# California Labor Board - Screen printers in CA - get a Garment Manufacturing License



## holcomb (Dec 5, 2007)

We got a visit from The California Department of Industrial Realations today. If you decorate garments in the state you need a license. We don't have one so we got fined $100.00 per employee. To get a license go to California Department of Industrial Relations - Home Page, all the codes and regs are there. Bottom line is that it's going to cost $500-$1000 per year. They did "allow" me to continue to operate for the time being. They told me they are doing this big Crack-Down state wide. They came in and checked my Posters, Employee time cards, Workmans comp. insurance, and I had to give them all my contract customers names and addresses. They will also interview your employees and ask for your payroll records. This is for real!! They can shut you down on the spot so if they come calling be "helpful". Oh, one more thing, We have to take some kind of test to get the license. $25.00 and a trip to Sacramento.

Gary


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## kriscad (Dec 18, 2006)

That stinks!


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## queenVee (Aug 16, 2007)

hi holcomb, 
tried looking for the codes. where did you find it? so you are saying any type of garnment decorating (heat transfers, screen printing, emborider, etc.. is that correct. what exactly do we need


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## queenVee (Aug 16, 2007)

you mean a business license? what kind a licensce


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## mrvixx (Jan 13, 2009)

I think this is only if you have a federal tax id with employees.


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## holcomb (Dec 5, 2007)

> you mean a business license? what kind a licensce


No, a "Garment Manufacturers" license. We are seeing a lawyer Monday. Three other shops have been fined in the area this week.


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## holcomb (Dec 5, 2007)

> hi holcomb,
> tried looking for the codes. where did you find it? so you are saying any type of garnment decorating (heat transfers, screen printing, emborider, etc.. is that correct. what exactly do we need


Here is the link. How to obtain a garment registration certificate


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## mrvixx (Jan 13, 2009)

So do you manufacture your own garments? I am a decorator not a manufacturer


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## mrvixx (Jan 13, 2009)

"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. Labor Code Section 2671(b).


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## holcomb (Dec 5, 2007)

> So do you manufacture your own garments? I am a decorator not a manufacturer


No, we have an embroidery shop. The Labor board says we fall into the "finishing" part of the code. We are going to appeal after we get legal council.


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## Dan K (Nov 15, 2006)

Hey folks. We just went through this whole process and got our garment license. Every poster I see on here so far is required to have one. If you do not have one, the state can actually confiscate all of your garments and close and lock your doors, in addition to the fines... The extent to which they take it is up to them. I'd highly suggest everyone really look into this and begin the process to get your license. It's no joke, and they will come. I know of numerous printers, embroiderers, alterations shops, and the like who have been hit recently. Some shut down and out of business, some with fines well past the $10,000 range, etc... I'd suggest reading all of the information on the DLSE site and starting the process...


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## TshirtGuru (Jul 9, 2008)

Dan K said:


> Hey folks. We just went through this whole process and got our garment license. Every poster I see on here so far is required to have one. If you do not have one, the state can actually confiscate all of your garments and close and lock your doors, in addition to the fines... The extent to which they take it is up to them. I'd highly suggest everyone really look into this and begin the process to get your license. It's no joke, and they will come. I know of numerous printers, embroiderers, alterations shops, and the like who have been hit recently. Some shut down and out of business, some with fines well past the $10,000 range, etc... I'd suggest reading all of the information on the DLSE site and starting the process...


Is this only in the state of Cali?


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## Dan K (Nov 15, 2006)

I believe that NY and NJ have similar programs, but I am only really familiar with what is required in California.

I just had a nice discussion with Gary. Nice to talk with you Gary!


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## pukingdeserthobo (Jun 3, 2008)

sorry to hear that


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## mrvixx (Jan 13, 2009)

This isnt nothing new though. requirements were last updated in 2005


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## amp267 (Oct 11, 2006)

holcomb said:


> We got a visit from The California Department of Industrial Realations today. If you decorate garments in the state you need a license. We don't have one so we got fined $100.00 per employee. To get a license go to California Department of Industrial Relations - Home Page, all the codes and regs are there. Bottom line is that it's going to cost $500-$1000 per year. They did "allow" me to continue to operate for the time being. They told me they are doing this big Crack-Down state wide. They came in and checked my Posters, Employee time cards, Workmans comp. insurance, and I had to give them all my contract customers names and addresses. They will also interview your employees and ask for your payroll records. This is for real!! They can shut you down on the spot so if they come calling be "helpful". Oh, one more thing, We have to take some kind of test to get the license. $25.00 and a trip to Sacramento.
> 
> Gary


$100 per employee, what if its just a one person show. how did they locate you.


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## Dan K (Nov 15, 2006)

amp267 said:


> $100 per employee, what if its just a one person show. how did they locate you.


If your business is registered with any agency, if you have payroll, pay taxes for a business, if you have a business card, a website, or any sort of advertising, they'll find you. As I told Gary, when they were here for their sweep in December, I peeped the OSHA dude with about 5-10 business cards in his folder from many of our local screen printers, places they had already visited that day.


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## Solmu (Aug 15, 2005)

I wonder how many people's first thought after "Damn, I got fined!" is "What is the name of that annoyingly little printer that keeps undercutting me again?"


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## mdkuli (Mar 8, 2009)

Hey Folks-

The California state garment license is the real deal and I got hit with it years ago. I own a screen printing and embroidery business in Orange, CA and one day several ago I too was visited by a DLSE agent and then cited for a big fine. I appealed it and spent several months fighting it with several sources. I spoke with both administration within the California D.I.R. and even my own elected California Assemblyman. NOTHING would get me out of it. I completely agree that when you read the CA labor code, it says nothing about our specific type of business- decorating or embellishing already finished garments. It didn't matter, they are hard line that we need a garment license. Honestly, I would not waste much money or effort in fighting this becasue its been tested by several others including me. If you go on a Google search you can see a year old press release from the Labor Commissioner that specifcally states screen printers and embroiders do need the license. See Labor Commissioner Cites Southern California Garment Businesses for Labor Violations | Reuters

Anyway, if you are a screen printer or embroiderer in California and you do not have a garment license, you really run a huge risk of getting fined and/or even shut down. I would not put this one off because it's expensive!

Mark D. Kuli
Kustom Imprints


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## holcomb (Dec 5, 2007)

Update:
Thank you all for the information. My state senator's office contacted the Labor Board on my behalf and got them to drop the citations I was issued. Small victory! But the bottom line is that we will have to get licensed as a garment manufacturer. If you have employees I would recommend going through the process. It's not worth fighting this.


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## amp267 (Oct 11, 2006)

holcomb said:


> Update:
> Thank you all for the information. My state senator's office contacted the Labor Board on my behalf and got them to drop the citations I was issued. Small victory! But the bottom line is that we will have to get licensed as a garment manufacturer. If you have employees I would recommend going through the process. It's not worth fighting this.


what if you dont have employees, does anybody know what they will do about the people that work out of there home, can they just go search without a warrent.


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## tpitman (Jul 30, 2007)

Well, the state is pretty much broke, so I suppose they are going to get their money any way they can. They'll eventually drive out most business and anyone with ambition through their taxation, and the feds (meaning the rest of us) will have to send them "stimulus" money from there on out. At that point, we can just tell the Mexicans to come and take it back.
That said, why people stay in places like New York and California and pay those prohibitive taxes is beyond me. Here in Florida (a sunny spot for shady people), we skip the tax part all together and have Charlie Crist hit his buddy Obama up for a little stimulatin' right off the bat. Keeps us unwashed masses from getting too crabby. Plus, the weather here in the winter is pretty nice. Most folks with ambition here are moving to North Carolina and Arizona.


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## sportmarty (Jul 6, 2008)

holcomb said:


> No, a "Garment Manufacturers" license. We are seeing a lawyer Monday. Three other shops have been fined in the area this week.


Holcomb, 

So I uderstand all you have said and done but can you please tell me what kind of test needs to be taken? As an example my sister in law had to take a practical and chemical test when she was applying for her hairdresser license. It was a pretty dicey exam she had to pass and actually required rudimentary chemistry skills and knowledge beyond the knowledge that a standard person may possess. I am so old right now that the only test I could not study for and pass is a drug test and even then it would be dicey I think! LOL

On a side note it seems that the BOE considers many of us as retailers for tax purposes yet the Labor Dept considers us a manufacturer... sounds like the case of the state having a wife and a mistress too. Tax us as a retailer and Fee us like a manufacturer. GEEZ even murderers have a double jeapordy clause that protects them...


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## holcomb (Dec 5, 2007)

From what I am told the test is about labor laws. When I send my application in they will send me info on the test. It's probably all on the employment posters in my backroom, but who reads those?


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## amp267 (Oct 11, 2006)

holcomb said:


> From what I am told the test is about labor laws. When I send my application in they will send me info on the test. It's probably all on the employment posters in my backroom, but who reads those?


just the underpaid employees


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## mdkuli (Mar 8, 2009)

I've taken the garment license test. It''s not difficult and it's much more specific to the garment industry. They will quiz you on specific labor laws and also correct payment to employees when you pay by piece counts. (Something very common to garment manufacturing but not so much in our screen printing / embroidery world.) The DLSE should give you a booklet or pamphlet that you can study from. 

Good luck on it!

MDK


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## ReiRei (Feb 23, 2009)

Hi, I've been getting all the information to start my own brand and just found this.

I am not going to do screen printing but I am thinking to get plastisol transfers and just heat press by myself...do I still need this certificate???
I will also have no employees.

Thank you.


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## holcomb (Dec 5, 2007)

> Hi, I've been getting all the information to start my own brand and just found this.
> 
> I am not going to do screen printing but I am thinking to get plastisol transfers and just heat press by myself...do I still need this certificate???
> I will also have no employees.


From what the labor board has told me you are OK if you don't have employees.


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## ReiRei (Feb 23, 2009)

Thank you


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## jeffie (Jan 30, 2008)

Hey, well this is our government at it's fineist in tough ecnomic times they are going to put small bussiness out or squeess them in the name of labor law...Let me guess 2 people in suits drive up in a state owned car (costing $0.60/mile) that one of them drives home....each one makes 50-60k$ plus benifits..plus the cost of his boss and his boss up the line. I'll bet any one that the total cost to the taxpayer (oh wait only bussiness pay any real tax anymore) for a single vist runs $5000 (they got to go back to the office and spend untold hours filling out forms getting transscipts yada yada yada....my thoughts....like we say in the south "ain't that nice" (means f$%# you)...jeff


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## sueson (Feb 19, 2009)

thanks for the heads up!


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## sueson (Feb 19, 2009)

I wonder if I'll need the license - basically my partner and I do all the work our of our home office and have no employees (unless we count), but we are a corporation . . . does that make a difference?


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## Dan K (Nov 15, 2006)

sueson said:


> I wonder if I'll need the license - basically my partner and I do all the work our of our home office and have no employees (unless we count), but we are a corporation . . . does that make a difference?


Sounds like you need one. I would get on the line with your local Department of Labor Standards Enforcement and find out the facts yourself though sooner than later...


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## puertopass (Jan 13, 2009)

For the previous poster (few posts above), why did they take the names of the contract customers names and addresses? Are these the customers that sent their t-shirts in for printing/embroidery?

Is this Garment licence also needed for a business that sends t-shirts out to print to a differerent printer shop? and the printing does NOT happen in-house? with no employees?

How about sending the labels to be sewn at a different shop/company? Or even if the labels are sewn in house by the only person in the business? I think almost everyone does one or the other. Is a manufacturing license needed for this situation too?

Thanks for any info. This is very confusing.


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## mdkuli (Mar 8, 2009)

puertopass-

I think you do need to look into this with the DLSE. I do know when you apply for the California Garment License, you specificaly have to select if you are a contractor or manufacturer. In your case, I believe that you may need one as a contrator. I could be wrong, but I'd definitley look into it with the State.

Good Luck


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## puertopass (Jan 13, 2009)

mdkuli said:


> puertopass-
> 
> In your case, I believe that you may need one as a contrator. I could be wrong, but I'd definitley look into it with the State.
> 
> Good Luck


Thanks mdkuli... Well, after calling and asking they said that I need a garment manufacturer license as a contractor. Please, can someone who has gone through this process indicate how they handled questions 15 and 16 in the application, where they ask for name as address and registration # of any manufacturer that has been contracted with?

Also, I am surprised there is no link in the forum that warns people about this license, not only screen printers or embroiderers. It seems that anyone who sells t-shirts in California needs this license.
Please, any help with the description of the application process?


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## DivinaWasyl (Apr 24, 2009)

amp267 said:


> what if you dont have employees, does anybody know what they will do about the people that work out of there home, can they just go search without a warrent.



My husband and I do not have employees and I just got off the phone with someone from the garment hotline who confirmed that we do NOT need the certificate. He did say in order to protect ourselves that we would need to submit a letter for their records stating our situation. Their reply letter would protect us if we were ever investigated by a DLSE agent.


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## puertopass (Jan 13, 2009)

DivinaWasyl said:


> My husband and I do not have employees and I just got off the phone with someone from the garment hotline who confirmed that we do NOT need the certificate.


Please, I am trying to make sense of the different answers provided by the Hotline. You have a home business, no employees, do you contract anything out? Is sewing/printing being done in the home or outside (e.g. care/company labels being sewn in by someone else?). Did they specify why in this case the license is not needed versus other cases?

To whom in the department can the letter with questions be addressed? 

Thanks for any help.


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## VinnyYak (Jun 13, 2007)

Maybe they want to be sure that you we don't employ children like they do in Asian countries.


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## DivinaWasyl (Apr 24, 2009)

puertopass said:


> Please, I am trying to make sense of the different answers provided by the Hotline. You have a home business, no employees, do you contract anything out? Is sewing/printing being done in the home or outside (e.g. care/company labels being sewn in by someone else?). Did they specify why in this case the license is not needed versus other cases?
> 
> To whom in the department can the letter with questions be addressed?
> 
> ...


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## CenCoastDesigns (Feb 11, 2009)

Does anyone have any updates on this? Are those in the gray area operating out of their home?


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## VINEYS (Nov 30, 2009)

We are a retail sporting goods store in Ca. We do NO screenprinting or ornamentation of any kind in house. We ship T-shirts & uniforms to an outside printer. We were hit by labor commissioner. He said because we "contract" to have shirts printed, we still are a garment manufacturer. But if you look at the state labor code's definition of a contractor, it specifically says anyone "PRIMARILY" engaged in contracting the sewing, cutting, finishing, etc. We appealed and LOST!!! What a racket! we hired an attorney and have been fighting it. You screenprinters should fight too!! Contact your State assemblymen for your district!! This labor code was intended for sweatshops and not decorators. Call your assemblyman!!!!


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## VINEYS (Nov 30, 2009)

It just isn't right!!!! We are a retail store for cyin' out loud!!!!!!


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## holcomb (Dec 5, 2007)

I got inspected by the labor board last month for the third time. I got fined (again). So I gave in and applied for the license. I also took the test last week, it's all about labor laws. My advise to you is if you have been inspected, get the license, if you haven't been inspected, wait until you get caught. I don't see getting around this with lawyers, just throwing more money away. There are some big penalties for not being in compliance, read up on them and decide if it's worth fighting. I don't think you can beat it. They can come in and confiscate everything in your store.


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## mdkuli (Mar 8, 2009)

I fully agree that you should just get the garment license and be done with it. It is a pain to get registered, but once it’s done, they'll be off your back. Lawyers and other such legal maneuvers will probably be more costly and time consuming in the long run. (I've personally tried and not gone very far.) 

And by the way, the non garment license permit fine that the California DLSE imposes is not all they will get you for. If you have other potential problems, like a lapsed workers comp policy, un-managed payroll records, minor employees without a work permit or other potential employee issues, you'll get fined for a bunch more. When our company was caught back in 2002 (without the garment license) we also had one employee just a week away from his 18th birthday, but no current work permit on file. That was another $500 DLSE fine. 

If you plan to be in the screen printing and/or embroidery business in California, just get the garment license. It’s the fricken’ cost of doing business in this State.

Mark D. Kuli
Kustom Imprints
www.kustomimprints.com


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## [email protected] (Mar 23, 2010)

Well a nice deputy stopped in our factory the other day and slapped us with a $1400 fine for 14 employees including My wife and I! We have 7 people in production and 5 in the office/art dept but we were all included.
So from what I can see and read if you decorate garments you need this license that I've never heard of. We are going to get one now and appeal the fine. Hope this works and I hope they don't want to go back the 22 years we've been in business. We had no knowledge of this license and it's interesting they've chosen now to come around.
Any other info on this process would be greatly appreciated. We are applying for the license and we've already appealed to our Assemblyman but it sounds like our State Senator may need to hear about this. It's a lot of money.
It's sooooo nerve wracking when you are just trying to stay in business, and get new business when something like this takes up all your time and keeps you up at night.
Cheers, Bill


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## hdem (Mar 1, 2008)

I am in business with my brother doing screen printing. it's been registered as a partnership. we have no employees. do i still need this special license?


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## holcomb (Dec 5, 2007)

[email protected] said:


> Well a nice deputy stopped in our factory the other day and slapped us with a $1400 fine for 14 employees including My wife and I! We have 7 people in production and 5 in the office/art dept but we were all included.
> So from what I can see and read if you decorate garments you need this license that I've never heard of. We are going to get one now and appeal the fine. Hope this works and I hope they don't want to go back the 22 years we've been in business. We had no knowledge of this license and it's interesting they've chosen now to come around.
> Any other info on this process would be greatly appreciated. We are applying for the license and we've already appealed to our Assemblyman but it sounds like our State Senator may need to hear about this. It's a lot of money.
> It's sooooo nerve wracking when you are just trying to stay in business, and get new business when something like this takes up all your time and keeps you up at night.
> Cheers, Bill


 Bill,
Check out this web site for more info to change the verbage of the law; garmentmafia.org I went through the process and got the license. One more suprize you will encounter is that you will need to post a bond now that you have been fined. It will cost you $1500.00 for a $5000.00 bond (3yrs).


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## holcomb (Dec 5, 2007)

One more point. When you are licensed you cannot do contract work for any company that is unlicensed. The fine for that are huge.


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## jiarby (Feb 8, 2007)

How can your customer lists be any business of the government!?


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## Dan K (Nov 15, 2006)

holcomb said:


> One more point. When you are licensed you cannot do contract work for any company that is unlicensed. The fine for that are huge.


Bill, sorry to hear your story, unfortunately this has happened to a lot of shops.

Where are you Bill, Southern Cal?

There was a very aggressive focus on enforcement in Northern Cal in 2008 and 2009, I wonder if they are shifting their focus, or expanding it to So Cal.

I do not believe that partnerships are exempt from this license, we had to have one when we were a partnership and all three employees were partners and two of them family.

Holcomb is right, part of the application process is reporting everyone you do business with - manufacturers, contract printers, garment manufacturers (including distributors if they offer relabel or any similar services) - they require you to report the names and license numbers and if a company doesn't have one, they require you to write a letter stating that you will not do business with those companies by name.


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## Dan K (Nov 15, 2006)

jiarby said:


> How can your customer lists be any business of the government!?


If you are a business registered in a state, you are subject to the state, and federal regulations...


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## jiarby (Feb 8, 2007)

This kind of thing drives businesses out! I know of a business that relocated from SAC to Ensenada MX because of excessive CA government pestering. (not a garment biz)...

The result? Loss of sales tax on a couple million in annual sales, and the loss of a half dozen local jobs. BTW... local jobs that may end up on unemployment, food stamps, welfare, etc. 

I am all for getting rid of child labor sweatshops, but it sounds like they are stretching the definition of what a "garment manufacturing" operation is. Are there alot of child labor sweatshop screen printers? Go bust the business owners that are impoirting them. 

If you really care about child exploitation why not make it illegal to import goods manufactured ANYWHERE in child labor sweatshops. Send those inspectors to Long Beach to start opening containers full of garments made in sweathshops in SE Asia. 

That will never happen... because WalMart has better lawyers than Billy's ScreenShop in Chico CA. 

Oy Vey! Where is my lithium!?


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## hdem (Mar 1, 2008)

I am in business with my brother doing screen printing. It's been registered as a partnership. We rent a small 1,500 sq. ft. shop. We have no employees. Do I still need this special license?


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## [email protected] (Mar 23, 2010)

I'm located in Northern California. So when I get my Garment License I can no longer print anything that is provided to me for resale unless that person has a garment license? That seems crazy because there are several companies in the area that specialize in contract work for Ad Product distributors and the like.
Every Ad Product distributor would have to have a Garment License?

This whole thing is very depressing.


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## holcomb (Dec 5, 2007)

Bill,
I'm in Fresno. The way it was explained to me is if you are doing contract for a company that doesn't decorate or manufacture, you are OK. If they decorate and don't have employees, you are OK. If they decorate and have employees, you have to make sure they have a license. If you contract for say embroidery or screen printing, the company that provides that service must also be licensed. You can go to dir.ca.gov and check the database located under "Labor". You can search by city, zip code, etc. Another thing I encourage everyone to do is go to garmentmafia.org ( I love the name). There is alot of info on the web site. Also there is a place to add your company to a list of companies banding together to put pressure on the state to better define who is a manufacturer. An assemblyman from Redding is working on legislation to help. I'm sure it will take some time to correct, but the more on the list, the better.


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## [email protected] (Mar 23, 2010)

Thanks Holcomb! We are in touch with our local Assemblyman Jerry Hill as well. He has requested all the info on this garment license business and we are sending it to him.

Do you know who the Assemblyman in Redding is as maybe I can hook them up together and they can do something for all of us innocent printers and embroiders trying to make an honest living!

We are joing up on the Garmentmafia site as we speak and thanks also for that!

Best Regards, Bill/Access Uniforms


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## princessracer (May 31, 2009)

Omg! this is all making my head spin! I'm almost thinking my wholesale license isn't worth all of this headache!


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## holcomb (Dec 5, 2007)

I think it's Nielsen. It's on the garmentmafia.org site.


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## VINEYS (Nov 30, 2009)

We won our case! True justice and common sense prevails!!! We are a retail store who were visited unannounced by a deputy labor commissioner on Nor Cal & told that even though we do no printing of our own, because we "contract" it out to have printed before selling to our customers, we are a contractor, thus, a garment manufacturer. Logic, and common sense, of course, tells us this law & license is not for the small neighborhood sports store who "occasionally" send out hoodies for screening.. We looked up the state's labor code definition of a "contractor"...it is someone who is "primarily" involved in contracting the cutting, sewing, etc. We aren't even close to that being our primary thing. We appealed, and lost the appeal hearing which had a hearing officer who drove to the hearing together with the citation issuer. (what a racket!) We then hired an attorney who was disgusted with the blatant misinterpretaion of the intended labor code/law and misuse of power, and appealed a second time, taking higher up the courts. Three thousand dollars and 15 months later, we won our case! The judge whloeheartedly agreed that to call a small independent family owned neighborhood sporting goods store a garment manufacturer was ridiculous and an obvious misinterpretation of the State Labor Code.
Of course we do NO ornamentation, so we are different from screenprinters, but having gone over this indepthly, I am confident the law does not mean to include small screenprinters/embroiderers who are merely decorating long since finished garments. That would be like saying an artist is involved in the manufacturing of painter's canvases. Decorating a garment is an end user option, not an action that "finishes" a garment. Fight it!!


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## [email protected] (Mar 23, 2010)

Outstanding! Even though we Silkscreen and Embroider here we have every intention of fighting it ourselves. I have a Lawyer who owned a screen printing shop for more than 20 years and he's pretty outraged by this. I'll keep you posted everyone.

I found it interesting that the law has some companies that are exempt such as Tailors and Laundry companies. Tailors sew things onto cloths and Laundries also sew things onto clothing as well as "finish" apparel by washing, pressing and hanging etc yet somehow they were exempted. Laundries actually ARE sweatshops in some cases....they get pretty hot....


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## AceHigh51 (Jun 14, 2010)

Hey there everyone,
I too was blind sided by a field rep in Salinas, CA back in April of this year. I got a $400 fine and have been put through the wringer because I am appealing the fine. GOOD NEWS though, check out www.garmentmafia.org there are links to the state assembly that show the status of state assembly bill AB2576, it has just been re-written in May of this year and it has SPECIFIC verbage to exclude screen printers and embroidery from the manufacturing description. The garmentmafia site doesn't have the most current version posted, but follow their links to the state site and check it out. We need to contact our local state assembly reps and voice our concern that they support the bill in the name of small business. There is already some labor unions and some other organizations that are oposing it so we need to get the word out and draw some attention to this for our industry. If we do not, then they will keep pushing around our small businesses because they have no resistence.
I plan on fighting mine as far as I need to and everyone else should too, WE ARE NOT MANUFACTURERS!!!!
Thanks, Carl


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## Dan K (Nov 15, 2006)

Carl, and others...

A couple other folks and myself are waiting word back from that congressman's office. We have been communicating with them about this and the state labor commissioner is interested in meeting with us to hear more, which is good, however...

We've been advised by a rep from the labor commissioners office that garment decorators have no chance of being excluded from this license, they cite recent abuse lawsuits in our industry of some print shops in So Cal that have serious violations.

It seems at this time, that everyone is working to get the enforcement officers to lighten up on their enforcement policies and also for the state to better inform all of us that we actually need this license, along with some leniency for those who are operating ethically, that leniency being something like a 30 or 90 day grace period for shops to acquire this license rather than receiving these heavy fines right off the bat.

Also, we've been informed that these changes to policy can take a couple of years.

So it sounds like it is a long process, and we will not be excluded, but we may have a say in how then enforce and regulate the license and so on...


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## holcomb (Dec 5, 2007)

I got my license at the end of March this year. If you have been fined ( like me ) expect them to require a $5000.00 bond for three years. This will cost you another $500.00 per year. I live in Fresno and up to now, we are the only embroiderer they have persued. The officers are just doing a "hit or miss" job. Once they have fined you they will be back.


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## Fernando Vargas (Apr 4, 2011)

Hi my name is Fernando Vargas and I am on the Sublimation business. My company is in San Diego and I was hit by an officer 3 months ago and they told me that I had to have a Garment Mfg. License. I do ALL of my work in Mexico City with a Mexican Company and they ship the finished and packed goods directly to my clients. I was not fined then. 
Last week, we had our heraing since they audit us for Employee's punch cards, financials, business licensess, etc. The SAME officer was there and we got a fine for not having the "Valid Garment Industry Certificate"

We have 3 employees (administrative) so they fined us $300 and now we have to register !!!

Can somebody point me in the right direction since I don't believe I need to register since I am not either a contractor or a Manufacturer.


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## binki (Jul 16, 2006)

this is purely a money grab by the PRC. file an appeal. that would be like walmart having to get a license.


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## holcomb (Dec 5, 2007)

You are now "In the Box". There is no getting out. I went through the process 2 years ago, it wasn't very pleasant. Be prepared to post a $5K bond since you were fined.


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## Fernando Vargas (Apr 4, 2011)

Did you appealed ?? I will still appeal and have the informal hearing within 15 days. I will let you know. It sounds like if somebody buys garment products from overseas, then you have to also apply for the Certificate....


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## Fernando Vargas (Apr 4, 2011)

Dear Friend:

I am a swimwear distributor and they already fined me for $ 300 (3 employees. I import my product from Mexico and I would like to ask you if you don't mind, for you to send me your lawyer information so I can start with somebody with experience in this field because I am fighting it.

Thank you very much,

Fernando


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## holcomb (Dec 5, 2007)

It is going to be cheaper to just get licenced. Less stress too!


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## Gorillawhite (Sep 29, 2009)

holcomb said:


> It is going to be cheaper to just get licenced. Less stress too!


If you don't mind me asking, since you just went through the process. How hard was/is it to get the license and what all do you need to get it? Thanks.


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## holcomb (Dec 5, 2007)

You can download everything you need from the website How to obtain a garment registration certificate It takes time to get all the information they require. At some point you will take a test (all labor law). In my instance I was fined three times, on the third visit they told me they would lock my doors and confiscate everything in the building if I didn't comply. That got my attention and I did the deal. Once you get licenced you are prohibited from doing contract work for any company that is not licenced or face huge fines. And since you have been fined you will need to obtain a $5k bond for 3 years (cost me $1500 for that). Then 3 months before your licence expires, they forct you to apply for a renewal (and pay again of course). Also expect OSHA and EDD to accompany the labor board on their second visit, so have your safety training manuals up to date. OSHA also wants to see your heat exhaustion and bloodborn pathagens policies. Good Luck


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## binki (Jul 16, 2006)

this will change soon with redistricting and the tossing out of these idiots with new ones that might have a little more sense.


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## Gorillawhite (Sep 29, 2009)

holcomb said:


> You can download everything you need from the website How to obtain a garment registration certificate It takes time to get all the information they require. At some point you will take a test (all labor law). In my instance I was fined three times, on the third visit they told me they would lock my doors and confiscate everything in the building if I didn't comply. That got my attention and I did the deal. Once you get licenced you are prohibited from doing contract work for any company that is not licenced or face huge fines. And since you have been fined you will need to obtain a $5k bond for 3 years (cost me $1500 for that). Then 3 months before your licence expires, they forct you to apply for a renewal (and pay again of course). Also expect OSHA and EDD to accompany the labor board on their second visit, so have your safety training manuals up to date. OSHA also wants to see your heat exhaustion and bloodborn pathagens policies. Good Luck


Thanks for the info. I can't believe Cali has these outrageous laws. Sounds like you went through hell, just glad everything turned around for you. I'm starting out and haven't got any of my licenses, but wanted to inquire on this law so that way I can get everything squared away before I start getting guberment people at my door.


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## Rodney (Nov 3, 2004)

It looks like they are taking a closer look at this issue. Check out this thread: http://www.t-shirtforums.com/screen-printing/t151336.html

I also saw this paragraph in the latest SGIA - Specialty Graphic Imaging Association newsletter:



> Garment Decorators Win Big in CA County
> SGIA has long held that the garment registration requirements imposed by California state government do not apply to garment decoration facilities. In January 2010, a coalition was formed to fight these requirements. In April 2010, the Superior Court in Colusa County interpreted that businesses that alter ready-to-wear clothing by graphic embellishment, embroidery or iron-on transfers, are exempt from the registration requirements.
> The battle is not yet over, as the industry continues to fight these requirements in other California court districts. For more details, contact Marci Kinter.


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## gerryppg (Jan 29, 2010)

i notice that fines are "per employee" what if you dont have employees?


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## tlampman (Nov 13, 2008)

gerryppg said:


> i notice that fines are "per employee" what if you dont have employees?


You do not need a garment license if you do not have any employees.

I thought that was strange also when they came into our shop in Nov 2010. Lots of agencies came through the door all at the same time. And everyone one of them told us that if we did not have that (1) employee then they wouldn't be able to go past the office door....not OSHA, department of commerce, labor, edd. None of them. Man that ticked me off.


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