(a) Upon application by the homeworker and the employer on forms provided by the Wage and Hour Division, certificates may be issued to the applicant employer authorizing the employment of a particular worker in industrial homework in a particular industry, provided that the application is in proper form and sets forth facts showing that the worker:
(1)(i) Is unable to adjust to factory work because of age or physical or mental disability; or
(ii) Is unable to leave home because the worker's presence is required to care for an invalid in the home; and
(2)(i) Was engaged in industrial homework in the particular industry for which the certificate is applied, as such industry is defined in § 530.1, prior to: (a) April 4, 1942, in the button and buckle manufacturing industry; (b) November 2, 1942, in the embroideries industry; (c) April 1, 1941, in the gloves and mittens industry; (d) October 7, 1942, in the handkerchief manufacturing industry; (e) July 1, 1941, in the jewelry manufacturing industry; or (f) March 5, 1942, in the women's apparel industry, except that if this requirement shall result in unusual hardship to the individual homeworker it shall not be applied; or
(ii) Is engaged in industrial homework under the supervision of a State Vocational Rehabilitation Agency.
(b) No homeworker shall perform industrial homework for more than one employer in the same industry, but homework employment in one industry shall not be a bar to the issuance of certificates for other industries.
(Information collection requirements contained in paragraph (a) were approved by the Office of Management and Budget under control number 1235-0001)
[24 FR 729, Feb. 3, 1959, as amended at 43 FR 28470, June 30, 1978; 46 FR 50349, Oct. 9, 1981; 49 FR 44270, Nov. 5, 1984; 53 FR 45722, Nov. 10, 1988; 82 FR 2228, Jan. 9, 2017]
authority: Sec. 11, 52 Stat. 1066 (
29 U.S.C. 211) as amended by sec. 9, 63 Stat. 910 (
29 U.S.C. 211(d)); Secretary's Order No. 01-2014 (Dec. 19, 2014), 79 FR 77527 (Dec. 24, 2014);
28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701, 129 Stat. 584
source: 24 FR 729, Feb. 3, 1959, unless otherwise noted.
cite as: 29 CFR 530.4