The State of California Department of Industrial Relations requires all garment industry businesses to submit a Public Health License as part of the registration process. However, garment industry businesses that do not manufacture garments do not require a Public Health License. These include:. Environmental Health can conduct a site evaluation to confirm if a garment industry business does not require a public health license and provide a notice to the State of California Department of Industrial Relations.
Any place, building or structure, room or portion thereof, where apparel, garments and accessories are cut, sewed, assembled, embroidered, silk screened, or otherwise made, decorated, or finished, from fabrics and similar materials.
This includes suits, coats, work clothing, and other furnishings; outerwear and undergarments; hats, caps and millinery; fur goods; miscellaneous apparel and accessories.
Garment manufacturing establishment includes any place, building or structure, room or portion thereof, where graders, pattern makers, and sample makers of fabrics and similar materials are located. Garment manufacturing complexes are buildings that house two or more garment manufacturing businesses.
These buildings are inspected for compliance with general sanitation, maintenance, vermin exclusion, and building access requirements.
This includes, but is not limited to, inspection of restroom facilities, hallways, stairways, waste collection, and exit ways. Workers and the public can report problems at garment manufacturing facilities by calling Environmental Health at or file a complaint online. All projects are set up and managed by a team with over 30 years of experience and undergo a rigorous quality control process before being packaged and shipped from our clothing factory at Los Angeles.
We have the most modern machinery and all the necessary equipment in our garment factory located in Los Angeles. Way Out West is also a proud member of the National Safety Council which seeks to reduce accidents and injuries in workplace environments through information, education and training. Updated: The governor signed this bill Sept. But garment manufacturers say the pandemic provided an unexpected boon to their business in the U.
This is a golden window. Workers in those shops and academics who study the garment industry have told CalMatters that underground operations are able to move among buildings seemingly overnight in order to avoid detection. Los Angeles is the center of apparel manufacturing — indeed, this year, a Vietnamese denim manufacturer opened up shop there.
SB 62 would eliminate paying garment workers by the piece, unless they collectively bargain for a per-piece rate. It would also introduce the concept of brand liability to the garment industry, its most controversial aspect. The brand guarantor provision would extend the liability for wage theft from the factories themselves to the brands and retailers that sell the clothes, as well as any subcontractors in between.
Wilson pays most of his employees hourly, but three of the workers are paid by the piece for higher-skilled garment jobs, and Wilson said they are his three highest-paid employees.
SB 62 makes California the first state to require an hourly minimum wage for garment workers by banning piece rate pay. SB 62 expands the definition of a garment manufacturer and extends the scope of liability for wage and hour violations to clothing brands—and likely some retailers.
Piece-rate compensation plans are common in numerous industries. Piece-rate compensation allows an employer to pay an employee a fixed amount of money for each piece or unit produced, regardless of the number of hours the employee worked. As a result, employers can tie labor costs to output and employees who are more productive receive greater compensation than less productive employees. Nonetheless, all employees still must receive at least minimum wage for all hours worked, meaning that weekly compensation must result in an hourly wage that is at least equal to minimum wage.
Additionally, overtime compensation requirements still apply. In addition to the change in compensation for garment workers, SB 62 expands liability for wage and hour violations. Consequently, the potential cost for a case involving numerous employees could be substantial.
Garment workers can enforce their rights under the new law simply by filing a claim with the California Labor Commissioner. An employee may establish a presumption of liability with as little as a brand label. While SB 62 does not provide a private right of action, it sets a very low evidentiary bar for complainants and creates a burdensome and complicated hearing process for respondents.
SB 62 creates a rebuttable presumption that a garment manufacturer or brand guarantor is liable with the contractor for any amounts found owed to the employee. Further, the Labor Commissioner now has enforcement powers to issue a stop order or citation. SB 62 also modifies recordkeeping requirements, which now extend to any entity in the chain of the garment manufacturing process, including brand guarantors.
Under the current law, every employer engaged in the business of garment manufacturing must keep certain records for three years, including, among other things, contract worksheets indicating the price per unit agreed to between the contractor and manufacturer. However, SB 62 significantly expands the recordkeeping requirement. Starting January 1, , garment manufacturers, contractors, and brand guarantors now must keep all contracts, invoices, purchase orders, work orders, style or cut sheets, and any other documentation related to garment manufacturing performance for four years.
California has the highest concentration of garment industry workers in the country. Businesses with any questions or concerns about compliance should consult with experienced employment law counsel.
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