PRIOR PRINTER'S NO. 2070 PRINTER'S NO. 4290
No. 1682 Session of 2001
INTRODUCED BY ROHRER, T. ARMSTRONG, BASTIAN, CLARK, CLYMER,
CREIGHTON, FORCIER, GABIG, LEH, METCALFE, NICKOL, SCHRODER,
SEMMEL, E. Z. TAYLOR, WILT, YOUNGBLOOD, ZIMMERMAN,
L. I. COHEN, ROSS, BIRMELIN, HERSHEY, SAYLOR, WATERS, EGOLF,
R. STEVENSON AND TURZAI, JUNE 4, 2001
AS REPORTED FROM COMMITTEE ON LABOR RELATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 23, 2002
AN ACT
1 Amending the act of May 18, 1937 (P.L.665, No.176), entitled "An
2 act relating to the performance of industrial work in homes;
3 regulating, and in certain cases prohibiting, industrial
4 homework; imposing duties, restrictions and liabilities on
5 industrial home-workers and on persons, partnerships,
6 associations and corporations, directly or indirectly
7 furnishing materials and articles to home-workers for
8 manufacture or work thereon; requiring permits and home-
9 workers' certificates and prescribing the fees therefor;
10 conferring powers and imposing duties on the Department of
11 Labor and Industry; and prescribing penalties," further
12 providing for legislative purpose, for definitions, for
13 prohibited homework, for power to prohibit, for employers'
14 permit, for injunction against continued violations, for
15 fees, for homeworker's certificate, for records, for
16 conditions of manufacture, for labels, for duty to inspect
17 and report and for violations and penalties.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Sections 1 and 3 of the act of May 18, 1937
21 (P.L.665, No.176), known as the Industrial Homework Law, amended
22 November 24, 1976 (P.L.1196, No.263), are amended to read:
23 Section 1. Legislative Purpose.--This State has long
1 recognized that employment of men, women and children under
2 conditions detrimental to health and general welfare results in
3 injury, not only to the workers immediately affected, but also
4 to the public interest as a whole. This recognition has produced
5 a broad program of regulatory legislation to conserve the public
6 welfare. The continuance of an unregulated industrial homework
7 system in this State runs counter to that program since it is
8 usually accompanied by excessively low wages, long and irregular
9 hours, and unsanitary or otherwise inadequate working quarters.
10 [In enacting this act, the Legislature stated that industrial
11 homework was harmful to society as a whole, to the industrial
12 homework work force, and to workers in factory industries forced
13 to compete against the lower wages and less salutary working
14 conditions characteristic of industrial homework. The
15 Legislature concluded that "industrial homework must eventually
16 be abolished." It is the aim of this act to achieve that goal,
17 and eliminate the pernicious influence of industrial homework on
18 the people of this State, by abolishing industrial homework
19 except when it is engaged in by certain types of individuals
20 unable to leave their homes to work, as hereinafter specified.]
21 The Legislature recognizes that industrial homework must be
22 regulated in order to prevent potential abuses of such work
23 situations and recognizes that industrial homework should not be
24 available to the work force as a whole. However, the Legislature
25 recognizes that industrial homework opportunities can benefit
26 society as a whole when they are made available to segments of
27 this State's work force for whom normal work situations pose an
28 undue hardship. It is the aim of this act to permit certain
29 individuals to participate in industrial homework and improve
30 their economic security.
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1 Section 3. Definitions.--The following words, terms and
2 phrases, when used in this act, shall have the meanings ascribed
3 to them in this section, except where the context clearly
4 indicates a different meaning.
5 (a) "Contractor." Any person who for the account or benefit
6 of an employer[, representative contractor or other person,]
7 distributes to a home-worker [, or any other person], not
8 recruited or engaged by such employer, [representative
9 contractor, or other person,] articles or materials to be
10 manufactured in a home, and thereafter to be returned to him or
11 otherwise disposed of in accordance with his directions.
12 (b) "Department." The Department of Labor and Industry of
13 this Commonwealth.
14 (c) "Employer." Any person who for his own account or
15 benefit, directly or indirectly, or through an employe[, agent,
16 independent contractor, or any other person] or contractor.
17 (1) Delivers, or causes to be delivered to another person,
18 any articles or materials to be manufactured in a home and
19 thereafter to be returned to him, not for the personal use of
20 himself or of a member of his family, or thereafter to be
21 disposed of otherwise in accordance with his directions, or
22 (2) Sells to another person, any materials or articles for
23 the purpose of having such articles or materials manufactured in
24 a home and of then rebuying such materials or articles after
25 such manufacture, either by himself, or by someone designated by
26 him.
27 (c.1) "Family." The spouse and children of a home-worker,
28 and the mother, father, grandmother, and grandfather of a home-
29 worker and his spouse.
30 (d) "Home." Any room, house, apartment, or other premises,
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1 whichever is most extensively used, in whole or in part, as a
2 place of dwelling, and including outbuildings upon premises that
3 are primarily used as a place of dwelling, where such
4 outbuildings are under the control of the person dwelling on
5 such premises.
6 (e) "Home-worker." Any person engaged in manufacturing in a
7 home, articles or materials for an employer[, a representative
8 contractor,] or a contractor.
9 (f) "Industrial Homework." Any manufacture in a home of
10 articles[,] or materials for an employer[, a representative
11 contractor,] or a contractor.
12 (g) "Manufacture." To prepare, alter, repair, finish, or
13 process, in whole or in part, or handle in any way connected
14 with the production, wrapping, packaging, or preparation for
15 display of an article or materials.
16 (h) "Person." An individual, partnership, firm, association,
17 domestic or foreign corporation, the legal representatives of a
18 deceased individual, or the receiver, trustee, or successor of
19 an individual, partnership, association, or corporation.
20 [(i) "Representative Contractor." Any person who receives
21 from an employer, or contractor not within the State, articles
22 or materials to be distributed by him to any home-worker, or
23 other person, not recruited or engaged by such employer or
24 contractor, to be manufactured in a home, and thereafter to be
25 returned to him, or otherwise disposed of, in accordance with
26 his directions.]
27 The singular shall include the plural, and the masculine
28 shall include the feminine and neuter.
29 Section 2. Sections 4 and 5 of the act are amended to read:
30 Section 4. Prohibited Homework.--It shall be unlawful to
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1 manufacture in a home for an employer[,] or contractor[, or
2 representative contractor,] any of the following articles, or to
3 perform in a home, for such persons, any of the following work,
4 and no permit issued under this act shall be deemed to authorize
5 such manufacture or the performance of any such work:--
6 (a) Articles of food or drink.
7 (b) Articles for use in connection with the serving of food
8 or drink.
9 [(c) Toys and dolls.]
10 (d) Tobacco.
11 (e) Drugs and poisons.
12 (f) Bandages and other sanitary goods.
13 (g) Explosives, fireworks, and articles of like character.
14 [(h) The tearing or sewing of rags: Provided, That the word
15 "rags" shall not be deemed to apply to new remnants, clippings,
16 or salvages which are the by-products of manufacturing
17 processes.]
18 (i) Articles, the processing of which requires exposure to
19 substances determined by the department to be hazardous to the
20 health or safety of persons so exposed.
21 Section 5. Power to Prohibit.--(a) The department shall
22 have the power, upon its own initiative, to make an
23 investigation of that portion or branch of any industry which
24 employs home-workers, in order to determine:
25 (1) Whether the wages and conditions of employment are
26 injurious to the health and welfare of home-workers in such
27 portion or branch; or
28 (2) Whether the wages and conditions of employment
29 prevailing in such portion or branch have the effect of
30 rendering unduly difficult the maintenance of existing labor
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1 standards, or the observance and enforcement of labor standards
2 established by law, or regulation for the industry of which such
3 portion or branch is a part, thus jeopardizing wages or working
4 conditions of the factory workers in such industry.
5 (b) If, [on the basis of information in its possession, with
6 or without an investigation] after investigation and hearing as
7 provided in [this] section 6, the department shall find that
8 industrial homework cannot be continued within any industry
9 without injuring the health and welfare of the home-workers
10 within that industry, or without rendering unduly difficult the
11 maintenance of existing labor standards or the observance and
12 enforcement of labor standards established by law for the
13 protection of the factory workers in that industry, the
14 department shall, by order, require all employers[,
15 representative contractors,] or contractors in such industry to
16 discontinue the furnishing within this Commonwealth of articles
17 or materials for industrial homework, and no permit issued under
18 this act shall be deemed thereafter to authorize the furnishing
19 of articles, or materials for industrial homework prohibited by
20 such order.
21 [(c) All power machines used in conduct of industrial
22 homework shall be guarded in accordance with the laws and
23 regulations of the Department of Labor and Industry.]
24 Section 3. Section 7 of the act, amended November 24, 1976
25 (P.L.1196, No.263), is amended to read:
26 Section 7. Permit Required by Employers [and Representative
27 Contractors].--Every employer [and every representative
28 contractor] within this Commonwealth] must procure from the <--
29 department an employer's permit. Application for such permit
30 shall be made on a form prescribed by the department. Such
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1 permit shall be in writing, dated when issued, and signed by the
2 Secretary of Labor and Industry, or his duly authorized
3 representative. It shall give the name and address of the person
4 to whom it is issued and shall designate and limit the acts that
5 are permitted. Such permit shall be valid for a period of one
6 year from the date of its issuance, unless sooner revoked.
7 Section 4. Section 8 of the act, repealed in part April 28,
8 1978 (P.L.202, No.53), is amended to read:
9 Section 8. Injunction against Continued Violations.--
10 Whenever any employer [or representative contractor] has twice
11 been found guilty of conducting his business without an
12 employer's permit, the department may apply to the court for an
13 injunction, and such court shall upon such application issue an
14 injunction to restrain such employer [or representative
15 contractor] from further violating the provisions of this act.
16 Section 5. Sections 10, 11, 12, 13, 14 and 16.1 of the act,
17 amended or added November 24, 1976 (P.L.1196, No.263), are
18 amended to read:
19 Section 10. Fees.--(a) A fee of five hundred dollars
20 ($500.00) shall be paid to the department for the original
21 issuance of an employer's permit.
22 (b) For each annual renewal of such permit, the employer [or
23 representative contractor] shall pay to the department a fee
24 of--
25 (1) One hundred dollars ($100.00), where at no time during
26 the preceding year did the employer, [or representative
27 contractor,] directly or indirectly, have business relations
28 simultaneously with more than one hundred home-workers.
29 (2) Two hundred dollars ($200.00), where at any time during
30 the preceding year the employer, [or representative contractor,]
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1 directly or indirectly, had business relations simultaneously
2 with more than one hundred, but less than three hundred home-
3 workers.
4 (3) Three hundred dollars ($300.00), where at any time
5 during the preceding year the employer, [or representative
6 contractor,] directly or indirectly, had business relations
7 simultaneously with three hundred or more home-workers.
8 (c) A fee of three hundred dollars ($300.00) shall be paid
9 to the department for the issuance of a contractor's permit. For
10 each annual renewal of such permit, the contractor shall pay to
11 the department a fee of one hundred dollars ($100.00).
12 (d) No fee shall be required for the original issuance of an
13 employer's[, representative contractor's] or contractor's permit
14 nor renewal thereof for employment of handicapped people where
15 the department finds:
16 (1) That a person is unable to adjust to factory employment
17 because of old age or physical or mental deficiency or
18 disability or is unable to leave home because his services are
19 essential to care for an invalid in the home;
20 (2) That the employer and home-worker comply with all
21 requirements and conditions of this act and all rules and
22 regulations of the department;
23 (3) That such limited distribution of work to handicapped
24 persons is not inconsistent with the purpose and policy of this
25 act.
26 Section 11. Home-Worker's Certificate.--(a) Every person
27 desiring to engage in industrial homework within this
28 Commonwealth must procure from the department a home-worker's
29 certificate, which shall be issued without cost and which shall
30 be valid for a period of one year from the date of its issuance,
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1 unless sooner revoked or suspended by action of the department
2 or, under subsection (f) of this section, automatically.
3 Application for such certificate shall be made in such form as
4 the department may by regulation prescribe and must be remade
5 each year. Such certificate shall be valid only for work
6 performed by the applicant himself in his own home, and in
7 accordance with the provisions of this act.
8 (b) No home-worker's certificate shall be issued:--
9 (1) To any person under the age of sixteen years; or
10 (2) To any person known to be suffering from an infectious,
11 contagious, or communicable disease, or known to be living in a
12 home that is not clean, sanitary and free from infectious,
13 contagious, or communicable diseases.
14 [(3) To any person, unless that person]
15 (b.1) The EXCEPT AS SET FORTH IN SUBSECTION (B), THE <--
16 department shall issue a home-worker's certificate to the
17 following individuals who meet eligibility requirements:
18 (1) A person who is unable to leave his home to work on
19 account of:
20 (i) his own physical handicap, if that handicap has lasted
21 for more than thirty consecutive days; or
22 (ii) his own illness, if that illness has lasted for more
23 than thirty consecutive days; or
24 (iii) the necessity of caring for a member of his family who
25 is ill or handicapped, if that illness and/or handicap and
26 necessity has lasted for more than thirty consecutive days.
27 (2) A parent who is caring for one or more minor children.
28 (3) An individual for whom transportation to normal
29 employment cannot be obtained or constitutes an unreasonable
30 burden.
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1 (4) Members of a family household primarily engaged in
2 farming.
3 (5) Any individual who possesses a unique situation for
4 which the department believes the issuance of a certificate is
5 consistent with the intent of this act.
6 (B.2) THE DEPARTMENT SHALL NOT ISSUE A HOME-WORKER'S <--
7 CERTIFICATE TO AN INDIVIDUAL WHO MEETS THE ELIGIBILITY
8 REQUIREMENTS OF SUBSECTION (B.1)(2), (3), (4) OR (5) IF THE
9 INDUSTRIAL HOMEWORK REGULATIONS PROMULGATED UNDER THE FAIR LABOR
10 STANDARDS ACT OF 1938 (52 STAT. 1060, 29 U.S.C. § 201 ET SEQ.)
11 DO NOT PERMIT SUCH HOMEWORK.
12 (c) It shall be the duty of each applicant for a home-
13 worker's certificate to prove his eligibility for a certificate
14 [by presenting evidence of handicap or illness of himself or
15 illness or handicap of a family member sufficient to prove to
16 the department that he qualifies for a home-worker's certificate
17 under one of the exceptions set forth in subsection (b)(3) of
18 this section]. The department shall be empowered to require any
19 applicant for a home-worker's certificate, or any family member
20 of any applicant for a home-worker's certificate upon whose
21 illness an applicant is relying in order to obtain a
22 certificate, to submit to a medical examination by a physician
23 of the department's choosing in order to aid the department in
24 making a decision on whether or not to issue a certificate, the
25 examination to be conducted at the expense of the department.
26 (d) Whenever a physical examination by a physician is
27 necessary, in order for a person to qualify for or to retain a
28 home-worker's certificate, if the person is working, or has been
29 promised work on the condition that he obtain a home-worker's
30 certificate, it shall be the duty of the employer[,
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1 representative contractor,] or contractor for which the person
2 is working or by which the person has been promised work[,] to
3 pay the cost of the physical examination.
4 (e) Every certificate shall contain [the following
5 information, in addition to] any information which the
6 department [shall,] deems necessary, which shall be established
7 by regulation.[, require:
8 (1) The home-worker's
9 (i) name,
10 (ii) address,
11 (iii) sex,
12 (iv) Social Security number,
13 (v) date of birth,
14 (vi) height,
15 (vii) weight,
16 (viii) eye color,
17 (ix) hair color; and
18 (2) The expiration date of the certificate; and
19 (3) The basis of the home-worker's eligibility for a
20 certificate, as set forth in subsection (b)(3) above.]
21 (f) Upon the termination of the [handicap, illness, or
22 necessity of caring for a family member who is ill or
23 handicapped] situation which has qualified a person for a home-
24 worker's certificate under subsection [(b)(3)] (b.1) of this
25 section, that person's certificate shall automatically be
26 revoked.
27 (g) The department may revoke, or suspend any home-worker's
28 certificate if it finds that the holder is performing industrial
29 homework contrary to the conditions under which the certificate
30 was issued, or to any provision of this act, or has permitted
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1 any person not holding a valid home-worker's certificate to
2 assist him in performing his industrial homework or has obtained
3 the certificate through fraud or misrepresentation.
4 (h) The department shall keep records of the applications
5 made and certificates issued under this section, and of all
6 information contained thereon.
7 [(i) Notwithstanding any provisions of this act to the
8 contrary, a special home-worker's certificate may be issued to a
9 person who does not qualify for a certificate under subsections
10 (b)(3) and (c) if the person meets the other qualifications of
11 subsection (b) and if the person has been employed fulltime for
12 a period of at least six months in the manufacture of shoes, and
13 is unable to continue his factory employment, if the following
14 conditions are met:
15 (1) The special certificate holder may perform homework only
16 for an employer which operates a factory in which shoes are
17 manufactured, and which does not have more than five percent of
18 its employes engaged in the manufacture of shoes in industrial
19 homework.
20 (2) The homework performed by the special certificate holder
21 must be part of the manufacturing process of shoes.
22 (3) The special certificate holder must be paid the same
23 wages and receive the same benefits as the employer pays or
24 affords to employes in its factory who perform similar work.
25 (4) The employer must deliver and pick up all the materials
26 used in or produced by homework at the home of the special
27 certificate holder without charge to the home-worker.
28 (5) All machinery, equipment, and materials used in the
29 manufacture of goods by the special certificate holder must be
30 supplied to the special certificate holder and maintained by the
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1 employer without charge to the home-worker.
2 A certificate issued under authority of this subsection shall bear
3 a mark indicating that it permits its holder to engage in
4 homework only in the shoe manufacturing industry. The provisions
5 of this act shall govern the issuance and use of a special home-
6 worker's certificate insofar as they do not conflict with this
7 subsection. The use of a special home-worker's certificate in
8 violation of this act shall automatically revoke the
9 certificate.
10 (j) Notwithstanding any provisions of this act to the
11 contrary, a special home-worker's certificate may be issued to a
12 person who does not qualify for a certificate under subsections
13 (b)(3) and (c) if the person meets the other qualifications of
14 subsection (b), has been employed fulltime for a period of at
15 least one month in the manufacture of brushes, is unable to
16 continue his factory employment, and if the following conditions
17 are met:
18 (1) The special certificate holder performs homework only
19 for an employer operating a factory in which brushes are
20 manufactured who does not have more than thirty per cent of its
21 employes engaged in the manufacture of brushes in industrial
22 homework.
23 (2) The homework performed by the special certificate holder
24 is part of the process of manufacturing brushes.
25 (3) The employer delivers and picks up all the materials
26 used in or produced by homework at the home of the special
27 certificate holder without charge to the home-worker.
28 (4) All machinery, equipment, and materials used in the
29 manufacture of goods by the special certificate holder is
30 supplied to the special certificate holder and maintained by the
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1 employer without charge to the home-worker.
2 A certificate issued pursuant to this subsection shall bear a
3 mark indicating that it permits its holder to engage in homework
4 only in the brush manufacturing industry. The provisions of this
5 act shall govern the issuance and use of a special home-worker's
6 certificate insofar as they do not conflict with this
7 subsection. The use of a special home-worker's certificate in
8 violation of this act shall automatically revoke the
9 certificate.]
10 Section 12. Records to Be Kept.--[No person] Persons having
11 an employer's or a contractor's permit shall [deliver, or cause
12 to be delivered, or received, any articles or materials for or
13 as a result of industrial homework, unless he shall keep in such
14 form and forward to the department at such intervals, as it may
15 by regulation prescribe, and on such blanks as it may provide, a
16 complete and accurate record of all persons engaged in
17 industrial homework on articles or materials furnished or
18 distributed by him; of all places where such persons work; of
19 all articles or materials furnished and distributed to such
20 persons, described as the department may require; of all goods
21 which such persons have manufactured; of the net cash wages
22 received by each home-worker; of the Social Security number and
23 certificate number of each home-worker; and of all contractors
24 to whom he has furnished articles or materials to be
25 manufactured for him in any home.] maintain records as required
26 through regulation by the department. Records kept pursuant to
27 this section shall be open, at all times, to inspection by the
28 department.
29 Section 13. Conditions of Manufacture.--Industrial homework
30 on articles or materials manufactured for any person to whom an
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1 employer's permit has been issued shall be performed:--
2 (a) Only by a person possessing a valid home-worker's
3 certificate.
4 (b) Only by persons over the age of sixteen years.
5 (c) Only by persons resident in the home in which the work
6 is done.
7 (d) Only during such hours as may be fixed by law or
8 regulation as permissible hours of labor in factories by persons
9 of the same age and sex as the home-worker; and
10 (e) Only in a home that is clean and sanitary and free from
11 any infectious, contagious, or communicable disease.
12 [(f) Only by persons who are incapable of leaving their
13 homes to work because of one of the reasons stated in section
14 11(b) (3).]
15 (g) Only with power machines which are guarded in accordance
16 with the laws and regulations of the department.
17 (H) ONLY IN ACCORDANCE WITH THE PROVISIONS OF THE ACT OF MAY <--
18 13, 1915 (P.L.286, NO.177), KNOWN AS THE "CHILD LABOR LAW" AND
19 THE ACT OF JANUARY 17, 1968 (P.L.11, NO.5), KNOWN AS "THE
20 MINIMUM WAGE ACT OF 1968," NOTWITHSTANDING ANY PROVISION OF
21 THESE ACTS TO THE CONTRARY.
22 Upon the issuance of an employer's permit to an employer[, or
23 representative contractor,] or a contractor's permit to a
24 contractor, such employer[, representative contractor,] or
25 contractor[,] shall be deemed to have accepted responsibility
26 for the observance of the conditions of manufacture specified by
27 this section; and each of such conditions shall be deemed to be
28 a condition of the employer's or contractor's permit to the same
29 extent as though it were expressly set forth therein.
30 Section 14. Labels Required.--(a) No employer[, or
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1 representative contractor,] or contractor[,] shall deliver, or
2 cause to be delivered, any articles or materials to be
3 manufactured by any home-worker, unless there has been
4 conspicuously affixed to each article or material a label, or
5 other mark of identification, bearing the employer's or
6 [representative] contractor's name and address, printed or
7 written legibly in English; but if the articles or materials are
8 of such a nature that they cannot be individually so labeled or
9 identified, then the employer or [representative] contractor
10 shall conspicuously label, in like manner, the package, or other
11 container in which such articles or materials are delivered, or
12 are to be kept, while in the possession of the home-worker.
13 (b) Every article manufactured in whole or in part by
14 industrial homework which is offered for sale, wholesale and
15 retail, shall bear a conspicuous label stating in clearly
16 legible type that it has been manufactured by industrial
17 homework. It shall be the duty of the department to prescribe
18 regulations concerning the nature and placement of labels on
19 such articles.
20 Section 16.1. Duty to Inspect and Report.--It shall be the
21 duty of every employer[, representative contractor] and
22 contractor, at least once each month, or more frequently, if he
23 has reasonable cause to believe that a home-worker is not in
24 compliance with section 11 or section 13:
25 (1) To inspect the home of every home-worker to which it
26 delivers goods to the extent required to determine whether the
27 provisions of section 13 are being complied with; [and]
28 (2) To inspect the certificate of every home-worker to which
29 it delivers goods to the extent required to determine whether
30 the certificate is valid and whether the holder of the
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1 certificate possesses the physical characteristics stated on the
2 certificate in compliance with section 11; and
3 (3) To report to the department within twenty-four hours
4 after discovery, the name and address of any home-worker whom it
5 reasonably believes[, on the basis of the performance of the
6 duties imposed by subsections (a) and (b) of this section,] to
7 be performing or seeking to perform homework in violation of
8 this act.
9 Section 6. Section 17.1 of the act, added November 24, 1976
10 (P.L.1196, No.263) and repealed in part April 28, 1978 (P.L.202,
11 No.53), is amended to read:
12 Section 17.1. Violations and Penalties.--(a) It shall be a
13 summary offense[, punishable by a fine of one thousand dollars
14 ($1,000.00) or imprisonment for up to sixty days, or both]:
15 (1) For any person to obtain or attempt to obtain an
16 employer's or a contractor's permit required by section 7 or
17 section 9 through fraud or misrepresentation[; or].
18 (2) For any person to deliver or cause to be delivered, to
19 any person, any articles or materials for manufacture by
20 industrial homework, prohibited by section 4 or by the
21 department under authority of section 5[; or].
22 (3) For any person to deliver or cause to be delivered, to
23 any person, any articles or materials for manufacture by
24 industrial homework, if the person delivering or causing the
25 delivery does not have in his possession a valid appropriate
26 permit required by section 7 or section 9[; or].
27 (4) For any person to deliver or cause to be delivered, to
28 any person, any articles or materials for manufacturing by
29 industrial homework, if the person to whom the articles or
30 materials are delivered does not possess a home-worker's
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1 certificate which is valid or which, after performance of the
2 inspection required by section 16, a person could reasonably
3 believe to be valid[; or].
4 (5) For any person to fail to keep records or make a report
5 as required by section 12, or refuse to grant access to such
6 records as required by section 12, or to keep records or make a
7 report required by section 12 inaccurately, if the inaccuracy is
8 due to fraud, misrepresentation, or reckless disregard for
9 accuracy[; or].
10 (6) For any person to fail to perform any duty imposed by
11 section 16[; or].
12 (7) For an employer[, representative contractor,] or
13 contractor to obtain or aid any person to obtain a home-worker's
14 certificate, if he knows or has reason to know that the person
15 does not meet the qualifications of a home-worker set forth in
16 section 11[; or].
17 (8) For any person to sell or to possess with intent to
18 sell, any articles manufactured in violation of any provision of
19 this act, or any manufactured articles which have not been
20 labeled as required by section 14(b), if the person knows or
21 should have known that the articles were manufactured by
22 industrial homework and are not labeled as required by this act.
23 (9) For any person to make a deduction from the wages of
24 salary of any home-worker prohibited by section 8.
25 (b) It shall be a summary offense[, punishable by a fine of
26 five hundred dollars ($500.00) or imprisonment for up to thirty
27 days, or both,] for any person to deliver or cause to be
28 delivered, to any person, any articles or materials for
29 manufacture by industrial homework which are not labeled in the
30 manner prescribed by section 14(a).
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1 (c) It shall be a [summary offense, punishable by a fine of
2 five thousand dollars ($5,000.00) or imprisonment for between
3 sixty and ninety days, or both,] misdemeanor of the third degree
4 for any person to commit a second violation of this act within
5 five years from the date of his conviction for violation of this
6 act.
7 (d) If a person convicted under this section is a
8 corporation, the president and any other officer of the
9 corporation empowered to supervise the action of the corporation
10 found to be violative of this act shall be subject to the
11 penalties of imprisonment provided for by this section.
12 (f) Upon learning of the conviction of any person for
13 violation of this act, it shall be the duty of the Secretary of
14 Labor and Industry, or his authorized representative, to revoke
15 any permit which the convicted person may hold. The department
16 shall not issue any permit authorized by this act to any such
17 person, or his successor in interest, for a period of five years
18 after the revocation of the permit becomes final. If a person
19 convicted under this act did not have a valid permit at the time
20 of his conviction, the department shall not issue any permit
21 authorized by this act to any such person, or his successor in
22 interest, for a period of five years after the person's
23 conviction becomes final. In its performance of the duties
24 imposed on it by this subsection, the department shall afford
25 the convicted person due process of law.
26 (g) When delivery or causing delivering of any articles or
27 materials for manufacture by industrial homework is an element
28 of an offense under this section, and more than one delivery
29 violative of this act is made to the same individual home-worker
30 within one calendar week, those deliveries shall constitute only
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1 one offense under this act. In such a case the person making or
2 causing the delivery shall be found guilty of that portion of
3 the act which he has violated which carries the most onerous
4 penalty. Deliveries during each calendar week to different
5 individuals shall constitute separate offenses.
6 Section 7. This act shall take effect in 60 days.
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