in various workplaces including homes and industries like domestic service, restaurant work, janitorial work, factory work, migrant agricultural work, the cannabis industry, and construction. One in five victims works in private homes where their exploitation often goes undetected.
Traffickers frequently share cultural origins with their victims which they exploit to ensure compliance. They may tell workers they will not be believed by authorities or threaten deportation. Victims are often isolated and taught to trust no one but their traffickers.
For help recognizing signs of labor trafficking visit here. If you suspect someone is being forced into any activity they cannot leave call the National Human Trafficking Hotline at 1-888-373-7888 or 9-1-1 if there is immediate danger.
California law prohibits law enforcement from asking about immigration status unless necessary for certifying U visa (victim of crime) or T visa (human trafficking victim). For assistance contact the California Department of Justice's Victims' Services Unit at 1-877-433-9069 or email VictimServices@doj.ca.gov.
Wage theft occurs when employers do not pay owed wages which historically has been treated as civil matters but is now recognized as criminal when intentional. From 2014 to 2023 California workers lost an average $2.3-$4.6 billion from unpaid minimum wages affecting low-wage sectors like garment factories and restaurants.
Common examples include underpayment below minimum wage per hour; denial of meal breaks; non-payment for overtime; unauthorized paycheck deductions; bounced checks; delayed final wages; among others.
Misclassification happens when employees are wrongly classified as independent contractors avoiding payroll taxes and other benefits like minimum wage compliance leading to loss of protections such as family leave rights.
To report misclassification visit the Labor Commissioner's Office here.
Attorney General Bonta emphasized his commitment to defending workers' rights through various sections within his office dedicated towards enforcing laws protecting Californian workers including recent convictions related human trafficking charges against members operating Rainbow Bright targeting Filipino immigrants using threats arrest false promises regarding immigration assistance resulting prison sentences announced February 2023
For more information on labor trafficking visit here.