You have probably heard of sex trafficking or human trafficking. But did you know that labor trafficking is also illegal and that it happens more often than most people realize?
Labor trafficking is a serious and often overlooked form of human trafficking that occurs when a person is compelled to work through force, fraud, or coercion. Unlike sex trafficking, which tends to receive more public attention, labor trafficking can hide in plain sight. It does not require the use of overt physical force, and victims live and work in our own communities.
While many people associate labor trafficking with industries like agriculture, construction, domestic work, or hospitality, it can happen anywhere, including professional settings, and among employees with advanced degrees or specialized training.
If you believe you or someone you know has been coerced into working under exploitative conditions, an experienced Florida labor trafficking lawyer can help you understand your rights and hold the responsible parties accountable.
What Is Labor Trafficking?
Labor trafficking occurs when an employer or other individual uses force, fraud, or coercion to obtain labor or services from a worker. Coercion can be financial, psychological or physical. Victims may be threatened with deportation, manipulated by repayment contracts or debt, subjected to unsafe working conditions, or have their wages withheld or confiscated entirely.
Traffickers commonly use tactics such as:
- Holding a worker’s passport, visa, or identification documents
- Threatening deportation, arrest, or harm to the worker or their family
- Withholding earned wages or paying far below what was promised
- Creating an inflated or fabricated “debt” that never gets paid off
- Using “training repayment agreements” or “stay-or-pay” clauses that charge workers steep fees for leaving a job
- Isolating workers or restricting their communication and movement
- Abusing the legal process or threatening financial ruin to intimidate a worker into staying
In some cases, these tactics are severe enough that a worker feels they have no real choice but to stay in an exploitative or abusive job, which is forced labor under both federal and Florida law.
Federal Law: The Trafficking Victims Protection Act (TVPA)
The federal Trafficking Victims Protection Act (TVPA), along with its reauthorizations (TVPRA), makes forced labor and trafficking a federal crime under 18 U.S.C. § 1595. Under this law, a victim can bring a civil claim against the person or entity responsible for the trafficking and, in some circumstances, against a company that knowingly benefited from participating in a trafficking venture.
Civil remedies under the TVPA can include compensation for unpaid wages, emotional distress damages, punitive damages, and attorney’s fees. Lawsuits generally must be filed within 10 years of the conduct that gave rise to the claim, giving victims significant time to come forward.
Florida Law on Labor Trafficking
Florida law also prohibits labor trafficking. Human trafficking, including labor trafficking, is defined under Section 787.06 of the Florida Statutes. Victims have two potential paths to civil recovery:
- Section 787.061 allows a victim to recover economic damages (like lost wages and medical bills), noneconomic damages (such as pain and suffering and emotional distress), punitive damages, and reasonable attorney’s fees and costs.
- Section 772.104(2) is part of Florida’s Civil Remedies for Criminal Practices Act, and it allows a victim to instead treat the offense like a civil theft. The victim can recover triple the amount of money the trafficker gained (called treble damages), with a minimum recovery of $200, plus reasonable attorney’s fees and court costs.
A victim generally cannot recover under both provisions against the same defendant, so choosing the right remedy matters. An attorney can help evaluate which path offers the stronger recovery based on the facts of your case.
Frequently Asked Questions
Who Is at Risk?
Labor trafficking can affect any worker, but certain groups face heightened risk, including immigrant workers, workers who are dependent on their employer for visa sponsorship or housing, workers with limited English proficiency, and workers in industries with limited oversight. That said, labor trafficking is not limited to low-wage or manual labor jobs, and it can also occur in corporate, healthcare, hospitality, and other professional environments.
What industries are affected by labor trafficking?
Labor trafficking is often associated with agriculture, construction, domestic work, and hospitality, but it can occur in any industry, including professional and white-collar settings. Victims can include workers with advanced degrees or specialized education.
What are stay-or-pay contracts and training repayment agreements?
Stay-or-pay contracts and training repayment agreements (sometimes called TRAPs) require an employee to pay their employer a large fee if they leave a job before a set date. When these fees are excessive or used to pressure an employee into staying against their will, they may support a forced labor or labor trafficking claim.
Can I sue my employer for labor trafficking?
Yes. Both federal and Florida law give victims of labor trafficking a private right of action. You can sue the individuals or entities responsible for the trafficking, and in some cases, businesses that knowingly benefited from it.
What damages can I recover in a labor trafficking lawsuit?
Depending on the law you proceed under, you may recover unpaid or withheld wages, compensatory damages, emotional distress damages, punitive damages, treble (threefold) damages under Florida’s criminal practices act, and attorney’s fees and costs.
How long do I have to file a labor trafficking claim?
The federal TVPA generally allows civil claims to be filed within 10 years of the violation.
Florida claims are governed by the limitations periods in Section 95.11 of the Florida Statutes, and depend on the specific facts of your case, so it is important to speak with an attorney promptly. For example, under Florida’s Human Trafficking statute, the claim must typically be filed within 4 years of the last incident or when the victim is freed from the trafficking situation. If claiming a civil theft, then the deadline is five years, but is paused if the State of Florida brings a criminal or civil case against the trafficker. Treating the violation as a civil theft also requires written, pre-suit notice. If the trafficker broke promises or violated a written agreement, Florida time limits are generally 5 years for a written agreement or 4 years if the promise was verbal.
What should I do if I suspect I am a victim of labor trafficking?
What to Do If You Suspect Labor Trafficking
If you or someone you know is a victim of labor trafficking, consider the following steps:
- Document what has happened, including dates, details, and any witnesses
- Save contracts, texts, emails, pay records, and other evidence
- Avoid signing any additional agreements presented by your employer
- Speak with an experienced employment lawyer to understand your legal rights and options
Document what has happened, save any contracts, texts, or emails, avoid signing additional agreements presented by your employer, and speak with an experienced employment attorney as soon as possible to understand your rights and options.
If you suspect that you or someone you know has been coerced into working under exploitative conditions, contact Amanda L. Biondolino, PLLC to discuss your legal rights and options.
