Dept. of Industrial Relations logo

How to Obtain a License to Employ Industrial Homeworker

How to Obtain a License to Employ Industrial Homeworker
Requirement to obtain a license to employ an industrial homeworker:

"No person shall employ an industrial homeworker in any industry not prohibited by Section 2651 [of the Labor Code] unless the person employing an industrial homeworker has obtained a valid industrial homework license from the division." Labor Code section 2658

"No person shall engage, suffer or permit any person to do industrial homework, or tolerate, suffer or permit articles or materials under his custody or control to be manufactured by industrial homework by a person who is not in possession of either a valid employer's license or homeworker's permit issued in accordance with this part." Labor Code section 2659

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 licensing period?

What fees are required?

Each license shall be valid for a period of one year from the date of issuance unless sooner revoked or suspended and shall not be transferrable.

An application fee of $100 payable to the Division of Labor Standards Enforcement will be assessed for each initial and renewal application. Labor Code section 2658

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 License (DLSE 123)
2. Call the Licensing & Registration Unit on Monday through Friday, 8:00 a.m. to 5:00 p.m. at (415) 703-4846 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 other documentation must be submitted with my application form?

1. Proof of Workers Compensation coverage

AN INCOMPLETE APPLICATION, INCLUDING INCOMPLETE SUBMISSION OF REQUIRED SUPPORTING DOCUMENTATION, WILL DELAY THE ISSUANCE OF YOUR LICENSE.

The Labor Commissioner reserves the right to request additional supporting documentation as may be needed to complete the investigation as to the character, competency and responsibility of the applicant.

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)