Sunday, November 27, 2022

Garment Industry Job Killer Moves Forward in Assembly

A California Chamber of Commerce-opposed job killer bill that increases costs and liability for nonunionized employers in the California garment manufacturing industry passed the Assembly Judiciary Committee this week.

SB 62 (Durazo; D-Los Angeles) places enormous burdens on employers in the clothing industry, presumes that entities with no control over garment workers are liable for an employee’s entire wage claim and includes punitive enforcement measures.

The bill fails to address the root cause of the problems that exist in the garment industry: the need for increased enforcement of existing laws and education of workers and employers about California labor laws.

SB 62 will put employers in the garment industry — already suffering from the financial crisis of the pandemic — out of business or force them to move operations outside of California.

Current Law

California law requires all businesses engaged in garment manufacturing to register with the California Labor Commissioner and pay a registration fee. Those fees go toward processing garment worker wage claims and to a restitution fund called the Garment Manufacturers Special Account to pay wage claims where the Labor Commissioner is unable to collect from a business.

Manufacturers are jointly liable for the wages of the employees of garment contractors with whom they directly enter into contracts, just like other companies that exercise control over an employee’s working conditions.

SB 62

SB 62 seeks to significantly broaden existing joint liability by instituting a presumption that any company involved in a laundry list of garment-related activity in California, including a licensor, is liable for all wages and associated penalties sought by a garment worker, even if that company has no control over those workers.

SB 62 imposes joint and several liability for wage violations on any company that contracts with another person for garment manufacturing. That liability applies to a new category of companies defined as “brand guarantors,” which includes any person or entity in the clothing industry, such as dry cleaners, any company that licenses its brand to other entities, and small and large retailers that produce, dye, affix labels to or otherwise alter clothing in California.

Although SB 62 supporters claim the bill is needed because garment workers aren’t paid minimum wage or overtime and aren’t provided a safe working environment, California’s Labor Code and related laws already outlaw all this conduct and include some rules specific to the garment industry.

Further, proponents of the bill claim joint liability is necessary to hold liable brands who intentionally pay low contracts that do not cover workers’ wages. That conduct is already illegal under Labor Code Section 2810, which imposes liability on any entity that enters into a contract for the manufacturing of garments where it knows or should know that the price is insufficient to cover workers’ wages.

Nothing in SB 62 will address the problem of underground bad actors in the garment industry evading the law. Instead, SB 62 eliminates piece rate work and allows those bad actors to continue operating as usual while passing the cost and liability to companies that have no control over the workers.

In addition, SB 62 changes the evidentiary standards in a Labor Commissioner hearing to limit an employer’s ability to defend against an alleged wage violation. The bill creates a “presumption” that a brand guarantor is liable for an employee’s entire wage claim if the employee provides the Labor Commissioner with a label “or equivalent thereto” of a brand. A worker could come forward with one clothing item and that company would be presumed liable for the full amount of the worker’s claimed unpaid wages.

Targeted Enforcement Better

A CalChamber-led coalition pointed out to Assembly Judiciary that to eliminate the bad actors which operate outside the law in the garment industry, the Legislature should look to existing enforcement mechanisms and educating workers about their rights.

California should pursue targeted enforcement of existing laws, policing of registration requirements that the problematic companies avoid, restructuring the garment worker restitution fund, and eliminating entities that fail to pay their workers.

Key Vote

Assembly Judiciary passed SB 62 on June 22 by a vote of 8-3:

Ayes: Chau (D-Monterey Park), Chiu (D-San Francisco), Lorena Gonzalez (D-San Diego), Holden (D-Pasadena), Kalra (D-San Jose), Maienschein (D-San Diego), Reyes (D-San Bernardino), Stone (D-Scotts Valley).

Noes: Davies (R-Laguna Niguel), Gallagher (R-Nicolaus), Kiley (R-Roseville).

SB 62 will be considered next by the Assembly Appropriations Committee.

Staff Contact: Ashley Hoffman

Ashley Hoffman
Ashley Hoffman
Ashley Hoffman joined the CalChamber in August 2020 as a policy advocate specializing in labor and employment and workers’ compensation issues. Before joining the CalChamber, she was an associate attorney in the Sacramento office of Jackson Lewis P.C., representing employers in civil litigation and administrative matters, as well as advising employers on best practices, including compliance with labor laws. She previously worked as a litigation associate and a summer associate at Gibson, Dunn & Crutcher, LLP, Los Angeles. She also was a law clerk at the U.S. District Court for the Western District of Tennessee in Memphis and a judicial extern for the Ninth Circuit U.S. Court of Appeals in Pasadena. Hoffman holds a B.A. with high honors in political science from the University of California, Santa Barbara, and earned her J.D. from the UCLA School of Law, where she was a Michael T. Masin scholar, an editor at the UCLA Law Review, and staff member for the Women’s Law Journal.

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