SB 62 — Employment: garment manufacturing.

Summary

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 dyeing, altering a garment's design, and affixing a label to 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 the piece rate, except as specified. The bill would impose compensatory damages of $200 per employee against a garment manufacturer or contractor, payable to the employee, for each pay period in which each employee is paid by the piece rate. 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 garment manufacturer, contractor, or brand guarantor who contracts with another person for the performance of garment manufacturing operations shares joint and several liability with any manufacturer and contractor for the full amount of unpaid wages, and any other compensation, including interest, due to any and all employees who performed manufacturing operations for any violation, attorney's fees, and civil penalties, as specified. The bill would also make garment manufacturers and contractors liable for the full amount of damages and penalties for any violation, as specified. This bill would create a rebuttable presumption in a claim filed with the Labor Commissioner to recover unpaid wages and associated penalties, if an employee has provided the Labor Commissioner with labels or other information that the commissioner finds credible relating to the identity of any brand guarantor or garment manufacturer that the brand guarantor or garment manufacturer is liable with the contractor for any amounts found to be due to the employee. 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 3 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 and brand guarantors to keep all contracts, invoices, purchase orders, work orders, style or cut sheets, and any other documentation pursuant to which garment manufacturing work was, or is being, performed for 4 years. Existing law requires the commissioner to deposit $75 of each garment manufacturer's registration fee into one 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. This bill would instead require these funds 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, brand guarantor, or contractor. Existing law precludes any employer, or other person or entity, who may be liable for a violation of any provision of the Labor Code from introducing as evidence, in an administrative proceeding contesting a citation or writ proceeding under specified provisions, books, documents, or records that are not provided pursuant to a duly served written request by the Labor Commissioner within the time the Labor Commissioner requests those books, documents, or records be produced, as specified. This bill would expand those provisions to also preclude the introduction of records not provided to the Labor Commissioner, as specified, in an administrative proceeding under the provisions described above relating to the payment of wages for the performance of garment manufacturing.

Bill Text

• Chaptered 09/27/21 - Chaptered Current pdf September 27, 2021
• Enrolled 09/14/21 - Enrolled pdf September 14, 2021
• Amended 09/03/21 - Amended Assembly pdf September 03, 2021
• Amended 08/30/21 - Amended Assembly pdf August 30, 2021
• Amended 04/08/21 - Amended Senate pdf April 08, 2021
• Introduced 12/07/20 - Introduced pdf December 07, 2020
• SB62 View text html

Action History

1. September 27, 2021

   Chaptered by Secretary of State. Chapter 329, Statutes of 2021.

2. September 27, 2021

   Approved by the Governor.

3. September 17, 2021

   Enrolled and presented to the Governor at 1:30 p.m.

4. September 10, 2021

   Assembly amendments concurred in. (Ayes 26. Noes 10. Page 2635.) Ordered to engrossing and enrolling.

5. September 10, 2021

   In Senate. Concurrence in Assembly amendments pending.

6. September 08, 2021

   Read third time. Passed. (Ayes 50. Noes 19. Page 2934.) Ordered to the Senate.

7. September 03, 2021

   Ordered to third reading.

8. September 03, 2021

   Read third time and amended. (Ayes 54. Noes 17. Page 2787.)

9. September 03, 2021

   Assembly Rule 69(d) suspended. (Ayes 59. Noes 18. Page 2780.)

10. August 31, 2021

    Read second time. Ordered to third reading.

11. August 30, 2021

    Read second time and amended. Ordered to second reading.

12. August 26, 2021

    From committee: Do pass as amended. (Ayes 12. Noes 4.) (August 26).

13. July 14, 2021

    July 14 set for first hearing. Placed on suspense file.

14. June 22, 2021

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 3.) (June 22). Re-referred to Com. on APPR.

15. June 09, 2021

    From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 2.) (June 8). Re-referred to Com. on JUD.

16. May 28, 2021

    Referred to Coms. on L. & E. and JUD.

17. May 24, 2021

    In Assembly. Read first time. Held at Desk.

18. May 24, 2021

    Read third time. Passed. (Ayes 29. Noes 9. Page 1228.) Ordered to the Assembly.

19. May 20, 2021

    Read second time. Ordered to third reading.

20. May 20, 2021

    From committee: Do pass. (Ayes 5. Noes 2. Page 1181.) (May 20).

21. May 14, 2021

    Set for hearing May 20.

22. April 20, 2021

    April 19 hearing: Placed on APPR suspense file.

23. April 09, 2021

    Set for hearing April 19.

24. April 08, 2021

    Read second time and amended. Re-referred to Com. on APPR.

25. April 07, 2021

    From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 2. Page 685.) (April 6).

26. March 25, 2021

    Set for hearing April 6.

27. March 23, 2021

    From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 0. Page 574.) (March 22). Re-referred to Com. on JUD.

28. March 10, 2021

    Set for hearing March 22.

29. January 28, 2021

    Referred to Coms. on L., P.E. & R. and JUD.

30. December 08, 2020

    From printer. May be acted upon on or after January 7.

31. December 07, 2020

    Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

• Maria Elena Durazo · Primary
• Ash Kalra · Cosponsor
• Josh Becker · Cosponsor
• Skinner · Cosponsor
• Hertzberg · Cosponsor
• Leyva · Cosponsor
• Isaac G. Bryan · Cosponsor
• Jones-Sawyer · Cosponsor
• Lena A. Gonzalez · Cosponsor
• Lena A. Gonzalez · Cosponsor
• Luz Rivas · Cosponsor
• Wendy Carrillo · Cosponsor

Votes

Subjects