Homeworkers are presumed to be employees, not independent contractors. As employees, they will be entitled to minimum wage, overtime, unemployment insurance, etc.
New York law regulates, the use of homeworkers by employers in certain circumstances (NY Rules and Regulations Tit. 12 Sec. 160et seq.).
"Industrial homework" is defined as manufacturing in whole or part in a home with material furnished by an employer, of articles that will be returned to the employer or delivered or shipped to others.A “home” is defined as a room or an apartment in a house in which one or more persons regularly sleep and includes outbuildings on the premises of a house.
Homework is prohibited in all industries unless expressly permitted in writing by the commissioner of labor. An individual may not do industrial homework except in a home in which he or she resides. Children may not be employed in industrial homework.
The maximum amount of work that may be given to a homeworker cannot exceed the average amount produced by employees working on similar operations in the employer’s industrial ...