October 25, 2021

Volume XI, Number 298

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Changes to Wage Law for the Garment Manufacturing Industry

On September 27, 2021, the Governor signed Senate Bill 62 (SB 62), which expands the definition of the garment manufacturing industry for purposes of wage claim enforcement to include brand guarantors.  A brand guarantor is a person who contracts for the performance of garment manufacturing.

SB 62 specifies that a garment manufacturer, contractor, or brand guarantor who contracts with another person for the purpose of garment manufacturing operations would be jointly and severally liable with any other manufacturer or contract for an employee’s full amount of unpaid wages and any other compensation, including interest, attorney’s fees, and civil penalties, as specified in the Labor Code if a violation is found.  Garment manufacturers and contractors would be liable for the full amount of damages and penalties for any violation, as specified in the Labor Code.

SB 62 also prohibits any employee engaged in the performance of garment manufacturing to be paid by the piece or unit, or by piece rate, except for workplaces covered by a collective bargaining agreement.  Employers must pay employees who are engaged in the process of garment manufacturing no less than minimum wage.  Garment manufacturers and contractors may be subject to statutory damages per employee for each pay period during which an employee is paid by the piece or unit.

SB 62 will take effect on January 1, 2022.

Jackson Lewis P.C. © 2021National Law Review, Volume XI, Number 271
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About this Author

Laura Pierson-Scheinberg Employment Lawyer Jackson Lewis
Principal

Laura A. Pierson-Scheinberg is a Principal in the San Francisco, California, and Baltimore, Maryland, offices of Jackson Lewis P.C.

Ms. Pierson-Scheinberg represents employers in labor and employment matters, with a particular focus on traditional labor issues, union elections and unfair labor practice charges. She has extensive experience in collective bargaining, from serving as chief spokesperson to developing strategy behind the scenes. Her background includes bargaining for both large and small clients from a local to a national level in a wide range of...

415-796-5408
Associate

Swaja Khanna is an associate in the San Francisco, California, office of Jackson Lewis P.C. Her practice focuses on representing employers in workplace law matters, including preventive advice and counseling.

415-394-9400
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