43 Pa. Stat. § 491-3

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 491-3 - Definitions

The following words, terms and phrases, when used in this act, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

(a)"Contractor." Any person who for the account or benefit of an employer, representative contractor or other person, distributes to a home-worker, or any other person, not recruited or engaged by such employer, representative contractor, or other person, articles or materials to be manufactured in a home, and thereafter to be returned to him or otherwise disposed of in accordance with his directions.
(b)"Department." The Department of Labor and Industry of this Commonwealth.
(c)"Employer." Any person who for his own account or benefit, directly or indirectly, or through an employe, agent, independent contractor, or any other person,
(1) Delivers, or causes to be delivered to another person, any articles or materials to be manufactured in a home and thereafter to be returned to him, not for the personal use of himself or of a member of his family, or thereafter to be disposed of otherwise in accordance with his directions, or
(2) Sells to another person, any materials or articles for the purpose of having such articles or materials manufactured in a home and of then rebuying such materials or articles after such manufacture, either by himself, or by someone designated by him.
(c.1)"Family." The spouse and children of a home-worker, and the mother, father, grandmother, and grandfather of a home-worker and his spouse.
(d)"Home." Any room, house, apartment, or other premises, whichever is most extensively used, in whole or in part, as a place of dwelling, and including outbuildings upon premises that are primarily used as a place of dwelling, where such outbuildings are under the control of the person dwelling on such premises.
(e)"Home-worker." Any person engaged in manufacturing in a home, articles or materials for an employer, a representative contractor, or a contractor.
(f)"Industrial Homework." Any manufacture in a home of articles, or materials for an employer, a representative contractor, or a contractor.
(g)"Manufacture." To prepare, alter, repair, finish, or process, in whole or in part, or handle in any way connected with the production, wrapping, packaging, or preparation for display of an article or materials.
(h)"Person." An individual, partnership, firm, association, domestic or foreign corporation, the legal representatives of a deceased individual, or the receiver, trustee, or successor of an individual, partnership, association, or corporation.
(i)"Representative Contractor." Any person who receives from an employer, or contractor not within the State, articles or materials to be distributed by him to any home-worker, or other person, not recruited or engaged by such employer or contractor, to be manufactured in a home, and thereafter to be returned to him, or otherwise disposed of, in accordance with his directions.

The singular shall include the plural, and the masculine shall include the feminine and neuter.

43 P.S. § 491-3

1937, May 18, P.L. 665, § 3. Amended 1976, Nov. 24, P.L. 1196, No. 263, § 1.