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This entry was published on 2014-09-22
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SECTION 350
Legislative purpose and definitions
Labor (LAB) CHAPTER 31, ARTICLE 13
§ 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.