AB 1362 extends crucial protections for immigrant workers to all industries that recruit foreign labor
SACRAMENTO – Assemblymember Ash Kalra’s (D-San José) Assembly Bill (AB) 1362, The Human Trafficking Prevention and Protection Act for Temporary Immigrant Workers, passed the Assembly Floor. AB 1362 would close a loophole in SB 477 (Steinberg, Chapter 711, Statutes of 2014) by requiring that all foreign labor recruiters (FLRs) register with the Labor Commissioner, not just those who recruit workers through the H-2B visa category. With rollbacks on worker protections at the federal level and changing border policies, AB 1362 is urgently needed to prevent human trafficking and protect law-abiding businesses.
“For a decade, hundreds of thousands of temporary immigrant workers have been left without the protections against predatory recruitment tactics that California has extended to H-2B visa holders. AB 1362 will rightfully close this harmful loophole by clarifying all foreign labor recruiters must comply with the state’s existing registration requirement and worker protections,” said Assemblymember Kalra. “Thank you to my colleagues for supporting this long overdue measure that will ensure all immigrant workers are protected at such a critical point of recruitment where they face the highest risk of exploitation.”
With the simple clarifying change proposed by AB 1362, California will prohibit FLRs from charging workers recruiting fees, specify fair contractual terms in the recruiting and employment process, provide legal remedies for workers harmed by violations of the law by both FLRs and employers, outlaw retaliation against workers exercising their rights under the law, and impose a bonding requirement on FLRs to provide funds to cover violations. These requirements will cover all foreign labor recruiters who recruit workers under all visa categories with only two exceptions: J-1 visas and talent agency recruiters, who are already governed under a more restrictive licensing program.
Advocates say the bill’s clarity and enforceability will have immediate impact on the ground:
“AB 1362 strengthens enforcement where it matters most—at the point of recruitment—ensuring our laws don’t stop short at the border,” said Stephanie Richard, Director of the Sunita Jain Anti-Trafficking Initiative at Loyola Law School. “We’ve seen firsthand how gaps in oversight allow abusive recruiters to operate unchecked. This bill closes that gap with practical, enforceable protections. We applaud Assemblymember Kalra’s leadership and urge the Senate to act with the same urgency to safeguard human rights and fulfill the promise of California’s anti-trafficking laws.”
AB 1362 is co-authored by Assemblymembers Connolly (D-San Rafael), Lee (D-San José), McKinnor (D-Inglewood), Ortega (D-San Leandro), and Stefani (D-San Francisco), and Senator Wahab (D-Hayward).
AB 1362 is co-sponsored by CHIRLA, Farmworker Justice, Freedom United, Justice at Last, Pilipino Workers Center of Southern California, Santa Clara County Wage Theft Coalition, and Sunita Jain Anti-Trafficking Initiative.
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Assemblymember Ash Kalra represents California’s 25th Assembly District, which encompasses the majority of San José, including downtown and open space areas in southeast Santa Clara County. He was first elected in 2016, becoming the first Indian American to serve in the California Legislature in state history, and was re-elected to his fifth term in 2024. Assemblymember Kalra is the Chair of the Committee on Judiciary and also serves as a member on the Housing & Community Development, Labor & Employment, Natural Resources, and Utilities & Energy committees.