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HARRY HUGHES, Governor 2323
OTHERWISE MAKING THE ENTIRE GARMENT, OTHER THAN THE
MATERIALS, FOR SALE OR RESALE AT WHOLESALE OR RETAIL."
It is apparent that the purpose of this change was to
sanction industrial homework in Maryland in these exempted areas.
However, the federal regulations banning industrial homework in
the covered industries contain no exemption for employers of four
or fewer employees and apply to employees regardless of whether
they might technically be considered "subcontractors". See n.
2, supra. Moreover, the regulations do not exempt "cottage
industries," viz. employers who sell over 35 percent of the
wearing apparel they make, nor do they contain any sort of
blanket exemption for non-profit organizations. Thus, despite
their apparent intention to do so, these provisions of Senate
Bill 199 cannot be read to permit or sanction what federal law
expressly prohibits in the garment industries still subject to
the industrial homework ban. 4/
Aside from what the amendments to Senate Bill 199 were
intended to accomplish, and whether or not the bill can be read
consistently with federal law, we think the existence of such
provisions in Maryland law could result in confusion among
persons subject to its requirements and could invite persons to
violate the federal industrial homework ban. One reason for the
existence of the federal ban is the inability to enforce federal
minimum wage requirements in the area. See Gemsco v. Walling,
supra, 324 U.S. at 245. In our view, Senate Bill 199 would
aggravate that enforcement problem. Those benefiting from the
amendments to the bill would be encouraged by the legislation to
continue to ignore federal requirements. In addition, it is
noteworthy that State enforcement officers in administering the
more limited provisions of Senate Bill 199, could not ignore a
violation of the federal scheme even if it occurred in an area
exempt under Senate Bill 199. They would be obliged to report
such violations to the Department of Labor. 5/ Thus, the
intended purpose of the amendments to Senate Bill 199 to sanction
certain forms of industrial homework would clearly be frustrated.
For these reasons, and because of Senate Bill 199's adverse
impact on the federal scheme, we do not approve the bill.
Very truly yours,
Stephen H. Sachs
Attorney General
1/ Section 211(d) states that:
"The Administrator [of the Wage and Hour Division] is
authorized to make such regulations and orders
regulating, restricting, or prohibiting industrial
homework as are necessary or appropriate to prevent the
circumvention or evasion of and to safeguard the
minimum wage rate prescribed in this chapter, and all
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