Employment Regulation and SupervisionIndustrial Homework
Section § 2650
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.
Section § 2651
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.
Section § 2652
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.
Section § 2653
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.
Section § 2654
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.
Section § 2655
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.
Section § 2656
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.
Section § 2658
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.
Section § 2658.1
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.
Section § 2658.5
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.
Section § 2658.7
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.
Section § 2659
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.
Section § 2660
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.
Section § 2660.1
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.
Section § 2660.5
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.
Section § 2661
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.
Section § 2662
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.
Section § 2663
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.
Section § 2664
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.
Section § 2665
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.
Section § 2666
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.
Section § 2667
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.