MISREPRESENTATIONS IN LABOR TRAFFICKING: STATE LAW AS AN ALTERNATIVE THEORY OF LIABILITY FOR RECRUITERS.

When addressing labor trafficking of migrants, the focus is typically on prosecuting the traffickers directly involved in obtaining a victim’s labor, but traffickers cannot exploit labor without victims. Research has shown that recruiters, both those intending to provide labor traffickers with victims and those who have no knowledge of the subsequent exploitation perpetrated by the supposed employer, often misrepresent job opportunities to migrants. Both types of recruiters profit off of the exploitation of migrants and ultimately continue to propagate labor trafficking. To effectively deter trafficker-recruiters and ensure independent recruiters are acting ethically, an all-encompassing method of accountability needs to be established. Federal anti-trafficking and state employment agency law appear to address misrepresentations made during recruitment, but each comes with issues that limit their applicability. This Note therefore proposes a model statute that pulls the best parts of federal and state law to effectively address both trafficker-recruiters and independent recruiters. Regardless of any realistic application, the model statute’s language highlights the benefits and drawbacks of using federal versus state law to hold recruiters accountable. [ABSTRACT FROM AUTHOR]