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law extends to mining business also. In Wisconsin it does not apply to contracts for labor by the week, month, or year (O. 4365; Wis. 1729; Minn. 2441). In Rhode Island 10 hours is considered a day's work, unless otherwise agreed, for labor performed in any manufacturing establishment and all mechanical labor (R. I. 198, 24). In Michigan 10 hours constitute a legal day's work, in the absence of special agreement or pay for overtime, in all factories, workshops, salt blocks, sawmills, logging or lumber camps, Jooms or drives, or other places used for mechanical, manufacturing, or other purposes, where men or women are employed” (Mich. 1885, 137, 1). In New Jersey 10 hours shall be considered a legal day's labor for menor women in all cotton, woolen, silk, paper, glass, and flax factories, and in manufactories of iron and brass (N. J. Rev. 1877, p. 485, 17). In Maryland there is a complicated law which in substance requires a special contract in case of male employees working more than 10 hours per day, with extra pay by the hour (Md. G. L. 100, 2). A local law of Maryland makes 10 hours per day a day's work in mines, in the absence of special contract, with extra pay (Md. L. L. 194). A similar law existed in Ohio as to railways, but was declared unconstitutional by the Ohio courts (O. 1890, p. 112, 1).
Railroads.-Ten hours is declared a day's work for all classes of steam-railroad employees in New York (G. L. 32, 1, 7), Ohio (1890, p.112, § 1), Michigan (1893, 177), and Minnesota (8 6965); and so as to street railways in New York (ib., $ 5), Massachusetts (1894, 508, 9), and Washington (1895, 100); or, as to street railways, 12 hours in Pennsylvania (Dig., p. 1829), Maryland (1898, 123, 793), California (Pol. C., 3246), South Carolina (1897, 294), Louisiana (1886, 95), and New Jersey (1887, 112); and such work must usually be performed within twelve consecutive hours, but extra pay is allowed for overtime.
1 The Ohio law is as follows (sec. 4365):
In all engagements to labor in any mechanical, manufacturing, or mining business, a day's work, when the contract is silent upon the subject, or where there is no express contract, shall consist of eight hours; and all agreements, contracts, or engagements in reference to such labor shall be so construed.
For example, in Minnesota (G. S., sec. 6965): No company operating a railroad over thirty (30) miles in length in whole or in part within this State shall permit or require any conductor or brakeman, engineer or fireman, or any trainman who has worked in his respective capacity for twenty consecutive hours, or twenty hours within any period of twenty-four consecutive hours, except in case of casualty, to again go on duty or perform any work until he has had at least eight hours' rest. On all lines of railroad operated in this State ten hours shall constitute a day's work, or any less number of hours which shall be agreed upon by such companies and persons, and every hour in excess of said ten hours' work that any conductor, engineer, fireman, brakeman or any trainman in employ of the company who works under the direction of a superior, or at the request of the company, shall be required or permitted to work, he shall be paid pro rata for such service in addition to his
diem wages. Provided, Nothing in this act shall be construed to hinder or limit a right of contract for services to be rendered on a compensation to be fixed by agreement, based upon the number of miles run by such employees as constituting a day's work.
SEC. 6966. Any company which violates or permits to be violated any of the provisions of the preceding section, or any officer, director, president or foreman, agent or employee who violates or permits to be violated any of the provisions of the preceding section, shall be guilty of a misdemeanor and shall be fined not less than twenty-five dollars nor more than one hundred dollars.
3 Thus, in Massachusetts:
A day's work for all conductors, drivers and motormen now employed or who may hereafter be employed by or on behalf of any street railway company in any city or Brickyards, stationary engines.-Ten hours is prescribed in New York for brickyards and in Montana 8 hours for stationary engines in such steam plants as are in continuous operation (N. Y. G. L. 32, 1, 6; Mont. 3370).
Some of the above statutes are ambiguous, and are possibly intended to forbid contracts for overtime; but as it is not clearly expressed on their face, they should be interpreted to permit such contracts on the general principle that statutes in derogation of the common law are to be construed strictly.
We now pass to the statutes which clearly prohibit contracts for overtime.
Factories.—In South Carolina and Georgia 11 hours per day or 66 hours per week is the legal limit on all cotton and woolen manufacturing establishments for all operatives except engineers, firemen, watchmen, mechanics, teamsters, yard employees, clerical force, provided that additional work not over 70 hours per annum, or in Georgia, 10 working days, is permitted to make up for lost time, etc., and contracts for a longer time are absolutely void, and their enforcement prohibited under
penalty of misdemeanor (S. C. 268; Ga. 1889, p. 163).* And it seems that in other manufacturing establishments, machine shops, etc., the legal time remains (for minors) from sunrise to sunset, taking out the usual mealtimes (Ga. Code, 1885).
Railways.— The Massachusetts, Pennsylvania, Maryland, South Carolina, and California statutes quoted above declare contracts for a longer time than is respectively permitted (see above) to be invalid, and the company so contracting is liable to a penalty. The constitutionality of such statutes, even when not applying only to corporations, can now probably be sustained under the recent decision of the United States Supreme Court on the Utah mining law.
town shall not exceed ten hours' work to be performed within twelve consecutive hours. No officer or agent of any street railway company shall exact from any of its said employees more than the said ten hours' work for a day's labor: Provided, however, That on all legal holidays, on days when the corporation is required to provide for more than the ordinary travel, and in case of accident or unavoidable delay, extra labor may be performed for extra compensation, and that nothing herein contained shall affect existing written contracts.
4 The Georgia law is as follows:
The hours of labor required of all persons employed in all cotton or woolen manufacturing establishments in this State, except engineers, firemen, watchmen, mechanics, teamsters, yard employees, clerical force, and all help that may be needed to clean up and make necessary repairs or changes in or of machinery, shall not exceed eleven hours per day, or the same may be regulated by employers, so that the number of hours shall not in the aggregate exceed sixty-six hours per week; Provided, That nothing herein contained shall be construed to prevent any of the aforesaid employees from working such time as may be necessary to make up lost time, not to exceed ten days, caused by accidents or other unavoidable circumstances.
All contracts made, or entered into, whereby a longer time for labor than is provided in the regoing section of this act, shall be required of said employees, hereinbefore described, shall be absolutely null and void, so far as the same relates to the enforcement of said contracts with said employees, any law, usage, or custom to the contrary notwithstanding.
Any cotton or woolen manufacturing establishments that shall make or enforce any contract in violation of the foregoing section with any person as an employee therein, shall be subject to a forfeiture of an amount not less than twenty and not more than five hundred dollars for each and every such violation.
Any person with whom said contract is made, or any person having knowledge thereof, shall be competent to institute suit against said cotton or woolen manufacturing establishments, under the rules prescribed for bringing suits in this State.
Several States have statutes providing that railroad employees may not be compelled to work more than a certain number of continuous hours without an 8-hour, 10-hour, or indeterminate period of rest. Thus, 13 hours without 10 hours' rest, except by reason of the trains being detained by casualty or other cause, in Georgia (Ga. 1891, p. 186); 13 hours without 8 hours' rest, except when the train is detained by reason of casualty or other cause, in Florida (Fla. 1893, 4199); 15 hours without 8 hours' rest, except in cases of detention caused by accident, in Ohio (O., 1892, p. 311); 18 hours, except in case of casualty, without 8 hours' rest (Colo., 1891, p. 284); 18 hours, at any time, during one day (Minn. 2242); 20 hours, except in case of casualty, without 8 hours' rest (Minn. 6965); 24 hours without 8 hours' rest (N. Y. G. L 32, 1, 7; Mich. 1893, 177, 1). (For example, see notes 2 and 5.)
Mines.--The Wyoming constitution and law limit labor in mines to 8 hours per day (Con., 19, 1; 1891, 83), and the Utah statute 6 (1896, 72) to the same effect as to both mines and smelters was recently upheld by the United States Supreme Court, wbile the similar Colorado statute (1899, 103) was declared unconstitutional by the State court. This time does not, in Wyoming, include the time consumed in going to and returning from work, but only 8 hours of actual labor; and overtime may be given when necessary for the protection of property or human life, provided proportionate increased pay is given. A new statute in Missouri limits labor to 8 hours in certain mines (Mo. 1899, p. 312).
Bakeries and confectionery establishments. The hours of labor are limited to 10 hours per day, 60 a week (N. Y. G. L. 32, 110; N. J. 1896,
5 Thus, in Michigan (1893, 177):
Sec. 1. No person, corporation, joint stock company or association of individuals owning or operating a line of railroad, in whole or in part, within this State, shall permit or require any conductor, engineer, fireman, brakeman or any train man who has worked in any capacity for twenty-four hours to again go on duty or perform any kind of work until he has had at least eight
hours rest. ŠEC. 2. Ten hours labor performed within twelve consecutive hours shall constitute a day's labor in the operation of all steam, surface and elevated railroads now owned and operated or hereafter owned and operated within this State: Provided, That this act shall not apply to regular scheduled trains when completed within a less number of hours: Provided further, That the provisions of this act shall not apply to extra hours of labor performed by any conductor, engineer, fireman, brakeman, or train man in cases of unavoidable accident or delay caused by such accident.
SEC. 3. Every hour in excess of ten hours labor performed in any one day by any conductor, engineer, fireman, brakeman or any train man of any railroad company, corporation, joint stock company or association of individuals or person owning or operating a railroad within this State, who works under the direction of a superior or at the request of such person, company, corporation, joint stock company or association of individuals and who shall be required or permitted to work shall be deemed one-tenth of a day's labor and such conductor, engineer, fireman, brakeman or train man shall receive pro rata compensation for said extra service in addition to his daily compensation.
SEC. 4. Any person, agent or employee of such person, railroad company, corporation, joint stock company or association of individuals violating the provisions of this act, shall be guilty of a misdemeanor.
6 The Utah law reads:
The period of employment of workingmen in all underground mines or workings shall be eight (8) hours per day, except in cases of emergency where life or property is in imminent danger.
The period of employment of workingmen in smelters and all other institutions for the reduction or refining of ores or metals shall be eight (8) hours per day, except in cases of emergency where life or property is in imminent danger. Any person, body corporate, agent, manager or employer who shall violate any
of the provisions of sections 1 and 2 of this act shall be deemed guilty of a misdemeanor. 181”), or to 6 days in the week (Pa. 1897, 95; Mo. 1899, p. 274), and minors under 18 can not, in Pennsylvania and Missouri, be employed between 9 p. m. and 5 a. m.
SEC. 5. HOURS OF WOMEN AND MINORS IN FACTORIES AND OTHER SPECIAL OCCUPATIONS.—This is the general way in which hours of labor are limited in the great majority of the States; the limitation of women's hours in factories practically resulting in similar laws for men. Nearly every Eastern State has now adopted factory.labor acts, applying usually to women under 21, or males under 16 or 18. The exceptions are Vermont, Iowa, Kansas, the extreme Western States (where as yet there are few factories), the District of Columbia, and the Southern States generally. Recommendation might well be made by the commission that all the States adopt factory-hour laws applying at least to minors under 16 or 18, though the exact age and time limit may properly be left to the discretion of the State legislatures, as conditions vary so markedly throughout the country.
Women of full age.-Fifteen States now limit the length of their labor, at least in factories or mechanical or industrial occupations,
7 Thus, in New Jersey:
SECTION 1. No employee shall be required, permitted or suffered to work in a biscuit, bread or cake bakery, or confectionery establishment more than sixty hours in any one week, or more than ten hours in any one day, unless for the purpose of making a shorter workday on the last day of the week, nor more hours in any one week than will make an average of ten hours per day for the whole number of days in which such person shall so work during such week; but it shall be lawful in cases of emergency for employers to permit any employee and for the latter to work an additional time not exceeding two hours per day, such extra work to be remunerated at the current rate of the weekly wages paid to such employee for his weekly work of sixty hours; no employee in any biscuit, bread or cake bakery shall be discharged by his employer for having made any truthful statement as a witness in a court or to the factory inspector or a deputy factory inspector, in pursuance of this act.
By the Maryland law (P. L. 100, 1-3):
SEC. 1. No corporation or manufacturing company engaged in manufacturing either cotton or woolen yarns, fabrics or domestics of any kind, incorporated under the laws of this state, and no officer, agent or servant of such named corporation or manufacturing company, and no person or firm, owning or operating such corporation or manufacturing company within the limits of this State, and no agent or servant of such firm or person, shall require, permit or suffer its, his or their employees in its, his or their service, or under his, its or their control, to work for more than ten hours during each or any day of twenty-four hours, for one full day's work, and shall make no contract or agreement with such employees, or any of them, providing that they or he shall work for more than ten hours for one day's work during each or any day of twenty-four hours, and said ten hours shall constitute one full day's work.
SEC. 2. Any such named corporation or manufacturing company within the limits of this State shall be allowed, under the provisions of this section, the privilege of working male employees, over the age of twenty-one years, over the limit of ten hours, for the express purpose only of making repairs and improvements, and getting fires made, steam up and the machinery ready for use in their works, which can not be done during the limits of the ten hours, the extra compensation for all such work to be settled between such corporation and manufacturing companies and the employees; Provided, That nothing in this article shall be so construed as to prohibit any employer from making a contract with his male employees, over the age of twenty-one years, to work by the hour for such time as may be agreed upon.
SEC. 3. If any such corporation or manufacturing company within the limits of this State, or any officer, agent or servant of such corporation or manufacturing company in this State, shall do any act in violation of any of the provisions of this article he or they shall be deemed to have been guilty of a misdemeanor, and shall, on conviction thereof in a court of competent jurisdiction, be fined not less than one hundred dollars for each and every offense so committed, together with the cost of such prosecution,
usually to 10 hours a day and 60 hours a week, but in Massachusetts 58 hours a week, and in New Jersey 55 hours a week, while in Pennsylvania it is 12 hours a day and 60 hours per week and in Wisconsin 8 hours per day. These States are New England (with the exception of Vermont), New York, New Jersey, Pennsylvania, Wisconsin, Nebraska, the Dakotas, Virginia, and Louisiana '(Mass. 1894, 508, 10, 11, and 57; Me. 1887, 139, 1; N. H. 180, 14; R. I. 198, 22; Conn. 1745; N. Y. 1899, 192; N. J. 1892, 92; Pa. 1897, 26, 1 ; Wis. 1728; Nebr. 1899, 107; S. Dak. Pen. C. 6931; N. Dak. 7666; Okla. 2550; Va. 1890, 193, 1; La. 1886, 43, 4. For South Carolina and Georgia see $ 4, note 4. The Illinois law was declared unconstitutional).
1 The laws in full are as follows: Massachusetts (1894, 508):
SEC. 10. No minor under eighteen years of age shall be employed in laboring in any mercantile establishment more than sixty hours in any one week.
ŠEC. 11. No minor under eighteen years of age, and no woman shall be employed in laboring in any manufacturing or mechanical establishment more than ten hours in any one day, except as hereinafter provided in this section, or when a different apportionment of the hours of labor is made for the sole purpose of making a shorter day's work for one day of the week; and in no case shall the hours of labor exceed fifty-eight in a week. Every employer shall post in a conspicuous place in every room where such persons are employed, a printed notice stating the number of hours’ work required of them on each day of the week, the hours of commencing and stopping such work, and the hours when the time or times allowed for dinner or for other meals begins and ends, or in the case of establishments exempted from the provisions of this act, the time, if any, allowed for dinner and for other meals; the printed form of such notice shall be furnished by the chief of the district police, and shall be approved by the attorney-general; and the employment of any such person for a longer time in any day than that so stated shall be deemed a violation of this section, unless it appears that such employment is to make up for time lost on some previous day of the same week, in consequence of the stopping of machinery upon which such person was employed or dependent for employment; but no stopping of machinery for a shorter continuous time than thirty minutes shall authorize such overtime employment, nor shall any such stopping authorize such employment unless, or until, a written report of the day and hour of its occurrence, with its duration, is sent to the chief of the district police, or to the inspector of factories for the district. If any minor under eighteen years of age, or any woman, shall without the orders, consent or knowledge of the employer or of any superintendent, overseer or other agent of the employer, labor in a manufacturing or mechanical establishment during any part of any time allowed for dinner or for other meals in such establishment, according to the notice above mentioned, and if a copy of such notice was posted in a conspicuous place in the room where such labor took place, together with a rule of the establishment forbidding such minor or woman to labor during such time, then neither the employer nor any superintendent, overseer or other agent of the employer shall be held responsible for such employment.
SEC. 57. The following expressions used in this act shall have the following meanings:
The expression “person” means any individual, corporation, partnership, company, or association.
The expression “child” means a person under the age of fourteen years.
The expression “young person” means a person of the age of fourteen years and under the age of eighteen years.
The expression “woman" means a woman of eighteen years of age and upwards.
The expression “factory” means any premises where steam, water, or other mechanical power is used in aid of any manufacturing process there carried on.
Maine (1887, 139):
Sec. 1. No female minor under eighteen years of age, no male minor under sixteen years of age, and no woman shall (be) employed in laboring in any manufacturing or mechanical establishment in this State, more than ten hours in any one day, except when it is necessary to make repairs to prevent the interruption of the ordinary running of the machinery, or when a different apportionment of the hours of labor is made for the sole purpose of making a shorter day's work for one day of