New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter II - DIVISION OF LABOR STANDARDS
Subchapter C - Industrial Homework
Part 160 - Restriction Of Homework In All Industries
Section 160.3 - Employer permits

Current through Register Vol. 46, No. 39, September 25, 2024

(a) No employer shall distribute or cause to be distributed homework unless said employer holds a permit for such distribution issued by the commissioner.

(b) An application for a permit shall be made upon a form prescribed by the commissioner and shall contain such information as the commissioner finds necessary to effectuate the purposes of article 13 of the Labor Law and of this regulation.

(c) No permit shall be issued to any employer who, on the effective date of this order, did not possess an unexpired permit previously issued by the commissioner.

(d) No permit shall be issued unless such employer maintained an industrial establishment which employs at least one employee, exclusive of the spouse or child of the employer, on a full time basis, performing similar operations as those to be performed by a homeworker and such permit shall not authorize the distribution of homework during any week when less than one full time employee is so employed.

(e) No employer holding a permit shall distribute homework to any homeworker who does not possess a valid homeworker certificate permitting employment by such employer and unless he maintains a copy of such certificate on file in his industrial establishment.

(f) An employer holding a permit shall distribute homework directly to his homeworkers and only from the industrial establishment shown on the permit.

(g) An employer shall not use the services of a homework contractor or distributor.

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