U.S. Department of Labor

Human Trafficking

Wage and Hour DivisionU.S. Department of Labor

The Role of WHD in Combating Human Trafficking

U.S. Department of Labor

Human Trafficking and WHD

• To promote and achieve compliance with labor standards to protect and enhance the welfare of the Nation's workforce

Mission – Wage and Hour Division (WHD)

U.S. Department of Labor

Human Trafficking and WHD

• All workers are entitled to full and fair compensation for their labor, regardless of immigration status

Mission – Wage and Hour Division (WHD)

U.S. Department of LaborEmployment Standards Administration

Human Trafficking and WHD

• Fair Labor Standards Act (FLSA) of 1938, as amended

• Family and Medical Leave Act (FMLA) of 1993

• Migrant and Seasonal Agricultural Worker Protection Act (MSPA) of 1983

• Worker protections provided in several temporary visa programs

• Davis-Bacon Act (DBA) of 1931

• McNamara-O’Hara Service Contract Act (SCA) of 1965

WHD Enforces:

U.S. Department of Labor

Human Trafficking and WHD

Balances Three Complementary Strategies:

1. Enforcement (targeted and complaint-driven)

2. Education and Outreach 3. Partnerships and Collaborative Efforts

4. Public Awareness

How WHD Accomplishes its Mission:

U.S. Department of Labor

Human Trafficking and WHD

• WHD targets low-wage industries, including:

- Construction- Apparel Manufacturing- Agricultural- Automotive Maintenance and Repair- Food & Drink Establishments- Hospitals, Nursing Homes, and Health Services- Grocery Stores- Hotel and Tourist Industry

WHD Enforcement Focus

U.S. Department of Labor

Human Trafficking and WHD

• WHD works with Consulates of Mexico and other countries, along with non-governmental organizations to reach out to immigrant communities and employer industries

• To help immigrant workers understand their rights, WHD has translated numerous publications in Spanish and Asian languages, set up worker hotlines, and conducted numerous compliance assistance events to reach out to this population

WHD Partnerships and Compliance Assistance

U.S. Department of Labor

Human Trafficking and WHD

• Secure the victim/employees’ statutory right to compensation for work performed in the United States

• Determine accurate wages due in accordance with provisions within the Trafficking Victims Protection Act of 2000, Section 112(a)(2)

WHD Goals in Human Trafficking Investigations:

U.S. Department of Labor

Human Trafficking and WHD

• WHD investigations apply:

- Experience with low-wage, immigrant workers and industries

- Familiarity with industry and business practices and trends under investigation

- On-site investigations of establishments in industries where the potential for trafficking is high

Application of WHD Expertise

U.S. Department of Labor

Human Trafficking and WHD

• WHD interviews workers and employers on:

- Wages received- Hours worked- Deductions made- Transportation methods to work- Living and working conditions

How We Investigate: “On the Ground” Every Day

U.S. Department of Labor

Human Trafficking and WHD

• WHD investigative scope:

– WH Investigators have the authority to interview individuals and request payroll records when conducting investigations of potential wage or other WHD violations

– WH Investigators can identify situations where workers may be intimidated, threatened, or held against their will

How We Investigate: “On the Ground” Every Day

U.S. Department of Labor

Human Trafficking and WHD

“On the Ground” Every Day

U.S. Department of Labor

Human Trafficking and WHD

• Analysis of complicated payroll records

• Provision of technical expertise in computing accurate back wages and/or overtime

• Interviewing of potential victims of trafficking on wages and working conditions

• Reconstruction of wage entitlements

WHD Assistance After Victim Identification

U.S. Department of Labor

Human Trafficking and WHD

• 18 U.S.C. §1593 (Mandatory Restitution)

- created by TVPA of 2000, Section 112 - provided that ordered restitution be the:

“greater of the gross income or value to the defendant of the victim’s services or labor or the value of the victim’s labor as guaranteed under the minimum wage and overtime guarantees of the Fair Labor Standards Act (29 U.S.C. 201, et seq.)”

WHD Assistance After Victim Identification

U.S. Department of Labor

Human Trafficking and WHD

• Referrals from WHD:

WHD may make referrals to other agencies and social service organizations via direct liaison, or to anti-trafficking task forces

• Other agency referrals to WHD:

WHD can investigate labor violations even when underlying issues do not appear to rise to the level of human trafficking

Interagency/Task Force Referrals

U.S. Department of Labor

Human Trafficking and WHD

• First responders to instances of trafficking:

- May be unfamiliar with labor and youth employment standards (victims may be wage earners, possibly

underage, supporting others abroad or in the U.S.)

- May not recognize potential employment relationships between employers and victims

- May not identify individuals as employees subject to labor standards protection, in addition to being

victims of trafficking

Challenges in Combating Forced Labor: Awareness

U.S. Department of Labor

Human Trafficking and WHD

• Kil Soo Lee – American Samoa • Juan & Ramiro Ramos – Florida • Pedro and Laurie Ramos – Michigan• Rainbow Buffet - Washington• El Puerto De La Union / El Paisano Bar – New Jersey

Criminal case assistance examples:

U.S. Department of Labor

Human Trafficking and WHD

Daewoosa Samoa, Ltd.Kil Soo Lee, owner

Garment factoryemploying 271 Vietnameseand Chinese workersproducing U.S. retailer-labeled clothing

Criminal case assistance examples:

U.S. Department of Labor

Human Trafficking and WHD

R & A Harvesting, Inc.Juan and Ramiro Ramos

Farm labor contractorsrunning 700-man citrus grove forcedlabor camps

Okeechobee, Florida (Wikipedia)

Criminal case assistance examples:

U.S. Department of Labor

Human Trafficking and WHD

Criminal case assistance examples:

Fermin Pedro Ramos-Ramosand Laurie Ramos

Domestic servitude, trafficking into forced labor,and aggravated sexualabuse

Greenville, Michigan Ramos home in Eureka Township — Greenville Daily

News/Greg DeKraker, Jan 24, 2007

U.S. Department of Labor

Human Trafficking and WHD

Rainbow Buffet, Inc.Yan Shu and Jing Zheng Conspiracy to harbor and induceillegal aliens, violations of labor laws

Tacoma, Washington (Wikipedia)

Criminal case assistance examples:

U.S. Department of Labor

Human Trafficking and WHD

El Puerto De La Union I/II,El Paisano Bar and NightclubLuisa Medrano, et al.

Trafficking, conspiracy tocommit forced labor, andharboring of illegal aliens Victims smuggled from Olanchito, Honduras to Union City, New Jersey (via Houston, Texas)

Criminal case assistance examples:

U.S. Department of Labor

Human Trafficking and WHD

Additional Resources

• Wage and Hour Division: www.wagehour.dol.gov

• Youth Employment: www.youthrules.dol.gov

• Nationwide Toll-Free Help: Able to Translate in 150 Languages 1-866-4-USWAGE / (1-866-487-9243)

• Employment Law Guide: www.dol.gov/asp/programs/guide.htm

U.S. Department of Labor

Questions?