N.Y. Labor Law Section 340
Special task force for the apparel industry


Definitions. As used in this article, the following terms shall have the following meanings:

(a)

“Commissioner” shall mean the commissioner of labor;

(b)

“Department” shall mean the department of labor;

(c)

“Apparel industry” shall mean the making, cutting, sewing, finishing, assembling, pressing or otherwise producing, by any of the foregoing apparel industry services, any men’s, women’s, children’s or infants’ apparel, or a section or component of apparel, designed or intended to be worn by any individual which is to be sold or offered for sale, provided, however, that the apparel industry shall not include cleaning or tailoring after the apparel has been sold at retail;

(d)

“Manufacturer” shall mean any person who (i) in fulfillment or anticipation of a wholesale purchase contract, contracts with a contractor to perform in New York state the cutting, sewing, finishing, assembling, pressing or otherwise producing any men’s, women’s, children’s or infants’ apparel, or a section or component of apparel, designed or intended to be worn by any individual which, pursuant to such contract, is to be sold or offered for sale to a retailer or other entity, or

(ii)

cuts, sews, finishes, assembles, presses or otherwise produces in New York state any men’s, women’s, children’s or infants’ apparel, or a section or component, designed or intended to be worn by any individual which is to be sold or offered for sale; provided, however, that “manufacturer” shall not mean a production employee employed for wages who does not employ others;

(e)

“Contractor” shall mean any person who, in fulfillment of a contract with a manufacturer, performs in New York state the cutting, sewing, finishing, assembling, pressing or otherwise producing any men’s, women’s, children’s or infants’ apparel, or a section or component of apparel, designed or intended to be worn by any individual which is to be sold or offered for sale. “Contractor” shall include, but not be limited to, a subcontractor, jobber, or wholesaler, but shall not include a production employee who is employed for wages but does not employ others;

(f)

“Production employees” shall mean persons who are employed by a contractor or a manufacturer directly to perform the cutting, sewing, finishing, assembling, pressing or otherwise producing of any men’s, women’s, children’s or infants’ apparel, or a section or component of apparel, designed or intended to be worn by any individual which is to be sold or offered for sale;

(g)

“Special task force” shall mean the special task force on the apparel industry within the department; and

(h)

“Labor law” shall mean the labor law of New York state.

(i)

“Retailer” shall mean any mercantile enterprise which sells to consumers or offers to sell to consumers any men’s, women’s, children’s or infants’ apparel, or a section or component of apparel, designed or intended to be worn by any individual consumer.

Source: Section 340 — Special task force for the apparel industry, https://www.­nysenate.­gov/legislation/laws/LAB/340 (updated Sep. 22, 2014; accessed Jun. 15, 2024).

Accessed:
Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 340’s source at nysenate​.gov

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