2650. As used in this part:
(a) "To manufacture" means to make, process, prepare, alter,
repair, or finish in whole or in part, or to assemble, inspect, wrap,
or package any articles or materials.
(b) "Employer" means any person who, directly or indirectly or
through an employee, agent, independent contractor, or any other
person, employs an industrial homeworker.
(c) "Home" means any room, house, apartment, or other premises,
whichever is most extensive, used in whole or in part as a place of
dwelling; and includes outbuildings upon premises that are primarily
used as a place of dwelling, where such outbuildings are under the
control of the person dwelling on such premises.
(d) "Industrial homework" means any manufacture in a home of
materials or articles for an employer when such articles or materials
are not for the personal use of the employer or a member of his or
her family.
(e) "Division" means the Division of Labor Standards Enforcement.
(f) "Industrial homeworker" means any person who does industrial
homework.
(g) "To employ" means to engage, suffer or permit any person to do
industrial homework, or to tolerate, suffer, or permit articles or
materials under one's custody or control to be manufactured in a home
by industrial homework.
(h) "Person" means any individual, partnership and each partner
thereof, corporation, limited liability company, or association.
2651. The manufacture by industrial homework of any of the
following materials or articles shall be unlawful, and no license or
permit issued under this part shall be deemed to authorize such
manufacture: articles of food or drink; articles for use in
connection with the serving of food or drink; articles of wearing
apparel; toys and dolls; tobacco; drugs and poisons; bandages and
other sanitary goods; explosives, fireworks, and articles of like
character; articles, the manufacture of which by industrial homework
is determined by the division to be injurious to the health or
welfare of the industrial homeworkers within the industry or to
render unduly difficult the maintenance of existing labor standards
or the enforcement of labor standards established by law or
regulation for factory workers in the industry.
2652. The division shall have the power to make an investigation of
any industry not specifically exempted and made unlawful by Section
2651 which employs industrial homeworkers, in order to determine
whether the wages and conditions of employment of industrial
homeworkers in the industry are injurious to their health and welfare
or whether the wages and conditions of employment of the industrial
homeworkers have the effect of rendering unduly difficult the
maintenance of existing labor standards or the enforcement of labor
standards established by law or regulation for factory workers in the
industry.
2653. To effectuate the provisions of this part, the division shall
have the powers given by Article 2 (commencing with Section 11180)
of Chapter 2, Part 1, Division 3, Title 2 of the Government Code to a
head of a department.
2654. If, on the basis of information in its possession, with or
without an investigation, the division shall find that industrial
homework cannot be continued within an industry without injuring the
health and welfare of the industrial homeworkers within that
industry, or without rendering unduly difficult the maintenance of
existing labor standards or the enforcement of labor standards
established by law or regulation for factory workers in that
industry, the division shall by order declare such industrial
homework to be unlawful and require all employers in the industry to
discontinue manufacture by industrial homework. The order shall set
forth the type or types of manufacturing which are prohibited after
its effective date, and shall contain such terms and conditions as
the division may deem necessary to carry out the purpose and intent
of this part.
2655. After making such order the division shall hold a public
hearing or hearings at which an opportunity to be heard shall be
afforded to any employer, or representative of employers, and any
industrial homeworker, or representative of industrial homeworkers,
and any other person having an interest in the subject matter of the
hearing. A public notice of each hearing shall be given at least 30
days before the hearing is held and in such manner as may be
determined by the division. The division shall send written notice of
the hearing to every business and employer which the division
believes may be adversely affected by the order. The hearing or
hearings shall be in such place or places as the division deems most
convenient to the employers and industrial homeworkers to be affected
by the order.
2656. The division may seek a search warrant pursuant to the
procedures set forth in Chapter 3 (commencing with Section 1523) of
Title 12 of Part 2 of the Penal Code to enable it to have access to,
and to inspect, the premises of any industrial homeworker or
distributor in this state.
2658. No person shall employ an industrial homeworker in any
industry not prohibited by Section 2651 unless the person employing
an industrial homeworker has obtained a valid industrial homework
license from the division.
Application for a license to employ industrial homeworkers shall
be made to the division in such form as the division may by
regulation prescribe. A license fee of one hundred dollars ($100) for
each industrial homeworker employed shall be paid to the division
and such license shall be valid for a period of one year from the
date of issuance unless sooner revoked or suspended.
Renewal fees shall be at the same rate and conditions as the
original license.
The division may revoke or suspend the license upon a finding that
the person has violated this part or has failed to comply with the
regulations of the division or with any provision of the license. The
industrial homework license shall not be transferable.
All license fees received under this part shall be paid into the
State Treasury.
2658.1. Every person who, without having in his possession a then
valid industrial homework license issued to him by the Division of
Labor Standards Enforcement, negligently fails to prevent articles or
materials under his custody or control from being taken to a home
for manufacture by industrial homework is guilty of a misdemeanor.
Possession, control or custody of articles or materials for the
purpose of manufacture by industrial homework by a person other than
the owner or operator of a factory shall be presumptive evidence that
said owner or operator has negligently failed to prevent articles or
materials under his custody or control from being taken to a home
for manufacture by industrial homework, where it is established that
such owner or operator is entitled to possession, control or custody
of such articles.
2658.5. Every person, which term shall be deemed to include
manufacturers, contractors, jobbers and wholesalers, who, without
having in his possession a then-valid industrial homework license
issued to him by the Division of Labor Standards Enforcement, employs
an industrial homeworker, or who tolerates, suffers, or permits
articles or materials owned by him, or under his custody or control
to be taken to a home for manufacture by industrial homework or who
accepts and pays a person for the manufacture in a home of articles
and materials by industrial homework, or who places an advertisement
for industrial homework the performance of which is not permitted
under this part is guilty of a misdemeanor which misdemeanor shall be
punished for the first offense by a fine of not more than one
thousand dollars ($1,000) or by imprisonment in the county jail for
not more than 30 days, or by both such fine and imprisonment, and for
a second conviction by a fine of not more than five thousand dollars
($5,000) or imprisonment in the county jail for not more than six
months, or by both such fine and imprisonment. A person, which term
shall be deemed to include manufacturers, contractors, jobbers and
wholesalers, convicted for a third time, and any subsequent times,
shall be guilty of a misdemeanor, and shall be punished by a fine of
not more than thirty thousand dollars ($30,000) or by imprisonment in
the county jail for not more than one year, or by both such fine and
imprisonment. Upon a third conviction, in addition to any penalties
or fines imposed, the business license of the manufacturer or owner
of the goods, garments or products produced by industrial homework
which is not permitted by this part shall be suspended for a period
not to exceed three years. The court may suspend all or a part of any
penalty imposed by this section on condition that the defendant
refrains from any future or other violation of this part.
2658.7. Any goods, assembled or partially assembled, whether found
in the homeworker's home, in transit to or from the home, or in the
manufacturer's or his contractor's possession, pursuant to an order
obtained under Section 2656, which constitute evidence of a violation
of industrial homework laws, shall be confiscated by the division
and properly marked and identified.
A determination or decision that a violation of Section 2651 has
been committed shall carry with it, in addition to whatever other
penalties are imposed as prescribed in this act, forfeiture of the
aforementioned confiscated goods, garments or products identified as
goods, garments or products produced by illegal industrial homework,
and placed in the custody of the division, which shall be charged
with the responsibility of disposing of them.
The division shall have the power to make an investigation of any
industry in which the utilization of industrial homework has been
made unlawful by Section 2651, in order to determine compliance with
Section 2651.
2659. No person shall engage, suffer or permit any person to do
industrial homework, or tolerate, suffer or permit articles or
materials under his custody or control to be manufactured by
industrial homework by a person who is not in possession of either a
valid employer's license or homeworker's permit issued in accordance
with this part.
2660. No person shall do industrial homework within this state
unless he has in his possession a valid homeworker's permit issued to
him by the division. The permit shall be issued for a fee of
twenty-five dollars ($25), and shall be valid for industrial homework
performed for the licensed employer of industrial homeworkers, named
therein, for a period of one year from the date of its issuance
unless sooner revoked or suspended. Application for a permit shall be
made in such form as the division may by regulation prescribe. The
permit shall be valid only for work performed by the applicant
himself in his own home. The division may waive the fee for a
homeworker's permit in cases where the applicant requests such
waiver, and can establish that payments of the fee would result in
financial hardship.
2660.1. Every person doing industrial homework, with or without a
valid homeworker's permit issued by the division, shall reveal to the
division, on demand, the name and address of the employer, the name
and address of the owner or source of the articles or materials for
industrial homework, the rate of compensation and any other
information known to the homeworker and pertinent to the enforcement
of this section. This information so revealed by the homeworker to
the division shall not be used by the division in any action against
or prosecution of the homeworker.
2660.5. Every person who does industrial homework without having in
his possession a valid homeworker's permit issued to him by the
division is guilty of a misdemeanor which misdemeanor shall be
punishable for the first offense by a fine of not more than fifty
dollars ($50) and for the second offense by a fine of not more than
one hundred dollars ($100). The court may suspend such fine on
condition the industrial homeworker cooperates with the division in
the lawful prosecutions of persons violating this part and to secure
compliance with this part, or on condition the defendant refrains
from any future violation of this part.
2661. No homeworker's permit shall be issued to any person under
the age of 16 years; or to any person suffering from an infectious,
contagious, or communicable disease, or to any person living in a
home that is not clean, sanitary, and free from infectious,
contagious, or communicable disease.
2662. The division may revoke or suspend any homeworker's permit
upon a finding that the industrial homeworker is performing
industrial homework contrary to the conditions under which the permit
was issued or in violation of this part or has permitted any person
not holding a valid homeworker's permit to assist him in performing
industrial homework or on expiration or revocation of the industrial
homework license of the employer.
2663. No person shall tolerate, suffer or permit any materials or
articles to be manufactured by industrial homework unless there has
been conspicuously affixed to each article or material or, if this is
impossible, to the package or other container in which such goods
are kept, a label or other mark of identification bearing the
employer's name and address, printed or written legibly in English.
2664. (a) Any article or material which is being manufactured in a
home in violation of any provision of this part may be confiscated by
the division. Articles or material confiscated pursuant to this
section shall be placed in the custody of the division, which shall
be responsible for destroying or disposing of them pursuant to
regulations adopted under Section 2666, provided that the articles or
material shall not enter the mainstream of commerce and shall not be
offered for sale. The division shall, by certified mail, give notice
of the confiscation and the procedure for appealing the confiscation
to the person whose name and address are affixed to the article or
material as provided in this part. The notice shall state that
failure to file a written notice of appeal with the Labor
Commissioner within 15 days after service of the notice of
confiscation shall result in the destruction or disposition of the
confiscated article or material.
(b) To contest the confiscation of articles or material, a person
shall, within 15 days after service of the notice of confiscation,
file a written notice of appeal with the Office of the Labor
Commissioner at the address that appears on the notice of
confiscation. Within 30 days after the timely filing of a notice of
appeal, the Labor Commissioner shall hold a hearing on the appeal.
The hearing shall be recorded. Based on the evidence presented at the
hearing, the Labor Commissioner may affirm, modify, or dismiss the
confiscation, and may order the return of none, some, or all of the
confiscated articles or material, under terms that the Labor
Commissioner may specify. The decision of the Labor Commissioner
shall consist of findings of fact, legal analysis, and an order. The
decision shall be served by first-class mail on all parties to the
hearing, to the last known address of the parties on file with the
Labor Commissioner, within 15 days of the conclusion of the hearing.
Service shall be complete pursuant to Section 1013 of the Code of
Civil Procedure. Judicial review shall be by petition for writ of
mandate, filed with the appropriate court, within 45 days of service
of the decision.
2665. Every person who employs or otherwise avails himself of the
services of industrial homeworkers in this State shall:
(a) Comply with the labor standards as provided in Chapter 1
(commencing with Section 1171) of Part 4 of Division 2 of the Labor
Code.
(b) Keep in a manner approved by the division, accurate
information as follows:
1. Full name and home address of each industrial homeworker
employed by him;
2. Amount and description of materials delivered to each
industrial homeworker employed by him with date of delivery, and rate
of compensation;
3. Gross amount of compensation paid to each industrial homeworker
employed by him and date of payment;
4. Names and addresses of all agents or independent contractors to
whom he has delivered materials or articles for manufacture by
industrial homework together with quantity, description of materials
and date of delivery;
5. Names and addresses of all manufacturers or independent
contractors from whom he has received articles or materials for
industrial homework together with quantity, description of materials
and date of receipt.
(c) Furnish to the division at its request reports or information
which the division requires to carry out the provisions of this part.
Such reports and information shall be verified as requested by the
division.
2666. The Division of Labor Standards Enforcement shall enforce the
provisions of this part. The division and the authorized
representatives of the Department of Industrial Relations are
authorized and directed to make all inspections and investigations
necessary for the enforcement of this part. Every employer shall
permit authorized employees of the division free access to his place
of business for the purpose of making investigations authorized by
this part or necessary to carry out its provisions and permit them to
inspect and copy his payroll or other records or documents relating
to the enforcement of this part, or interview his employees or
agents. The division may make, in accordance with the provisions of
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, such rules and regulations as are
reasonably necessary to carry out the provisions of this part. The
violation of any such rule or regulation shall be deemed a violation
of this part.
Every law enforcement officer of the state, any county,
municipality, or other government entity who has reason to suspect
any violation of this part shall have all the powers of an authorized
representative of the Department of Industrial Relations, in the
investigation of such suspected violation.
2667. Unless otherwise provided herein, every person acting either
individually or as an officer, agent, employee or independent
contractor for another person who violates or refuses or neglects to
comply with any provision of this part, or any regulation of the
division made in accordance with the provisions of this part is
guilty of a misdemeanor.
Whenever the provisions of this part prohibit the employment of a
person in certain work or under certain conditions, the employer
shall not knowingly permit such person to work with or without
compensation.
The Attorney General may seek appropriate injunctive relief
consistent with, and in furtherance of the purposes of, this part.
2650. As used in this part:
(a) "To manufacture" means to make, process, prepare, alter,
repair, or finish in whole or in part, or to assemble, inspect, wrap,
or package any articles or materials.
(b) "Employer" means any person who, directly or indirectly or
through an employee, agent, independent contractor, or any other
person, employs an industrial homeworker.
(c) "Home" means any room, house, apartment, or other premises,
whichever is most extensive, used in whole or in part as a place of
dwelling; and includes outbuildings upon premises that are primarily
used as a place of dwelling, where such outbuildings are under the
control of the person dwelling on such premises.
(d) "Industrial homework" means any manufacture in a home of
materials or articles for an employer when such articles or materials
are not for the personal use of the employer or a member of his or
her family.
(e) "Division" means the Division of Labor Standards Enforcement.
(f) "Industrial homeworker" means any person who does industrial
homework.
(g) "To employ" means to engage, suffer or permit any person to do
industrial homework, or to tolerate, suffer, or permit articles or
materials under one's custody or control to be manufactured in a home
by industrial homework.
(h) "Person" means any individual, partnership and each partner
thereof, corporation, limited liability company, or association.
2651. The manufacture by industrial homework of any of the
following materials or articles shall be unlawful, and no license or
permit issued under this part shall be deemed to authorize such
manufacture: articles of food or drink; articles for use in
connection with the serving of food or drink; articles of wearing
apparel; toys and dolls; tobacco; drugs and poisons; bandages and
other sanitary goods; explosives, fireworks, and articles of like
character; articles, the manufacture of which by industrial homework
is determined by the division to be injurious to the health or
welfare of the industrial homeworkers within the industry or to
render unduly difficult the maintenance of existing labor standards
or the enforcement of labor standards established by law or
regulation for factory workers in the industry.
2652. The division shall have the power to make an investigation of
any industry not specifically exempted and made unlawful by Section
2651 which employs industrial homeworkers, in order to determine
whether the wages and conditions of employment of industrial
homeworkers in the industry are injurious to their health and welfare
or whether the wages and conditions of employment of the industrial
homeworkers have the effect of rendering unduly difficult the
maintenance of existing labor standards or the enforcement of labor
standards established by law or regulation for factory workers in the
industry.
2653. To effectuate the provisions of this part, the division shall
have the powers given by Article 2 (commencing with Section 11180)
of Chapter 2, Part 1, Division 3, Title 2 of the Government Code to a
head of a department.
2654. If, on the basis of information in its possession, with or
without an investigation, the division shall find that industrial
homework cannot be continued within an industry without injuring the
health and welfare of the industrial homeworkers within that
industry, or without rendering unduly difficult the maintenance of
existing labor standards or the enforcement of labor standards
established by law or regulation for factory workers in that
industry, the division shall by order declare such industrial
homework to be unlawful and require all employers in the industry to
discontinue manufacture by industrial homework. The order shall set
forth the type or types of manufacturing which are prohibited after
its effective date, and shall contain such terms and conditions as
the division may deem necessary to carry out the purpose and intent
of this part.
2655. After making such order the division shall hold a public
hearing or hearings at which an opportunity to be heard shall be
afforded to any employer, or representative of employers, and any
industrial homeworker, or representative of industrial homeworkers,
and any other person having an interest in the subject matter of the
hearing. A public notice of each hearing shall be given at least 30
days before the hearing is held and in such manner as may be
determined by the division. The division shall send written notice of
the hearing to every business and employer which the division
believes may be adversely affected by the order. The hearing or
hearings shall be in such place or places as the division deems most
convenient to the employers and industrial homeworkers to be affected
by the order.
2656. The division may seek a search warrant pursuant to the
procedures set forth in Chapter 3 (commencing with Section 1523) of
Title 12 of Part 2 of the Penal Code to enable it to have access to,
and to inspect, the premises of any industrial homeworker or
distributor in this state.
2658. No person shall employ an industrial homeworker in any
industry not prohibited by Section 2651 unless the person employing
an industrial homeworker has obtained a valid industrial homework
license from the division.
Application for a license to employ industrial homeworkers shall
be made to the division in such form as the division may by
regulation prescribe. A license fee of one hundred dollars ($100) for
each industrial homeworker employed shall be paid to the division
and such license shall be valid for a period of one year from the
date of issuance unless sooner revoked or suspended.
Renewal fees shall be at the same rate and conditions as the
original license.
The division may revoke or suspend the license upon a finding that
the person has violated this part or has failed to comply with the
regulations of the division or with any provision of the license. The
industrial homework license shall not be transferable.
All license fees received under this part shall be paid into the
State Treasury.
2658.1. Every person who, without having in his possession a then
valid industrial homework license issued to him by the Division of
Labor Standards Enforcement, negligently fails to prevent articles or
materials under his custody or control from being taken to a home
for manufacture by industrial homework is guilty of a misdemeanor.
Possession, control or custody of articles or materials for the
purpose of manufacture by industrial homework by a person other than
the owner or operator of a factory shall be presumptive evidence that
said owner or operator has negligently failed to prevent articles or
materials under his custody or control from being taken to a home
for manufacture by industrial homework, where it is established that
such owner or operator is entitled to possession, control or custody
of such articles.
2658.5. Every person, which term shall be deemed to include
manufacturers, contractors, jobbers and wholesalers, who, without
having in his possession a then-valid industrial homework license
issued to him by the Division of Labor Standards Enforcement, employs
an industrial homeworker, or who tolerates, suffers, or permits
articles or materials owned by him, or under his custody or control
to be taken to a home for manufacture by industrial homework or who
accepts and pays a person for the manufacture in a home of articles
and materials by industrial homework, or who places an advertisement
for industrial homework the performance of which is not permitted
under this part is guilty of a misdemeanor which misdemeanor shall be
punished for the first offense by a fine of not more than one
thousand dollars ($1,000) or by imprisonment in the county jail for
not more than 30 days, or by both such fine and imprisonment, and for
a second conviction by a fine of not more than five thousand dollars
($5,000) or imprisonment in the county jail for not more than six
months, or by both such fine and imprisonment. A person, which term
shall be deemed to include manufacturers, contractors, jobbers and
wholesalers, convicted for a third time, and any subsequent times,
shall be guilty of a misdemeanor, and shall be punished by a fine of
not more than thirty thousand dollars ($30,000) or by imprisonment in
the county jail for not more than one year, or by both such fine and
imprisonment. Upon a third conviction, in addition to any penalties
or fines imposed, the business license of the manufacturer or owner
of the goods, garments or products produced by industrial homework
which is not permitted by this part shall be suspended for a period
not to exceed three years. The court may suspend all or a part of any
penalty imposed by this section on condition that the defendant
refrains from any future or other violation of this part.
2658.7. Any goods, assembled or partially assembled, whether found
in the homeworker's home, in transit to or from the home, or in the
manufacturer's or his contractor's possession, pursuant to an order
obtained under Section 2656, which constitute evidence of a violation
of industrial homework laws, shall be confiscated by the division
and properly marked and identified.
A determination or decision that a violation of Section 2651 has
been committed shall carry with it, in addition to whatever other
penalties are imposed as prescribed in this act, forfeiture of the
aforementioned confiscated goods, garments or products identified as
goods, garments or products produced by illegal industrial homework,
and placed in the custody of the division, which shall be charged
with the responsibility of disposing of them.
The division shall have the power to make an investigation of any
industry in which the utilization of industrial homework has been
made unlawful by Section 2651, in order to determine compliance with
Section 2651.
2659. No person shall engage, suffer or permit any person to do
industrial homework, or tolerate, suffer or permit articles or
materials under his custody or control to be manufactured by
industrial homework by a person who is not in possession of either a
valid employer's license or homeworker's permit issued in accordance
with this part.
2660. No person shall do industrial homework within this state
unless he has in his possession a valid homeworker's permit issued to
him by the division. The permit shall be issued for a fee of
twenty-five dollars ($25), and shall be valid for industrial homework
performed for the licensed employer of industrial homeworkers, named
therein, for a period of one year from the date of its issuance
unless sooner revoked or suspended. Application for a permit shall be
made in such form as the division may by regulation prescribe. The
permit shall be valid only for work performed by the applicant
himself in his own home. The division may waive the fee for a
homeworker's permit in cases where the applicant requests such
waiver, and can establish that payments of the fee would result in
financial hardship.
2660.1. Every person doing industrial homework, with or without a
valid homeworker's permit issued by the division, shall reveal to the
division, on demand, the name and address of the employer, the name
and address of the owner or source of the articles or materials for
industrial homework, the rate of compensation and any other
information known to the homeworker and pertinent to the enforcement
of this section. This information so revealed by the homeworker to
the division shall not be used by the division in any action against
or prosecution of the homeworker.
2660.5. Every person who does industrial homework without having in
his possession a valid homeworker's permit issued to him by the
division is guilty of a misdemeanor which misdemeanor shall be
punishable for the first offense by a fine of not more than fifty
dollars ($50) and for the second offense by a fine of not more than
one hundred dollars ($100). The court may suspend such fine on
condition the industrial homeworker cooperates with the division in
the lawful prosecutions of persons violating this part and to secure
compliance with this part, or on condition the defendant refrains
from any future violation of this part.
2661. No homeworker's permit shall be issued to any person under
the age of 16 years; or to any person suffering from an infectious,
contagious, or communicable disease, or to any person living in a
home that is not clean, sanitary, and free from infectious,
contagious, or communicable disease.
2662. The division may revoke or suspend any homeworker's permit
upon a finding that the industrial homeworker is performing
industrial homework contrary to the conditions under which the permit
was issued or in violation of this part or has permitted any person
not holding a valid homeworker's permit to assist him in performing
industrial homework or on expiration or revocation of the industrial
homework license of the employer.
2663. No person shall tolerate, suffer or permit any materials or
articles to be manufactured by industrial homework unless there has
been conspicuously affixed to each article or material or, if this is
impossible, to the package or other container in which such goods
are kept, a label or other mark of identification bearing the
employer's name and address, printed or written legibly in English.
2664. (a) Any article or material which is being manufactured in a
home in violation of any provision of this part may be confiscated by
the division. Articles or material confiscated pursuant to this
section shall be placed in the custody of the division, which shall
be responsible for destroying or disposing of them pursuant to
regulations adopted under Section 2666, provided that the articles or
material shall not enter the mainstream of commerce and shall not be
offered for sale. The division shall, by certified mail, give notice
of the confiscation and the procedure for appealing the confiscation
to the person whose name and address are affixed to the article or
material as provided in this part. The notice shall state that
failure to file a written notice of appeal with the Labor
Commissioner within 15 days after service of the notice of
confiscation shall result in the destruction or disposition of the
confiscated article or material.
(b) To contest the confiscation of articles or material, a person
shall, within 15 days after service of the notice of confiscation,
file a written notice of appeal with the Office of the Labor
Commissioner at the address that appears on the notice of
confiscation. Within 30 days after the timely filing of a notice of
appeal, the Labor Commissioner shall hold a hearing on the appeal.
The hearing shall be recorded. Based on the evidence presented at the
hearing, the Labor Commissioner may affirm, modify, or dismiss the
confiscation, and may order the return of none, some, or all of the
confiscated articles or material, under terms that the Labor
Commissioner may specify. The decision of the Labor Commissioner
shall consist of findings of fact, legal analysis, and an order. The
decision shall be served by first-class mail on all parties to the
hearing, to the last known address of the parties on file with the
Labor Commissioner, within 15 days of the conclusion of the hearing.
Service shall be complete pursuant to Section 1013 of the Code of
Civil Procedure. Judicial review shall be by petition for writ of
mandate, filed with the appropriate court, within 45 days of service
of the decision.
2665. Every person who employs or otherwise avails himself of the
services of industrial homeworkers in this State shall:
(a) Comply with the labor standards as provided in Chapter 1
(commencing with Section 1171) of Part 4 of Division 2 of the Labor
Code.
(b) Keep in a manner approved by the division, accurate
information as follows:
1. Full name and home address of each industrial homeworker
employed by him;
2. Amount and description of materials delivered to each
industrial homeworker employed by him with date of delivery, and rate
of compensation;
3. Gross amount of compensation paid to each industrial homeworker
employed by him and date of payment;
4. Names and addresses of all agents or independent contractors to
whom he has delivered materials or articles for manufacture by
industrial homework together with quantity, description of materials
and date of delivery;
5. Names and addresses of all manufacturers or independent
contractors from whom he has received articles or materials for
industrial homework together with quantity, description of materials
and date of receipt.
(c) Furnish to the division at its request reports or information
which the division requires to carry out the provisions of this part.
Such reports and information shall be verified as requested by the
division.
2666. The Division of Labor Standards Enforcement shall enforce the
provisions of this part. The division and the authorized
representatives of the Department of Industrial Relations are
authorized and directed to make all inspections and investigations
necessary for the enforcement of this part. Every employer shall
permit authorized employees of the division free access to his place
of business for the purpose of making investigations authorized by
this part or necessary to carry out its provisions and permit them to
inspect and copy his payroll or other records or documents relating
to the enforcement of this part, or interview his employees or
agents. The division may make, in accordance with the provisions of
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, such rules and regulations as are
reasonably necessary to carry out the provisions of this part. The
violation of any such rule or regulation shall be deemed a violation
of this part.
Every law enforcement officer of the state, any county,
municipality, or other government entity who has reason to suspect
any violation of this part shall have all the powers of an authorized
representative of the Department of Industrial Relations, in the
investigation of such suspected violation.
2667. Unless otherwise provided herein, every person acting either
individually or as an officer, agent, employee or independent
contractor for another person who violates or refuses or neglects to
comply with any provision of this part, or any regulation of the
division made in accordance with the provisions of this part is
guilty of a misdemeanor.
Whenever the provisions of this part prohibit the employment of a
person in certain work or under certain conditions, the employer
shall not knowingly permit such person to work with or without
compensation.
The Attorney General may seek appropriate injunctive relief
consistent with, and in furtherance of the purposes of, this part.
2650. As used in this part:
(a) "To manufacture" means to make, process, prepare, alter,
repair, or finish in whole or in part, or to assemble, inspect, wrap,
or package any articles or materials.
(b) "Employer" means any person who, directly or indirectly or
through an employee, agent, independent contractor, or any other
person, employs an industrial homeworker.
(c) "Home" means any room, house, apartment, or other premises,
whichever is most extensive, used in whole or in part as a place of
dwelling; and includes outbuildings upon premises that are primarily
used as a place of dwelling, where such outbuildings are under the
control of the person dwelling on such premises.
(d) "Industrial homework" means any manufacture in a home of
materials or articles for an employer when such articles or materials
are not for the personal use of the employer or a member of his or
her family.
(e) "Division" means the Division of Labor Standards Enforcement.
(f) "Industrial homeworker" means any person who does industrial
homework.
(g) "To employ" means to engage, suffer or permit any person to do
industrial homework, or to tolerate, suffer, or permit articles or
materials under one's custody or control to be manufactured in a home
by industrial homework.
(h) "Person" means any individual, partnership and each partner
thereof, corporation, limited liability company, or association.
2651. The manufacture by industrial homework of any of the
following materials or articles shall be unlawful, and no license or
permit issued under this part shall be deemed to authorize such
manufacture: articles of food or drink; articles for use in
connection with the serving of food or drink; articles of wearing
apparel; toys and dolls; tobacco; drugs and poisons; bandages and
other sanitary goods; explosives, fireworks, and articles of like
character; articles, the manufacture of which by industrial homework
is determined by the division to be injurious to the health or
welfare of the industrial homeworkers within the industry or to
render unduly difficult the maintenance of existing labor standards
or the enforcement of labor standards established by law or
regulation for factory workers in the industry.
2652. The division shall have the power to make an investigation of
any industry not specifically exempted and made unlawful by Section
2651 which employs industrial homeworkers, in order to determine
whether the wages and conditions of employment of industrial
homeworkers in the industry are injurious to their health and welfare
or whether the wages and conditions of employment of the industrial
homeworkers have the effect of rendering unduly difficult the
maintenance of existing labor standards or the enforcement of labor
standards established by law or regulation for factory workers in the
industry.
2653. To effectuate the provisions of this part, the division shall
have the powers given by Article 2 (commencing with Section 11180)
of Chapter 2, Part 1, Division 3, Title 2 of the Government Code to a
head of a department.
2654. If, on the basis of information in its possession, with or
without an investigation, the division shall find that industrial
homework cannot be continued within an industry without injuring the
health and welfare of the industrial homeworkers within that
industry, or without rendering unduly difficult the maintenance of
existing labor standards or the enforcement of labor standards
established by law or regulation for factory workers in that
industry, the division shall by order declare such industrial
homework to be unlawful and require all employers in the industry to
discontinue manufacture by industrial homework. The order shall set
forth the type or types of manufacturing which are prohibited after
its effective date, and shall contain such terms and conditions as
the division may deem necessary to carry out the purpose and intent
of this part.
2655. After making such order the division shall hold a public
hearing or hearings at which an opportunity to be heard shall be
afforded to any employer, or representative of employers, and any
industrial homeworker, or representative of industrial homeworkers,
and any other person having an interest in the subject matter of the
hearing. A public notice of each hearing shall be given at least 30
days before the hearing is held and in such manner as may be
determined by the division. The division shall send written notice of
the hearing to every business and employer which the division
believes may be adversely affected by the order. The hearing or
hearings shall be in such place or places as the division deems most
convenient to the employers and industrial homeworkers to be affected
by the order.
2656. The division may seek a search warrant pursuant to the
procedures set forth in Chapter 3 (commencing with Section 1523) of
Title 12 of Part 2 of the Penal Code to enable it to have access to,
and to inspect, the premises of any industrial homeworker or
distributor in this state.
2658. No person shall employ an industrial homeworker in any
industry not prohibited by Section 2651 unless the person employing
an industrial homeworker has obtained a valid industrial homework
license from the division.
Application for a license to employ industrial homeworkers shall
be made to the division in such form as the division may by
regulation prescribe. A license fee of one hundred dollars ($100) for
each industrial homeworker employed shall be paid to the division
and such license shall be valid for a period of one year from the
date of issuance unless sooner revoked or suspended.
Renewal fees shall be at the same rate and conditions as the
original license.
The division may revoke or suspend the license upon a finding that
the person has violated this part or has failed to comply with the
regulations of the division or with any provision of the license. The
industrial homework license shall not be transferable.
All license fees received under this part shall be paid into the
State Treasury.
2658.1. Every person who, without having in his possession a then
valid industrial homework license issued to him by the Division of
Labor Standards Enforcement, negligently fails to prevent articles or
materials under his custody or control from being taken to a home
for manufacture by industrial homework is guilty of a misdemeanor.
Possession, control or custody of articles or materials for the
purpose of manufacture by industrial homework by a person other than
the owner or operator of a factory shall be presumptive evidence that
said owner or operator has negligently failed to prevent articles or
materials under his custody or control from being taken to a home
for manufacture by industrial homework, where it is established that
such owner or operator is entitled to possession, control or custody
of such articles.
2658.5. Every person, which term shall be deemed to include
manufacturers, contractors, jobbers and wholesalers, who, without
having in his possession a then-valid industrial homework license
issued to him by the Division of Labor Standards Enforcement, employs
an industrial homeworker, or who tolerates, suffers, or permits
articles or materials owned by him, or under his custody or control
to be taken to a home for manufacture by industrial homework or who
accepts and pays a person for the manufacture in a home of articles
and materials by industrial homework, or who places an advertisement
for industrial homework the performance of which is not permitted
under this part is guilty of a misdemeanor which misdemeanor shall be
punished for the first offense by a fine of not more than one
thousand dollars ($1,000) or by imprisonment in the county jail for
not more than 30 days, or by both such fine and imprisonment, and for
a second conviction by a fine of not more than five thousand dollars
($5,000) or imprisonment in the county jail for not more than six
months, or by both such fine and imprisonment. A person, which term
shall be deemed to include manufacturers, contractors, jobbers and
wholesalers, convicted for a third time, and any subsequent times,
shall be guilty of a misdemeanor, and shall be punished by a fine of
not more than thirty thousand dollars ($30,000) or by imprisonment in
the county jail for not more than one year, or by both such fine and
imprisonment. Upon a third conviction, in addition to any penalties
or fines imposed, the business license of the manufacturer or owner
of the goods, garments or products produced by industrial homework
which is not permitted by this part shall be suspended for a period
not to exceed three years. The court may suspend all or a part of any
penalty imposed by this section on condition that the defendant
refrains from any future or other violation of this part.
2658.7. Any goods, assembled or partially assembled, whether found
in the homeworker's home, in transit to or from the home, or in the
manufacturer's or his contractor's possession, pursuant to an order
obtained under Section 2656, which constitute evidence of a violation
of industrial homework laws, shall be confiscated by the division
and properly marked and identified.
A determination or decision that a violation of Section 2651 has
been committed shall carry with it, in addition to whatever other
penalties are imposed as prescribed in this act, forfeiture of the
aforementioned confiscated goods, garments or products identified as
goods, garments or products produced by illegal industrial homework,
and placed in the custody of the division, which shall be charged
with the responsibility of disposing of them.
The division shall have the power to make an investigation of any
industry in which the utilization of industrial homework has been
made unlawful by Section 2651, in order to determine compliance with
Section 2651.
2659. No person shall engage, suffer or permit any person to do
industrial homework, or tolerate, suffer or permit articles or
materials under his custody or control to be manufactured by
industrial homework by a person who is not in possession of either a
valid employer's license or homeworker's permit issued in accordance
with this part.
2660. No person shall do industrial homework within this state
unless he has in his possession a valid homeworker's permit issued to
him by the division. The permit shall be issued for a fee of
twenty-five dollars ($25), and shall be valid for industrial homework
performed for the licensed employer of industrial homeworkers, named
therein, for a period of one year from the date of its issuance
unless sooner revoked or suspended. Application for a permit shall be
made in such form as the division may by regulation prescribe. The
permit shall be valid only for work performed by the applicant
himself in his own home. The division may waive the fee for a
homeworker's permit in cases where the applicant requests such
waiver, and can establish that payments of the fee would result in
financial hardship.
2660.1. Every person doing industrial homework, with or without a
valid homeworker's permit issued by the division, shall reveal to the
division, on demand, the name and address of the employer, the name
and address of the owner or source of the articles or materials for
industrial homework, the rate of compensation and any other
information known to the homeworker and pertinent to the enforcement
of this section. This information so revealed by the homeworker to
the division shall not be used by the division in any action against
or prosecution of the homeworker.
2660.5. Every person who does industrial homework without having in
his possession a valid homeworker's permit issued to him by the
division is guilty of a misdemeanor which misdemeanor shall be
punishable for the first offense by a fine of not more than fifty
dollars ($50) and for the second offense by a fine of not more than
one hundred dollars ($100). The court may suspend such fine on
condition the industrial homeworker cooperates with the division in
the lawful prosecutions of persons violating this part and to secure
compliance with this part, or on condition the defendant refrains
from any future violation of this part.
2661. No homeworker's permit shall be issued to any person under
the age of 16 years; or to any person suffering from an infectious,
contagious, or communicable disease, or to any person living in a
home that is not clean, sanitary, and free from infectious,
contagious, or communicable disease.
2662. The division may revoke or suspend any homeworker's permit
upon a finding that the industrial homeworker is performing
industrial homework contrary to the conditions under which the permit
was issued or in violation of this part or has permitted any person
not holding a valid homeworker's permit to assist him in performing
industrial homework or on expiration or revocation of the industrial
homework license of the employer.
2663. No person shall tolerate, suffer or permit any materials or
articles to be manufactured by industrial homework unless there has
been conspicuously affixed to each article or material or, if this is
impossible, to the package or other container in which such goods
are kept, a label or other mark of identification bearing the
employer's name and address, printed or written legibly in English.
2664. (a) Any article or material which is being manufactured in a
home in violation of any provision of this part may be confiscated by
the division. Articles or material confiscated pursuant to this
section shall be placed in the custody of the division, which shall
be responsible for destroying or disposing of them pursuant to
regulations adopted under Section 2666, provided that the articles or
material shall not enter the mainstream of commerce and shall not be
offered for sale. The division shall, by certified mail, give notice
of the confiscation and the procedure for appealing the confiscation
to the person whose name and address are affixed to the article or
material as provided in this part. The notice shall state that
failure to file a written notice of appeal with the Labor
Commissioner within 15 days after service of the notice of
confiscation shall result in the destruction or disposition of the
confiscated article or material.
(b) To contest the confiscation of articles or material, a person
shall, within 15 days after service of the notice of confiscation,
file a written notice of appeal with the Office of the Labor
Commissioner at the address that appears on the notice of
confiscation. Within 30 days after the timely filing of a notice of
appeal, the Labor Commissioner shall hold a hearing on the appeal.
The hearing shall be recorded. Based on the evidence presented at the
hearing, the Labor Commissioner may affirm, modify, or dismiss the
confiscation, and may order the return of none, some, or all of the
confiscated articles or material, under terms that the Labor
Commissioner may specify. The decision of the Labor Commissioner
shall consist of findings of fact, legal analysis, and an order. The
decision shall be served by first-class mail on all parties to the
hearing, to the last known address of the parties on file with the
Labor Commissioner, within 15 days of the conclusion of the hearing.
Service shall be complete pursuant to Section 1013 of the Code of
Civil Procedure. Judicial review shall be by petition for writ of
mandate, filed with the appropriate court, within 45 days of service
of the decision.
2665. Every person who employs or otherwise avails himself of the
services of industrial homeworkers in this State shall:
(a) Comply with the labor standards as provided in Chapter 1
(commencing with Section 1171) of Part 4 of Division 2 of the Labor
Code.
(b) Keep in a manner approved by the division, accurate
information as follows:
1. Full name and home address of each industrial homeworker
employed by him;
2. Amount and description of materials delivered to each
industrial homeworker employed by him with date of delivery, and rate
of compensation;
3. Gross amount of compensation paid to each industrial homeworker
employed by him and date of payment;
4. Names and addresses of all agents or independent contractors to
whom he has delivered materials or articles for manufacture by
industrial homework together with quantity, description of materials
and date of delivery;
5. Names and addresses of all manufacturers or independent
contractors from whom he has received articles or materials for
industrial homework together with quantity, description of materials
and date of receipt.
(c) Furnish to the division at its request reports or information
which the division requires to carry out the provisions of this part.
Such reports and information shall be verified as requested by the
division.
2666. The Division of Labor Standards Enforcement shall enforce the
provisions of this part. The division and the authorized
representatives of the Department of Industrial Relations are
authorized and directed to make all inspections and investigations
necessary for the enforcement of this part. Every employer shall
permit authorized employees of the division free access to his place
of business for the purpose of making investigations authorized by
this part or necessary to carry out its provisions and permit them to
inspect and copy his payroll or other records or documents relating
to the enforcement of this part, or interview his employees or
agents. The division may make, in accordance with the provisions of
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, such rules and regulations as are
reasonably necessary to carry out the provisions of this part. The
violation of any such rule or regulation shall be deemed a violation
of this part.
Every law enforcement officer of the state, any county,
municipality, or other government entity who has reason to suspect
any violation of this part shall have all the powers of an authorized
representative of the Department of Industrial Relations, in the
investigation of such suspected violation.
2667. Unless otherwise provided herein, every person acting either
individually or as an officer, agent, employee or independent
contractor for another person who violates or refuses or neglects to
comply with any provision of this part, or any regulation of the
division made in accordance with the provisions of this part is
guilty of a misdemeanor.
Whenever the provisions of this part prohibit the employment of a
person in certain work or under certain conditions, the employer
shall not knowingly permit such person to work with or without
compensation.
The Attorney General may seek appropriate injunctive relief
consistent with, and in furtherance of the purposes of, this part.
