BILL NUMBER: AB 2576	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 8, 2010

INTRODUCED BY   Assembly Member Nielsen

                        FEBRUARY 19, 2010

   An act to amend Section  200   2671  of
the Labor Code, relating to employment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2576, as amended, Nielsen.  Compensation. 
 Garment manufacturing.  
   Existing law regulates the 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.  
   This bill would specify that silkscreening and embroidering are
not included within the definition of garment manufacturing. 

   Existing law defines wages as amounts paid for labor performed by
employees.  
   This bill would make technical, nonsubstantive changes to these
provisions. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated 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)  (1)    "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.
    (2)    "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 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.  The 
    (2)     "Garment manufacturing" does not
include silkscreening or embroidering. 
    (3)    The  Department of Industrial
Relations shall adopt, and may from time to time amend, regulations
to clarify and refine  this   the 
definition  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. 
  SECTION 1.    Section 200 of the Labor Code is
amended to read:
   200.  As used in this article: (a) "Wages" includes all
compensation for labor performed by employees of every description,
whether the amount is fixed or ascertained by the standard of time,
task, piece, commission basis, or other method of calculation.
   (b) "Labor" includes labor, work, or service, whether rendered or
performed under contract, subcontract, partnership, station plan, or
other agreement, if the labor to be paid for is performed personally
by the person demanding payment.