The Fair Labor Standards Act (FLSA) regulations require that employers obtain certificates from the Wage and Hour Division authorizing the employment of homeworkers in certain restricted industries before the employment may commence. The restricted industries are those that manufacture:
- Women’s appearel;
- Knitted outerwear;
- Gloves and mittens;
- Buttons and buckles;
- Handkerchiefs;
- Embroideries; and
- Jewelry.
There are two different types of certificates:
- An individual industrial homeworker certificate, which authorizes a specific individual to perform homework in a restricted industry because of certain circumstances impacting that employee's ability to work outside the home; or
- An employer homeworker certificate that authorizes an employer to employ homeworkers in a particular restricted industry, except women's apparel.
Employer homeworker certificates are not issued for the women's apparel industry.
Forms
- Instructions For Form WH-2 (Application for Special Industrial Homeworker Certificate) and Form WH-46 (Application for Certificate to Employ Homeworkers
- Homeworker Handbook (PDF)
Applicable Laws and Regulations
- Law: Fair Labor Standard Act
- Regulations: 29 C.F.R. Part 530