NY Penal Law § 135.35: Labor Trafficking
What is Labor Trafficking?
The term “labor trafficking” is a contemporary term that basically means slavery. It speaks of making a person perform work by the use of force, fraud, or coercion. There are numerous types of labor trafficking, including forcing a person to work to pay off a debt, making someone do work by giving that person drugs, or forcing a person to work for very low or no pay by withholding that person’s passport.
Elements of Labor Trafficking
You could be prosecuted for the crime of labor trafficking under New York Penal Law § 135.35 if you induce a person to work under the following circumstances:
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(212) 300-5196| 1 | Giving the person drugs |
| 2 | For the purpose of repaying a debt where fraud was a factor |
| 3 | Withholding a passport or other immigration document to coerce them |
| 4 | Using physical force to coerce them |
| 5 | Using a coercion threat against them, saying you will do one of the following: inflict physical injury, damage their property, kidnap or unlawfully imprison them or someone they care about, accuse the person of a crime, expose a person’s secret, testify or withhold testimony in court, or abuse the authority of an official office to another person’s detriment. |
Labor trafficking is categorized a class D felony.
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You manage a restaurant and recently discovered that the owner has been confiscating workers' passports and threatening to report their immigration status unless they work 16-hour shifts without overtime pay. Several employees have confided in you that they feel trapped and are afraid to leave or contact authorities.
Could the restaurant owner face labor trafficking charges under New York law, and what should I do to protect these workers?
Under NY Penal Law § 135.35, labor trafficking is a class B felony that occurs when a person compels another to provide labor or services by means of force, threats, fraud, or abuse of a person's immigration status. Confiscating passports and using immigration threats to coerce workers into exploitative conditions are textbook examples of the coercive tactics this statute was designed to address. You should report the situation to the New York State Department of Labor's Anti-Trafficking Unit or the National Human Trafficking Hotline at 1-888-373-7888, as workers may also be eligible for T-visa protections regardless of their immigration status. Acting quickly is critical because the owner could face up to 25 years in prison upon conviction, and the victims may be entitled to restitution for unpaid wages and damages under both state and federal trafficking laws.
This is general information only. Contact us for advice specific to your situation.
