Corporate criminal liability Group or joint liability
This section creates liability for manufacturers and contractors who contract with other manufacturers or contractors for the production of apparel, and knew or should have known that the goods were produced in breach of minimum wage requirements. It also creates liability for retailers and manufacturers who ship, deliver or sell apparel made in breach of the law, though retailers will not be held liable if they have not been given prior notice from the Commissioner.
Under §344(10(c) a Court may stop the shipping, delivery or sale of apparel made in breach of wage requirements, in order to force the payment of due wages.
§ 345-a. Liability of manufacturers and contractors.
- A manufacturer or contractor who contracts or subcontracts with another manufacturer or contractor for the performance of any apparel industry service within the meaning of subdivision (c) of section three hundred forty of this article and who knew or should have known with the exercise of reasonable care or diligence of such other manufacturer’s or contractor’s failure to comply with article six or nineteen of this chapter in the performance of such service shall be liable for such failure.
- For the purposes of this section, the exercise of reasonable care or diligence by a manufacturer or contractor shall be presumed if, prior to the execution of such contract or subcontract, and annually thereafter, such manufacturer or contractor receives from the department written assurance of compliance with section three hundred forty-one of this article.
Law / United States / New York Labour Law
The New York Labour Law, which provides the core labour legislation for New York State, also includes in Article 12-A special regulatory measures for the apparel industry in response to the problem of sweatshops in New York. The law requires apparel manufacturers to be registered and establishes the Apparel Industry Task Force (AITF) with powers to inspect records and premises of garment industry manufacturers and contractors in New York State.