|
|
|
|
|
|
|
|
|
|
|
|
|
2324 VETOES
existing regulations or orders of the Administration
relating to industrial homework are contained in full
force and effect."
Regulations issued pursuant to this authority do permit the
granting of "special certificates" to engage in industrial
homework, 29 C.F.R. §530.4. However, the conditions for
obtaining a certificate are so circumscribed that courts
speak of the regulation as a "prohibition" on industrial
homework. See e.g., Gemsco v. Walling, 324 U.S. 244, 249
(1945); ILGWU v. Donovan,__F.Supp.___, Civ. No. 81-2606
(D.D.C., opinion filed July 23, 1982).
2/ As interpreted in federal decisions, this ban even reached
workers who might have been considered independent
contractors under the common law. See e.g., Mitchell v.
Nutter, 161 F.Supp. 799 (N.D. Maine 1958).
3/ The 1981 change in the industrial homework ban was
immediately challenged in federal court both on grounds that
the repeal of the homework ban in the knitted outerwear
industry violated the Administrative Procedure Act and on the
basis that the Secretary of Labor lacked the authority to
repeal the prohibition. International Ladies' Garment
Workers' Union, et al. v. Raymond J. Donovan, Secretary of
Labor, et al.,___F.Supp.___, Civ. Act. No. 81-2606 (D.D.C.,
opinion filed July 23, 1982). However, the District Court
ruled in favor of the government. Id. That case is now on
appeal to the U.S. Court of Appeals for the District of
Columbia. ILGWU v. Donovan, appeal docketed as No. 82-2133.
It is our understanding that only the APA issues are being
pressed on appeal.
4/ We stop short of declaring these provisions in
irreconcilable conflict with federal law because the
exemptions in Senate Bill 199, despite their obvious purpose,
might be read only as a limitation on the State's enforcement
authority in this area. Moreover, certain provisions of
Senate Bill 193 clearly do not violate federal law, such as
the prohibitory features of the legislation and the bill's
application to the knitted outerwear industry -- an area
where the industrial homework ban has been lifted by the
federal government.
5/ They could also be authorized to assist in the
administration of the federal scheme pursuant to 29 U.S.C. §
211(b).
Senate Bill No. 199
AN ACT concerning
Garment Manufacturing - Industrial Homework
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
