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This entry was published on 2014-09-22
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SECTION 340
Special task force for the apparel industry
Labor (LAB) CHAPTER 31, ARTICLE 12-A
§ 340. Special task force for the apparel industry. Definitions. As
used in this article, the following terms shall have the following
meanings:

(a) "Commissioner" shall mean the commissioner of labor;

(b) "Department" shall mean the department of labor;

(c) "Apparel industry" shall mean the making, cutting, sewing,
finishing, assembling, pressing or otherwise producing, by any of the
foregoing apparel industry services, any men's, women's, children's or
infants' apparel, or a section or component of apparel, designed or
intended to be worn by any individual which is to be sold or offered for
sale, provided, however, that the apparel industry shall not include
cleaning or tailoring after the apparel has been sold at retail;

(d) "Manufacturer" shall mean any person who (i) in fulfillment or
anticipation of a wholesale purchase contract, contracts with a
contractor to perform in New York state the cutting, sewing, finishing,
assembling, pressing or otherwise producing any men's, women's,
children's or infants' apparel, or a section or component of apparel,
designed or intended to be worn by any individual which, pursuant to
such contract, is to be sold or offered for sale to a retailer or other
entity, or (ii) cuts, sews, finishes, assembles, presses or otherwise
produces in New York state any men's, women's, children's or infants'
apparel, or a section or component, designed or intended to be worn by
any individual which is to be sold or offered for sale; provided,
however, that "manufacturer" shall not mean a production employee
employed for wages who does not employ others;

(e) "Contractor" shall mean any person who, in fulfillment of a
contract with a manufacturer, performs in New York state the cutting,
sewing, finishing, assembling, pressing or otherwise producing any
men's, women's, children's or infants' apparel, or a section or
component of apparel, designed or intended to be worn by any individual
which is to be sold or offered for sale. "Contractor" shall include, but
not be limited to, a subcontractor, jobber, or wholesaler, but shall not
include a production employee who is employed for wages but does not
employ others;

(f) "Production employees" shall mean persons who are employed by a
contractor or a manufacturer directly to perform the cutting, sewing,
finishing, assembling, pressing or otherwise producing of any men's,
women's, children's or infants' apparel, or a section or component of
apparel, designed or intended to be worn by any individual which is to
be sold or offered for sale;

(g) "Special task force" shall mean the special task force on the
apparel industry within the department; and

(h) "Labor law" shall mean the labor law of New York state.

(i) "Retailer" shall mean any mercantile enterprise which sells to
consumers or offers to sell to consumers any men's, women's, children's
or infants' apparel, or a section or component of apparel, designed or
intended to be worn by any individual consumer.