1. U.S. Department of Labor Human Trafficking Wage and Hour Division U.S. Department of Labor The Role of WHD in Combating Human Trafficking

2. 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)

3. 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)

4. U.S. Department of Labor Employment 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:

5. 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:

6. 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

7. 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

8. 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:

9. 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

10. 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

11. 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

12. U.S. Department of Labor Human Trafficking and WHD “On the Ground” Every Day

13. 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

14. 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

15. 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

16. 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

17. 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:

18. U.S. Department of Labor Human Trafficking and WHD Daewoosa Samoa, Ltd. Kil Soo Lee, owner Garment factory employing 271 Vietnamese and Chinese workers producing U.S. retailer- labeled clothing Criminal case assistance examples:

19. U.S. Department of Labor Human Trafficking and WHD R & A Harvesting, Inc. Juan and Ramiro Ramos Farm labor contractors running 700-man citrus grove forced labor camps Okeechobee, Florida (Wikipedia) Criminal case assistance examples:

20. U.S. Department of Labor Human Trafficking and WHD Criminal case assistance examples: Fermin Pedro Ramos-Ramos and Laurie Ramos Domestic servitude, trafficking into forced labor, and aggravated sexual abuse Greenville, Michigan Ramos home in Eureka Township — Greenville Daily News/Greg DeKraker, Jan 24, 2007

21. U.S. Department of Labor Human Trafficking and WHD Rainbow Buffet, Inc. Yan Shu and Jing Zheng Conspiracy to harbor and induce illegal aliens, violations of labor laws Tacoma, Washington (Wikipedia) Criminal case assistance examples:

22. U.S. Department of Labor Human Trafficking and WHD El Puerto De La Union I/II, El Paisano Bar and Nightclub Luisa Medrano, et al. Trafficking, conspiracy to commit forced labor, and harboring of illegal aliens Victims smuggled from Olanchito, Honduras to Union City, New Jersey (via Houston, Texas) Criminal case assistance examples:

23. U.S. Department of Labor Human Trafficking and WHD Additional Resources Wage and Hour Division: www.wagehour.dol.govwww.wagehour.dol.gov Youth Employment: www.youthrules.dol.govwww.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

24. U.S. Department of Labor Questions?