N.Y. Labor Law 345-A – Liability of manufacturers and contractors
§ 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.
Terms Used In N.Y. Labor Law 345-A
- Contract: A legal written agreement that becomes binding when signed.
- 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. See N.Y. Labor Law 340
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.