©2023 Seyfarth Shaw LLP www.seyfarth.com 2023 Cal-Peculiarities | 407 Not only is infant labor in the entertainment industry affected by recent laws, but the labor of older minors is as well. As of 2020, minors between the ages of 14-17 must complete training in sexual harassment prevention, retaliation, and reporting resources before they can obtain a work permit.23 20.6 Human Trafficking A non-traditional employment law is the California Transparency in Supply Chains Act of 2010, which requires retail sellers and manufacturers doing business in California and having at least $100 million in annual worldwide gross receipts to disclose, on their website, their efforts to eradicate slavery and human trafficking from their direct supply chains for tangible goods offered for sale.24 The remedy for a violation would be an injunction secured by the California Attorney General.25 The California Attorney General has issued a detailed 50-page resource guide.26 Further, certain businesses (e.g., truck stops, bus stations) must post notices providing hotline numbers to use to report incidents of human trafficking.27 The FEHA requires hotel and motel employers to provide 20 minutes of human trafficking awareness training to employees likely to come into contact with victims of human trafficking (including those who work in a reception area, perform housekeeping duties, help customers in moving possessions, or drive customers). Employees must be trained by January 2020 and must be trained every two years thereafter. For new employees hired after July 1, 2019, training must be completed within six months after hire. The training must prepare employees to recognize the signs of human trafficking, to distinguish between labor and sex trafficking, and to report suspected trafficking to the appropriate law enforcement agencies.28 Operators of mass transit intercity passenger rail systems, light rail systems, and bus stations must provide 20 minutes of training to employees who may interact with victims of human trafficking or who are likely to receive reports about suspected human trafficking.29 The training must include (1) the definition of human trafficking, including sex trafficking and labor trafficking, (2) myths and misconceptions about human trafficking, (3) physical and mental signs that may indicate that human trafficking is occurring, (4) guidance on how to identify individuals who are most at risk for human trafficking, (5) guidance on how to report human trafficking, including, but not limited to, national hotlines and contact information for local law enforcement agencies, and (6) protocols for reporting human trafficking when on the job.30 While the failure to report human trafficking does not itself cause liability for the above businesses,31 an establishment or business that fails to comply after notice of non-compliance is liable for a $500 civil penalty for a first offense and a $1,000 civil penalty for each further offense.32 20.7 Garnishments California employers must not discharge an employee for being subject to garnishment for the payment of one judgment.33 Under Family Code provisions, California employers must not rely on a wage-assignment support order to deny hire, to discharge, to discipline, to deny a promotion, or to take any other adverse employment action. Violations of this prohibition subject employers to civil penalties of up to $500.34 Historically, the amount of California wages protected from garnishment reflected the federal minimum wage, but now the amount of California wages exempt from garnishment must reflect either the state minimum wage or the local minimum wage, whichever is higher. The amount of weekly wages subject to levy under an earnings withholding order cannot exceed either 25% of the debtor’s disposable earnings or one-half of the debtor’s weekly disposable earnings exceeding 40 times the applicable minimum wage.35 Starting on September 1, 2023, SB 1147 will limit garnishments to the lesser of 20% of the employee debtor’s disposable earnings for that week or 40% of
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