(a) Definitions. (1) Industrial homeworker and homeworker, as used
in this section, mean any employee employed or suffered or permitted to
perform industrial homework for an employer.
(2) Industrial homework, as used in this section, means the
production by any person in or about a home, apartment, tenement, or
room in a residential establishment of goods for an employer who suffers
or permits such production, regardless of the source (whether obtained
from an employer or elsewhere) of the materials used by the homeworker
in such production.
(3) The meaning of the terms person, employ, employer, employee,
goods, and production as used in this section is the same as in the Act.
(b) Items required. In addition to all of the records required by
Sec. 516.2, every employer of homeworkers shall maintain and preserve
payroll or other
records containing the following information and data with respect to
each and every industrial homeworker employed (excepting those
homeworkers to whom section 13(d) of the Act applies and those
homeworkers in Puerto Rico to whom part 545 of this chapter applies, or
in the Virgin Islands to whom part 695 of this chapter applies):
(1) With respect to each lot of work:
(i) Date on which work is given out to worker, or begun by worker,
and amount of such work given out or begun;
(ii) Date on which work is turned in by worker, and amount of such
work;
(iii) Kind of articles worked on and operations performed;
(iv) Piece rates paid;
(v) Hours worked on each lot of work turned in;
(vi) Wages paid for each lot of work turned in.
(2) With respect to any agent, distributor, or contractor: The name
and address of each such agent, distributor, or contractor through whom
homework is distributed or collected and the name and address of each
homeworker to whom homework is distributed or from whom it is collected
by each such agent, distributor, or contractor.
(c) Homeworker handbook. In addition to the information and data
required in paragraph (b) of this section, a separate handbook (to be
obtained by the employer from the Wage and Hour Division and supplied by
such employer to each worker) shall be kept for each homeworker. The
employer is required to insure that the hours worked and other
information required therein is entered by the homeworker when work is
performed and/or business-related expenses are incurred. This handbook
must remain in the possession of the homeworker except at the end of
each pay period when it is to be submitted to the employer for
transcription of the hours worked and other required information and for
computation of wages to be paid. The handbooks shall include a provision
for written verification by the employer attesting that the homeworker
was instructed to accurately record all of the required information
regarding such homeworker's employment, and that, to the best of his or
her knowledge and belief, the information was recorded accurately. Once
no space remains in the handbook for additional entries, or upon
termination of the homeworker's employment, the handbook shall be
returned to the employer. The employer shall then preserve this handbook
for at least two years and make it available for inspection by the Wage
and Hour Division on request.
[52 FR 24896, July 1, 1987, as amended at 53 FR 45726, Nov. 10, 1988]
