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Common Violations Found in L.A. Garment Factories
Paying sub-minimum wages and and denying breaks are just two of the ways that garment facory owners violate workers' rights.
1. Failure to pay minimum wage and overtime
- Piece rate not adjusted for minimum wage
- Piece rate adjusted arbitrarily
- Some work “doesn’t count” (repairs, small operations, etc.)
- Flat hourly rate without overtime
- Forced overtime
- Flat fee for work done at home
- Hours distributed over pay period to avoid overtime
2. Failure to provide breaks
- Meal break not at 4 hour intervals
- Meal break less than ˝ hour
- Failure to inform workers about 10 minute rest breaks
- Discouragement from workers taking 10 minute rest breaks
3. Incomplete or fraudulent record keeping
- Time cards punched by employer/manager/worker at wrong hours; workers forced to sign
- Electronic record keeping adjusts hours to fit legal wages
- No piece rate/hourly rate/number of hours worked indicated
- Name of manufacturers not on pay stub
- No written contract between manufacturers and contractors
- Workers not told name of employer, business
- Failure to pay correct payroll taxes, workers’ compensation premiums, etc.
4. Problems with payment
- Workers paid in cash, no receipt given
- Workers paid with personal check
- Workers paid with “voucher” to be cashed at particular liquor store or cashing facility
- Workers paid partly with company check, partly in cash/personal check
- Workers paid with checks that bounce
- Workers paid irregularly
- Workers required to purchase tools and machine parts
- “Deposit” held for 1-2 weeks
- No itemized wage deduction statement issued
- Deductions made but pocketed by employer
- Workers paid under different “businesses”
5. Strategies to avoid liability
- Locking workers in factory, closing off windows and doors
- Sending workers away when inspectors come
- Refusing to allow inspectors into factory
- “Staging” conditions for monitors (including choosing which workers can talk to monitors)
- Closing business or switching business names, officers, factory locations, etc.
- Lying about business relations between manufacturers and contractors, including existence of relationship, value and volume of contracts, etc.
- Keeping two sets of records, or one fraudulent set; altering records
- Failing to cooperate with DLSE investigations; lying in proceedings
6. Health and safety abuses
- Fire hazards (blocked exits, loose wires)
- Ventilation—heat stroke, respiratory ailments
- Potable water
- No place to eat, no microwave, no fridge, dirty eating area
- No permission to use bathroom, dirty bathroom, no toilet paper, soap, water, etc.
- Unguarded machines
- No first aid attention
- Firing injured workers
- Ergonomic injuries
- Rats, cockroaches, unsanitary conditions
7. Verbal, physical, and sexual abuse
- Pressure, insults, threats, intimidation
- Physical threats and attacks
- Sexual harassment and abuse
8. Discrimination
- Injured workers
- Older workers
- Gender
- Ethnicity/race
- Citizenship status/work authorization
- Favoritism/relatives
- Workers who talk back are “blacklisted”
9. Strategies to intimidate workers
- Hiring preferences for undocumented workers
- Hiring people form rural areas. less formal education, or those perceived to me “more docile”
- Disciplining workers publicly to make an example for others
- Threatening to report workers to police, immigration authorities, etc.
- Threatening to fire workers or close factory
- Threatening to blacklist workers; telling other employers to fire “troublemakers”
- Failing to provide training for workers or to notify them about their rights
- Failing to provide information in workers’ language
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