U.S. Department of Labor - Wage and Hour Division = (WHD) - Instructions for Form WH-4: H-1B Nonimmigrant = Information

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Wage and Hour Division (WHD)

INSTRUCTIONS For FORM WH-2 (Application for = Special=20 Industrial Homeworker Certificate) and FORM WH-46 (Application for = Certificate=20 to Employ Homeworkers)

Under Section 11(d) of the Fair Labor Standards Act (FLSA), 29 U.S.C. = =A7=20 211(d), the Secretary of Labor is "authorized to make such regulations = and=20 orders regulating, restricting, or prohibiting industrial homework as = are=20 necessary or appropriate to prevent the circumvention or evasion of and = to=20 safeguard the minimum wage rate prescribe in this Act=85." The = regulations=20 regarding the employment of homeworkers may be found in 29 C.F.R. Part = 530.

Industrial homework, as defined by the regulations, means the = production by=20 any person in or about a home, apartment, tenement, or room in a = residential=20 establishment of goods for an employer who suffers or permits such = production,=20 regardless of the source (whether obtained from an employer or = elsewhere) of the=20 material used by the homeworker in such production. 29 C.F.R. =A7 = 516.31(a)(2). An=20 industrial homeworker is any employee employed or suffered or permitted = to=20 perform industrial homework for an employer. 29 C.F.R. = =A7 516.31(a)(1).

Regulations, 29 C.F.R. Part 530, require that employers obtain = certificates=20 from the U. S. Department of Labor's Wage and Hour Division authorizing = the=20 employment of homeworkers in certain restricted industries before the = employment=20 may commence. 29 C.F.R. =A7 530.1-.2. The seven restricted industries = which are=20 listed and defined in the regulations are:

Women's Apparel Industry		Jewelry Manufacturing Industry
Knitted Outerwear Industry		Gloves and Mittens Industry
Handkerchief Manufacturing Industry		Embroideries Industry
Button and Buckle Manufacturing Industry

Two different types of certificates are issued by the Wage and Hour = Division=20 - an individual industrial homeworker certificate which authorizes a = specific=20 individual to perform homework in a restricted industry because of = certain=20 circumstances impacting that employee's ability to work outside the home = (i.e.,=20 use Form WH-2); and an employer homeworker certificate that authorizes = an=20 employer to employ homeworkers in a particular restricted industry, = except=20 women's apparel. No employer homeworker certificates may be issued for = the=20 women's apparel industry (i.e., use Form WH-46).

WH-2
OMB = Control=20 No.: 1215-0005 Exp. Date: 01/31/2011
Persons are not = required to=20 respond to the request for information unless it displays a currently = valid OMB=20 Control Number.

The WH-2 is the application to use = when=20 requesting permission to employ an individual industrial homeworker in = one of=20 the seven restricted industries who is unable to work in a factory = setting=20 because (a) he or she is unable to adjust to such work because of age, = or=20 physical or mental disability; (b) he or she is unable to leave home = because his=20 or her presence is required to care for an invalid in the home, or (c) = he or she=20 will be engaged in industrial homework under the supervision of a State=20 Vocational Rehabilitation Agency. The WH-2 includes a block in which the = (potential) homeworker is to explain fully why he or she is unable to = work in a=20 factory setting. Another portion of the form requires medical = confirmation of=20 the need for the individual to work at home. Please note that the form = requires=20 the signatures of the employee, the employer, and a physician.

WH-46 =
OMB=20 Control No.: 1235-0019 Exp. Date: 10/31/2012
Persons are = not=20 required to respond to the request for information unless it displays a=20 currently valid OMB Control Number.

The WH-46 is = the=20 application an employer submits when seeking to obtain authority to = employ=20 multiple industrial homeworkers in a restricted industry (other than = women's=20 apparel). The form requires the employer to list the names and addresses = of the=20 individuals to be employed as homeworkers. In addition, if the language = of the=20 homeworker is other than English, the employer must indicate the = language=20 spoken.

All homeworker certificate applications are processed at a single = location.=20 Completed applications shall be submitted to the following address:

U.S. Department of Labor
Wage and Hour = Division
Attention:=20 Homeworker Certification
230 S. Dearborn Street
Room 514=20
Chicago, IL 60604-1757
Telephone: (312) 596-7195=20

You may contact that office at 1-866-4-USWAGE (1-866-487-9243) with = questions=20 regarding the employment of homeworkers in restricted industries and the = application and certification processes.

All homeworkers subject to the provisions of the FLSA must be paid in = compliance with the minimum wage and overtime provisions of the Act. In=20 addition, records must be maintained in accordance with section 11(c) of = the=20 FLSA and Regulations, 29 CFR Part 516. All homeworkers must complete a=20 homeworker handbook in accordance with Regulations, Part 516.31 and = shall be=20 instructed to accurately record all hours worked, piece work = information, and=20 business related expenses in the handbook. Homeworker Handbooks (Form WH-75) are=20 available in several different languages from the Wage and Hour = Division.=20 Homeworker Handbooks are cleared by OMB under control number 1215-0013,=20 expiration date 10-31-2009. Persons = are not=20 required to respond to the request for information unless it displays a=20 currently valid OMB Control Number.

Note: In order to view, fill out, and print PDF = forms, you=20 need Adobe=AE Acrobat=AE Reader=AE version 5 or later, which you may = download for free=20 at http://www.dol.gov/cgi-bin/leave-dol.asp?exitURL=3Dhttp://w= ww.adobe.com/products/acrobat/readstep2.html&exitTitle=3DAdobe%20Syst= ems%20Incorporated.=20 To save the completed forms on your workstation, you need to use the = "Save..As"=20 method to save the file.
For example, move your mouse curser over = the PDF=20 link and click on your "RIGHT" mouse button. This will cause a menu to = be=20 displayed, from which you will select the proper save option -- = depending upon=20 which browser you are using:

For Microsoft IE users, select "Save Target As"=20
For Netscape Navigator users, select "Save Link As"

Once you've selected the proper save option for your browser, and = have saved=20 the file to a location you specified, go to your program menu and start = the=20 Adobe Acrobat=AE Reader. Once open, locate the PDF file you saved and = open it=20 directly in Acrobat=AE.

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