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Chapter 6. Division of Labor Standards Enforcement
Subchapter 7. Industrial Homework

Article 2. Prohibiting Industrial Homework in the Garment Manufacturing Industry

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§13623. Conditions of Employment.

(a) Work for One Employer Only. An industrial homeworker shall be permitted to work for one employer only.

(b) Factory Work Prohibited to Homeworker. The industrial homeworker shall not be employed as a factory worker while he or she holds a homework certificate.

(c) Work Distributed Directly to the Homeworker. The employer shall distribute and collect all materials and articles free of charge to the homeworker.

(d) Labels. The employer shall conspicuously affix to each article or material or, if this is impossible, to the package or other container in which such goods are delivered or are to be kept, a label or other mark of identification bearing the employer's name and address, printed or written legibly in English.

(e) Limitation of Work. The maximum amount of work which may be given to any industrial homeworker in any week shall not exceed the average weekly amount produced by workers working legal hours on similar operations in the shop.

(f) Rates Paid to Homeworkers. On any operation, a female or minor homeworker shall be paid a piece-rate sufficient to yield to workers on similar operations in the factory the legally established minimum wage established by the Industrial Welfare Commission.

(g) Employer's Record:

(1) The employer shall keep a record of the name and address of the industrial homeworker, of all articles or materials which such homeworker has manufactured, the date on which articles or materials are issued to the homeworker, a list of articles or materials given out, the kind of work performed on such articles or materials, and the operations to be performed, the piece rates per dozen or per unit paid to the homeworker, the date and amount of finished articles or materials returned, the wages paid for each lot of articles or materials returned, and the total weekly payment made to the homeworker.

Each employer shall, on demand, submit to the Chief of the Division of Industrial Welfare or to her representative a sworn copy of such records, together with such information as the Chief of the Division of Industrial Welfare may in her discretion deem necessary.

(2) Any person who does not deliver articles or materials directly to an industrial homeworker shall keep the name and address of each agent, distributor, or contractor through whom industrial homework is distributed and of all persons from whom he has received materials or articles to be so manufactured.

(h) Homeworker's Record. The homeworker shall keep a record on a form issued by the Division of Industrial Welfare on which the homeworker shall enter the date on which articles or materials are received by the homeworker; a list of all articles or materials received; the kind of work performed on such articles or materials; the piece rates paid per dozen or per unit; the date and amount of finished articles or materials returned; an accurate record of the number of hours worked per day and the total hours worked per week; the total amount received for the work performed during each week; and the date payment was received. All of the above required information shall be certified to by the homeworker. Such records shall be the property of the Division of Industrial Welfare and shall be returned to the division not later than the 10th of the month succeeding the month in which the work was performed; or at any time upon demand by the division.

(i) Revocation of Certificates and Permits. Industrial homework certificates and permits may be revoked or suspended at any time after the holder has been given reasonable notice and an opportunity to be heard, if, upon investigation, the Chief of the Division of Industrial Welfare finds that the industrial homeworker is performing industrial homework contrary to the above conditions or has permitted any person not holding a valid homeworker's certificate to assist him or her in performing industrial homework, or that the employer has not complied with the above regulations or any applicable provision of the Labor Code or the orders or regulations of the Industrial Welfare Division.

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