Section § 2650

Explanation

This section defines key terms related to industrial homework in California. It explains that "to manufacture" involves making or processing goods, and an "employer" is anyone employing industrial homeworkers directly or indirectly. A "home" is where people live, including any outbuildings, used to work on manufacturing tasks. "Industrial homework" refers to manufacturing done in homes for employers, excluding personal use. "Division" is short for the Division of Labor Standards Enforcement. An "industrial homeworker" is someone who engages in this type of work. "To employ" means allowing or permitting industrial homework to occur. Lastly, "person" includes individuals and various business entities.

As used in this part:
(a)CA Labor Code § 2650(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)CA Labor Code § 2650(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)CA Labor Code § 2650(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)CA Labor Code § 2650(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)CA Labor Code § 2650(e) “Division” means the Division of Labor Standards Enforcement.
(f)CA Labor Code § 2650(f) “Industrial homeworker” means any person who does industrial homework.
(g)CA Labor Code § 2650(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)CA Labor Code § 2650(h) “Person” means any individual, partnership and each partner thereof, corporation, limited liability company, or association.

Section § 2651

Explanation

This law makes it illegal to produce certain items through industrial homework. These items include food or drink products, clothing, toys, tobacco, drugs, bandages, explosives, and any other items identified as harmful to the health of workers or that complicate the enforcement of labor standards. Additionally, any licenses or permits do not allow for their manufacture.

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.

Section § 2652

Explanation

This law gives the authority to investigate industries hiring homeworkers to ensure their wages and working conditions aren't harmful to their health and welfare. It also checks if these conditions make it hard to maintain or enforce labor standards meant for factory workers in the same industry.

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.

Section § 2653

Explanation

This law section grants the division the authority to carry out its responsibilities, similar to the powers given to a department head under specific sections of the Government Code.

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.

Section § 2654

Explanation

This law states that if the division determines, using the information it has, that industrial homework (work done from home) harms the health and welfare of workers, or makes it hard to maintain or enforce labor standards, it can declare this type of work illegal in that industry. The division would then require all employers in the industry to stop using industrial homework. The order will specify which types of manufacturing are banned and include necessary conditions to achieve the law's purpose.

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.

Section § 2655

Explanation

This law section states that when the division issues an order concerning industrial homework, it must hold a public hearing or hearings. At these hearings, any employer, representative of employers, industrial homeworker, or representative of industrial homeworkers can share their views.

Public notice for each hearing must be given at least 30 days in advance. Additionally, the division must send written notices to businesses and employers who might be negatively impacted. The hearings will be held at locations convenient for affected parties.

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.

Section § 2656

Explanation

This law allows a government division to obtain a search warrant to inspect the workplace or premises of industrial homeworkers or distributors in California. The process for obtaining the warrant follows specific legal procedures detailed in another section of the law.

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.

Section § 2658

Explanation

If you want to hire workers to do industrial homework in sectors that aren't banned, you first need a special license. You have to apply and pay a $100 fee for each worker you employ, and this license is good for one year unless it's taken away or paused. After a year, you have to renew it with the same cost and rules as the first time.

The division in charge can take back or pause your license if you break the rules or don't follow their guidelines. You can't transfer this license to someone else. Any money from these licenses goes to the Labor Enforcement and Compliance Fund.

(a)CA Labor Code § 2658(a) A person shall not 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.
(b)CA Labor Code § 2658(b) Application for a license to employ industrial homeworkers shall be made to the division in a 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 the license shall be valid for a period of one year from the date of issuance unless sooner revoked or suspended.
(c)CA Labor Code § 2658(c) Renewal fees shall be at the same rate and conditions as the original license.
(d)CA Labor Code § 2658(d) 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 the license. The industrial homework license shall not be transferable.
(e)CA Labor Code § 2658(e) All license and permit fees received under this part shall be paid into the Labor Enforcement and Compliance Fund.

Section § 2658.1

Explanation

If someone doesn't have a valid industrial homework license and doesn't stop materials they oversee from being taken home for work, they are committing a misdemeanor. This law assumes that if materials meant for home-based manufacture are found with someone managing them and not in a factory, the factory owner might be at fault for failing to prevent this.

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.

Section § 2658.5

Explanation

This law says that anyone, such as manufacturers or contractors, who employs a person to do industrial homework without a proper license is committing a crime called a misdemeanor. First-time offenders may face a fine up to $1,000, jail time up to 30 days, or both. If caught a second time, the penalty increases to a fine up to $5,000, six months in jail, or both. For a third or additional offenses, the fine can be up to $30,000, a year in jail, or both. Additionally, after a third offense, the business license of the offender can be suspended for up to three years. The court can choose to lessen or waive penalties if the offender promises to follow the rules in the future.

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.

Section § 2658.7

Explanation

This law states that if goods are found to be produced through illegal industrial homework, they will be confiscated by authorities if they are found at the worker's home, during transport, or with the manufacturer or contractor.

Once it's confirmed that a violation occurred, these goods will be forfeited and taken away as an additional penalty. The authorities are responsible for handling these confiscated items.

The law also allows authorities to investigate industries to ensure compliance with rules prohibiting illegal industrial homework.

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.

Section § 2659

Explanation

This law states that no one is allowed to let someone else work from home doing industrial tasks unless that person has the proper licenses or permits. Essentially, both the employer and the homeworker need to have valid legal documentation to engage in manufacturing activities at home.

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.

Section § 2660

Explanation

In California, you need to have a valid homeworker's permit to do industrial homework from home. This permit costs $25 and is valid for one year but only for work done for a specific licensed employer named on the permit. You have to apply for it using a form set by the division, and it only covers work you do yourself in your home. If paying the $25 fee would cause financial hardship, you can ask for a waiver to skip the fee.

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.

Section § 2660.1

Explanation

If you're working from home on industrial tasks, you must provide certain details to the authorities when asked. This includes your employer's name and address, who owns or supplies the materials you work with, your pay rate, and any other details relevant to enforcing this rule. Importantly, this information can't be used to take legal action against you as a worker.

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.

Section § 2660.5

Explanation

If you do industrial work from home without a valid permit, you can be charged with a misdemeanor. For the first violation, the fine is up to $50, and for the second violation, it's up to $100. However, the court may let you off the hook if you help the authorities prosecute others breaking this law or if you agree not to break the law again.

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.

Section § 2661

Explanation

This law states that a homeworker’s permit will not be given to anyone under 16 years old. It also cannot be issued to people who have an infectious disease or who live in homes that are not clean or pose a health risk due to disease.

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.

Section § 2662

Explanation

This law allows the authorities to revoke or suspend a homeworker's permit. This can happen if the homeworker is not following the conditions of their permit, is breaking the rules of this part of the law, allows someone without a permit to help them, or if their employer's permit expires or is revoked.

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.

Section § 2663

Explanation

This California law states that if you have people doing industrial homework—making things at home for an employer—you must clearly label each item with the employer's name and address, either directly on the item or on its packaging, in English.

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.

Section § 2664

Explanation

This law states that if any article or material is being made at home in violation of specific labor regulations, it can be seized. The seized items must not be sold and will be handled according to certain regulations, which might include destruction. The responsible agency must inform the person associated with these items about the confiscation through certified mail, including details on how to appeal the decision.

If you want to challenge the seizure, you must file an appeal with the Labor Commissioner within 15 days. The Labor Commissioner will then hold a hearing, and based on the hearing, may decide to uphold, change, or cancel the confiscation. The ruling will be sent to all parties involved. If you're unsatisfied with the decision, you can request a judicial review within 45 days.

(a)CA Labor Code § 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)CA Labor Code § 2664(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.

Section § 2665

Explanation

If you hire people in California to do industrial homework (work done from home), you have specific requirements. You must follow existing labor standards, keep detailed records of workers' names and addresses, materials given to them, and what they are paid. You also need to track any agents or contractors you work with and the materials exchanged. Moreover, if the division asks, you must provide them with reports or information that they need, and these reports may need verification.

Every person who employs or otherwise avails himself of the services of industrial homeworkers in this State shall:
(a)CA Labor Code § 2665(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)CA Labor Code § 2665(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)CA Labor Code § 2665(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.

Section § 2666

Explanation

This law allows the Division of Labor Standards Enforcement and its representatives to enter any workplace to conduct investigations related to labor law enforcement. Employers must allow them to check records and talk to employees. The division can create rules to help enforce these laws, and breaking these rules is considered breaking the law.

Additionally, any law enforcement officer in the state can act like a labor inspector if they suspect a violation of the labor laws.

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.

Section § 2667

Explanation

This law states that anyone, whether acting alone or as part of a company or organization, who breaks or ignores the rules in this section or related regulations commits a misdemeanor. If a job's conditions are against these rules, an employer isn't allowed to let someone work there knowingly, whether they receive payment or not. Also, the Attorney General can request a court order to stop activities that go against the intentions of this law.

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.