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xAttention Unemployment Insurance (UI) claimants: New York Business Express and the NYS100 registration application is only for New York State employers to use to register for UI coverage for their employees. To file a personal claim for UI, you must go online to www.labor.ny.gov/signin . Read more about how to file a claim and see a step-by-step guide to online filing.

Industrial Homework Work-at-Home

This document provides useful information on industrial homework.

	
		

Overview

Industrial Homework, or wage labor performed in the home, is any work done in your home on an article which belongs to an employer or with materials supplied by the employer, and which you return to him or deliver, mail, or ship to others. This includes articles that you prepare, alter, repair, finish, assemble, handle and insert, process, or collate. Most industrial homeworkers work for an employer who has a factory-type setting to manufacture its product. No articles of food, dolls or doll clothes, and stuffed animals or toys can be manufactured for a factory in a home. Industrial Homework is also known as Work-at-Home entities. An industrial homeworker is considered an employee and not an independent contractor.

There are many work-at-home schemes, that don't really offer work in the home, but sell ideas for setting up home businesses. Typical types of work-at-home schemes are home assembly of crafts or articles of clothing or fabrics, billing services including medical, and clerical services. Other schemes require you to raise animals. Many schemes require you to produce items, such as sewing baby booties or aprons, making Christmas wreaths or toys, or fabricating other specialty products. You are not told that you will have to sell these items yourself and that there is generally little or no market for them. The promoters of such schemes are only interested in selling you something, that is, the idea, animals, or materials you may need to start your business. To prevent falling victim to a work-at-home scheme make sure the business has a permit or has applied for a permit with the NYS Department of Labor to distribute homework. Ask for, in writing, from the homework company, the steps required to perform the job, how you will get paid either by salary or by commission, who pays this salary, and what is your total cost. The Federal Trade Commission has published a brochure called Facts for Consumers: Work At Home Schemes. To receive a free copy, visit the link below. This brochure suggests some precautions for potential investors and some steps investors can take if they believe they are involved with a work-at-home scheme that is not legitimate.

Only employers who hold a valid permit issued through the NYS Department of Labor can distribute homework and employ industrial homeworkers. The industrial homeworker must also obtain, through the employer, a homeworker certificate, to perform homework services. A person at least 16 years of age can work as a homeworker. If the person is between the ages of 16 and 18 years, an Employment Certificate is also required. In some industries, such as the glove and artificial flower industries, there are additional restrictions. Homes in which industrial homework is done may be inspected by representatives of the NYS Department of Labor. The NYS Department of Labor does not allow industrial homework done in any home found unsanitary or with an infectious or communicable disease. Employers who violate the Industrial Homework Law may be assessed a civil penalty of up to $2,500 for each violation. A firm that holds a current Industrial Homework Permit to Distribute issued by the NYS Department of Labor can issue Homeworker Certificates to their workers for a fee of $25.00 per employee working at home.

To receive an application or for detailed information about industrial homework regulations contact the NYS Department of Labor, Division of Labor Standards, Apparel Industry Task Force or visit their website.

The NYS General Business Law is available on the NYS Legislature's website through the link below.

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