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How Garment Worker Protection Act Affects "Made in USA" Clothing Companies

by Levin & Nalbandyan, LLP
May 16, 2023
Employment Law

What You Need to Know About Senate Bill 62

The Garment Worker Protection Act went into effect on January 1, 2022. The bill was designed to ensure that workers in the industry were paid an hourly wage instead of the per-piece wages they were previously given. Per garment pay often resulted in wages that were significantly less than minimum wage. Now more states are considering similar bills to protect the rights of workers across the country.

At Levin & Nalbandyan, we represent workers who have been exploited or taken advantage of by unfair wage practices. Our lawyers are well-versed in handling even the toughest cases. We have secured millions of dollars on behalf of our clients and will continue to fight for employees that have been wronged throughout Los Angeles.

If you are a garment worker that continues to be paid unfair wages, contact our office at (213) 232-4848 to schedule a free, no-obligation consultation.

What Is the Garment Worker Protection Act?

The Garment Worker Protection Act, or Senate Bill 62, became effective in 2022. The law aimed to address pay discrepancies in the industry. Prior to the passage of the bill, garment workers were generally paid a per-piece rate. Per garment pay usually resulted in wages that were substantially under the minimum wage. According to Vogue, workers who were paid per garment often resulted in pay of “less than $3 per hour.”

Beginning January 1, 2022, garment manufacturers were no longer allowed to pay an hourly rate less than the minimum wage and could not be paid a “piece rate.” Employers that continued the practice could be liable for compensatory damages. The only exception is if the employees are covered by a collective bargaining agreement. The collective bargaining agreement, however, must provide several conditions to ensure fair wages.

Does the Act Promote Fair Labor?

At the heart of the Garment Worker Protection Act is the desire to promote fair labor practices in the state. Other states, such as New York, are considering similar bills, as reported by Bloomberg. While some argue that the cost of complying with the law is making it too expensive to continue to do business in California, others note that it is a necessary step.

Who Can Be Held Liable Under the Act?

The law not only holds garment manufacturers accountable for failing to comply with the law but also the brands themselves. The bill was designed to ensure that brands were using companies that were engaging in fair labor practices. It explicitly states that contractors, manufacturers, and brands can be held “jointly and severally liable” for wage violations. 

Contact Our Office to Learn More

If you are a garment worker in Los Angeles who continues to be paid less than minimum wage, you might be entitled to compensatory damages. Our attorneys have over three decades of combined experience.
Contact our office at (213) 232-4848 to schedule a free, confidential consultation. All case evaluations are provided without obligation to retain our services. There are no fees unless we win your case. Call now to get the justice you deserve.

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