Section 344

homepage-img2

flag United States

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.

Notes

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.

Text

§ 345-a. Liability of manufacturers and contractors.

  1.  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.
  2.  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.