                                 CODE OF VIRGINIA

HUMAN TRAFFICKING HOTLINE; POSTED NOTICE REQUIRED; CIVIL PENALTY (§ 40.1-11.3)

A. Any employer who (i) operates a business that provides entertainment commonly
called stripteasing or topless entertaining or entertainment that has employees
who are not clad above or below the waist and (ii) fails to post notice of the
existence of a human trafficking hotline to alert potential human trafficking
victims of the availability of assistance, is subject to a civil penalty of
$500. Civil penalties under this subsection shall be assessed by the Department
and paid to the Literary Fund. The notice required by this subsection shall be
posted in the same location where other employee notices required by state or
federal law are posted. The provisions of this subsection shall not apply to
businesses described in this subsection providing entertainment in theaters,
concert halls, art centers, museums, or similar establishments that are devoted
primarily to the arts or theatrical performances, when the performances that are
presented are expressing matters of serious literary, artistic, scientific, or
political value.

B. Any employer who (i) operates a truck stop and (ii) fails to post notice of
the existence of a human trafficking hotline to alert possible witnesses or
victims of human trafficking of the availability to report crimes or gain
assistance, which failure is not cured within 72 hours following notification to
the employer of such failure by the Department, is subject to a civil penalty of
$100 per truck stop. Civil penalties under this subsection shall be assessed by
the Department and paid to the Literary Fund, provided that no civil penalty
shall be assessed under this subsection prior to January 1, 2014. The notice
required by this subsection shall be posted in the same location where other
employee notices required by state or federal law are posted. As used in this
subsection, &#8220;truck stop&#8221; means a facility that is capable of fueling
a qualified highway vehicle that bears an IFTA identification marker as those
terms are defined in &#xA7; 58.1-2700.

C. The Department shall (i) determine the content of the notice which shall
include the National Human Trafficking Resource Center Hotline, (ii) determine
the size of the notice, (iii) determine the languages in which the notice is to
be posted, and (iv) publish the notice size and notice languages, and make the
notice available in each of those languages, on the website of the Department
and by any other means of publication the Department deems appropriate. The
Department is not otherwise required to produce or distribute the notice. An
employer is not required to use a notice produced by the Department, provided
the notice complies with guidelines established by the Department. The
Department may certify that a notice produced by an employer or other entity
complies with the requirements of this section.

HISTORY: 2012, c. 630; 2013, c. 304.