§ 351. Powers of the industrial commissioner and exceptions. 1. The industrial commissioner shall, after proper study and consideration, determine within what industries conditions may permit of industrial homework as hereinbefore defined without unduly jeopardizing the factory workers in such industries as to both wages and working conditions and without unduly injuring the health and welfare of the industrial homeworker himself. The commissioner may then restrict the granting of permits and licenses for industrial homework as herein defined to such industries and may further issue rules and regulations designed to control and regulate industrial homework in the said permitted industries. In all other industries industrial homework is forbidden unless expressly permitted in writing by the industrial commissioner.

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Terms Used In N.Y. Labor Law 351

  • Home: means a room or an apartment in any house. See N.Y. Labor Law 350
  • Industrial homework: means the manufacturing in a home, in whole or in part, with or of material which has been furnished by an employer, of any article or articles to be returned to the said employer, or to be delivered, mailed, or shipped to others. See N.Y. Labor Law 350
  • Industrial homeworker: means any person who manufactures in a home, in whole or in part, with or out of material furnished by an employer for industrial homework, any article or articles to be returned to such employer directly or indirectly, or to be delivered, mailed or shipped to others. See N.Y. Labor Law 350

2. a. Exception to this article shall be made by the industrial commissioner in respect of clerical work done in a home. "Clerical work" shall mean typing, stenciling, transcribing, copying, bookkeeping and stenographic work. Clerical work shall not mean inserting, collating, labeling, nesting, sorting, stamping or similar work.

b. Exception to this article may be made by the industrial commissioner in respect of such other provisions consonant with the general purpose of this article as the commissioner may on study determine to be warranted by conditions.