Union Alleges Loophole in Sweatshop Plan

The labor union Unite and two activist groups filed a lawsuit in San Francisco County Superior Court claiming that state authorities have illegally curtailed their anti-sweatshop efforts in the apparel manufacturing industry. The suit cites an internal memorandum issued in October by Roberta Mendonca, California’s labor commissioner, exempting retailers that manufacture clothing for sale in their own stores from the requirement to register with the state. The plaintiffs say the registration requirement allows state regulators to scrutinize working conditions under which garments are made and to enforce labor laws. The policy cited in Mendonca’s memo “completely ignores the fact that work standards for the garment industry are set at the top. Therefore, the retailer who is contracting out the work is essentially controlling the workers’ wages and working conditions,” said Lora Jo Foo, a lawyer for the Asian Law Caucus, which is teaming with Unite and Sweatshop Watch in filing the suit. A spokesman for the labor commissioner’s office said state officials have not yet reviewed the suit and thus would not comment.