Open States' stated mission is to improve civic engagement.
To be true to that goal, we can not stand by and be silent when a large portion of Americans face systemic racism and other forms of oppression. That oppression has meant being excluded from civic participation at the ballot box, being called un-American for peaceful protests, and being denied justice for crimes committed against them.
Existing law makes garment manufacturers liable for guaranteeing payment of wages to employees of their contractors.
This bill would expand the definition of garment manufacturing to include dying, altering a garment's design, and affixing a label on a garment. The bill would prohibit any employee engaged in the performance of garment manufacturing to be paid by the piece or unit, or by piece rate, except as specified.
This bill would define "brand guarantor" for purposes of these provisions as a person contracting for the performance of garment manufacturing, as specified, regardless of whether the person with whom they contract performs manufacturing operations or hires a contractor or subcontractor to perform manufacturing operations. This bill would specify that a person who is engaged in garment manufacturing who contracts with another person for the performance of garment manufacturing operations shares joint and several liability with a contractor and a brand guarantor for all civil legal responsibility and liability for all workers employed by the contractor. The bill would also require those parties to guarantee the payment of unpaid minimum wages, overtime pay, break premiums, and other damages and penalties, and to guarantee failure to secure valid workers' compensation coverage, as specified.
This bill would create a rebuttable presumption in a claim filed with the Labor Commissioner to recover unpaid wages, if an employee has provided the Labor Commissioner with labels from a brand guarantor or garment manufacturer, that the brand guarantor or garment manufacturer is a guarantor with respect to the claim, as specified. The bill would also give the Labor Commissioner authority to enforce these provisions by issuing a stop order or a citation.
Existing law requires every employer engaged in the business of garment manufacturing to keep certain records for three years, including, among other things, contract worksheets indicating the price per unit agreed to between the contractor and manufacturer.
This bill would also require every employer engaged in the business of garment manufacturing to keep all contracts, invoices, purchase orders, work orders, style or cut sheets, and any other documentation pursuant to which work was, or is being, performed for three years.
Existing law requires the commissioner to deposit $75 of each garment manufacturer's registration fee into a separate account to be disbursed by the commissioner only to persons determined by the commissioner to have been damaged by the failure to pay wages and benefits by a garment manufacturer, contractor, or subcontractor. Existing law requires the commissioner to promulgate all regulations and rules necessary to carry out the provisions of this part. The commissioner, upon good cause, may impose, in their discretion, the terms of penalties, the revocation of registrations, and the confiscation or disposal of goods in accordance with those rules and regulations.
This bill would name the separate account into which a portion of a garment manufacturer's registration fee is deposited the Garment Manufacturers Special Account. The bill would require the Labor Commissioner to determine which claims for payment from the Garment Manufacturer's Special Account are accepted, and the amount of money, if any, that is to be disbursed from the account on an accepted claim, based upon consideration of specified information, including, among other things, the claimant's declaration under penalty of perjury containing information about attempts made by the employee or their representative to satisfy the claim and collect the recovery from the employer and the employer's surety bond, if any. Because this bill would expand the crime of perjury, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.