reglab/statecodes huggingface dataset:
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 6.5 - Hearings on Actions to Recover Wages, Penalties, and Other Demands for Compensation and on Claims from Holders of Dishonored Payroll Checks or Drafts › Article 1 - Rules of Practice and Procedure › Section 13520 - Definition of "Willful."

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A willful failure to pay wages within the meaning of
						Labor Code Section
						203 occurs when
						an employer intentionally fails to pay wages to an employee when those wages
						are due. However, a good faith dispute that any wages are due will preclude
						imposition of waiting time penalties under Section
						203.
(a) Good Faith Dispute. A "good faith
					 dispute" that any wages are due occurs when an employer presents a defense,
					 based in law or fact which, if successful, would preclude any recovery on the
					 part of the employee. The fact that a defense is ultimately unsuccessful will
					 not preclude a finding that a good faith dispute did exist. Defenses presented
					 which, under all the circumstances, are unsupported by any evidence, are
					 unreasonable, or are presented in bad faith, will preclude a finding of a "good
					 faith dispute."
1. New
						section filed 7-8-88; operative 8-7-88 (Register 88, No. 29).
2.
						Editorial correction of subsection (a) (Register 2019, No.
						21).
Note: Authority cited: Sections
						  55 and
						  98.8, Labor
						  Code. Reference: Section
						  203, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 7 - Industrial Homework › Article 1 - Enforcement of Industrial Homework Act › Section 13600 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Employee means anyone engaged, suffered, or permitted to
						do industrial homework. It shall be the presumption that persons working in
						their homes for remuneration on articles to be delivered to another person not
						for his (her) personal or his (her) family's use are employees and not
						independent contractors.
1.
						Renumbering of former Chapter 5 (Articles 1.5 and 2, Sections
						11008-11024, not consecutive) to
						Chapter 6 (Articles 1 and 2, Sections
						13600-13624, not consecutive) filed
						3-15-84; effective thirtieth day thereafter (Register 84, No. 11). For prior
						history, see Register 54, No. 17 and Register 9.
2. Editorial
						reprinting of Group 7 inadvertently omitted during Register 84, No. 11 printing
						process (Register 84, No. 23).
3. Amendment filed 5-27-87; operative
						6-26-87 (Register 87, No. 24).
Note: Authority cited: Section
						  2666, Labor
						  Code. Reference: Section
						  2650, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 7 - Industrial Homework › Article 1 - Enforcement of Industrial Homework Act › Section 13601 - Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Industrial
					 homeworkers shall keep an accurate count of the hours they work daily, and
					 shall record said hours required in the handbook furnished by the Division of
					 Labor Standards Enforcement. The homeworker shall submit regularly to the
					 employer all information regarding hours worked which are required for his
					 (her) records.
(b) The record
					 keeping required of an employer of industrial homeworkers shall include an
					 accurate recording of the hours worked during the pay roll period as reported
					 by each industrial homeworker, and these hours shall be posted to the same
					 record as wages. Industrial homeworkers shall be designated as such on the pay
					 roll records.
1.
						Repealer of former Section
						13601, and renumbering and
						amendment of Section
						13602 to Section
						13601 filed 5-27-87; operative
						6-26-87 (Register 87, No. 24). For prior history, see Register 84, No.
						23.
Note: Authority cited: Section
						  2666, Labor
						  Code. Reference: Section
						  2665, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 7 - Industrial Homework › Article 1 - Enforcement of Industrial Homework Act › Section 13602 - Preliminary Information Required by Employer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Prior to obtaining an industrial homework license, the
						employer shall submit an application in accordance with Labor Code Section
						2665, to the
						Division of Labor Standards Enforcement on a form supplied by the Division of
						Labor Standards Enforcement (see Exhibit A).
(b) Within 30 calendar days of receipt of an
					 application for a license to employ industrial homeworkers the Division of
					 Labor Standards Enforcement shall inform the applicant in writing that it is
					 either complete and accepted for filing or that it is deficient and what
					 specific information or documentation is required to complete the
					 application.
(c) Within 60 calendar
					 days from the date of filing of a completed application, the Division of Labor
					 Standards Enforcement shall inform the applicant in writing of its decision
					 regarding the application.
1.
						Renumbering and amendment of former Section
						13602 to Section
						13601, and renumbering and
						amendment of Section
						13603 to Section
						13602 filed 5-27-87; operative
						6-26-87 (Register 87, No. 24). For prior history, see Register 84, No.
						23.
Note: Authority cited: Section
						  2666, Labor
						  Code. Reference: Section
						  2665, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 7 - Industrial Homework › Article 1 - Enforcement of Industrial Homework Act › Section 13603 - Inspections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Every employer
					 possessing an industrial homework license shall allow any duly authorized
					 representative of the Division of Labor Standards Enforcement free access to
					 his (her) place of business for the purpose of making inspections of, or
					 excerpts from, all books, reports, contracts, pay rolls, documents or papers
					 relating to the employment of homeworkers; or for the purpose of inspecting any
					 articles sent out for industrial homework or samples thereof; or in order to
					 make time studies of work performed in a factory to determine whether the piece
					 rates paid for industrial homework are sufficient to yield the legal minimum
					 wage.
(b) Industrial homeworkers
					 shall permit entry into their homes by duly authorized representatives of the
					 Division of Labor Standards Enforcement possessing a search warrant as defined
					 in Labor Code Section
					 2656, for the
					 purpose of making investigations as to the homeworker's compliance with
					 Sections 2651 and
					 2661 of the State Labor Code; to
					 inspect articles on which industrial homework is being performed; to check
					 homeworker's observance of record keeping requirements; or to make on the
					 homeworker's premises, or elsewhere, such time studies of work performance as
					 may be required to determine compliance with legal wage requirements.
1.
						Renumbering and amendment of former Section
						13603 to Section
						13602, and renumbering and
						amendment of Section
						13604 to Section
						13603 filed 5-27-87; operative
						6-26-87 (Register 87, No. 24). For prior history, see Register 84, No.
						23.
Note: Authority cited: Section
						  2666, Labor
						  Code. Reference: Sections
						  2651,
						  2652,
						  2656,
						  2661 and
						  2666, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 7 - Industrial Homework › Article 1 - Enforcement of Industrial Homework Act › Section 13604 - Revocations of Licenses or Permits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If, after investigation the Division of Labor Standards
						Enforcement, believes that an employer possessing an industrial homework
						license, or an industrial homeworker possessing an industrial homework permit
						has failed to comply with provisions of the Industrial Homework Act or its
						rules and regulations, a hearing may be held by the Division of Labor Standards
						Enforcement to determine whether there has been a violation. Before denying,
						suspending or revoking any license or permit, the Labor Commissioner shall
						afford the applicant or holder an opportunity to request a hearing in
						accordance with Chapter 5 Part I of Division 3 of Title 2 of the Government
						Code Sections
						11500 et.
						seq. Any such hearing on appeal of a denial of a license or permit or on the
						proposed suspension or revocation of such license or permit, shall be conducted
						in accordance with Chapter 5 of Part I of Division 3 of Title 2 of the
						Government Code (Section
						11500 et seq.) and the Labor
						Commissioner shall have all the powers granted therein. Written notices of such
						hearing will be sent to the employer or industrial homeworker in question and
						the license or permit may be revoked upon a finding that there has been such
						violation.
1.
						Renumbering and amendment of former Section
						13604 to Section
						13603, and renumbering and
						amendment of Section
						13606 to Section
						13604 filed 5-27-87; operative
						6-26-87 (Register 87, No. 24). For prior history, see Register 84, No.
						23.
Note: Authority cited: Section
						  2666, Labor
						  Code. Reference: Sections
						  2652,
						  2653, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 7 - Industrial Homework › Article 1 - Enforcement of Industrial Homework Act › Section 13605 - Homework Certificates. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 5-27-87; operative 6-26-87 (Register 87, No. 24). For prior
						history, see Register 84, No. 23.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 7 - Industrial Homework › Article 1 - Enforcement of Industrial Homework Act › Section 13606 - Revocation of Permits or Certificates. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering and amendment of former Section
						13606 to Section
						13604 filed 5-27-87; operative
						6-26-87 (Register 87, No. 24). For prior history, see Register 84, No.
						23.
2. Editorial reprinting of HISTORY NOTE No. 1 to correct
						printing error of prior history to Register 84, No. 23 (Register 87, No.
						47).
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 7 - Industrial Homework › Article 2 - Prohibiting Industrial Homework in the Garment Manufacturing Industry › Section 13620 - Prohibiting Industrial Homework in the Garment Manufacturing Industry

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Industrial homework and the distribution of articles for
						industrial homework by any employer in the garment manufacturing industry is
						prohibited.
Note: Authority cited: Section
						  2654, Labor
						  Code. Issuing agency: Industrial Welfare
						  Commission.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 7 - Industrial Homework › Article 2 - Prohibiting Industrial Homework in the Garment Manufacturing Industry › Section 13621 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The garment manufacturing industry is defined as follows:
						All persons engaged in the business of manufacturing garments for wear upon the
						human body.
For the purpose of this order the term garment
						manufacturing means and includes every process, either hand or machine,
						involved in the manufacture of any or all garments for wear upon the human
						body, whether such process be applied to fabric, textile, fur, leather, or
						leather substitute, or other material of a similar nature, and also means to
						prepare, alter, repair, or finish in whole or in part.
Hand knitting is hereby specifically excepted from the
						operation of this order.
"Employer" means any person who, directly or indirectly
						or through an employee, agent, independent contractor, or any other person,
						delivers to another person any materials or articles to be manufactured in a
						home and thereafter to be returned to him, not for the personal use of himself
						or of a member of his family.
"Industrial homework" means any manufacture in a home of
						materials or articles for an employer.
"Industrial homeworker" means any person who does
						industrial homework.
All outstanding permits to employers and all outstanding
						certificates to industrial homeworkers in the garment manufacturing industry,
						as defined above, shall be null and void after September 1, 1941, and no
						permits shall hereafter be issued to employers for the distribution of articles
						for industrial homework and no certificates shall hereafter be issued to
						homeworkers on such articles, except in accordance with the provisions of
						Sections 11022 and
						11023.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 7 - Industrial Homework › Article 2 - Prohibiting Industrial Homework in the Garment Manufacturing Industry › Section 13622 - Special Authorization for Aged and Disabled Homeworkers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Terms of
					 Issuance. If not inconsistent with the purposes of Part 10, Labor Code,
					 employers and homeworkers in the garment manufacturing industry may be granted
					 special homework permits and certificates on condition that the Chief of the
					 Division of Industrial Welfare, after investigation, finds:
(1) That the industrial homeworker was
					 working for an employer as an industrial homeworker in the garment
					 manufacturing industry on or prior to September 1, 1941, and is:
(A) Unable to adjust to factory work because
					 of advanced age; or
(B) Physically
					 or mentally disabled or suffering from an injury and an examination by a
					 physician, designated by the Chief of the Division of Industrial Welfare,
					 reveals that such disability would prevent the worker from adjusting to factory
					 employment; or
(C) Unable to leave
					 home because such worker's services are essential to care for an invalid in the
					 home.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 7 - Industrial Homework › Article 2 - Prohibiting Industrial Homework in the Garment Manufacturing Industry › Section 13623 - Conditions of Employment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Work for One Employer Only. An industrial
					 homeworker shall be permitted to work for one employer only.
(b) Factory Work Prohibited to Homeworker.
					 The industrial homeworker shall not be employed as a factory worker while he or
					 she holds a homework certificate.
(c) Work Distributed Directly to the
					 Homeworker. The employer shall distribute and collect all materials and
					 articles free of charge to the homeworker.
(d) Labels. The employer shall conspicuously
					 affix to each article or material or, if this is impossible, to the package or
					 other container in which such goods are delivered or are to be kept, a label or
					 other mark of identification bearing the employer's name and address, printed
					 or written legibly in English.
(e)
					 Limitation of Work. The maximum amount of work which may be given to any
					 industrial homeworker in any week shall not exceed the average weekly amount
					 produced by workers working legal hours on similar operations in the
					 shop.
(f) Rates Paid to
					 Homeworkers. On any operation, a female or minor homeworker shall be paid a
					 piece-rate sufficient to yield to workers on similar operations in the factory
					 the legally established minimum wage established by the Industrial Welfare
					 Commission.
(g) Employer's Record:
(1) The employer shall keep a record of the
					 name and address of the industrial homeworker, of all articles or materials
					 which such homeworker has manufactured, the date on which articles or materials
					 are issued to the homeworker, a list of articles or materials given out, the
					 kind of work performed on such articles or materials, and the operations to be
					 performed, the piece rates per dozen or per unit paid to the homeworker, the
					 date and amount of finished articles or materials returned, the wages paid for
					 each lot of articles or materials returned, and the total weekly payment made
					 to the homeworker.
Each employer shall, on demand, submit to the Chief of
						the Division of Industrial Welfare or to her representative a sworn copy of
						such records, together with such information as the Chief of the Division of
						Industrial Welfare may in her discretion deem necessary.
(2) Any person who does not deliver articles
					 or materials directly to an industrial homeworker shall keep the name and
					 address of each agent, distributor, or contractor through whom industrial
					 homework is distributed and of all persons from whom he has received materials
					 or articles to be so manufactured.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 7 - Industrial Homework › Article 2 - Prohibiting Industrial Homework in the Garment Manufacturing Industry › Section 13624 - Effect of Invalid Sections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Every section or part of this order is declared to be
						separate and independent of every other section or part and if any section or
						part of this order is declared invalid, said construction shall not invalidate
						any of the remaining sections or parts of said order, but the same shall remain
						in full force and effect as if the invalid portion had never been
						enacted.
(This is Prohibitory Order No. 1 in the Garment
						Manufacturing Industry. Effective September 1, 1941.)
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 8 - Garment Manufacturers › Section 13630 - Registration of Manufacturers and Contractors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All persons, within the meaning of Labor Code Section
					 2671(a),
					 engaged in "garment manufacturing," as defined in Labor Code Section
					 2671(c),
					 must register with the Labor Commissioner as either a "contractor" (defined at
					 Labor Code Section
					 2671(f)),
					 or a "manufacturer," according to that person's bona fide business practices. A
					 person's designation on a registration as a "contractor" or "manufacturer"
					 shall not preclude the introduction of evidence in any proceeding before the
					 Labor Commissioner on the actual business practices of such person.
Note: Authority cited: Sections
						2671 and
						2672, Labor
						Code. Reference: Sections
						2671 and
						2675, Labor
						Code.
Note: Authority cited: Sections
						2671(b)
						and
						2672, Labor
						Code. Reference: Sections
						2671 and
						2675, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 8 - Garment Manufacturers › Section 13631 - Recordkeeping

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Every employer engaged in the business of garment manufacturing shall keep
				  accurate records as required by Labor Code Sections
				  226 and
				  2673, any
				  applicable order of the Industrial Welfare Commission, and section
				  13659 of this subchapter. These
				  records shall be maintained for a period of no less than four years, unless
				  otherwise specified, at the place of employment or at a central location within
				  the State of California, and shall be made available to the Labor Commissioner,
				  or their agents, upon request for inspection and/or copying. Failure to provide
				  these records to the Labor Commissioner within ten days of the date of request,
				  or providing records that have been falsified, shall constitute grounds for
				  revocation of registration or denial of an application for
				  registration.
(b) Brand Guarantors
				  shall keep accurate records as required by Labor Code Section
				  2673(b)
				  as well as any other applicable Labor Code section, Industrial Welfare
				  Commission wage order, or California Code of Regulations section for a period
				  of no less than four years.
Note: Authority cited: Section
						2672, Labor
						Code. Reference: Sections
						226,
						1185,
						2672,
						2673 and
						2675, Labor
						Code.
Note: Authority cited: Section
						2672, Labor
						Code. Reference: Sections
						226,
						1185,
						2672,
						2673 and
						2675, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 8 - Garment Manufacturers › Section 13632 - Advisory Committee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Labor Commissioner shall appoint a 15 member advisory
					 committee on issues related to employment and the enforcement of wage and hour
					 laws in the garment industry, which shall meet, at least semi-annually,
					 alternately in Los Angeles and San Francisco. Members shall serve without
					 compensation or reimbursement for expenses. At each meeting the Committee may
					 authorize distribution of a publication to be prepared by the Division of Labor
					 Standards Enforcement, focusing on industry practices and patterns of
					 violations.
1. Amendment
					 filed 9-9-2002; operative 10-9-2002 (Register 2002, No.
					 37).
Note: Authority cited: Section
						2672, Labor
						Code. Reference: Section
						2674.1, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 8 - Garment Manufacturers › Section 13633 - Registration of Employee Leasing Companies and Temporary Agencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Every employee leasing company or temporary agency that leases or otherwise
				  provides garment manufacturers or contractors with the services of employees
				  engaged in sewing, cutting, making, processing, repairing, finishing,
				  assembling, dyeing, altering a garment's design, causing another person to
				  alter a garment's design, affixing a label to a garment, or otherwise preparing
				  any garment or article of wearing apparel or accessories designed or intended
				  to be worn by any individual is itself engaged in garment manufacturing, and
				  must register with and obtain a valid registration certificate from the Labor
				  Commissioner as a contractor.
(b)
				  Every employee leasing company or temporary agency shall provide the Labor
				  Commissioner with written notice whenever it enters into, or terminates, an
				  arrangement to lease or otherwise provide employees engaged in any of the above
				  enumerated garment manufacturing operations to a garment manufacturer or
				  contractor. This notice shall include the name and address of the garment
				  manufacturer or contractor that was or will be a party to the arrangement, the
				  dates from beginning to end that employees were or will be leased or otherwise
				  provided under the arrangement, the address(es) where the employees performed
				  or will perform the garment manufacturing operations, and the number of
				  employees that have been or will be leased or otherwise provided to the garment
				  manufacturer or contractor under the arrangement. This notice shall be mailed
				  to: Division of Labor Standards Enforcement, Licensing & Registration Unit,
				  320 W. 4th Street, Suite 480, Los Angeles, CA 90013; or emailed to
				  dlse.licensing@dir.ca.gov. Failure to provide this notice within ten days of
				  the date of entering into or terminating the arrangement will constitute
				  grounds for revocation of registration or denial of an application for
				  registration.
Note: Authority cited: Sections
						2671 and
						2672, Labor
						Code. Reference: Sections
						2671 and
						2675, Labor
						Code.
Note: Authority cited: Sections
						2671(b)
						and
						2672, Labor
						Code. Reference: Sections
						2671 and
						2675, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 8 - Garment Manufacturers › Section 13635 - Registration and Examination Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Labor Commissioner shall collect the
				  following amounts in fees for initial registration and annual renewal of
				  registration from contractors who have not had an application for registration
				  denied or a registration revoked or suspended pursuant to proceedings under
				  section 13646 during any portion of the
				  three year period prior to the submission of the application for registration:
(1) A $250 fee for contractors with gross
				  sales receipts of $100,000 or less during the 12-month period prior to
				  application.
(2) A $350 fee for
				  contractors with gross sales receipts from $100,001 to $500,000 during the
				  12-month period prior to application.
(3) A $500 fee for contractors with gross
				  sales receipts from $500,001 to $1,000,000 during the 12-month period prior to
				  application.
(4) A $1,000 fee for
				  contractors with gross sales receipts of $1,000,001 or more during the 12-month
				  period prior to application.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 8 - Garment Manufacturers › Section 13635.1 - Filing Schedule for Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 30 calendar days of receiving an
				  application, the Labor Commissioner shall inform the applicant in writing that
				  either:
(1) the application is complete and
				  has been accepted for processing, or
(2) the application is incomplete, and
				  specify the information or items needed to correct the
				  deficiency.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 8 - Garment Manufacturers › Section 13636 - Registration Certificate

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Registration Certificate shall be valid for a period of
					 one year from the date of issuance, unless revoked. The Certificate is
					 non-transferrable and is valid only for the address(es) shown on its
					 face.
Note: Authority cited: Section
						2672, Labor
						Code. Reference: Section
						2675, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 8 - Garment Manufacturers › Section 13637 - Amended Certificate

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The registrant shall notify the Labor Commissioner in
					 writing at least two weeks prior to any change(s) of address. Such notification
					 is required as to each location not already listed on the Registration
					 Certificate where employees will be engaged in garment manufacturing. The
					 mailing address is Division of Labor Standards Enforcement, Licensing &
					 Registration Unit, 320 W. 4th Street, Suite 480, Los Angeles, CA 90013. The
					 email address is dlse.licensing@dir.ca.gov. Following receipt of written notice
					 from a garment contractor or manufacturer in possession of a current
					 Registration Certificate, the Labor Commissioner shall, without additional
					 cost, issue an amended certificate listing the new address(es), unless the
					 business of garment manufacturing cannot legally or safely be carried on at the
					 proposed address(es).
Note: Authority cited: Section
						2672, Labor
						Code. Reference: Sections
						2651 and
						2675, Labor
						Code.
Note: Authority cited: Section
						2672, Labor
						Code. Reference: Sections
						2651 and
						2675, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 8 - Garment Manufacturers › Section 13638 - Duplicate Certificate

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the original certificate is lost, the Labor Commissioner
					 shall, on written request and without additional cost, issue a duplicate
					 certificate.
1. Amendment
					 filed 9-9-2002; operative 10-9-2002 (Register 2002, No.
					 37).
Note: Authority cited: Section
						2672, Labor
						Code. Reference: Section
						2675, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 8 - Garment Manufacturers › Section 13639 - Penalty Assessment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Penalties assessed under Labor Code Section
					 2678(a)
					 shall be computed by using any of the following:
(a) The number of affected employees present
				  at the time of the inspection;
(b)
				  The number of affected employees present when the violations occurred, as
				  determined from the employers' records;
(c) The number of affected employees present
				  when the violations occurred, as established from other information available
				  to the Division of Labor Standards Enforcement.
1. Amendment
					 of first paragraph and subsection (c) filed 9-9-2002; operative 10-9-2002
					 (Register 2002, No. 37).
Note: Authority cited: Section
						2672, Labor
						Code. Reference: Section
						2678, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 8 - Garment Manufacturers › Section 13640 - Notice of Penalty Assessment and Right to Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If penalties are assessed under Labor Code Section
					 2678(a),
					 the Division of Labor Standards Enforcement shall serve written notice as
					 required by Labor Code Section
					 2678(b)
					 on all persons liable as well as those who may assume liability for the
					 violations. Notice shall include information on hearing and appeal rights under
					 Labor Code Section
					 2681.
1. Amendment
					 filed 9-9-2002; operative 10-9-2002 (Register 2002, No.
					 37).
Note: Authority cited: Section
						2672, Labor
						Code. Reference: Sections
						2677,
						2678 and
						2681, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 8 - Garment Manufacturers › Section 13641 - Bonds for Continued Registration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The amount of the registration bond to be
				  deposited with the Labor Commissioner under the provisions of Labor Code
				  Sections
				  2675(a)(3),
				  2679(a)
				  and
				  2679(b)
				  shall be sufficient to insure payment of wages and benefits to all employees up
				  to a maximum of four calendar weeks. In no event shall the number of employees
				  used for such computations be less than the highest number of employees
				  employed during any one pay period during the preceding 12-month period. The
				  registration bond shall be issued by a surety licensed to do business in the
				  State of California.
(b) An
				  undertaking in the form of a cashier's check or money order made payable to the
				  Labor Commissioner may be provided to the Labor Commissioner in lieu of
				  depositing a surety bond as a condition for continued registration under Labor
				  Code Sections
				  2675(a)(3),
				  2679(a)
				  and
				  2679(b).
				  The Labor Commissioner shall deposit the undertaking in a bank account in which
				  the Labor Commissioner is named as a trustee. Any earned interest, along with
				  the principal, shall be used to satisfy claims against the undertaking. Upon
				  return of the undertaking, any remaining amount, including interest, shall be
				  transmitted to the employer.
1. Amendment
					 of section and NOTE filed 9-9-2002; operative 10-9-2002 (Register 2002, No.
					 37).
Note: Authority cited: Section
						2672, Labor
						Code. Reference: Sections
						2675 and
						2679, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 8 - Garment Manufacturers › Section 13642 - Return of Registration Bond

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If an employer that has posted a bond or undertaking
					 pursuant to section
					 13641 of this subchapter does not
					 commit additional violations as set forth in Labor Code Sections
					 2673,
					 2675 and
					 2678 within any
					 three-year period, the bond or undertaking shall be returned to the
					 employer.
1. Amendment
					 of section heading, section and NOTE filed 9-9-2002; operative 10-9-2002
					 (Register 2002, No. 37).
Note: Authority cited: Section
						2672, Labor
						Code. Reference: Sections
						2673,
						2675(a),
						2678 and
						2679, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 8 - Garment Manufacturers › Section 13643 - Action Against Registration Bond

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If an employer that has posted a bond or undertaking
					 pursuant to section
					 13641 of this subchapter fails to
					 pay wages and benefits to employees, as set forth in Labor Code Section
					 2675, the Labor
					 Commissioner may proceed against the bond or undertaking by written notice to
					 the employer and the surety; and shall take appropriate action to recover the
					 unpaid wages and benefits from the bond or undertaking.
1. Amendment
					 of section heading, section and NOTE filed 9-9-2002; operative 10-9-2002
					 (Register 2002, No. 37).
Note: Authority cited: Section
						2672, Labor
						Code. Reference: Sections
						2675 and
						2679, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 8 - Garment Manufacturers › Section 13645 - Periods of Revocation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Revocation periods under Labor Code
				  Section
				  2679(b)
				  shall be 30-90 days if one of the violations relates to minimum wage, overtime,
				  or child labor; 3-6 months if two of the violations relate to minimum wage,
				  overtime, or child labor; and 6 months-1 year if three or more of the
				  violations relate to minimum wage, overtime, or child labor.
(b) A garment manufacturer or contractor
				  whose registration is revoked under this section may apply for a new
				  registration upon expiration of the revocation. An application for new
				  registration will be denied unless all judgments and settlement agreements for
				  the payment of wages have been satisfied.
1. Repealer
					 and new section and amendment of NOTE filed 9-9-2002; operative 10-9-2002
					 (Register 2002, No. 37).
Note: Authority cited: Section
						2672, Labor
						Code. Reference: Sections
						2675(a)(2)
						and
						2679(b),
						Labor Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 8 - Garment Manufacturers › Section 13646 - Hearings to Deny an Application and to Revoke or Suspend Registration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Denial of an application for registration and revocation or suspension of
				  registration shall be upon proper notice and upon hearing, if appealed. The
				  appeal shall be directed to the Labor Commissioner who shall assign the matter
				  to a hearing officer for hearing. The hearing shall be conducted according to
				  the rules set forth below, and except as specifically provided herein, the
				  provisions of Title 2, Division 3, Part 1, Chapter 5 of the Government Code
				  (commencing with Government Code Section
				  11500)
				  shall not apply to these proceedings.
(b) Proceedings to determine whether a
				  registration shall be revoked, suspended or conditioned shall be initiated by
				  filing an accusation. The accusation shall be a written statement of charges
				  which set forth in ordinary and concise language the acts or omissions with
				  which the registrant is charged, and shall specify the statutes or rules which
				  the registrant is alleged to have violated. The accusation shall be verified
				  unless made by a public officer acting in their official capacity or by an
				  employee of the Division of Labor Standards Enforcement.
(c) Proceedings to determine whether a
				  registration certificate shall be issued or renewed shall be initiated by
				  filing a statement of issues. The statement of issues shall be a written
				  statement specifying the statutes and rules with which the applicant must show
				  compliance by producing proof at the hearing and, in addition, any particular
				  matters that have come to the attention of the initiating party that would
				  authorize a denial of the application for registration. The statement of issues
				  shall be verified unless made by a public officer acting in their official
				  capacity or by an employee of the Division of Labor Standards
				  Enforcement.
(d) Upon the filing of
				  an accusation or statement of issues, the Division of Labor Standards
				  Enforcement shall serve a copy thereof on the registrant or applicant in a
				  manner provided by Government Code Section
				  11505(c).
				  The copy of the accusation or statement of issues shall include or be
				  accompanied by:
(1) a statement that the
				  respondent may request a hearing by filing a notice of defense within 15 days
				  after service upon the respondent of the accusation or statement of issues, and
				  that failure to do so will constitute a waiver of the respondent's right to a
				  hearing, and
(2) a form entitled
				  notice of defense which, when signed by or on behalf of the respondent and
				  returned to the Division, will constitute a request for a hearing.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 8 - Garment Manufacturers › Section 13647 - Registration After Revocation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
After the revocation period expires, and liabilities set
					 forth in Labor Code Sections
					 2673.1,
					 2677,
					 2678, and
					 2679(b)
					 have been assumed and satisfied, the garment manufacturer or contractor may
					 file a new application for registration with the Labor
					 Commissioner.
1. Amendment
					 of section and NOTE filed 9-9-2002; operative 10-9-2002 (Register 2002, No.
					 37).
Note: Authority cited: Section
						2672, Labor
						Code. Reference: Sections
						2673.1,
						2675,
						2677,
						2678 and
						2679(b),
						Labor Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 8 - Garment Manufacturers › Section 13648 - Confiscation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If garments are
				  confiscated pursuant to Labor Code Section
				  2679(b),
				  or
				  2680(a),
				  a notice of confiscation and hearing and appeal rights, as provided by Labor
				  Code Section
				  2681, shall be
				  served on all persons liable or who may assume liability for
				  violations.
(b) If the contractor's
				  means of production, including manufacturing equipment or property, are
				  confiscated pursuant to Labor Code Section
				  2680(b),
				  notice of confiscation and hearing and appeal rights shall be served on the
				  contractor and on any other person or entity known to have an ownership
				  interest in the equipment or property. Hearing and appeal rights shall be
				  according to the same provisions for the appeal and hearing of garment
				  confiscations, as set forth in Labor Code Section
				  2681, and
				  section 13650 of this subchapter.
1. Amendment
					 of section and NOTE filed 9-9-2002; operative 10-9-2002 (Register 2002, No.
					 37).
Note: Authority cited: Section
						2672, Labor
						Code. Reference: Sections
						2679,
						2680 and
						2681, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 8 - Garment Manufacturers › Section 13649 - Disposition of Confiscated Goods

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Garments or wearing apparel confiscated
				  pursuant to Labor Code Section
				  2658.7,
				  2664,
				  2679(b),
				  or
				  2680(a),
				  and not otherwise returned, shall be disposed of as follows:
(1) The confiscated goods may be released to
				  nonprofit organizations whose articles of association or incorporation include
				  religious, charitable, social, and educational purposes, provided that the
				  organizations agree, in writing, that these goods will be made available at no
				  cost to impoverished or needy persons, that these goods will not be offered for
				  sale to any person, and that these goods will not be given to any for-profit
				  business; or
(2) The confiscated
				  goods may be released to public agencies, including, but not limited to, State
				  agencies, political subdivisions, municipal corporations, or school districts,
				  which conduct power machine sewing classes, for instructional use in such
				  classes; or
(3) The confiscated
				  goods may be destroyed by shredding, by burning, or by otherwise rendering them
				  useless as items of wearing apparel.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 8 - Garment Manufacturers › Section 13650 - Hearings on Appeals of Penalty Assessments or Confiscations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A hearing held pursuant to Labor Code Section
					 2681 on an
					 appeal of a garment penalty assessment or a confiscation of garments, wearing
					 apparel or other property shall be conducted in accordance with the procedures
					 set forth at sections
					 13651 to
					 13654 of this
					 subchapter.
1. New
					 section filed 9-9-2002; operative 10-9-2002 (Register 2002, No. 37). For prior
					 history, see Register 89, No. 40.
Note: Authority cited: Section
						2672, Labor
						Code. Reference: Sections
						2678,
						2680 and
						2681, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 8 - Garment Manufacturers › Section 13651 - Conduct of Hearing; Rules of Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The hearing need not be conducted
				  according to the technical rules of evidence relating to evidence and
				  witnesses. Any relevant evidence shall be admitted if it is the sort of
				  evidence on which responsible persons are accustomed to rely in the conduct of
				  serious affairs, regardless of the existence of any common law or statutory
				  rule which might make improper the admission of such evidence over objection in
				  civil actions, except that the rules of privilege shall be effective to the
				  extent that they are otherwise required by statute to be recognized at the
				  hearing.
(b) Hearsay evidence may
				  be used to supplement or explain other evidence, but shall not of itself be
				  sufficient to support a finding. An objection is timely if made before
				  submission of the case.
1. Amendment
					 of section and NOTE filed 9-9-2002; operative 10-9-2002 (Register 2002, No.
					 37).
Note: Authority cited: Section
						2672, Labor
						Code. Reference: Sections
						2673.1(m),
						2675(a)(2),
						2679(b)
						and
						2681, Labor
						Code.