(a) The meaning of the terms person, employ, employer, employee,
goods, and production, as used in this part, is the same as in the Fair
Labor Standards Act of 1938, as amended.
(b) Administrator as used in this part means the Administrator of
the Wage and Hour Division, Employment Standards Administration, U.S.
Department of Labor, or an authorized representative of the
Administrator.
(c) Industrial homeworker and homeworker, as used in this part, mean
any employee employed or suffered or permitted to perform industrial
homework for an employer.
(d) Industrial homework, as used in this part, 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.
(e) The women's apparel industry is defined as follows: The
production of women's, misses' and juniors' dresses, washable service
garments, blouses, and neckwear from woven or purchased knit fabric;
women's, misses', children's and infants' underwear, nightwear, and
negligees from woven fabrics; corsets and other body supporting garments
from any material; other garments similar to the foregoing; and infants;
and children's outerwear.
(f) The jewelry manufacturing industry is defined as follows:
(1)(i) The manufacturing, processing, or assembling, wholly or
partially from any material, of jewelry, commonly or commercially so
known. Jewelry as used herein includes without limitation, religious,
school, college, and fraternal insignia; articles of ornament or
adornment designed to be worn on apparel or carried on or about the
person, including, without limitation, cigar and cigarette cases,
holders, and lighters; watch cases; metal mesh bags and metal watch
bracelets; and chain, mesh, and parts for use in the manufacture of any
of the articles included in this definition. Jewelry as used in this
part does not include pocket knives, cigar cutters, badges, emblems,
military and naval insignia, belt buckles, and handbag and pocketbook
frames and clasps, or commercial compacts and vanity cases, except when
made from or embellished with precious metals or precious, semiprecious,
synthetic or imitation stones, or the assaying, refining, and smelting
of base or precious metals.
(ii) The term parts as used in paragraph (e)(1)(i) of this section
does not include parts which are used predominantly for products other
than jewelry, such as springs, blades, and nail files. The term
commercial compacts and vanity cases as used means compacts and vanity
cases which bear the trade name or mark of a cosmetic manufacturer and
are made for the purpose of distributing or advertising said cosmetics.
(2) The manufacturing, cutting, polishing, encrusting, engraving,
and setting of precious, semiprecious, synthetic, and imitation stones.
(3) The manufacturing, drilling, and stringing of pearls, imitation
pearls, and beads designed for use in the manufacture of jewelry.
(4) The term hand-fashioned jewelry as used in Sec. 530.12(b) means
articles of jewelry commonly known as genuine Navajo, Pueblo, Hopi, or
Zuni handmade jewelry which in all elements of design, fashioning and
ornamentation are handmade by methods and with the help of only such
devices as permit the maker to determine the shape and design of each
individual product: Provided, That silver used in the making of such
jewelry shall be of at least nine hundred fineness, and that turquoise
and other stones used shall be genuine stones, uncolored and untreated
by artificial means: And provided further, That power machinery is
permitted in the production of findings, in the cutting and polishing of
stones, in the buffing and polishing of completed products, and in
incidental functions. Equipment specifically prohibited shall include
hand presses, foot presses, drop hammers, and similar equipment: And
provided further, That solder may be of less silver content than nine
hundred; And provided further, That findings may be mechanically made of
any metal by Indians or others: And provided further, That turquoise and
other stones may be cut and polished by Indians or others without
restrictions as to methods or equipment used.
(g) The knitted outerwear industry is defined as follows: The
knitting from any yarn or mixture of yarns and the further
manufacturing, dyeing or other finishing of knitted garments, knitted
garment sections, or knitted garment accessories for use as external
apparel or covering which are partially or completely manufactured in
the same establishment as that where the knitting process is performed;
and the manufacture of bathing suits from any purchased fabric:
Provided, That the manufacturing, dyeing or other finishing of the
following shall not be included:
(1) Knitted fabric, as distinguished from garment sections or
garments, for sale as such.
(2) Fulled suitings, coatings, topcoatings, and overcoatings.
(3) Garments or garment accessories made from purchased fabric,
except bathing suits.
(4) Gloves or mittens.
(5) Hosiery.
(6) Knitted garments or garment accessories for use as underwear,
sleeping wear, or negligees.
(7) Fleece-lined garments made from knitted fabric containing cotton
only or containing any mixture of cotton and not more than 25 percent,
by weight, of wool or animal fiber other than silk.
(8) Knitted shirts of cotton or any synthetic fiber or any mixture
of such
fibers which have been knit on machinery of 10-cut or fine: Provided,
That this exception shall not be construed to exclude from the knitted
outerwear industry and the manufacturing, dyeing, or other finishing of
knitted shirts made in the same establishment as that where the knitting
process is performed, if such shirts are made wholly or in part of
fibers other than those specified in this clause, or if such shirts of
any fiber are knit on machinery coarser than 10-cut.
(h) The gloves and mittens industry is defined as follows: The
production of gloves and mittens from any material or combination of
materials, except athletic gloves and mittens.
(i) The button and buckle manufacturing industry is defined as
follows: The manufacture of buttons, buckles, and slides, and the
manufacture of blanks and parts for such articles from any material
except metal, for use on apparel.
(j) The handkerchief manufacturing industry is defined as follows:
The manufacture of men's, women's and children's handkerchiefs, plain or
ornamented, from any materials.
(k) The embroideries industry is defined as follows: The production
of all kinds of hand and machine-made embroideries and ornamental
stitchings, including but not by way of limitation, tucking shirring,
smocking, hemstitching, hand rolling, fagoting, Bonnez embroidery,
appliqueing, crochet beading, hand drawing, machine drawing, rhinestone
trimming, sequin trimming, spangle trimming, eyelets, passementerie,
pleating, the application of rhinestones and nailheads, stamping and
perforating of designs, Schifli embroidery and laces, burnt-out laces
and velvets, Swiss handmachine embroidery, thread splitting, embroidery
thread cutting, scallop cutting, lace cutting, lace making-up, making-up
of embroidered yard goods, straight cutting of embroidery and cutting
out of embroidery, embroidery trimmings, bindings (not made in textile
establishments), pipings and emblems: Provided, That (1) the foregoing
when produced or performed by a manufacturer of a garment, fabric or
other article for use on such garment, fabric or other article, and (2)
the manufacture of covered buttons and buckles, shall not be included.
(l) As used throughout this part the terms ``Secretary'' or
``Secretary of Labor'' shall mean the Secretary of Labor, U.S.
Department of Labor, or his or her designee.
[24 FR 729, Feb. 3, 1959, as amended at 46 FR 50349, Oct. 9, 1981; 49 FR
22036, May 24, 1984; 53 FR 45722, Nov. 10, 1988; 61 FR 19986, May 3,
1996]
