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AB-302 Garment manufacturing: alteration of appearance.(2011-2012)

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AB302:v98#DOCUMENT

Amended  IN  Assembly  April 27, 2011

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 302


Introduced  by  Assembly Member Garrick

February 09, 2011


An act to amend Section 2671 of the Labor Code, relating to employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 302, as amended, Garrick. Garment manufacturing: embroidering alteration of appearance.
Existing law regulates the persons engaged in the business of garment manufacturing industry and defines “garment manufacturing” to mean sewing, cutting, making, processing, repairing, finishing, assembling, or otherwise preparing any garment or any article of wearing apparel or accessories designed or intended to be worn by any individual for sale or resale by any person contracting to have those operations performed. Specifically, existing law requires every person engaged in the business of garment manufacturing to register with the Labor Commissioner. Existing law provides that certain persons, including persons who engage solely in that part of the business engaged solely in cleaning, alteration, or tailoring, are not subject to those regulations.
This bill would specify that embroidering done by a small business, as defined, is not included within the definition of garment manufacturing provide that persons who engage solely in the alteration, by any means or method, of the appearance of garments previously shipped by a garment manufacturer as ready-to-wear apparel are also not subject to the regulations pertaining to garment manufacturing.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 2671 of the Labor Code is amended to read:

2671.
 As used in this part:
(a) “Person” means any individual, partnership, corporation, limited liability company, or association, and includes, but is not limited to, employers, manufacturers, jobbers, wholesalers, contractors, subcontractors, and any other person or entity engaged in the business of garment manufacturing.
“Person” does not include any person who manufactures garments by himself or herself, without the assistance of a contractor, employee, or others; any person who engages solely in that part of the business engaged solely in cleaning, alteration, or tailoring; any person who engages solely in the alteration, by any means or method, of the appearance of garments previously shipped by a garment manufacturer as ready-to-wear apparel; any person who engages in the activities herein regulated as an employee with wages as his or her sole compensation; or any person as provided by regulation.
(b) (1) “Garment manufacturing” means sewing, cutting, making, processing, repairing, finishing, assembling, or otherwise preparing any garment or any article of wearing apparel or accessories designed or intended to be worn by any individual, including, but not limited to, clothing, hats, gloves, handbags, hosiery, ties, scarfs, and belts, for sale or resale by any person or any persons contracting to have those operations performed and other operations and practices in the apparel industry as may be identified in regulations of the Department of Industrial Relations consistent with the purposes of this part.

(2)(A)“Garment manufacturing” does not include embroidering done by a small business.

(B)For purposes of this paragraph, the following definitions apply:

(i)“Embroidering” means using an electronic program that directs embroidery equipment to reproduce a design on finished, ready-to-wear apparel.

(ii)“Small business” means a business that employs 10 or fewer people.

(3)The part. The Department of Industrial Relations shall adopt, and may from time to time amend, regulations to clarify and refine the definition of garment manufacturing in this subdivision to be consistent with current and future industry practices, but the regulations shall not limit the scope of garment manufacturing, as defined in this subdivision.
(c) “Commissioner” means the Labor Commissioner.
(d) “Contractor” means any person who, with the assistance of employees or others, is primarily engaged in sewing, cutting, making, processing, repairing, finishing, assembling, or otherwise preparing any garment or any article of wearing apparel or accessories designed or intended to be worn by any individual, including, but not limited to, clothing, hats, gloves, handbags, hosiery, ties, scarfs, and belts, for another person. “Contractor” includes a subcontractor that is primarily engaged in those operations.