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Garment Worker Protection Act Sets California Minimum Wage Threshold

5/10/2023

 
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​Daniel Chammas is a Los Angeles attorney who delivers experienced defense representation to corporate clients in various areas of employment and discrimination law. Apprised of legal developments in his state, Daniel Chammas counsels clients on aspects of California labor law such as the Garment Worker Protection Act.

Also known as Senate Bill 62, the law went into effect at the beginning of 2022 and pertains to contractors defined as garment manufacturing operations or factories. It stipulates that garment manufacturing workers must receive an hourly rate not under the minimum wage. They cannot by law receive a piece rate, and employers that pay such rates are liable for compensatory damages totaling $200 for each pay period.

One exception to this law involves employees covered under the terms of a collective bargaining agreement. However, this only applies in cases where the regular hourly rate of pay is not less than 30 percent above the California minimum wage, and premium wages are offered for overtime hours. In addition, there must be monitoring and dispute resolution mechanisms related to nonpayment of wages within the agreement.

One significant element of the law involves joint and several liability applied in cases where contractor’s employees are found by the Labor Commissioner to have wages owed. In other words, the manufacturer, contractor, and brand guarantor all bear liability for the wages owed over a contracted time period in full.

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