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California
Code of Regulations, Title 8
Chapter 6. Division
of Labor Standards Enforcement
Subchapter
7. Industrial Homework
Article
2. Prohibiting Industrial Homework in the Garment
Manufacturing Industry (Sections 13620 - 13624)
§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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