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Question: We are working on a contract that includes a very low-skilled assembly process. Employees have asked if they can take the material home and complete it there. They said they could also enlist the help of their spouses. We think it is a good idea and would pay them a piecework rate based on how many units are assembled. Is there a problem with this?
Answer: You are talking about industrial homework. According to NYS Labor Law “the industrial commissioner shall, after proper study and consideration, determine within what industries conditions may permit use of industrial homework without jeopardizing the factory worker in such industries as to both wages and working conditions, and without unduly injuring the health and welfare of the industrial home worker. In all other industries, industrial homework is forbidden unless expressly permitted in writing by the industrial commissioner. An exception is made in respect to clerical work (typing, copying, bookkeeping and stenographic work). Clerical work shall not mean inserting, collating, labeling, nesting, sorting, stamping, or similar work. A permit from the commissioner must be secured before materials for industrial homework are delivered.
However, there are other issues to be taken into consideration in your situation. Because the employee is already working for you, any work done at home would count as additional work for the same employer and be subject to overtime requirements. In addition, you incur a liability if an accident or injury results in the homework. Also, you can’t guarantee that the employee is using persons who can ‘legally’ work versus children or aliens not permitted to work in this country.
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Fri. 08.15.08
2008 CNY Employer of Distinction Awards - Application
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