Current through Session Law 2024-53
Section 130A-511 - [Effective 7/1/2025] Human trafficking awareness training(a) Definitions. - The following definitions apply in this section:(1) Employee. - As defined in G.S. 130A-492.(2) Employer. - As defined in G.S. 130A-492.(3) Lodging establishment. - As defined in G.S. 130A-492.(4) Third-party contractor. - A person not employed by a lodging establishment who contracts with the lodging establishment to provide services for the lodging establishment.(b) Training Development and Availability. - The Department of Labor shall do all of the following: (1) In consultation with the North Carolina Human Trafficking Commission, the North Carolina Restaurant and Lodging Association, and the Department of Health and Human Services, develop a training course, or identify existing training courses, to inform and educate individuals about human trafficking.(2) Ensure the training developed or identified pursuant to this subsection is accessible electronically, in person, or in a classroom setting, without charge, to individuals required to complete the training. The Department of Labor shall not otherwise make the training readily available to the public.(c) Lodging Establishment Requirements. - A lodging establishment shall do all of the following: (1) Ensure that employees of the establishment who perform housekeeping services, provide food or beverage services, or perform check-in and check-out duties receive human trafficking awareness training as required by this section. Each lodging establishment shall maintain a training log with the name of the employee, date of training, and name of the approved training course. The log shall be made available to the Department of Labor if requested, and records for each employee shall be retained for at least three years after the employee has left employment.(2) Implement a procedure for the reporting of suspected human trafficking to the National Human Trafficking Hotline or to a local law enforcement agency.(3) Prominently display on the premises in a place that is clearly conspicuous and visible to employees and the public a public awareness sign that contains the National Human Trafficking Resource Hotline information. The Department of Labor shall consult with the North Carolina Restaurant and Lodging Association in developing public awareness signage language.(d) Third-Party Contractor Requirements. - A third-party contractor shall ensure that any employee of the third-party contractor who performs housekeeping services at the lodging establishment, provides food or beverage services on site at the lodging establishment, or performs check-in and check-out duties at the lodging establishment receive human trafficking awareness training as required by this section.(e) Training Frequency. - Employees of lodging establishments and third-party contractors that begin employment on or after July 1, 2025, shall complete the training required by this section within 60 days of first providing services to the lodging establishment, and every two years thereafter. Persons employed by a lodging establishment or third-party contractor prior to July 1, 2025, shall complete the training required by this section no later than June 30, 2027, and every two years thereafter.(f) Penalty. - The Department of Labor may impose an administrative penalty against any lodging establishment or any third-party contractor who willfully and knowingly violates the requirements of this section in the amount of five hundred dollars ($500.00) for the first violation, one thousand dollars ($1,000) for the second violation, and two thousand dollars ($2,000) for the third and each subsequent violation. The clear proceeds of penalties assessed under this subsection shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2.(g) No Private Right. - Nothing in this section shall (i) be construed as creating a private cause of action against a lodging establishment, or its employees, for any act or omission arising out of the requirements of this section or (ii) in any way limit or impair the rights or remedies which are otherwise available to a victim of human trafficking under any other law.N.C. Gen. Stat. § 130A-511
Added by 2024 N.C. Sess. Laws 26,s. 1, eff. 7/1/2025.