2012 New York Consolidated Laws
LAB - Labor
Article 13 - (350 - 363) INDUSTRIAL HOMEWORK
350 - Legislative purpose and definitions.

 
    § 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 are therefore destructive of  purposes  already  accepted  as
  sound  public  policy  by  the  legislature  of  the state and should be
  brought into conformity with that policy.   Uncontrolled continuance  of
  homework  is  such  a  condition;  here  wages are notoriously lower and
  working conditions endanger the health of the worker; the protection  of
  factory  industries,  which must operate in competition therewith and of
  the women and minors employed therein and of the public interest of  the
  community  at  large  in  their  health  and  well-being, require strict
  control  and  gradual  elimination  of  industrial  homework.   In   the
  considered judgment of the legislature this article is constitutional.
    2.  Whenever  used in this article: a. "Manufacture," "manufacturing,"
  "manufactured" or "making" includes preparation, alteration,  repair  or
  finishing, in whole or in part, or handling in any way.
    b.  "Employer"  means  any  person  who  either directly or through an
  employee, agent, independent contractor, or any other  person,  delivers
  or  causes  to  be  delivered  to  another  person,  any materials to be
  manufactured in a home, and which are thereafter to be returned to  him,
  not  for the personal use of himself or of a member of his family, or to
  be delivered, mailed, or shipped to others.
    c. "Home" means a room or an apartment in any house.
    d. "House" means any building in which one or more  persons  regularly
  sleep,  and  shall include outbuildings upon premises which include such
  building; but where only a person or persons or the family of  a  person
  or  persons  engaged  in  the  service  of  the  building, sleep in such
  building, the term "house" shall apply only  to  the  separate  room  or
  rooms  or  to  the  apartment or apartments in which one or more of such
  persons sleep.
    e. "Industrial homework" means the manufacturing in a home,  in  whole
  or in part, with or of material which has been furnished by an employer,
  of any article or articles to be returned to the said employer, or to be
  delivered, mailed, or shipped to others.
    f.  "Industrial  homeworker"  means  any  person who manufactures in a
  home, in whole or in part, with or  out  of  material  furnished  by  an
  employer for industrial homework, any article or articles to be returned
  to  such  employer directly or indirectly, or to be delivered, mailed or
  shipped to others.
    g. "Person" includes a corporation, a copartnership or a  joint  stock
  association.
    h.  "Homework  contractor or distributor" means any person who for the
  account or benefit of an employer delivers to a homeworker or any  other
  person  not  engaged  by  such  employer  articles  or  materials  to be
  manufactured in a home and thereafter to be returned to said  person  or
  otherwise disposed of in accordance with his direction.