Section 340. Special task force for the apparel industry  


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  • Definitions. As
      used in this article, the  following  terms  shall  have  the  following
      meanings:
        (a) "Commissioner" shall mean the commissioner of labor;
        (b) "Department" shall mean the department of labor;
        (c)  "Apparel  industry"  shall  mean  the  making,  cutting,  sewing,
      finishing, assembling, pressing or otherwise producing, by  any  of  the
      foregoing  apparel  industry services, any men's, women's, children's or
      infants' apparel, or a section or  component  of  apparel,  designed  or
      intended to be worn by any individual which is to be sold or offered for
      sale,  provided,  however,  that  the apparel industry shall not include
      cleaning or tailoring after the apparel has been sold at retail;
        (d) "Manufacturer" shall mean any person who  (i)  in  fulfillment  or
      anticipation   of  a  wholesale  purchase  contract,  contracts  with  a
      contractor to perform in New York state the cutting, sewing,  finishing,
      assembling,   pressing   or  otherwise  producing  any  men's,  women's,
      children's or infants' apparel, or a section or  component  of  apparel,
      designed  or  intended  to  be worn by any individual which, pursuant to
      such contract, is to be sold or offered for sale to a retailer or  other
      entity,  or  (ii)  cuts, sews, finishes, assembles, presses or otherwise
      produces in New York state any men's, women's,  children's  or  infants'
      apparel,  or  a section or component, designed or intended to be worn by
      any individual which is to  be  sold  or  offered  for  sale;  provided,
      however,  that  "manufacturer"  shall  not  mean  a  production employee
      employed for wages who does not employ others;
        (e) "Contractor" shall mean  any  person  who,  in  fulfillment  of  a
      contract  with  a  manufacturer, performs in New York state the cutting,
      sewing, finishing,  assembling,  pressing  or  otherwise  producing  any
      men's,  women's,  children's  or  infants'  apparel,  or  a  section  or
      component of apparel, designed or intended to be worn by any  individual
      which is to be sold or offered for sale. "Contractor" shall include, but
      not be limited to, a subcontractor, jobber, or wholesaler, but shall not
      include  a  production  employee  who is employed for wages but does not
      employ others;
        (f) "Production employees" shall mean persons who are  employed  by  a
      contractor  or  a  manufacturer directly to perform the cutting, sewing,
      finishing, assembling, pressing or otherwise  producing  of  any  men's,
      women's,  children's  or  infants' apparel, or a section or component of
      apparel, designed or intended to be worn by any individual which  is  to
      be sold or offered for sale;
        (g)  "Special  task  force"  shall  mean the special task force on the
      apparel industry within the department; and
        (h) "Labor law" shall mean the labor law of New York state.
        (i) "Retailer" shall mean any mercantile  enterprise  which  sells  to
      consumers  or offers to sell to consumers any men's, women's, children's
      or infants' apparel, or a section or component of apparel,  designed  or
      intended to be worn by any individual consumer.