BILL NUMBER: AB 302	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Garrick

                        FEBRUARY 9, 2011

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 302, as introduced, Garrick. Garment manufacturing:
embroidering.
   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. Specifically,
existing law requires every person engaged in the business of garment
manufacturing to register with the Labor Commissioner.
   This bill would specify that embroidering done by a small
business, as defined, is not included within the definition of
garment manufacturing.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
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) "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 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) (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  Department of Industrial
Relations shall adopt, and may from time to time amend, regulations
to clarify and refine  this   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.