Thursday, April 14, 2016

Legislative Update: Some Illinois Employers Must Now Post a Notice on Human Trafficking


April 2016
By Anthony J. Caruso, Jr., Esq.

The trafficking of human individuals for the purpose of slavery and/or prostitution is a horrendous crime against humanity. A new Illinois law seeks the help of Illinois businesses to combat such trafficking.

The Human Trafficking Resource Center Notice Act become effective January 1, 2016.

WHAT EMPLOYERS/BUSINESSES ARE COVERED UNDER THE LAW? 
  • Liquor Stores
  • Adult Entertainment Facilities
  • Airports, Bus Stations, Rail Stations and Truck Stops
  • Emergency Rooms and Urgent Care Centers
  • Farm Labor Contractors and Privately Operated Job Recruitment Centers
WHAT MUST THE COVERED EMPLOYER/BUSINESS DO UNDER THE LAW?
  • Post a Notice with the National Human Trafficking Resource hotline number in a conspicuous place.Notice must be at least 8 ½ by 11 inches in size, written in a 16-point font.
  • Notice must be posted in English, Spanish and in one other language that is the most widely spoken in the county where the establishment is located and for which translation is mandated by the federal Voting Rights Act.
  • Notice must state the following:
    • If you or someone you know is being forced to engage in any activity and cannot leave, whether it is commercial sex, housework, farm work, construction, factory, retail, or restaurant work, or any other activity, call the National Human Trafficking Resource Center at 1-888-373-7888 to access help and services.
WHAT IS THE PENALTY FOR FAILING TO POST THE NOTICE? 
  • A civil penalty of $500 for a first offense and $1,000 for each subsequent offense to be enforced by the Illinois Department of Labor.
As such, the Illinois Department of Labor has a model notice available for download on the Department’s website: https://www.illinois.gov/idol/Laws-Rules/FLS/Pages/Human-Trafficking-Resource-Center-Notice-Act.aspx.

Under this new law, some Illinois employers have another Notice Poster to be placed in the workplace. Be careful to comply if you are covered under this law.

Questions? Contact Anthony J. Caruso, Jr. of Wessels Sherman’s St. Charles office at (630) 377-1554 or via email at ancaruso@wesselssherman.com