New Jersey § 34:6-136

§ 34:6-136.

Whenever used in this act. (a) “ Person ” means any individual; firm; partnership, or the officers or agents thereof; domestic

corporation or foreign corporation, or the officers or agents of such domestic or

foreign corporation; company, association or society, or the officers or agents thereof;

the legal representatives of a deceased individual; the receiver, trustee or successor

of an individual, firm, partnership, domestic corporation or foreign corporation,

company, association, or society. (b) “To manufacture” includes to prepare, alter, repair, finish or process in whole

or in part, or handle in any way connected with the production, wrapping, packaging

or preparation for display of an article or materials. (c) “ Home ” means any room, house, apartment or other premises, whichever is most extensive,

used in whole or in part as a place of dwelling; and includes outbuildings upon premises

that are primarily used as a place of dwelling, where such outbuildings are under

the control of the persons dwelling on such premises. (d) “ Employer ” means any person, including any independent contractor, who, directly or indirectly

or through an employee, agent, independent contractor, subcontractor, or any other

person, (1) in any way distributes or delivers or causes to be distributed or delivered to

another person any articles or materials to be manufactured within this State in a

home, and thereafter to be returned to him, not for the personal use of himself or

of a member of his family, or thereafter to be disposed of otherwise in accordance

with his direction; or (2) sells or causes to be sold to another person any articles or materials for the

purpose of having such materials or articles manufactured within this State in a home

and of then rebuying such materials or articles, after such manufacture, either by

himself, or by someone designated by him. (e) “Industrial homework” means any manufacture, in a home, of materials or articles

for an employer, but shall not be construed to mean or include any manufacture performed

for an employer by any person employed by him at the place of manufacture, where such

place is used for manufacturing only, and who does not dwell in the building where

the manufacture is performed, even though persons may dwell in other parts of such

building; provided, however, that where persons dwell in such building, the living

quarters shall be entirely separate and independent from the part of the building

where the manufacture is performed and have independent entrances separated by open

air. A place of manufacture shall not be construed to be a cellar or basement of a house

or an outbuilding. (f) “ Home worker ” means any person engaged in manufacturing, in a home, materials or articles for

an employer. (g) “ Industry ” shall mean any trade, business, industry, or any portion or branch thereof, or groups

of industries. (h) “ Commissioner ” means the Commissioner of Labor 1 of the State of New Jersey or any of his authorized representatives. (i) “ Tenement ” means any house or building or portion thereof which is rented, leased, let or hired

out to be occupied or is occupied as the home or residence of three families or more,

living independently of each other and doing their cooking upon the premises. (j) Words used in the singular shall include the plural and the plural the singular. 1

Transfer of functions, powers and duties of Department of Labor and Commissioner of

Labor to Department of Labor and Industry, see N.J.S.A. § 34:1A-6. Change of name

of Department of Labor and Industry to Department of Labor, see N.J.S.A. § 34:1A-1.1.

Change of name of Department of Labor to Department of Labor and Workforce Development,

see N.J.S.A. § 34:1A-1.2.