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2326 VETOES
(4) "GARMENT MANUFACTURING EMPLOYER" MEANS 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 OTHERWISE MAKING THE ENTIRE
GARMENT, OTHER THAN THE MATERIALS, FOR SALE OR RESALE AT
WHOLESALE OR RETAIL.
(5) "PERSON" MEANS AN INDIVIDUAL, RECEIVER, TRUSTEE,
GUARDIAN, PERSONAL REPRESENTATIVE, FIDUCIARY, OR REPRESENTATIVE
OF ANY KIND AND ANY PARTNERSHIP, FIRM, ASSOCIATION, CORPORATION,
ORGANIZATION, UNIT OF GOVERNMENT, OR OTHER ENTITY.
(6) "INVALID" MEANS AN INDIVIDUAL WITH A PHYSICAL OR
MENTAL HANDICAP WHOSE DAILY CARE REQUIRES THE DIRECT SUPERVISION
OF THE WORKER.
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, A GARMENT MANUFACTURING EMPLOYER MAY NOT EMPLOY ANY
PERSON TO DO GARMENT MANUFACTURING INDUSTRIAL HOMEWORK.
(2) A GARMENT MANUFACTURING EMPLOYER MAY EMPLOY A
PERSON TO DO INDUSTRIAL HOMEWORK ONLY IF THE PERSON HAS AN
INDUSTRIAL HOMEWORK PERMIT FROM THE COMMISSIONER OF LABOR AND
INDUSTRY.
(C) A PERSON MAY NOT DO GARMENT MANUFACTURING INDUSTRIAL
HOMEWORK FOR A GARMENT MANUFACTURING EMPLOYER UNLESS THE PERSON
HOLDS AN INDUSTRIAL HOMEWORK PERMIT FROM THE COMMISSIONER OF
LABOR AND INDUSTRY.
(D) (1) THE COMMISSIONER OF LABOR AND INDUSTRY MAY NOT
ISSUE AN INDUSTRIAL HOMEWORK PERMIT TO A PERSON TO DO GARMENT
MANUFACTURING INDUSTRIAL HOMEWORK FOR A GARMENT MANUFACTURING
EMPLOYER UNLESS THERE IS A SHOWING THAT UNDUE HARDSHIP, UNDER
PARAGRAPH (2) OF THIS SECTION, WOULD RESULT IF THE PERSON IS NOT
PERMITTED TO DO AT-HOME WORK.
(2) TO CONFIRM THE EXISTENCE OF UNDUE HARDSHIP, THE
COMMISSIONER OF LABOR AND INDUSTRY SHALL DETERMINE, AMONG OTHER
THINGS:
(I) THAT THE PERSON WHO WISHES TO DO INDUSTRIAL
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