WVC 21 -
CHAPTER 21. LABOR.
WVC 21 - 7 -
ARTICLE 7. INDUSTRIAL HOMEWORK.
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§21-7-1. Purpose of article.
The provisions of this article are designated to protect the
health and welfare of the people of the state, and are in
necessary exercise of the state's police power.
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For the purposes of this article:
"Employer" means any person who, directly or indirectly, or
through an employee, agent, independent contractor or any other
person, delivers to another person any materials or articles to
be manufactured in a home, not for the personal use of himself or
a member of his family; but shall not include the several
departments, agencies and institutions of the state of West
Virginia, nor any of its political subdivisions.
"Home" means any room, house, apartment, or other premises,
whichever is the most extensive, used in whole or in part as a
place of dwelling.
"Industrial homework" means any manufacture, in the home, of
materials or articles for an employer.
"Commissioner" means the state commissioner of labor.
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§21-7-3. Prohibited industrial homework.
The manufacture, or delivery for manufacture, of any of the
following by industrial homework shall be unlawful and no permit
or certificate issued under this article shall be deemed to
authorize such manufacture or delivery:
(2) Drugs and poisons;
(3) Bandages and other sanitary goods;
(4) Explosives, fireworks, and articles of like character;
(5) Any other articles, the manufacture of which, in
industrial homework, is in violation of this article or of any
other labor law or of any health law of the state.
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§21-7-4. Investigations by commissioner.
To carry out the purposes of this article, the commissioner
shall have the power to make investigations into all phases of
industrial homework in this state, including the investigation of
any industry which employs industrial homeworkers.
No person shall interfere with or obstruct the commissioner
or his authorized representatives in the carrying out of any
investigation under this section.
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§21-7-5. Enforcement by commissioner.
Whenever, after investigation, or on the basis of other
information in his possession, the commissioner finds that a
person has violated any provision of section three, he shall take
appropriate action to bring about the enforcement of such
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§21-7-6. Employer's permit; fee.
No employer shall deliver or cause to be delivered to a
person in this state any materials for manufacture by industrial
homework unless and until such employer has obtained an
employer's permit from the commissioner. Application for such
permit shall be in the form prescribed by the commissioner.
An employer's permit shall be issued only after payment by
the employer of a fee of fifty dollars, and shall be valid for a
period of one year from its date of issuance unless sooner
revoked or suspended pursuant to section ten. All fees collected
under this section shall be paid forthwith into the state
treasury to the credit of the general fund.
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§21-7-7. Employer not to deliver material for industrial homework
unless worker has certificate; labels.
No employer shall deliver or cause to be delivered, in this
state, any materials for manufacture by industrial homework
unless the person to be engaged in such manufacture is in
possession of a valid homeworker's certificate issued in
accordance with this article.
No employer shall deliver or cause to be delivered to any
person any materials for manufacture by industrial homework
unless there has been conspicuously affixed to each article, or,
if this is not practicable, to the package or other container in
which such materials are delivered, a label or other mark of
identification bearing the employer's name and address printed or
written legibly in English.
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§21-7-8. Homeworker's certificate.
No person shall engage in industrial homework in this state
unless and until he has obtained a homeworker's certificate from
the commissioner. Application for such certificate shall be made
in the form prescribed by the commissioner.
A homeworker's certificate shall be issued free of charge,
and shall be valid for a period of one year from its date of
issuance unless sooner revoked or suspended pursuant to section
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§21-7-9. Seizure of unlawfully manufactured articles.
Any article which is being, or is to be, manufactured in a
home in violation of any provision of this article may be removed
by the commissioner and retained by him. The commissioner shall,
by registered mail, notify the employer of such removal and
retention. Unless the articles so removed and retained are
claimed within thirty days after the notification, they may be
destroyed or otherwise disposed of.
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§21-7-10. Revocation or suspension of permits and certificates;
powers of commissioner.
The commissioner is authorized to revoke or suspend any
employer's permit or homeworker's certificate for the violation
of a provision of this article.
The commissioner is further authorized to prescribe the form
of application for employers' permits and homeworkers'
certificates, and to prescribe the form of and to issue such
permits and certificates; and to do all other acts required of
him under the provisions of this article.
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A person who violates any provision of this article shall be
guilty of a misdemeanor, and upon conviction of such violation
shall be fined not less than five nor more than fifty dollars and
confined in jail not more than thirty days, or by both such fine
and imprisonment in the discretion of the court.