The 2022 Garment Worker Protection Act
to ensure fair wages and proper payment for garment workers in California
Garment workers are employees who prepare any Garment Worker Protection Act 2022 or accessory designed or intended to be worn by any individual. This includes employees who sew, cut, make, process, repair, finish, assemble, dye, alter a garment’s design, cause another person to alter a garment’s design, or affix any label on a garment. Garments include, for example, clothes, hats, gloves, handbags, hosiery, ties, scarfs, and belts.
The Act states that garment workers must be paid an hourly ratenot less than the minimum wage. Employers may NOT pay their garment workers per piece or unit. Employers that fail to pay proper wages and the manufacturers that contract them are liable for compensatory damages in the amount of $200 per employee, per pay period.
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Garment workers may file an individual wage claim or report a claim to the Labor Commissioner and seek to recover unpaid wage and hour lawyer. The Act holds the contractor, garment manufacturer, and brand guarantor (anyone who contracts for the performance of garment manufacturing., including persons that license a brand or name for garment manufacturing), jointly and severally liable for any unpaid wages and other compensatory damages.
Additionally, the Act adds to the general recordkeeping obligations of employers, contractors, and manufacturers. The following information must be included in records and kept for 4 years:
- Names and addresses of all garment workers employed directly.
- Hours worked daily by employees.
- Daily production sheets.
- Wage and rates paid in each payroll period.
- The ages of minor employees.
- Any conditions of employment.
- Contract worksheets indicating price per unit agreed to by the contractor and manufacturer.
- All contracts, invoices, purchase orders, etc. that include the business names and contact information of contracting parties and a copy of the garment license for every person in the garment manufacturing industry who is a party to the contract.