§ 350. Legislative purpose and definitions. 1. The employment of women and minors in industry in the state of New York under conditions resulting in wages unreasonably low and conditions injurious to their health and general welfare is a matter of grave and vital public concern. Any conditions of employment especially fostering such working conditions […]
§ 351. Powers of the industrial commissioner and exceptions. 1. The industrial commissioner shall, after proper study and consideration, determine within what industries conditions may permit of industrial homework as hereinbefore defined without unduly jeopardizing the factory workers in such industries as to both wages and working conditions and without unduly injuring the health and […]
§ 352. Permits required. 1. An employer shall secure an employer’s permit from the commissioner before delivering or causing to be delivered to another person any materials for manufacture by industrial homework, and shall not deliver or cause to be delivered any materials for industrial homework to a person who has not a certificate issued […]
§ 353. Fees. All fees and other monies derived from the operation of this article shall be paid into the state treasury to the credit of the general fund.
§ 354. Conditions of manufacture. 1. No person other than a person resident therein shall carry on industrial homework on any article in a home except as otherwise provided for under section three hundred fifty-one, subdivision two, paragraph b. 2. No person shall carry on industrial homework except in accordance with this article. 3. No […]
§ 354-a. Distribution of homework to employees by employer. The employer shall, wherever homework is permitted, distribute directly to his homeworkers all material and articles of homework. No employer shall give out any material or articles for homework through any homework contractors or distributors. No homework contractors or distributors shall receive or distribute any materials […]
§ 355. Periodic inspection. 1. The commissioner shall inspect every house in which industrial homework is permitted, and the materials issued to the industrial homeworker. 2. If the commissioner finds that any home in which homework is being done is not clean, he shall order the tenant at once to clean it. 3. If the […]
§ 356. Notice of unlawful manufacture. If the commissioner discovers any manufacture in a house contrary to the provisions of this article, he shall serve notice of such unlawful manufacture upon the employer.
§ 357. Unlawfully manufactured articles. The commissioner shall conspicuously affix to each or all articles unlawfully manufactured in a house a tag not less than four inches in length bearing in small pica capital letters the words “unlawfully made,” or shall seize and hold such article until claimed by the owner thereof. Unless the person […]
§ 358. Revocation or suspension of permits and certificates. The commissioner may revoke or suspend the permit of any employer or any homeworker’s certificate for a violation by such employer or by any person named in such certificate, of the terms of such permit or certificate, or of any provision of this chapter or of […]
§ 358-a. Action and injunction. 1. The industrial commissioner may maintain an action upon his own information or upon the complaint of a private person against any person, partnership, corporation or association, and any employee, agent, director or officer thereof who commits any act or engages in any conduct prohibited by this article. In any […]
§ 359. Inspection of health records. The commissioner may inspect such records of any department of health or of any health officer or any county board of health as will aid him in carrying out his duties under this article. Any health officer or officer of any such department or county board shall, at the […]
§ 360. Notice and hearing. No permit or certificate shall be refused, revoked or suspended unless the holder previously have reasonable notice, and an opportunity to be heard.
§ 361. Summary proceedings; when may be instituted. The carrying on of manufacture in a home or of industrial homework contrary to the provisions of this article shall be cause for dispossessing its occupants by summary proceedings to recover possession of real property. Upon receipt from the commissioner of a notice showing such manufacture or […]
§ 361-a. Employment status of industrial homeworkers. All industrial homeworkers shall be presumed to be employees of their employer and not independent contractors.
§ 361-b. Civil penalties. 1. If after investigation the commissioner finds that an employer has violated any provision of this article, the commissioner, shall by an order which shall describe particularly the nature of the alleged violation, assess the employer a civil penalty of not more than three thousand dollars for each violation. In assessing […]
§ 362. Rules and regulations. Rules and regulations necessary to carry out the provisions of this article shall be made by the commissioner.
§ 363. Construction. If any provision of this article or the application thereof to any person or circumstance is held invalid, the remainder of the article and the application of such provision to other persons or circumstances shall not be affected thereby.
