How Does The Fair Labor Act Protect Garment Workers?

On May 9th, the Department of Labor published the results of their recent investigation into the role that manufacturers and retailers play in exploitative working conditions. Let’s break this down a little bit.

The investigation centered around violations of the Fair Labor Standards Act (FLSA). The FLSA dictates standards surrounding the conditions and payment of laborers in a variety of work settings in the United States. One of the most salient standards it sets is the pay of time and a half for overtime (meaning the time worked beyond the traditional 40 hour work week). The FLSA also created the standard minimum wage and revolutionized the protection of workers under the age of 18.

This particular FLSA investigation headed by the Department of Labor Wage and Hour Division targeted King Graphics, the San Diego manufacturer behind the merchandise for popular artists like Ariana Grande, Lady Gaga, Britney Spears, and the Rolling Stones. King Graphics was alleged to have not properly compensated their workers for overtime. Accordingly, they were also alleged to be selling hot goods, products made in violation of the FLSA.

In September 2021, the Wage and Hour Division requested that King Graphics not ship any hot goods. King Graphics complied and then later paid a sum of $10,473 to lift the hold on their hot goods and continue distributing their products.

Through their investigation, the Wage and Hour Division found that King Graphics owed its workers $134,957 in overtime wages. The U.S. District Court for the Southern District of California entered a judgment in April 2022 ordering that King Graphics pay its workers their owed wages in addition to an equal amount in damages. King Graphics must also pay $10,473 in penalties for willfully violating the FLSA. They must also hire an independent third-party to monitor their compliance with the FLSA.

Unfortunately, King Graphics’ case is just one of several like investigations the Wage and Hour Division has completed recently. The Department of Labor’s press release indicates that manufacturers have been cooperative in these investigations and have been given ample instruction in order to avoid further FLSA violations in the future. As Jessica Looman,  Acting Administrator of the Wage and Hour Division states in the Department of Labor’s press release, “The Wage and Hour Division will continue to hold employers accountable and use every available tool to ensure that workers are paid in compliance with the law.”

While the investigations mentioned in the press release focus on manufacturers Looman also states, “All parties, from the entertainers to the distributors and wholesalers, should ensure their profits aren’t supported by workers in sweatshops, many of whom are immigrant women supporting families.” This makes me ponder if/how these other parties could be held responsible for labor violations in the future…but I digress.

The investigations highlighted in the Department of Labor’s press release are just one example of the diligent work the Department does to protect workers. It’s also a reminder that even with strict labor laws, unethical manufacturers operate every day, often in unlikely places.

Read more about garment worker’s rights:

The Humanity Behind Our Clothes: Why Ethical Fashion Matters

Garment Workers Are Still Fighting For $$$ Millions In Unpaid Wages

What’s A Living Wage? Why Does It Matter?