N.Y. Comp. Codes R. & Regs. tit. 12 § 160.6

Current through Register Vol. 46, No. 50, December 11, 2024

Section 160.6 - General provisions

(a) Limitation on amount of homework. The maximum amount of homework which may be given to a homeworker shall not exceed the average amount produced by employees working on similar operations in the employer's industrial establishment. There shall be a presumption of noncompliance with this provision if the average weekly wages of a homeworker exceeds the average weekly wage of employees performing similar operations in the employer's industrial establishment.

(b) Rates of pay to homeworkers. A homeworker shall be paid at least the same piece or hourly rate as employees working on similar operations in the employer's industrial establishment.

(c) Transportation. Delivery and return of all homework shall be made by the employer without any charge to the homeworker. If the homeworker transports the homework to or from the employer, or mails or ships it to others, the employer shall compensate or reimburse the homeworker for expenses necessarily incurred.

(d) Homeworkers.

(1) A homeworker shall hold only one effective certificate at a time and shall work only for the employer named on the certificate.

(2) No homeworker shall be employed in an employer's industrial establishment.

(3) Homework shall be performed only in the home in which the homeworker resides.

(4) The homeworker shall not permit a minor or any other person to assist in any way with the homework.

(e) Employer records.

(1) In addition to any other records required by the Labor Law, the employer shall keep as part of his payroll records and preserve for a period of six years the name and address of each homeworker, the date and amount of work assigned to each homeworker, the operations performed, the rate of pay, the date and amount of work returned or shipped and mailed to others, the weekly hours worked on each lot of work, and the weekly amount of gross wages, deductions from gross wages, and net wages paid to each homeworker.

(2) Employer records, including but not limited to, the employer's payroll and production records, shall be available for inspection at the employer's industrial establishment by the commissioner or his duly authorized representative. Upon request of the commissioner or his duly authorized representative, the employer shall submit a copy of his payroll records subscribed and affirmed by him as true and accurate under the penalties of perjury.

(f) Homeworker records.

(1) Each homeworker shall keep records in a form prescribed by the commissioner showing the date on which homework was received from the employer, the amount of homework received, the number of hours worked on each lot, the date homework was returned to the employer or mailed or shipped to others, and the total weekly payments made by the employer to the homeworker.

(2) Such forms shall remain the property of the Department of Labor and shall be available for inspection by the commissioner or his duly authorized representative and, upon request, at the home of the homeworker. At the request of the commissioner or his duly authorized representative, such completed forms shall be returned to the department.

(g) Labeling of work. The employer shall attach to all materials or articles delivered to a homeworker a label, written or printed typed in English, bearing the name and address of his place of business.

(h) Revocations and suspensions. An employer's permit or a homeworker's certificate may be suspended or revoked by the commissioner if, upon investigation, the commissioner finds that the employer or homeworker has violated any provisions of the Labor Law, or a rule or regulation of the commissioner, or has failed to comply with an order of the commissioner within the time limit specified by such order. An opportunity to be heard shall be granted before any such suspension or revocation.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 160.6