BILL ANALYSIS Ó
AB 1384
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ASSEMBLY THIRD READING
AB 1384 (Labor and Employment Committee)
As Introduced March 4, 2013
Majority vote
LABOR & EMPLOYMENT 7-0APPROPRIATIONS 16-1
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|Ayes:|Roger Hernández, Morrell, |Ayes:|Gatto, Harkey, Bigelow, |
| |Alejo, Chau, Gomez, | |Bocanegra, Bradford, Ian |
| |Gorell, Holden | |Calderon, Campos, Eggman, |
| | | |Gomez, Hall, Ammiano, |
| | | |Linder, Pan, Quirk, |
| | | |Wagner, Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Donnelly |
| | | | |
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SUMMARY : Establishes civil penalties for a garment manufacturer
who fails to display specified information at the front entrance
of the business, as required under existing law. Specifically,
this bill :
1)Provides that any person who fails to comply with the
requirement will be subject to civil penalty of $100 per
calendar day for an initial citation.
2)Provides for a penalty of $200 per day for any subsequent
citation.
3)Provides that the procedures for issuing, contesting and
enforcing citations and judgments for the civil penalties will
be the same as under existing law.
EXISTING LAW :
1)Requires every person engaged in the business of garment
manufacturing to register with the Labor Commissioner and meet
other specified requirements.
2)Requires every person registered as a garment manufacturer to
display his or her name, address, and garment manufacturing
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number on the front of his or her business, as specified.
3)Authorizes the Labor Commissioner to waive this requirement if
he or she finds compliance to be infeasible due to the design
or layout of the business premises.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, this bill will result in annual costs of
approximately $100,000 to the Department of Industrial Relations
(DIR) to accommodate additional workload.
COMMENTS : This bill would establish a civil penalty for a
garment manufacturer who fails to display their name, address
and garment manufacturing registration number outside the
business entrance, as required by current law.
Existing law requires every person engaged in the business of
garment manufacturing to register with the Labor Commissioner.
In addition, existing law requires that every person registered
as a garment manufacturer shall display on the front entrance of
his or her business premise, and also, if the front entrance is
within the interior of a building, on or near the main exterior
entrance of the building in which his or her business premise is
located, his or her name, address, and garment manufacturing
registration number, all in letters not less than three inches
high. Certain exemptions to this provision exist, including a
waiver of this requirement if the Labor Commissioner finds that
compliance would not be feasible due to the design or layout of
a business premise.
Despite the significance of this posting requirement for
enforcement efforts (the posted information helps both garment
workers and the Labor Commissioner to identify the name and
address of garment companies that violate labor laws), there is
no civil penalty specified for a violation of this section.
Therefore, this bill would establish a civil penalty of $100 per
day for failure to post the mandated information. For
subsequent violations, the civil penalty would be $200 per day.
Supporters argue that, in an industry dominated by labor
contractors who often try to conceal their true business
identities, it is appropriate that there be significant
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sanctions against those who engage in these practices.
Analysis Prepared by : Ben Ebbink / L. & E. / (916) 319-2091
FN: 0000408