Source: 53 FR 45722, Nov. 10, 1988, unless otherwise noted.
(a) Except as provided in subpart C, a certificate may be issued to
an employer authorizing the employment of homeworkers in
(1) The knitted outerwear, gloves and mittens, and embroideries
industries as defined in paragraphs (g), (h), and (k), respectively, at
Sec. 530.1, effective January 9, 1989;
(2) In the button and buckle and handkerchief manufacturing
industries as defined in paragraphs (i) and (j), respectively, of
Sec. 530.1, effective July 9, 1989; and
(3) In the jewelry industry as defined in paragraph (f) of
Sec. 530.1, effective July 9, 1989, but only where the employer's
homeworkers are engaged exclusively in the stringing of beads and other
jewelry and the carding and packaging of jewelry. The terms ``carding
and packaging of jewelry'' include the attaching of jewelry to cards,
boxing and wrapping, and the use of common household glues available to
the general public, but do not include potentially hazardous operations
such as the use of industrial glues, epoxies, soldering irons, or
heating elements.
(b) This certificate may be issued irrespective of whether
individual homeworkers meet the conditions set forth in paragraph (a) of
Sec. 530.4 of Subpart A. Unless suspended or revoked, such certificates
are valid for two-year periods. Applications for renewals must be
submitted no later than thirty (30) days prior to the expiration date of
the current certificate. Except as provided in subpart A, in the absence
of a certificate, the employment of homeworkers in these industries is
prohibited, and an employer violating this prohibition is subject to all
the sanctions provided in the Fair Labor Standards Act and in this part,
including an injunction restraining the employment of homeworkers.
(c) Certificates authorizing such employment may be issued on the
following terms and conditions upon written application to the
Administrator, Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210.