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2322 VETOES
destroyed the latter's right to a minimum wage. Id. at 259. In
1949, Congress expressly authorized the Labor Department to
regulate, restrict or prohibit industrial homework. 29 U.S.C.
§211(d). 1/ This authority apparently contains the same
limitation that exists with respect to the Department's authority
under other provisions of the Fair Labor Standards Act, namely,
it only reaches employees "engaged in commerce". 29 U.S.C.
§203(b). However, the Supreme Court has recognized that the
purpose of the federal act, of which §211(d) is a part, is to
extend federal control "throughout the farthest reaches of the
channels of interstate commerce." Walling v. Jacksonville Paper
Co., 317 U.S. 564, 567 (1943). And, "[n]o de minimus rule applies
to the Act: any regular contact with commerce, no matter how
small, will result in coverage." Marshall v. Victoria
Transportation Co., Inc., 603 F.2d 1122, 1124 (5th Cir. 1979).
Until 1981, the ban on industrial homework extended to seven
industries: women's apparel; jewelry manufacturing; knitted
outerwear; gloves and mittens; button and buckle manufacturing;
handkerchief manufacturing; and embroideries. See 29 C.F.R. Part
530. 2/ However, effective November 9, 1981, the Labor
Department exempted the knitted outerwear industry from the
industrial homework ban but expressly declined to remove
restrictions in other industries. 46 Fed.Red. 50348 (Oct. 9,
1981). 3/ Following hard on the heels of the lifting of the
industrial homework ban in the knitted outerwear industry, a
number of states imposed their own ban. This was the original
purpose of Senate Bill 199.
As introduced, the bill imposed a State ban (with minor
exceptions conforming to those in federal law) on "garment
manufacturing" industrial homework -- a prohibition that appears
to cut across several of the industries covered by the federal
regulations, including the knitted outerwear industries and
women's apparel. However, the bill was amended to define a
"garment manufacturing employer" as a person who engages, as an
owner or manager, in the business of garment manufacturing:
"AND WHO EMPLOYS MORE THAN 4 INDIVIDUALS. HOWEVER, AS
TO ANY GARMENT MANUFACTURING EMPLOYER WHO EMPLOYS 4 OR
FEWER INDIVIDUALS, THE PROVISIONS OF THIS SECTION AND
SECTIONS 328(B) AND 328A OF THIS ARTICLE DO NOT APPLY,
BUT ONLY IF THE GARMENT MANUFACTURING EMPLOYER DOES NOT
SUBCONTRACT ANY WORK TO OTHER THAN THE 4 OR FEWER
INDIVIDUALS EMPLOYED BY THE EMPLOYER. A 'GARMENT
MANUFACTURING EMPLOYER' DOES NOT INCLUDE A PERSON WHO
SELLS AT RETAIL, BY MAIL ORDER OR OTHERWISE, OVER 35
PERCENT OF THE ARTICLES OF WEARING APPAREL WHICH IT
CUTS, SEWS, PROCESSES, REPAIRS, FINISHES, ASSEMBLES, OR
OTHERWISE MAKES OR PREPARES FOR SALE ON AN ANNUAL
BASIS. A 'GARMENT MANUFACTURING EMPLOYER' DOES NOT
INCLUDE A NONPROFIT ORGANIZATION WHICH MANUFACTURES THE
ENTIRE GARMENT FROM BEGINNING TO END BY MEANS OF
CUTTING, SEWING, PROCESSING, FINISHING, ASSEMBLING, OR
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