Judge Cancels Ban on Apparel Home Work, in Blow to Labor

In a defeat for organized labor, a federal judge ruled Thursday in favor of a Labor Department regulation that allows working at home in five apparel-related industries.

The ruling by U.S. District Judge Gerhard A. Gesell rescinds a ban on home work in the five industries. He said that the regulation represents a “reasoned” approach, requiring firms seeking to institute home work to come forward and seek certification from the government. They also would be subjected to monitoring by department inspectors.

The International Ladies Garment Workers’ union and two other unions sued the secretary of labor last January, saying that tens of thousands of workers, mostly immigrant women, would be exploited by the rule and that the working standards of other workers would be threatened.

The five industries affected by the department rule are those making gloves and mittens, handkerchiefs, buttons and buckles, some types of jewelry and embroideries. The department held several public hearings the past year on its proposed rule but it has yet to issue a final version.

Gesell said that the concerns of labor unions about workers being exploited by home work “are no doubt valid.”

A ban on home work in seven industries--including the five affected by the department rule--was adopted by the Labor Department in the early 1940s. Home workers in those industries are normally paid by piece rate rather than hourly wages.

“The evidence is strong that the conditions present in the 1940s regarding the exploitation of home workers have not disappeared,” Gesell said.

But the judge said the “sole issue” before the court is whether the Labor Department “provided a reasoned basis” for concluding that a certification system is a better means of enforcing federal labor law than a total home work ban.

He said the department formulated the rule after nearly a decade of analysis.

“The AFL-CIO is deeply disappointed” by the court decision, said Lorrie McHugh, a spokeswoman for the 14.1-million-member labor federation. “Removing the ban on home work opens up new doors to exploitation of workers, doors that were closed over 40 years ago because abuse ran rampant.”

The labor unions contend the rule contains inadequate safeguards to prevent violations of laws governing minimum wage, child labor, maximum work hours, workplace safety and other issues.