We believe as a matter of principal, that federal, state, and local laws designed to protect workers in the garment industry are necessary and important, and that all employers in our industry should strictly comply with these laws. While the employment practices of our Suppliers are not within the control of Maternity OPCO brands, we hereby go on record as affirming our intention to do business only with Suppliers, which share our views as to the importance of obeying these laws and policies.
If it comes to the attention of Maternity OPCO that any Supplier with whom we do business has been found in violation of these laws, policies and principles, we will reconsider use of any such garment manufacturer. We do not intend to do business with Suppliers, who willfully violate laws and policies, designed to protect workers in the industry.
We expect Suppliers to be transparent in their operations, policies, procedures, and recordkeeping and to embrace a fundamental effort towards operational efficiencies and continuous improvement. If local or industry practices exceed local legal requirements, the higher standard applies. Suppliers producing goods for our brands are expected to be honest and transparent with all records and to have evidence of compliance. We will not tolerate any supplier that submits falsified records.
Compliance with Laws and Regulations
Suppliers must operate in full compliance with all applicable rules and regulations including those regarding labor, worker health and safety and the environment. In addition, compliance with applicable United States and foreign laws and regulations on the importation of its products into those countries, including customs regulations; Country of Origin labeling; product and fabric testing; and product labeling is required.
All Suppliers producing goods for us must implement minimum security criteria based on recommendations developed as a result of the C-TPAT initiative with U.S. importers.
All factories producing goods for us must protect the reputation of Maternity OPCO and its brands and reduce the possibility of illegal activities such as counterfeiting, diversion, trademark infringement and other infringement of intellectual property rights. Suppliers must not sell or otherwise dispose of goods that bear or incorporate our brand trademarks, copyrights, patents, or other intellectual property except as specifically directed in writing by Maternity OPCO.
- We do not permit subcontracting without written permission obtained prior to production. Approved subcontractors must execute all supplier documents and are subject to all regulations governing Supplier.
- The Supplier acknowledges that Maternity OPCO does not condone or permit illegal transshipments to evade the textile quota restraint agreements negotiated between the country of export and the United States. All purchase orders have specified Country of Origin and FCA port and no deviations are permitted
- Maternity OPCO suppliers are expected to conduct their business in an ethical manner. Bribery in any form is prohibited. Suppliers are not permitted to give gifts or any compensation to any employee of Maternity OPCO.
- The Supplier certifies that materials incorporated into the product comply with the laws regarding slavery and human trafficking of the country or countries in which they are doing business.
Contract Labor Requirements
Wages and Work Hours
- In any given workweek, the total gross pay must not be less than the total number of hours worked by the employee multiplied by the legal minimum wage.
- Minimum wage applies to all employees, include those who are paid, in whole or part, on the basis of piecework earnings. If the total earnings do not equal or exceed the number of hours worked multiplied by minimum wage, the difference must be paid to the employee in addition to the piecework earnings.
- The minimum wage laws apply to each workweek separately. Earnings from any given workweek cannot be used to meet the minimum wage requirements for any other workweek; nor can earnings be averaged over a period longer than a workweek for purposes of determining whether the minimum wage requirements have been met.
- The Supplier must pay workers’ wages and legally mandated benefits that comply with the higher of (a) any applicable law or (b) to match the prevailing local manufacturing or industry practices.
- Where applicable, each employee must be compensated for each hour worked in excess of the standard straight time hours – at the appropriate overtime rate.
- The overtime pay provisions apply to pieceworkers.
Monitoring and Compliance
- The Supplier shall cooperate fully with all Maternity OPCO efforts to monitor whether the Supplier is complying in full with this Policy. The Supplier shall (without any limitations) allow our authorized representatives complete and immediate access to all premises, records, and employees announced or unannounced on-site inspections of factories by Maternity OPCO or its representatives, including making factory workers available for confidential interviews in connection with ensuring compliance with this Code of Conduct.
- Any problem requiring corrective action will be subject to a scheduled review by Maternity OPCO or its representatives. Failure to make corrections in a timely manner may result in cancellation of all orders.