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UNITED STATES DEPARTMENT OF LABOR FRANCES PERKINS, Secretary WOMEN’S BUREAU FRIEDA S. MILLER, Director STATE LABOR LAWS FOR WOMEN WITH WARTIME MODIFICATIONS DECEMBER 15, 1944 ^ PART IV.—ANALYSIS OF INDUSTRIAL HOME-WORK LAWS '$Q SlO t O S f OlVlSfif^a S e a iA U ■--sir 'fercso* Bulletin or the Women’s Bureau, No. 202-IV A ► UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON : 1945 ~>*jf For 8ale by the Superintendent of Documents, U. S. Government Printing Office Washington 25, D. C. - Price 10 cents <3 3<s, LETTER, OF TRANSMITTAL United States Department of Labor, Women’s Bureau, , Washington, February 20, 1945. Madam: I have the honor to transmit a report summarizing in legalchart form, State by State, as of December 15, 1944, the laws that prohibit or regulate the employment of workers on factory processes in their homes instead of on the employer’s premises. The bulletin is part of the series of State labor laws for women being issued by the Women’s Bureau, which deals also with hour laws; those prohibiting and regulating certain occupations; maternity laws; and the requirements for sanitary and other plant facilities. The charts have been submitted to the various States for approval. For the courtesy of their examination and comment I extend to the State authorities my grateful thanks. The research and compilation of the laws are the work of Sara L. Buchanan, of the Division of Labor Legislation and Administration. Respectfully submitted. Frieda S. Miller, Director. Hon. Frances Perkins, Secretary oj Labor. ii INDUSTRIAL HOME-WORK LAWS State ALABAMA. law. Coverage Permits and cer tificates Persons who may be employed Working condi tions Home work on ar No employer may ticles of food or deliver goods for drink, articles manufacture for use in con without a per nection with the mit. Fee: $50. serving of food or drink, or arti cles of wearing apparel for use of children 10 years of age or under; toys and dolls; tobacco; drugs and poi sons; bandages and other sani tary goods; ex plosives, fire works, and arti cles of like char acter. Persons 16 years of age and over free from a com municable dis ease. No certificate will be issued to a worker living in a home that is not clean, sani tary, and free from communi cable disease. Industrial welfare division is au thorized to issue orders prohibit ing home work in an industry when it finds that such em ployment is in jurious to the health and wel fare of home workers, or that it renders un duly difficult the maintenance or enforcement of labor stand ards established by law for fac tory workers in the industry. Exemptions: Certain handi capped persons Prohibited work Records Labels Employer must keep a record of home workers, showing the names, address es, earnings, and articles pro duced; also rec ord of persons supplying him with work or materials and of agents to whom he furnishes work. Employer must label home work materials with his name and address in legible English. No ALASKA. Nolaw. ARIZONA. No law. ARKANSAS. No law. CALIFORNIA: 1939 supple ment to gen eral laws (Deering), Labor Code, p. 755, secs. 2650-2668. Manufacturing in a home of mate rials or articles for an employer unless for the use of himself or a member of his family. Miscellaneous INDUSTRIAL HOME-WORK LAWS—Continued State Coverage Prohibited work Permits and cer tificates Persons who may be employed CALIFORNIA— Continued. http://fraser.stlouisfed.org/ Federal ReserveJkBank* of St. Louis Labels Miscellaneous Employer must record home worker’s name and address, and the articles or materials manufactured by worker, date materials were issued to work er, list of arti cles or mate rials assigned, kind of work performed, operations to be performed, piece rates paid, Employer must conspicuously label each article or ma terial supplied for home work. Label must show employ er’s name and address in leg ible English. If unit labeling impossible, the identifica tion must be on the pack age or other container. Employer must distribute and collect mate rials and arti cles free of charge to the home worker. may be given special permits to engage in home work, if the division’s pro hibitory order results in undue hardship to them. The handicaps in clude old age, physical or mental disabil ity, injury or in ability to adjust to factory employ ment, or inabil ity to leave home due to essential care of an invalid. Every employer in the manufac turing industry wherever condi tions make the law applicable. Home work on garments in cluding hand or machine proc esses, also pre paring, alter ing, repairing, or finishing. Exemption: Hand knitting. Records All home work except by handicapped persons under special permit. Special permits and certificates may be granted to employers and home work ers respectively when it is shown that em ployer applicant maintains a factory where similar work is done; and that home-worker applicant was employed as home worker in the industry on Persons unable to do factory work because of ad vanced age, physical or mental disabil ity, or essential care of an invalid in the home. Home worker may work for one employer only; and may not do factory work while holding home work certificate. Week’s work as signed may not exceed average weekly output of factory work ers on similar operations working legal hours. Women and minor ST A T E LABOR L A W S FO R W O M E N Industrial welfare commission order No. 1 NS —Man ufacturing. (1942) Industrial welfare di vision pro hibitory or der No. 1— Garment manufac turing. (1941) Working condi tions to V i V r ✓ or before Sept. 1,1941, and is covered by workmen’s compensation insurance. Industrial commission order No. 2 (1938). Pur suant to 193 7 laws, ch. 189. Retail trades oc cupations. No employer shall give work that can be per formed on the premises to women or minors to be I done elsewhere. date finished work returned, wages paid for each lot re turned, and total weekly payment to the home worker. Also, name and address of each distributor for employer, and of persons from whom goods and materials received for distribution. Home workers must record articles or mate rials received, and date; work done, piece rates, articles or materials fin ished and re turned, and date; hours worked per day and week; total weekly pay, and date. Cer tified record to be sent division of industrial welfare by 10th of next month or on demand. IN D U S T R IA L H O M E - W O R K L A W S COLORADO: home workers to be paid not less than legal minimum wage paid for similar work in the fac tory. Order applies to females em ployed in retail trades occupations. CO INDUSTRIAL HOME-WORK LAWS—Continued State Coverage Prohibited work Permits and cer tificates Home work re stricted to em ployment for employers lo cated in the State; to in dustries in which home work is custo mary and neces sary; to proc esses performed by simple hand methods; and to workers who are handicapped, or responsible for care of an invalid in the home. Employer must obtain a certifi cate to distrib ute materials for home work. Annual fee: $25. Home workers must have of ficial permits. Persons who may be employed Working condi tions Records Labels Miscellaneous CONNECTICUT: 1939 supple Processing of ma ment to gen terials in a home eral statutes, for an employer, sec. 836e. to be returned to him for any purpose other than the per sonal use of himself or a member of his family. DELAWARE. No law. Owner of prem ises where home work is done must obtain license author izing such use. Issued only after inspec tion. Fee: $25. Employer must record each worker’s name and address, kind and amount of ma terials distrib uted, rates paid, and work er’s total weekly earnings. Commissioner may seize goods processed in violation of the law, and any materials brought or sent into the State to be processed in Connecticut homes. w LABOR L A W S FO R W O M E N 1931-1935 cu mulative supplement to general statutes, secs. 905c. 906c. Individuals 16 No processing of years of age or materials al over if regular lowed in any employment home in which outside their there is con homes is pre tagious or com vented by in municable dis jury or nonconease. tagious illness, Wage rates paid physical inca not to be lower pacity from age, than those in a or essential factory or other home duties. place of busi Other individuals ness for similar if process re work. quires only sim ple hand tools and commis sioner deter mines that home work is customary in the industry or occupation in the State and that suspension of it would work undue hardship on labor or in dustry. Workers must live Laws regulating in home where hours and work work is done. ing conditions in factories ap ply also to home work. V ^ r i v - -V v. ' ^ + DISTRICT OF COLUMBIA: wage board order No. 8. (1939) Women employed Employer must keep records for on home work all home work must receive not ers, as required less than the for plant work minimum wage established for ers. lant workers y official order. and wholesaling occupations. Order applies to women and minors. FLORIDA. No law. IN D U S T R IA L H O M E - W O R K L A W S GEORGIA. No law. HAWAII. No law. IDAHO. No law. ILLINOIS: Revised stat utes 1943, ch. 48, secs. 251-260. wage direc tory order No. 4— Wash-dress industry. '1938) Processing in a home of any article from ma terial furnished by an employer, such article to be returned to employer, and not intended for his personal use or for use of members of his family. Work done in a home producing or manufactur ing cotton, rayon, linen dresses, aprons and uniforms, or any part of them, for em ployer engaged in the washdress industry. Processing of arti Employer must obtain a permit. cles of food or Fee: $200. Per drink, drugs or mit renewable poisons, medical annually on and surgical graduated scale dressings, saniaccording to tarjr napkins, number of and cotton bat workers. Lim ting; fireworks, ited to a speci explosives, and fied industry or articles of simi trade. lar character; Home worker toys and dolls; must obtain tobacco. annual certifi cate. No fee. - - . Only a person liv ing in his own home may be certified for home work. Permit not issued to applicant with communi cable disease, nor to minor under 16 years of age. Every holder of a Owner of prem sanitary permit ises where home must keep on work is done premises an ac must obtain a curate register sanitary permit, of all persons authorizing such engaged on in use. Permit dustrial home valid for one work. Em year. Issued ployer must re free after official port every 6 inspection and months the approval as to names and ad floor and air dresses of his space, ventila home workers. tion, heating, at mospheric con ditions, and lighting. Employer must Home workers keep accurate shall be paid the record of hours minimum rate worked by each specified in the home worker order. and the wages Overtime beyond paid to each, 40 hours in any and furnish on one week at one demand to the and one-tenth department a times regular sworn statement hourly rates. of the record. Order applies to women and minors. A minor means any male person under 21 years of ageiand any female per son under 18 years of age. Cn INDUSTRIAL HOME-WORK LAWS—Continued State Coverage Prohibited work Permits and cer tificates Persons who may be employed Working condi tions Employer must procure permit from the safety inspector. Per mit must state maximum num ber of persons to be employed on the premises and be posted in the work place. Granted only after offi cial inspection and approval of premises. Only immediate members of the family living in the place where home work is performed. At least 250 cubic feet of air space required for each person em ployed between 6 a. m. and 6 p. m.; at least 400 cubic feet of air space for each person em ployed between 6 p. m. and 6 a. m., unless re quirement modified by the safety inspector. Electric lighting and sufficient ventilation re quired. Permit may be revoked at any time if health of community or employees re quires it. o Records Labels Miscellaneous INDIANA: Statutes an notated (Baldwin) 1934, sees. 10071, 10072. IOWA. No law. STA TE LABOR L A W S FO R W O M E N Manufacture of coats, vests, trousers, knee pants, overalls, cloaks, furs, fur trimmings, fur garments, shirts, purses, feathers, artificial flow ers, or cigars, for sale, in any room or rooms, apartment or apartments, in any tenement or dwelling house, by the immediate members of the family living therem. KANSAS. No law. KENTUCKY. No law. LOUISIANA. No law. MAINE. No law. MARYLAND: Annotated Manufacturing in code (Flack) whole or in part, License must be obtained from Limited to im mediate mem- License will not be issued unless Employer must keep register of Employer must issue with all | T ▼ * r 1939, art. 27, secs. 371-375. 635706 W»* cn " ^ altering, repair ing, or finishing any articles whatsoever, un less for use of worker or im mediate mem bers of the household, or wearing apparel for use of em ployer or his family, in any part of a tene ment or dwell ing house except a workshop on main floor, not used for sleep ing or cooking, having a sepa rate street en trance and en tirely separate from rest of building. MASSACHU SETTS: Session laws: Manufacturing in No permit'may be issued for the a home of mate 1937, ch. 429, manufacture of rials or articles p. 556; 1939, or delivery of for an employer, ch. 461, p. material for man to be returned to 629. ufacture of to him for other bacco; drugs and than personal poisons; band use of himself or ages and other a member of his sanitary goods; family. Exemp explosives, fire tion: Organiza works, and tions incorpo goods of like rated in the character. Commonwealth for educational or philanthropic purposes; home work performed under supervi- V V commissioner of labor and statis tics by any member of the family desiring to do home work. Applica tion must show location of the remises, numer of persons to be employed, and full name and address of owner of build ing in which work is to be done. Employer must obtain annual permit from the commissioner of labor and sta tistics. Permit granted onlyafter inspection; must state maximum num ber of persons to be employed. bers of the fam ily living in the work premises, specified as hus band and wife, their children, or the children of either. Employer must Applicant must be at least 16 years obtain annual of age and free permit. Fee: $50. from any com Employer may municable dis not deliver ma terials or articles ease. to any person not in possession of a valid cer tificate to do in dustrial home work. Employ ee’s certificate free. Valid for one year. Cov ers only work performed by applicant in his own home. the premises are shown by official inspection and records to be free from com municable dis ease and un sanitary condi tions. Inspec tion required each 6 months. At least 500 cubic feet of air space required for each employee. Laws require fire escapes, proper exits, separate privies for male and female em ployees. names and ad dresses of per sons employed by him on home work. articles or ma terials a label showing in English the name and place of his business. Certificate will not Employer must Each package of materials or ar keep a record of be issued to a ticles delivered persons engaged home worker for industrial in industrial iving in a home home work home work in that is not clean, must be labeled his employ, sanitary, and with employer’s places where the free from com name and ad work is done, ar municable dis dress in legible ticles manufac ease. Commis English. tured by home sioner may pro workers, net hibit home work cash wages re found to be in ceived by each jurious to the home worker, health and wel all agents or con fare of home tractors by workers, or to whom he con render unduly tacts home difficult the workers, and all maintenance or IN D U S T R IA L H O M E - W O R K L A W S td V <1 INDUSTRIAL HOME-WORK LAWS—Continued State Coverage Prohibited work Permits and cer tificates Persons who may be employed 00 Working condi tions Records enforcement of labor standards established for factory workers in the industry. persons from whom he re ceives materials for home-work manufacture. must be the equivalent of those paid in the factory for the same type of work. Rates not to be less than the mini mum established by the mini mum-wage com mission. Home workers em ployed both in the factory and in the home may not work more than 9 hours in one day or more than 48 hours in one week in both places. Home of applicant must be in spected before home worker’s first certificate is issued and at intervals after ward. Certifi- furnish the de partment each month with the name and ad dress of each agent or con tractor furnished by him with ma terial for home work; a list of names and ad dresses of per sons employed by him m home work; and any other informa tion required by the department. Labels Miscellaneous MASSACHU SETTS—Con. sion of the divi sion of the blind in department of education. 1 Employer is re bels or other sponsible for marks of identi all transporta fication must tion costs. be approved by Regulations department. apply to all persons em ployed in home work. ST A T E LABOR L A W S FO R W O M E N Department of labor and industries— Rules and regulations for the con trol of in dustrial home work. Industrial Bui. No. 20. (1937) Home workers under 18 years of age must ob tain special per mit from labor department. ▼ V > J V- > v cates are not transferable; void when hold er moves to another location. MICHIGAN: Compiled laws 1929, sec. 8337. Employer must obtain permit from factory in spector, stating maximum num ber of persons allowed to be employed, aud showing that premises in tended for home work use are thoroughly clean, sanitary, and satisfactory for occupancy by the home workers. Permit granted only after in spection; must be posted con spicuously in workplace. No restrictions — No industrial home work to be done in any room or apart ment used for living or sleep ing purposes or connected with such rooms, and without a sepa rate distinct outside entrance for use of others than members of the family in the dwelling. At least 250 cubic feet of air space required for each person employed. Workrooms must be pro vided with suf ficient means of lighting, heating, and ventilation, under the su pervision of the chief factory inspector. Employer must keep a written register of names and addresses of persons to whom home work is assigned, or with whom contract is made. IN D U S T R IA L H O M E - W O R K L A W S Manufacture of coats, vests, trousers, knee - pants, overalls, skirts, dresses, cloaks, hats, caps, suspend ers, jerseys, blouses, waists, waist bands, underwear, neckwear, furs, fur trimming, fur garments, shirts, hosiery, purses, feathers, artificial flow ers, or cigars and cigarettes, in any room or apartment in any tenement or dwelling house, except in the case of a seamstress do ing work on articles for family use. MINNESOTA. No law. MISSISSIPPI. No law. CD INDUSTRIAL HOME-WORK LAWS—Continued State Coverage Permits and cer tificates Prohibited work Persons who may be employed Working condi tions Records Labels MISSOURI: Revised statutes 1939, secs. 10236-10237. Miscellaneous "" Not more than 3 persons besides immediate members of family living in the place where home work is done. MONTANA. No law. If articles have keep a written been made in register of names violation of and addresses oi the home persons to work law, or whom home under unclean work is assigned, or unhealthful or with whom conditions, contract is they must made. have label affixed by offi cial inspector containing words “tene ment made" or “made un der unhealthy conditions." STA TE LABOR LA W S FO R W O M E N Manufacture of any wearing ap parel, purses, feathers, artifi cial flowers, or other goods for male or female wear in any room or apart ment in any tenement or dwelling house. NEBRASKA. No law. NEVADA. No law. NEW HAMP SHIRE. No law. NEW JERSEY: Session laws 1941, ch. 308. Manufacture in a Manufacture of home of ma articles of food terials or arti or drink; arti cles for an em cles for use in ployer^ aai. the serving of thereafter ■»food or drink; turned to Km, toys and dolls; not for the per tobacco; drugs sonal use of him and poisons; self or of a mem bandages and ber of his family. other sanitary Exemption: Taigoods; explo- http://fraser.stlouisfed.org/ Federal Reserve *.Bank>of St.iLouis Employer must No home work obtain annual er's certificate permit. Appli to be issued to cation must list person having a names and ad communicable dresses of home disease or living workers. Per in home that mit not trans is not clean, san ferable. Fee: itary, and free $50. Annual from communi renewals grad cable disease. | uate from $50 Home worker r ___._______ i____ ' - Industrial home Employer must work to be per provide an ac formed only in curate record of accordance with home workers, the wages, places where hours, and they work, ar working condi ticles or ma tions estab terials distrib lished for labor uted, each home in factories or worker's earn business, by ings, articles or persons of the | materials man- Articles pro duced by home work must show conspic uous label or other identi fication, bear ing employer's name and ad dress in legible English. Home workers shall not ex ceed one-third of the number 9f employees in employer’s factory. lor or seamstress making articles of wearing ap parel for per sonal use of em ployer or a member of his family. must be 16 years of age or over and a resi dent in the home in which work is done. same age and sex as the home workers, either by State law or any applicable Federal law. Home worker’s certificate is sued only if home is in clean and sanitary condition. If commissioner of labor finds as to any industry that home work cannot be con ducted without injuring the health and wel fare of the home workers or ren dering unduly difficult the maintenance of existing labor standards es tablished by law for factory workers, he shall prohibit home work in the industry. Exemption: Any person found unable to adjust to factory em ployment be cause of old age, physical or men tal deficiency or disability, or unable to leave the home be cause of essen tial service to an invalid. ufactured, in dependent con tractors through whom he deals, and any other facts and infor mation perti nent to proper enforcement of the act. IN D U S T R IA L H O M E - W O R K L A W S sives, fireworks, to $200 accord and articles of like ing to number of home work character; arti ers employed. cles of children’s Employer may and infants’ not deliver ar wearing apparel; articles which ticles or ma terials for in in processing re dustrial home quire exposure work to inde of worker to hazardous sub pendent con tractor who stances; manu does not possess facture or dis valid employ tribution of er’s permit. dolls’ clothing. Each home worker must possess a valid home worker’s certifi cate. Issued free annually. Certificate to be posted in the place of work; is not transfer able due to change in ad dress. INDUSTRIAL HOME-WORK LAWS—Continued State Coverage Prohibited work Permits and cer tificates Persons who may be employed Working condi tions Records Labels Miscellaneous NEW JERSEY— Continued. Minimum Light manufac wage direc turing occupa tory order tions cover work No. 2—Light performed on manufac specified articles turing occuat any place pations . other than at (1939) the factory or on the premises of the employer. Minimum Wearing apparel and allied occu wage man datory order pations as speci No. 3fied in the order Wearing and accompany apparel and ing schedule. allied occu pations (as modified). (1942) NEW MEXICO. No law. Minimum fair Employer must wage rates estab keep records lished. showing dates Piece-work rates and hours on to be not less which work is than rates paid given out and for identical returned, amount work done in of work given the factory or out and returned, on employer’s kind of opera premises; result tions performed, ing wages not piece rates paid, to be less than hours worked on the minimum each lot returned, fair wage stand amount paid for ard established each lot returned, by this order date payment is for time work made, also name ers. Hours and address of worked in excess each distributor of 40, in any or subcontractor week after Oct. through whom 24,1940, are over work is distrib time and time uted. and a half the regular hourly rate must be paid for such hours. do. .do. Order applies to all women and minors em ployed under order regard less of nature of employer's business or location of the place where work is done. Do. NEW YORK: All home work in Industrial Manufacture, the industry ex processes and commission cept by handi transactions in er’s home capped persons volved in man work order in the branch of ufacture of outer No. 1— the industry clothing (except Men’s and shirts, collars, known as mer boys' outer chants and cus men’s neckwear, clothing in tom tailoring. hats, hosiery, dustry. and knitted (1936) wear) for males of 6 years and over. Certificate must be posted in the place where the work is done. No fee required. Home worker Employer must must be over 60 have held a per years of age and mit to distribute have a physical home work pri disability that or to Apr. 25, prevents his do 1936. Home ing the same worker must work in a shop. have held home work certificate to work for same employer prior to Apr. 25, 1936 Home worker must be cov ered by work men's compen sation insurance. Home worker may As part of his pay roll, employer work for one em must keep a ployer only at complete rec any one time. ord of date of Home worker distribution of must be paid at work, style and least the same amount of work piece-work rate given out, rate as that paid to of pay, date of workers on the return of work, same or similar amount of work operations in returned, and employer’s fac total weekly tory. payments. Home worker must record wages and pro duction in a handbook is sued by the de partment. Employer must distribute directly to home workers all materials and articles of home work. Not to distri bute through home-work contractors. Home work must be de livered to home worker and called for free of charge by employer. IN D U S T R IA L H O M E - W O R K L A W S Employer must A person who is at The commissioner Employer must 1931-35 cumu Manufacture in a No article of food, Employer must attach to all furnish the com may prohibit secure permit least 16 years of no dolls or dolls’ home in whole lative sup materials for missioner at pre home work age, and lives in from the com clothing, and no or in part with plement to home manu scribed intervals within an in the home where missioner before stuffed animals material furn 1930 consoli facture a label with an accur dustry if it un the work is delivering to an or other stuffed ished by an em dated stat ate list of all bearing his duly jeopar other person any done. toys used in the ployer of any ar utes, ch. 32, name and ad persons engaged dizes wages and materials for ticle or articles same way as arts. 4, 5, dress in legible in industrial working condi manufacture by dolls, may be to be returned and 13, secs. English. home work un tions of factory industrial home manufactured in to him, not for 350-363; ses workers or in der contract work. Annual a home for a fac the personal use sion laws: with him; of all jures health and fees are gradu tory either di of himself or for 1940, chs. places where the welfare of home ated from $25 to rectly or through a member of his 386, 422; work is done; of workers. $100, based on a contractor or family. 1942, ch. 659. all materials fur He may also re number of home for an employer. nished and dis strict the grant workers em tributed, all ing of licenses ployed. goods manufac and permits, Each home tured by such and issue rules worker must persons, and the and regulations hold a certifi wages paid to to control in cate permitting each home dustrial home industrial home worker. work in the per work to be done mitted indus in the home in tries. which he re CO INDUSTRIAL HOME-WORK LAWS—Continued State NEW YORK— Continued. Ibid., No. 2— Ibid., No. 3— Artificial flower and feather in dustry. (1939) Prohibited work Manufacture of and processes and transactions involved in the manufacture of men’s and boys’ neckwear of all materials for males of 6 years and over. All home work in the industry ex cept by handi capped persons. Manufacturing, Home work in the processing, as artificial flower sembling, re industry except pairing, or other by handicapped wise treating or workers under handling arti special permit. ficial flowers, Home work in the fruits, leaves, feather indus and feathers. try. http://fraser.stlouisfed.org/ Federal ReserveABank of St. Louis Permits and cer tificates Persons who may be employed Working condi tions Records Special home-work Persons who are The home worker’ As part of his pay permits and cer unable to adjust certificate per roll, employer tificates may be to factory work mits work only must keep a granted respec because of age; for one employer record of date tively to em are physical whose name is on which work ployers and ly or mentally entered thereon is issued to the home workers disabled for fac The amount of home worker, when it is shown tory work; or work assigned amount of work that the appli cannot leave shall not exceed assigned, opera cant as a home home because of that done in the tions performed, worker received essential care of same week on rate of pay, date home work prior an invalid in the same pro work is re to Feb. 3, 1937, the home. cesses by shop turned, amount from an em workers em of work re ployer holding ployed not more turned, and the a permit granted than the maxi total payment prior to that mum hours of made to home date; that work work for women worker. er is covered by as established Employer must workmen’s com by law. enter this in pensation insur Factory rates to formation in a ance; and that be paid for simi handbook issued emnloyer main lar home-work to home worker tains a factory operations. by the depart where one or ment of labor. more employees do the same work as assigned to the home worker. Employers and Persons licensed The’maximum Employer’s pay home workers to do home work amount of work roll must show in the artificial before Mar. 10, assigned to name and ad flower industry 1938, who are home worker in dress of each must obtain unable to do any week must home worker, special home factory work not exceed the date on which work permits because of age average amount work is issued, and certificates; or physical or produced by amount of work they must have mental disabil persons on simi given out, opera held permits is ity, or because lar flower-mak tions performed, sued prior to of the essential ing operations rate of pay, date Mar. 10, 1938; care of an in in the shops by work is returned, the employer valid in the work performed amount of work Labels Miscellaneous Employer must distribute all materials and articles di rectly to home worker. The employer must distrib ute all mate rials and arti cles directly to home worker. STA TE LABOR L A W S FOR W O M E N Men's and boys’ neck wear indus try. (1937) Coverage V 635706 4* VI Ibid., No. 4— Glove ind u s t r y. (1942) Manufacturing, Home work in the processing, treat industry restric ing, handling, ted to handi or repairing any capped persons. articles in the glove industry by industrial home work, and distribution of articles for such work. Excludes employers en gaged solely in the dyeing or cleaning of used gloves. home. Permit granted Persons licensed employer if he to do home held permit to work in this distribute home industry before work in this Apr. 1, 1941, industry prior to who are unable Apr. 1, 1941, to do factory and maintains a work because of factory in which age or physical or mental dis 1 or more per ability, or be sons are em ployed on glove cause of essen operations iden tial care of an tical with opera invalid in the tions required home. in home work. Employer shall not distribute home work ex cept to a person holding a home in the regular returned, and hours in the the weekly pay same week. ment made to Home worker home worker. must be paid at Individual infor least the same mation on these rate as shop matters must be workers on entered by em flower-making ployer in a hand operations. book issued to Rates and rules home workers by the depart governing em ployment of ment of labor. home workers Employer must must be given keep a record of to each home daily and worker in a form weekly hours prescribed by worked in the the commis plant, and weekly sioner. wages for work Home worker is ers in his shop, permitted to as well as weekly work only for payments to the one employ home workers. er listed on his or her certificate, and may not be employed as a factory worker while in posses sion of a home work certificate. The maximum All materials Employer must amount of work keep a complete or articles de assigned to one livered to record of the worker in any name and ad home workers dress of each must be la week must not exceed the aver beled with worker; date on which work is employer’s age amount produced by distributed; name and persons working style and business ad in the same amount of work dress in legible week on identi given out; opera English. The tions to be per cal operations style and in employer’s formed; rate of amount of pay; date of work delivered factory. Home workers return of work; must be must be paid at shown. amount of least the same work returned piece rate as and total weekly that paid to payments with workers on dates payments identical operawere made. Employer shall distribute all materials and articles of home work directly to home work er and pay all transporta tion charges. IN D U S T R IA L H O M E - W O R K L A W S must maintain a factory in which persons are employed on flower-making operations simi lar to those done by home work ers. Home workers must be covered by workmen’s compensation insurance. INDUSTRIAL HOME-WORK LAWS—Continued State Coverage Prohibited work Permits and cer tificates Persons who may be employed Working condi tions Records tions in em ployer’s factory. Home worker shall hold only one effective certificate at any one time and work only for employer named on that certificate. He may not be employed as a factory worker while he holds a home-worker certificate. This informa tion must be entered in the home worker’s handbook is sued by the de partment of labor. Employer must also record name and address of each person employed in his factory, daily and weekly hours worked, weekly wages paid, also daily production, operations per formed, and the style and amount of w ork of each factory em ployee, also total number of dozens of gloves cut weekly and number made weekly. Workroom is deemed a shop or factory, ex cept as to the immediate members of the family living therein. Must be separate Employer must keep record of persons to whom work Is given or con tracts made in connection with home work, also of persons from Labels Miscellaneous NEW YORK— Continued. NORTH CARO LINA. No law. NORTH DAKO TA. No law. OHIO: Code (Throck- Process of making morton) wearing apparel 1940, secs. or goods for 1020-1025. wear, use, or adornment, or manufacture of cigars, ciga rettes, or to bacco goods in No restrictions. STA TE LABOR L A W S FO R W O M E N worker’s certifi cate issued to him to do in dustrial home work for such employer. Home worker must be cov ered by work men’s compen sation insurance. w from, and have no door, win dow, or other opening into, a living room or sleeping room; must not be used for living or sleeping pur poses nor con tain household equipment; must have di rect entrance from the out side, and if above the first floor, a separate stairway; must be sufficiently lighted, heated, and ventilated. Suitable watercloset accom modations must be provided for employees of each sex. Ratio of accom modations established by law is according to number of employees. Workroom must be kept in a clean and wholesome condition. Stairway and premises within a radius of 30 feet to be kept clean and water closet properly disinfected. The chief sanitary inspector may require neces sary changes or cleaning as re quired to insure freedom from health hazards. OKLAHOMA. No law. whom goods or tobacco are purchased. IN D U S T R IA L H O M E - W O R K L A W S any dwelling or building, or room or apart ment thereof in or connected with a tene ment, dwelling, or other build ing if articles produced are to be exposed for sale or sold by a manufacturer, wholesaler, jobber, or by a retailer. Exemp tion: Making of garments or other goods for another by personal order, which will be received for wear or use direct from the maker’s hands. INDUSTRIAL HOME-WORK LAWS—Continued State Coverage Prohibited work Permits and cer tificates Persons who may be employed Working condi tions 00 Records Labels Miscellaneous OREGON: Ibid., No. 10-Nut processing and crack ing. (1942) The preparation, No employer manufacture, shall permit and production the manufac of commodities, ture of goods in including pho private homes, tography, in unsanitary basements and creamery, bakery, candy, buildings, or canning of places unsafe meat, poultry, on account of and fish, pre fire hazard. paring meat and poultry for market, prune drying and packing, weav ing and knit ting, and all other processes in the produc tion of com modities not covered by special order. Commercial Unless owner or cracking and occupant of shelling of nuts home shall first in a private home procure a sani or basement of tary permit a private home. from the State department of agriculture authorizing him to carry on such activity, the commercial cracking and shelling of nuts in a private home or in basement of a home is herebyprohibited. Applies to women and minors un der 18 years of age. See “Working Conditions" column. Rate paid piece workers must be such that at least one-half the total num ber employed on that basis earn not less than 40 cents an hour. The maximum working time shall be 8 hours a day and 44 hours a week. In emergency longer hours of employment may be re quired, but i > Employer must keep accurate record of daily and weekly hours and of wages paid to employees. Do. STA TE LABOR LA W S FO R W O M E N Wage and hour com mission order No. 7—Manu facturing. (1941) V V V F PENNSYLVA NIA: Industrial home work must be conducted in such manner as to insure the safety and health of all persons so em ployed. Department Manufacture in a Home work on ar ticles of food or home of articles of labor and drink; articles or materials for industry— for use in serv Regulations an employer, a ing food or representative for indus drink; toys and contractor (act trial home dolls; tobacco; ing for an out-of work (1938); drugs and poi State employer), session laws sons; bandages 1937, Act or a contractor, and other sani afterward to be 176. tary goods; ex returned to him, plosives, fire not for the per works, and sim sonal use of him ilar articles; self or a member tearing or sew of his family. ing of rags; arti cles which in processing re quire exposure to harmful sub stances. Session laws 1937, Act 174, sec. 11, p. 654. Persons over the Employer not to furnish materi age of 16 years, holding home als to contractor worker’s certifi or home worker cate, and resiuntil he obtains . dent in the a permit. home where the Contractor not to work is done. furnish materi als to home workers until he obtains a per mit. He can ac cept materials for distribution only from li censed employ ers or represen tative contrac tors. Employer, repre sentative con tractor, or con tractor not to distribute mate rials to home workers until he determines that the home where work is to be done meets the sanitary hous ing standards of the State health department, and is free from communicable disease. Work to be done only during hours of labor legalized for fac tory workers of the same age and sex as the home workers. An employer, rep resentative con tractor, or con tractor distrib uting materials direct to home workers must furnish to the department of labor and indus try, at stated times, a com plete list of home workers employed by him. List must show worker’s name, address, and age (if under 21), also wages re ceived, list of ma terials furnished, and articles manufactured by each home worker. Employer must supply a list of his contractors. Contractors must supply a list of employers or representa tive contractors from whom he received mate rials. Employer or rep Employer, repre sentative con resentative con tractor must tractor, or con tractor distrib place upon uting materials each unit of de direct to home livery or ship workers, must ment to a home worker a label, designate some design of which person over 21 years of age is registered (parent, guard with the de ian, or home partment of worker), in labor and in dustry at the each home where work is time license is done, to be his procured. representative If materials dis in that home. tributed The person ap through a con pointed is held tractor, the la bel must bear jointly respon sible with the name of the • contractor in employer for carrying out addition to the provisions that of the em of the Indus ployer or repre trial Home sentative con Work Law, tractor. La and the Wom bels not to be an’s Labor removed until Law, also the the completed rules and regu work is re lations of the turned to em department of ployer. labor and in dustry, regulat ing industrial home work. IN D U S T R IA L H O M E - W O R K L A W S overtime must be paid at the rate of Wz times the regu lar rate. Department of labor and indus try may prohibit home work in any industry if bad for workers or dangerous to factory labor standards set by law. CO INDUSTRIAL HOME-WORK LAWS—Continued State Coverage Prohibited work Permits and cer tificates Persons who may be employed Working condi tions Records Labels Miscellaneous PENNSYLVA NIA-Con. Processing and sorting of ani mal hair or bristles. PHILIPPINE ISLANDS. No law. PUERTO RICO: Session laws: 1939, Act 163; 1943, Act 130. Manufacture in a Articles of food or home of articles drink; articles or materials sup intended for use plied by an em in connection ployer or his with the serv subcontractor, ing of food or to be returned drink; sanitary http://fraser.stlouisfed.org/ Federal Reserve Bank of St. ________ Louis > * Every employer and every rep resentative con tractor must procure an em ployer’s permit which shall des- _______ i____ :_____________ Home workers must be over 16 years of age and residents in the home in which the work is done. Industrial home work may be performed only during hours fixed by law or regulation for factory workers Employer must keep complete and accurate record of per sons employed by him in in dustrial home Employer must conspicuously label each ar ticle or ma terial supplied for home work. Label must Department of labor is em powered on its own initiative to investigate any phase of industry which STA TE LABOR LA W S FO R W O M E N Department of labor and industry— Regulations affecting employment of women, Rule W-12. (1943) All other regula tions of the de partment of labor and in dustry apply in all matters not specifically covered by these regula tions which in volve the life, limb, and health of workers. to him not for his personal use or a member of his family. goods; cigar holders; cigar ette cases; pipes for smoking or other articles for the use of smokers; tobac co handling or stripping; pow der puffs or cos metics; explos ives, fireworks, or articles of like character, drugs and poisons, to bacco, cigars and cigarettes; the tearing or sewing of used rags; articles which in proc essing require exposure to harmful sub stances. ignate the acts permitted. Val id for 1 year. Graduated fees of $10 to $25, based on num ber of home workers em ployed. Annual renewal, $5 ta $10. Person perform ing industrial home work must possess a valid home worker's certificate. of the same age and sex as the home workers. Home must be clean, sanitary, free from com municable dis ease. Power machines per mitted by law to be used in industrial home work must have proper guards. work, places where work is done, articles or materials dis tributed, and any required description of manufactured articles or goods, also the net cash wages re ceived by each home worker, and a list of subcontractors through whom employer dis tributes ma terials. bear the em ployer's name and address in legible Span ish. If articles or materials cannot be la beled, identifi cation must be placed on the package or other container. employs home workers to de termine wheth er conditions of employment are injurious to the health and welfare of home workers and whether prevailing wages and con ditions of em ployment hinder unduly the mainte nance and en forcement of existing labor standards for the industry resulting in jeopardy to wages or work ing conditions of factory em ployees in the same industry. Following such investigation department may require correction of deficiencies within a rea sonable period or the discon tinuance of specified in dustrial home work. M a 0 CO S3 f—t i> t- M o Ed I 3 o w M > * 00 to INDUSTRIAL HOME-WORK LAWS—Continued State Coverage Prohibited work Permits and cer tificates Persons who may be employed Working condi tions to to Records Labels Miscellaneous RHODE IS LAND: Minimum wage man datory order No. 1, Employer must obtain an an nual license. Graduated fees according to number of workers: $5 to $50. Home workers must obtain a certificate from director of labor. Home work proprohibited ex cept by handi capped persons. Certificate may be issued to physically handicapped Persons at least 50 Women or minors Employer must years of age, or doing industrial keep a complete persons physi home work may and accurate list cally handi not work more of all persons capped for out than the numengaged in in side work. ' ber of hours per dustrial home Regardless of day or per week work on mate age or physical permitted rials furnished handicap women and mi and distributed restrictions per nors in fac by him, of all sons 16 years of tories, manu places where facturing, me the work is age or over may be issued cer chanical, busi done, of all tificates in any materials fur ness, or mercan industry in tile establish nished, of all which home ments within goods processed, work is cus the State. and rate of tomary in the Rates of pay may wages paid to State if home not be less than each home work in that those paid for worker. industry and similar or com its continuance parable work in will not en the factory. danger welfare If a home in which of the indus industrial home try, the home work is per worker, or the formed is in public. unsanitary con dition or if a communicable disease exists in such home, the director of labor must order employers to suspend dis tribution of home work to that home until further notice. Persons physically handicapped by age or disa bility. Cost of obtaining or returning material or the completed product must be borne by the employer. Employer must allow the worker suffi cient time to process the entire amount of home work allotted in order that it may be com pleted without assistance from other persons. STA TE LABOR L A W S FO R W O M E N General laws Processing in a 1938, ch. 293. home out of ma terial furnished by an employer for industrial home work any article or articles to be returned to such em ployer, not for the personal use of himself or a member of his family. Jewelry manufac turing oc cupations. (1937) Minimum wage man datory order No. 2, Wearing apparel and allied occu pations. (1938) persons accord ing to provi sions of law. Home work in the designated occupations prohibited ex cept for handi capped persons. do___ Do. SOUTH DAKOTA. No law. TENNESSEE: Codes 1932, secs. 6633 6639, 5343. Manufacture for __ sale, in whole or in part, of coats, vests, trousers, knee pants, overalls, cloaks, shirts, ladies’ waists, purses, feathers, arti ficial flowers, or any other wearing ap parel, or cigars, in any room or apartment in any tenement or dwelling house, used for eating or sleep ing purposes. "Manufacture” includes any process of mak ing, altering, re pairing, or finishing for sale or for wages. Children under 16 who live in a place where home work is done may en gage in home work only if they have ob tained a permit from the bureau of workshop and factory in spection. Only immediate members of the family living in the place where home work is done. Workshop must be kept clean; is subject to the supervision of the bureau of workshop and factory inspec tion. Board of health must be noti fied within 14 days of the opening of a workshop, by the person oc cupying it or having control of it. Location, nature of work done, and num ber of persons employed there must be given. Workshop must be well lighted and ventilated, and contain at least 500 cubic feet of air space foreachemployee. Every employer must keep a complete list of industrial home-work shops where he has work done, readily avail able to the board of health or the bureau of factory in spection. IN D U S T R IA L H O M E -W O R K L A W S SOUTH CARO LINA. No law. to CO INDUSTRIAL HOME-WORK LAWS—Continued State Coverage Prohibited work Permits and cer tificates Persons who may be employed Working condi tions Employer may not deliver ma terials for in dustrial home work unless he has obtained a valid annual permit. Fee: $50. Materials or articles for manufacture by home work may be delivered only to persons having a valid home worker’s certificate. No person shall engage in in dustrial home work unless he obtains a valid home-worker’s certificate, is sued annually on payment of a fee, not to ex ceed 50 cents. Certificate cov ers only work performed by the applicant in his own home. Any person free from communi cable disease, and living in a home that is clean, sanitary, and free from communicable disease. Must be 15 years of age or over. Issue of permits to employers and home workers forbid den if the home work involves the processing of articles found to be harmful to the workers or to the gen eral public, or if authorization of home work in the industry jeopardizes existing health standards legally established for factory workers in that industry. Records Labels Miscellaneous TEXAS: Statutes, 1939 Cum.Supp. (Vernon’s), Penal Code, art. 782A. Manufacture in a home of ma terials or articles delivered to another person by an employer and thereafter to be returned to him, not for his personal use or a member of his family. UTAH: Industrial commission minimum wage man datory or der No. 2— Retail trade occupa tions. (1940) No employer shall give work that can be finished on the premises to women or minors to be performed out side of the place I of business. Employer must Employer must furnish a record affix to each of persons em article, pack ployed by him age, or con on industrial tainer of home home work, work goods, a places where conspicuous the work is label or trade done, articles mark of iden manufactured, tification show agents or con ing his name tractors through and address in whom he dis legible English. tributes ma terials or per sons from whom he has received ma terials for home' work manufac ture. State board of health may seize articles manufactured in violation of any provi sions of this Act. Notice to be given to employer who may claim goods if de sired. VERMONT. No law. VIRGINIA. No law. WASHING TON. No law. W. VIRGINIA: Session laws 1939, ch. 76. Tobacco; drugs and poisons; bandages and other sanitary goods; explo sives, fireworks, and goods of like character; any other articles the manufacture of which, by in dustrial home work, is viola tive of State law. Employer must obtain annual permit from the commissioner of labor. Fee: $50. Employer may not deliver any materials for manufacture by industrial home work to person not in posses sion of valid home worker's certificate. Each home worker must obtain an annual certifi cate from the commissioner of labor. Issued free. No restrictions- Employer of home workers must obtain valid permit from the industrial com mission author izing him to en gage in home work manufac ture. Employer must obtain license from the local Persons who live in the premises where the home work is per formed. Workers must be at least 18 years of age. Employer must affix to each article or to the package or container in which mate rials are de livered a conspicuous label or other mark of identi fication show ing his name and address in legible English. WISCONSIN: Statutes 1943, secs. 103.44, 103.69, and 146.03. Manufacture, al teration, repair, or finishing of articles in any tenement or dwelling, shed or other build ing in the rear thereof, for the owner or lessee of any factory, or contractor of such person. Employer must Employer must Employer's per issue, with ar mit to engage in keep register of home work is is names and ad ticles or ma terials for home sued on condi dresses of per work, labels sons to whom tion that he will showing the comply with State work is given, name or loca of those with laws regulating tion of factory wages and hours whom contracts were made, quan in legible Eng of employment lish. tities of work for women and given out and minors in regu completed, and larly established wages paid. factories and Commissioner of labor is authorized to investigate all phases of in dustrial home work including any industry which employs industrial home workers. Commissioner of labor may remove any article manu factured in a home in viola tion of this law. Em ployer to be notified of the removal and may reclaim the article within 30 days after notice. IN D U S T R IA L H O M E - W O R K L A W S Manufacture in a home of articles or materials for an employer not for his per sonal use or a member of his family (does not include the several depart ments, agencies, and institutions of the State, nor any of its political sub divisions) . to INDUSTRIAL HOME-WORK LAWS—Continued State Coverage Prohibited work Permits and cer tificates Persons who may be employed Working condi tions to C5 Records Labels Miscellaneous WISCONSIN— Continued. places of em ployment. Place of employ ment must be clean, satisfac tory for indus trial home work, and free from communicable disease. State board of health and in dustrial com mission have joint powers to regulate and control indus trial home work, and may pro hibit work on specified articles if necessary to protect the health of work ers or consum ers. Minimum piece rates paid home workers may not be less than the regular mini mum-wage rates paid women and minor employ ees of average ability in the employer’s fac tory. Industrial commission minimum wage regu lations, or der No. 4. (1932) WYOMING. No law o STA TE LABOR LA W S FO R W O M E N health officer for the home in which articles are to be manu factured. Li cense granted only after thor ough inspection and approval by the health officer. Issued for one year. Fee: $1. At least 1 rein spection re quired annually. No provision for home worker’s certificate.
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