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How to Obtain a Permit to Work as an Industrial Homeworker

How to Obtain a Permit to Work as an Industrial Homeworker
Requirement to obtain a permit to work as an industrial homeworker:

"No person shall do industrial homework within this sate unless he has in his possession a valid homeworker's permit." "The permit shall be valid only for work performed by the applicant himself in his own home." Labor Code section 2660.

"No homeworker's permit shall be issued to any person under the age of 16 years; or to any person suffering from an infectious, contagious, or communicable disease, or to any person living in a home that is not clean, sanitary, and free from infectious, contagious, or communicable disease." Labor Code section 2661.

Who must obtain a permit to work as an industrial homeworker?

Definitions:

"To manufacture" means to make, process, prepare, alter, repair, or finish in whole or in part, or to assemble, inspect, wrap, or package any articles or materials.

"Employer" means any person who, directly or indirectly or through an employee, agent, independent contractor, or any other person, employs an industrial homeworker.

"Home" means any room, house, apartment, or other premises, whichever is most extensive, used in whole or in part as a place of dwelling; and includes outbuildings upon premises that are primarily used as a place of dwelling, where such outbuildings are under the control of the person dwelling on such premises.

"Industrial homework" means any manufacture in a home of materials or articles for an employer when such articles or materials are not for the personal use of the employer or a member of his or her family.

"Person" means any individual, partnership and each partner thereof, corporation, limited liability company, or association. Labor Code section 2650

"Person" shall be deemed to include manufacturers, contractors, jobbers and wholesalers. Labor Code section 2658.5.

What specified articles and work are not allowed to be performed by industrial homeworkers?

The manufacture by industrial homework of any of the following materials or articles shall be unlawful, and no license or permit issued under this part shall be deemed to authorize such manufacture: articles of food or drink; articles for use in connection with the serving of food or drink; articles of wearing apparel; toys and dolls; tobacco; drugs and poisons; bandages and other sanitary goods; explosives, fireworks, and articles of like character; articles, the manufacture of which by industrial homework is determined by the division to be injurious to the health or welfare of the industrial homeworkers within the industry or to render unduly difficult the maintenance of existing labor standards or the enforcement of labor standards established by law or regulation for factory workers in the industry. Labor Code section 2651.

What is the permit period?

What fees are required?

Each permit shall be valid for a period of one year from the date of issuance unless sooner revoked or suspended and shall not be transferrable. The permit shall be valid only for work performed by the applicant himself in his own home.

An application fee of $25 payable to the Division of Labor Standards Enforcement will be assessed for each initial and renewal application. The Division may waive the fee for a permit in cases where the applicant requests such waiver, and can establish that payments of the fee would result in financial hardship. Labor Code section 2660

How do I obtain an application package?

You can either:

1. Download the form from the internet (Adobe Acrobat Reader required):
   a. Industrial Homeworkers Application for Permit (DLSE 48)
2. Call the Licensing & Registration Unit on Monday through Friday, 8:00 a.m. to 5:00 p.m. at (415) 703-4854 and request that a package be sent to you.
3. Request a package by mail or in person at the addresses provided below.
4. Email your request with complete mailing address to DLSE.licensing@dir.ca.gov

What information must be revealed to the Division by the person doing industrial homework?

Every person doing industrial homework, with or without a valid homeworker's permit issued by the division, shall reveal to the division, on demand, the name and address of the employer, the name and address of the owner or source of the articles or materials for industrial homework, the rate of compensation and any other information known to the homeworker and pertinent to the enforcement of this section. This information so revealed by the homeworker to the division shall not be used by the division in any action against or prosecution of the homeworker. Labor Code section 2660.1

What are the requirements for RENEWAL of a License to Employ Industrial Homeworkers?

Requirements, including required application form and fees, are the same as for new applications.

Once I have obtained and completed the application, how and where do I submit my application?

Mail your application form to: 

Department of Industrial Relations
Division of Labor Standards Enforcement
Licensing and Registration
P.O. Box 420603,
San Francisco,  CA  94142

(Physical address:  455 Golden Gate Ave, 9th Flr.
     San Francisco, CA 94102)

Please note:  To ensure delivery, all mail must be sent to the P.O. Box address above)