Garment Worker Rights in California: Piece-Rate Ban and Wage Theft

In California, garment workers must be paid by the hour at no less than the minimum wage, cannot be paid by the piece, and can hold the sewing contractor, the manufacturer and the brand that ordered the clothes responsible for unpaid wages. These rules come from the Garment Worker Protection Act (SB 62), in effect since January 1, 2022, and from the wage laws that protect every California worker, whatever your immigration status.

This guide is for sewing machine operators, cutters, trimmers, pressers, finishers, dyers and anyone who sews or labels clothing, hats, handbags, belts and similar items. If you assemble other products in a factory, see our manufacturing worker guide.

1. Which wage rules apply to garment workers?

Garment shops fall under Wage Order 1, the manufacturing order. The Labor Commissioner lists apparel and garment manufacturing among the businesses it covers. A stand-alone dyeing plant falls under Wage Order 6 instead, with similar core rules. Under that order and the Labor Code:

• Minimum wage: $16.90 an hour in 2026 and $17.40 from January 1, 2027 statewide (Labor Code 1182.12). The City of Los Angeles and some other cities set higher rates; check our Los Angeles minimum wage page and the city-by-city list.
• Overtime: time and a half after 8 hours in a day or 40 in a week, and double time after 12 hours in a day (Labor Code 510).
• Breaks: a 30-minute unpaid meal period before the end of the fifth hour and a paid 10-minute rest break for every 4 hours worked or major fraction. A missed break earns one extra hour of pay for that day (Labor Code 226.7).
• Tools: when the employer requires tools or equipment, such as sewing machines, needles and scissors, the employer must provide and maintain them. The only exception: a worker paid at least twice the minimum wage can be required to provide hand tools customarily required by the trade (Wage Order 1, section 9).
• Paid sick leave: at least 40 hours or 5 days a year (Labor Code 246).

These rights apply regardless of immigration status (Labor Code 1171.5).

💡 Example: Rosa sews at a contractor shop outside any city with its own minimum wage. She works 10 hours a day, Monday through Friday, and is paid $600 a week “by the bundle.” At the 2026 state minimum, she was owed at least 40 × $16.90 = $676, plus 10 overtime hours (2 a day past 8) × $25.35 = $253.50, for $929.50. She was shorted $329.50 that week. Because she was paid by the piece, the shop also owes $200 in damages for each weekly pay period, on top of other penalties. (Hypothetical.)

By the numbers$200

2. The piece-rate ban (Labor Code 2673.2)

Since January 1, 2022, workers in garment manufacturing “shall not be paid by the piece or unit, or by the piece rate.” Instead, you must be paid an hourly rate of at least the applicable minimum wage. Pay “per dozen,” “per bundle,” “per ticket” or per operation is piece-rate pay. So is a weekly amount that depends on how many pieces you finished.

• Bonuses are allowed. An employer may add incentive-based bonuses on top of hourly pay.
• $200 per pay period. A garment manufacturer or contractor that pays by the piece owes $200 in compensatory damages per employee for each pay period, in addition to any unpaid wages and other penalties.
• Union exception. The ban does not apply where a bona fide collective bargaining agreement expressly sets wages and working conditions, overtime premiums, a regular hourly rate at least 30% above the state minimum wage ($21.97 an hour in 2026), stewards or monitors, and a process for wage disputes.

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3. Who is responsible for your pay: contractor, manufacturer and brand

Most garment workers are employed by a contractor shop that sews for someone else. Labor Code 2671 defines three players:

• The contractor: the shop that does the sewing, cutting or finishing for another business.
• The garment manufacturer: a business that contracts with a contractor to have garments made.
• The brand guarantor: a business that contracts for garment manufacturing, including by licensing its brand or name. The Labor Commissioner says this applies “regardless of the layers” between the brand and the contractor.

Under Labor Code 2673.1, a manufacturer or brand guarantor that contracts out garment work is jointly and severally liable with the contractor for your unpaid minimum, regular and overtime wages, break premiums, expense reimbursements, interest, attorney’s fees and costs, and penalties for failing to carry workers’ compensation. That means you can collect the full amount from any of them, though not twice. If the shop closes or disappears, the companies that ordered the work can still be responsible.

Registration and records

Every business engaged in garment manufacturing must register with the Labor Commissioner and must post its registration form where employees can read it during the workday (Labor Code 2675). To register, it must show it has workers’ compensation insurance. Contractors and manufacturers must keep 4 years of records, including daily hours and start and stop times, daily production sheets, wages paid, and contract worksheets showing the price per unit agreed with the manufacturer (Labor Code 2673).

4. How a garment wage claim works

To hold manufacturers and brands responsible under Labor Code 2673.1, you file a claim with the Labor Commissioner against the contractor, the manufacturer and the brand guarantor (if you know who they are). Others can be added later. This claim is the only way to use the joint-liability rule in Section 2673.1, but filing it does not take away your other state or federal rights (Labor Code 2673.1(h)). The law sets fast deadlines:

1. Within 10 business days of your claim, the Labor Commissioner notifies the parties and subpoenas records, including invoices, to identify everyone who may be liable.
2. Within 60 days of your claim, the Labor Commissioner investigates, interviews you and witnesses, and holds a meet-and-confer conference.
3. If the claim doesn’t settle, a hearing must start within 30 days of the conference and finish within 45 days of it, with a decision within 15 days after the hearing.

Two rules help workers. Labels or other credible information identifying a brand or manufacturer create a presumption that it is liable with the contractor. And your claim is presumed valid unless the employer side produces “specific, compelling, and reliable written evidence” otherwise; declarations alone are not enough. If an employer appeals to court, it must post a bond of 1.5 times the award, and you don’t have to post one. Employer-side parties that refuse to pay and lose generally pay your attorney’s fees.

The Labor Commissioner’s language line is 833-526-4636, and its garment email is LCOgarment@dir.ca.gov. Our page on filing a wage claim or hiring a lawyer explains the choice.

Sewing at home is not allowed

California prohibits industrial homework on clothing, and no permit can authorize it (Labor Code 2651). If a shop sends bundles home with you to sew, that arrangement is unlawful. The law still treats the shop as employing you for that work (Labor Code 2650), so keep a record of the hours you spend sewing at home.

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5. Pay problems we see in this job

Practice	Is it legal?	Law
Paying by the piece, bundle or dozen	No, since January 1, 2022; $200 per employee per pay period	Labor Code 2673.2
Cash pay with no pay stub	No. You must get an itemized statement with hours, rates and deductions.	Labor Code 226
Unpaid “trial” or training days	No. All hours worked must be paid at least the minimum wage.	Labor Code 1194
Straight pay for 10-hour days or 6-day weeks	No. Overtime is owed after 8 hours a day and 40 a week.	Labor Code 510
Charging you for needles, thread, machine repairs or broken parts	Generally no	Wage Order 1, sections 8–9; Labor Code 2802
Making you hand back part of your pay	No	Labor Code 221
Working through breaks to make production	One extra hour of pay owed per day	Labor Code 226.7
Shop closes and final pay never comes	No. Final wages are due at once on layoff, with penalties up to 30 days’ pay if willfully late.	Labor Code 201–203

By the numbers$16.90

6. Safety, injuries and workers’ comp

Heat. Cal/OSHA’s indoor heat rule (8 CCR 3396) applies when an indoor work area reaches 82°F. Your employer must provide free, cool drinking water and a cool-down area kept below 82°F where feasible, and let you take a preventive cool-down rest when you need one. When the temperature or heat index reaches 87°F (or 82°F if you work in a high radiant heat area or in clothing that keeps your body from shedding heat), the employer must also measure conditions and control the heat, starting with engineering controls such as cooling the room. The written heat plan must be in English and in the language most of the workers understand. See heat illness at work.

Repetitive motion and machine injuries. Hours of repetitive sewing can cause hand, wrist, shoulder and back injuries. When more than one worker doing the same task has a physician-diagnosed repetitive motion injury reported within 12 months, the employer must evaluate the job, reduce exposures and train workers (8 CCR 5110). Needle punctures and cutting injuries are covered by workers’ comp too. See cumulative trauma claims.

Workers’ comp. Every employer must carry workers’ compensation (Labor Code 3700), and undocumented workers are covered (see our guide). If the shop has no insurance, you still have options under Labor Code 3706. Tell your employer about an injury in writing within 30 days (Labor Code 5400); the general deadline to file a claim is one year (Labor Code 5405).

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7. Retaliation, immigration threats and leave

Protected activity	Protection	Law
Complaining about pay or filing a wage claim	No firing or punishment; adverse action within 90 days is presumed retaliation, which the employer can try to rebut	Labor Code 98.6
Any of these rights, when the employer threatens to call immigration	Threatening to report you or a family member’s immigration status is unlawful retaliation	Labor Code 244(b), 1019
Same	Demanding extra or different work documents, or misusing E-Verify, to retaliate is an “unfair immigration-related practice”	Labor Code 1019
Reporting heat, blocked exits or other safety hazards	No retaliation	Labor Code 6310
Reporting a legal violation to a government agency or supervisor	No retaliation; up to $10,000 civil penalty per violation, paid to you	Labor Code 1102.5
Talking with coworkers about pay	Protected	Labor Code 232
Using sick leave or filing a workers’ comp claim	No retaliation	Labor Code 246.5; Labor Code 132a
Opposing discrimination or harassment	Protected under the Fair Employment and Housing Act	Government Code 12940

Under Labor Code 1019, if an employer engages in an unfair immigration-related practice within 90 days of a worker exercising a protected right, retaliation is presumed. See our guide to immigration rights at work.

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8. What you can recover and deadlines

• Unpaid minimum wages and overtime, with interest, plus liquidated damages equal to unpaid minimum wages (Labor Code 1194.2).
• $200 per pay period for each pay period you were paid by the piece (Labor Code 2673.2).
• Break premiums of one hour of pay per day.
• Pay stub penalties of $50 for the first pay period and $100 for each later one, up to $4,000 (Labor Code 226(e)).
• Waiting time penalties of up to 30 days’ wages for willfully late final pay.
• Civil penalties under Labor Code 558 and PAGA, which can cover a whole shop.

Deadlines: generally 3 years for wage claims (4 for some claims under the Unfair Competition Law); 1 year for a retaliation complaint to the Labor Commissioner (Labor Code 98.7); 3 years for a discrimination complaint to the Civil Rights Department; and generally 1 year for workers’ comp. Don’t wait: older pay periods expire week by week.

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9. What to do now

1. Write down your hours every day, including start, stop and break times. Your employer can’t stop you from keeping your own record (Labor Code 1174).
2. Photograph the labels, tags and brand names on the garments you sew, and any cut tickets or style numbers. Labels can make the brand presumed liable.
3. Photograph the registration form posted at the shop, and keep pay envelopes, checks, pay stubs and texts about pay.
4. Write down coworkers’ names and how to reach them.
5. Request your records. You can ask for your payroll records (Labor Code 226(b); 21 days) and personnel file (Labor Code 1198.5; 30 days).
6. Get help. File a garment claim with the Labor Commissioner or talk to an employment lawyer about your options. Our consultations are free.

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Frequently asked questions

Is it legal to pay garment workers by the piece in California?

No. Since January 1, 2022, garment workers must be paid by the hour at least the minimum wage. Incentive bonuses on top of hourly pay are allowed, and union contracts that meet strict terms are exempt.

Can I file a wage claim if I am undocumented?

Yes. California wage protections apply regardless of immigration status (Labor Code 1171.5), and threatening to report a worker’s status for asserting these rights is unlawful retaliation.

The factory closed and owes me money. Can the brand pay?

Possibly. Manufacturers and brand guarantors that contracted for the work are jointly liable with the contractor for unpaid wages through the Labor Commissioner’s garment claim process.

Can a shop pay me to sew at home?

No. Industrial homework on clothing is prohibited in California (Labor Code 2651).

Do I get paid for waiting when there is no work?

If you are required to be at the shop, waiting time is generally hours worked. If you are sent home after reporting, reporting time pay may apply (Wage Order 1, section 5). See reporting time pay.

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Laws this guide relies on

Law	What it does	Link
Labor Code 2673.2	Piece-rate ban, $200 damages, union exception	Statute text
Labor Code 2673.1	Joint liability of contractors, manufacturers and brands; garment claim process	Statute text
Labor Code 2671, 2673, 2675	Definitions, 4-year records, registration	Statute text
Labor Code 2651	Ban on industrial homework on clothing	Statute text
Wage Order 1	Overtime, breaks, tools, reporting time	Guide
Labor Code 1194	Lawsuits for unpaid minimum wage and overtime	Explainer
Labor Code 1019, 244	Immigration-related retaliation	Statute text
8 CCR 3396	Indoor heat illness prevention	Regulation

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Sources

• Labor Commissioner: Garment Worker Protection Act FAQ
• Labor Commissioner: Garment work in California
• Labor Commissioner: Industrial homeworkers
• IWC Wage Order 1 (manufacturing)
• DIR News Release 2026-66: 2027 minimum wage
• Cal/OSHA: 8 CCR 3396, indoor heat and 8 CCR 5110, repetitive motion injuries
• Labor Code 2673.2, 2673.1, 2675, 244 and 226 (statute mirror)

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