California Labor Law Commission Gives to Community Year-Round

Los Angeles, CAIronically, garment manufacturers who violate California Labor Law by not paying minimum wage or California overtime (and more) are giving back to their community and possibly their workers, thanks to the California Labor Commissioner's office and Shelter Partnership, Inc.

After a recent raid of garment manufacturers operating illegally in Los Angeles and surrounding counties, the California Labor Commissioner's office distributed warm clothes worth more than $14,000 to Shelter Partnership, which operates the S. Mark Taper Foundation Shelter Resource Bank.


Photo: Salvation Army Bell Shelter Clothing Recipients

“We have a wonderful partnership with the California Labor Commissioner that allows us to distribute clothing to those people in need,” says Ruth Schwartz, executive director of Shelter Partnership. “When the Department finds unfair labor practices such as a garment manufacturer not paying California overtime wages, they confiscate the goods--whatever is on the floor--as part of their enforcement act. The clothing is then donated to us and we distribute items to more than 200 charities that we work with.”

After enforcement sweeps (AKA raids) by the California Labor Commissioner’s office, Shelter Partnership stores the goods in their warehouse (in a locked room) until such time as the court has ruled on an action. “Once the case is resolved the goods are released to us,” says Schwartz. “Since October 1993, the Department has given to us more than $2.6 million in clothing. We arrive at that amount by placing a value of $10 on each item, even if a dress, say, is worth $100.”

“We get all sorts of goods, sometimes even designer clothing,” says Erika Monterroza, Acting Communications Director for Department of Industrial Relations. “Regardless of what is confiscated, the California labor code dictates that nothing can be sold; they have to be given away to non-profits or destroyed.” Monterroza says the department mainly does this type of enforcement action on the garment industry, but any industry can get raided.

“There are certain manufacturers and contractors that flounce the law and refuse to register as a garment industry,” Monterroza explains. “The registration was put in place by legislature primarily because a number of garment makers [like overtime violations by retailers] were found to have many serious labor violations against their workers, such as not paying minimum wage or overtime or not paying piece rates. As well, some manufacturers don’t maintain enough Workers Compensation for the number of employees working for them so they cannot get full benefits if they are injured.”

Monterroza says that some companies are repeat violators--they simply close up shop, change their business name and start again, and rack up more California labor code violations. Over the last year, enforcement conducted by the Labor Commissioner's office and the department's Labor Enforcement Task Force in the garment industry resulted in the confiscation of women's and children's clothing.

"It is especially gratifying during the holiday season to be able to donate these clothes to individuals and families who really need them," said California Labor Commissioner Julie Su. "These are brand new clothes that we confiscated from garment factories that were operating in violation of labor laws. By removing such garments, we attack underground economy abuses by making it costly to break the law, protect the honest employers in the industry who work so hard to comply, and as an unintended benefit, are able to provide warm coats and other items to those in our community who otherwise wouldn't have them. It's a win-win for all."

The Labor Commissioner's office adjudicates wage claims, investigates discrimination and public works complaints, and enforces state labor law and Industrial Welfare Commission wage orders. To learn more about the functions of the California Labor Commissioner, visit their website.

Many thanks for this article and for sharing it with us. It would be great if this practice could spread to other communities. Great article and great way for us to start the New Year. :-) And thanks Erika & Fred & the DIR for making this happen on behalf of people who are homeless in LA County :-)
Happy 2013, Ruth Schwartz