BILL NUMBER: AB 2576AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 8, 2010 INTRODUCED BY Assembly Member Nielsen FEBRUARY 19, 2010 An act to amend Section2002671 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 refinethisthe 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.