On January 1, 2022, amendments to Illinois’s Lodging Services Human Trafficking Recognition Training Act (820 ILCS 95/) took effect, ostensibly adding restaurants and truck stops to the act’s purview. Under the amended act, “a lodging establishment, restaurant, or truck stop shall provide its employees with training in the recognition of human trafficking and protocols for reporting observed human trafficking to the appropriate authority.”

However, as written, the act, which already applied to lodging establishments such as hotels, motels, and casino hotels, is ambiguous as to its application to restaurants and truck stops that are unaffiliated with such lodging establishments. For instance, the act provides that “employees must complete the training within 6 months after beginning employment in such role with the lodging establishment and every 2 years thereafter if still employed by the lodging establishment.” (Emphasis added.)

Further, the act defines “employee” as a person “employed by a lodging establishment who has recurring interactions with the public, including, but not limited to, an employee who works in a reception area, performs housekeeping duties, helps customers in moving their possessions, or transports by vehicle customers of the lodging establishment.” (Emphasis added.)

Therefore, under the plain language of these provisions, employees of restaurants and truck stops who are not also employed by lodging establishments would appear not to be covered...

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