Page images
PDF
EPUB

In Maine any woman over 18 may contract for overtime not exceeding 6 hours in any one week, receiving additional compensation therefor; and in Wisconsin any woman of age and any minor over 18 may labor overtime; that is, the law reads she “may not be compelled," etc.; so in North and South Dakota and Oklahoma any woman or child above 14; but in the other States no overtime is allowed, and the employer permitting or compelling overtime is commonly subject to a fine or a misdemeanor. In Louisiana the law applies to any “factory, warehouse, workshop, clothing, dressmaking or millinery establishment, or any place where the manufacture of any kind of goods is

the week; and in no case shall the hours of labor exceed sixty in a week; and no male person sixteen years and over shall be so employed as above, more than ten hours a day during minority, unless he voluntarily contracts to do so with the consent of his parents, or one of them, if any, or guardian, and in such case he shall receive extra compensation for his services: Provided, however, Any female of eighteen years

of age or over, may lawfully contract for such labor for any number of hours in excess of ten hours per day, not exceeding six hours in any one week or sixty hours in any one year, receiving additional compensation therefor; but during her minority, the consent of her parents, or one of them, or guardian, shall be first obtained.

New Hampshire (G. S. 180, 14), Rhode Island (198, 22), and Connecticut (G. S. 1745) have similar laws, except that the age in Connecticut is 16:

Sec. 14. No woman and no minor under eighteen years of age shall be employed in a manufacturing or mechanical establishment for more than ten hours in one day, except in the following cases:

I. To make a shorter day's work for one day in the week.

II. To make up time lost on some day in the same week in consequence of the stopping of machinery upon which such person was de

ent for

ployment. MI. When it is necessary to make repairs to prevent interruption of the ordinary running of the machinery.

In no case shall the hours of labor exceed sixty in one week.
New York (1899, 192; 1897, 415, 77):

Hours of labor of minors and women.—No minor under the age of eighteen years, and no female shall be employed at labor in any factory in this State before six o'clock in the morning or after nine o'clock in the evening of any day, or for more than ten hours in any one day or sixty hours in any one week, except to make a shorter work day on the last day of the week; or more hours in any one week than will make an average of ten hours per day for the whole number of days so worked.

New Jersey (1892, 92):

SECTION 1. On and after the sixth day of July, one thousand eight hundred and ninety-two, fifty-five hours shall constitute a week's work in any factory, workshop, or establishment where the manufacture of any goods whatever is carried on; and that the periods of employment shall be from seven o'clock in the forenoon until twelve o'clock noon, and from one o'clock in the afternoon until six o'clock in the evening of every working day except Saturday, upon which last named day the period of employment shall be from seven o'clock in the forenoon until twelve o'clock noon.

SEC. 2. No person under the age of eighteen years, male or female, and that no woman above that age shall be employed in any factory, workshop, or manufacturing establishment except during the periods of employment hereinbefore mentioned: Provided, That the provisions in this act in relation to the hours of employment shall not apply to or affect any person engaged in preserving perishable goods in fruit canning establishments or in any factory engaged in the manufacture of glass.

Pennsylvania (1897, 26):

SECTION 1. No minor, male or female, or adult woman shall be employed at labor or detained in any manufacturing establishment, mercantile industry, laundry, workshop, renovating works or printing office for a longer period than twelve hours in any day, nor for a longer period than sixty hours in any week.

Wisconsin sec. 1728 (but see note 4 below):

In all manufactories, workshops and other places used for mechanical or manufacturing purposes, the time of labor of children under the age of eighteen years, and

carried on, or where any goods are prepared for manufacture, but not to domestic or agricultural labor." In Maine the law applies to any manufacturing or mechanical establishment, but overtime is allowed when it is necessary to make repairs to prevent the interruption of the ordinary running of the machinery, or when any day's 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. In Massachusetts the law applies to any premises where steam, water, or any mechanical power is used in any manufacturing process there carried on," and is the same as in Maine, except that the total hours shall not exceed 58 per week, and the last-mentioned exception reads "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 (this law is enacted in a different section

of women, employed therein, shall not exceed eight hours in one day; and any employer, stockholder, director, officer, overseer, clerk or foreman who shall compel any woman or any such child to labor exceeding eight hours in any one day, or who shall permit any child under fourteen years of age to labor more than ten hours in any one day in any such place, if he shall have control over such child sufficient to prevent it, or who shall employ at manual labor any child under twelve years of age in any factory or workshop, where more than three persons are employed, or who shall employ any child of twelve and under fourteen years of age in any such factory or workshop, for more than seven months in any one year, shall be punished by fine not less than five nor more than fifty dollars for each such offense.

Nebraska (1899, 107):

No female shall be employed in any manufactuing, mechanical or mercantile estab lishments, hotel or restauraunt in this State more than sixty hours during any one week, and ten hours shall constitute a day's labor. The hours of each day may be so arranged as to permit the employment of such females at any time from six o'clock in the morning to ten o'clock in the evening; but in no case shall such employment exceed ten hours in any one day.

South Dakota (Dak. Pen. C., sec. 6931), North Dakota (7666), Oklahoma (2550) :

Every owner, stockholder, overseer, employer, clerk or foreman of any manufactory, workshop or other place used for mechanical or manufacturing purposes, who, having control, shall compel any woman or any child under eighteen years of age, or permit any child under fourteen years of age, to labor in any day exceeding ten hours, shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by a fine not exceeding one hundred and not less than ten dollars.

Virginia (1890, 193):

Sec. 1. No female and no child under fourteen years of age shall work as an operative in any factory or in any factory or manufacturing establishment in this State more than ten hours in any one day of twenty-four hours. All contracts made or to be made for the employment of any female or of any child under fourteen years of age, as an operative in any factory or manufacturing establishment to work more than ten hours in any one day of twenty-four hours, are and shall be void.

SEC. 2. Any person having the authority to contract for the employment of persons as operatives in any factory or manufacturing establishment, who shall engage or contract with any female or any child under fourteen years of age to work as an operative in such factory or manufacturing establishment during more than ten hours in any one day of twenty-four hours, shall be guilty of a misdemeanor, and be fined not less than five nor more than twenty dollars.

Louisiana (1886, 43):

SEC. 4. No child, or young person under the age of eighteen years, and no woman, shall be employed in any factory, warehouse, workshop, clothing, dressmaking or millinery establishment, or any place where the manufacture of any kind of goods is carried on, or where any goods are prepared for manufacturing, for a longer period than an average of ten hours in a day, or sixty hours in any week, and at least one hour shall be allowed in the labor period of each day for dinner.

249A- -3

66

($ 2) in Maine also), but no stopping of machinery for a shorter (ontinuous time than 30 minutes shall authorize such overtime employment, and a written report of the day and hour of its occurrence and its duration must be sent to the chief of police or inspector of factories. The New Hampshire, Connecticut, and Rhode Island laws are substantially the same as the Massachusetts law, the exception reading (1) to make a shorter day's work for one day in the week; (2) to make up time lost on some day in the same week in consequence of the stopping of machinery upon which such person was dependent for employment; (3) when it is necessary to make repairs to prevent interruption of the ordinary running of the machinery. (For Indiana see note below.)

In New Jersey the law applies to any factory, workshop, or establishment where the manufacture of any goods whatever is carried on; and the period of employment must be from 7 o'clock in the forenoon until noon, and from 1 o'clock in the afternoon until 6, but on Saturdays from 7 until noon. In Pennsylvania and Indiana the law applies to "any manufacturing establishment, mercantile industry, laundry, workshop, renovating works, or printing office;” in Nebraska “to any manufacturing, mechanical, or mercantile establishment, hotel, or restaurant.” In Virginia the law applies to any factory or manufacturing establishment. In Maine the act does not apply to any manufacturing establishment or business the materials or products of which are perishable and require immediate labor thereon to prevent damage; and an older statute (apparently still in force) forbids the employment of any person under 16 by any corporation for more than 10 hours a day (R. S. 48, 15). And by a new statute in Massachusetts

no deductions shall be made in the wages of women and minors who are paid by the day or hour employed in manufacturing or mechanical establishments for time during which the machinery is stopped, if said women and minors were refused the privilege of leaving the mill while the damage to said machinery was being repaired; and none of the employees referred to in this section shall be compelled to make up time lost through the breaking down of machinery unless said employees are compensated at their regular rates of wages: Provided, That said employees have been detained within their workrooms during the time of such breakdown" (Mass. 1898, 505).

Hours of minors.-It will be noticed that the above-mentioned States are the only ones which limit the hours of adult women, even in factories, the Illinois statute having been declared unconstitutional. Doubtless, constitutional objection against such legislation has been felt in many States, the Massachusetts supreme court being the only one which has actually held such laws constitutional as to women over 21. But the majority of States have legislated upon the hours of labor of minors employed in factories, and it is probable that the general factory hours are to a certain extent determined by such laws. ("Factories, workshops, mercantile or other establishments” in Ohio; “mercantile institutions, stores, offices, laundries, manufacturing establishments, factories, or workshops” in Illinois; “ manufactories, workshops, mills, and other places," —this phrase includes “any place where goods or products are manufactured or repaired, dyed, cleansed or sorted, stored or packed, in whole or in part, for sale or for wages and not personal use of the maker or his or her family or employer" in Minnesota; “manufacturing, mechanical, or mercantile establish

ment, or other place of labor” in California; “factory, warehouse, or workshop” in Louisiana. In New Jersey the law does not apply to canning establishments or glass factories, or in Michigan to canning or evaporating works; but otherwise to all places where goods or products are manufactured, repaired, cleansed, or sorted, employing, except in cities, at least five persons.)

In the first place, the most of the fifteen States mentioned above make the law limiting the labor of women extend also to the labor of male minors under 18 (in Massachusetts, New Hampshire, New York, New Jersey, $ 2, Wisconsin, and Louisiana), under 16 (in Maine, Rhode Island, Connecticut, and Indiana), or under 14 (in Virginia), or under 21 (in Pennsylvania). But there are many other States which, while not legislating as to women of full age, do legislate as to minors. These are Vermont (R. L. 4320), Ohio (1898, p. 123, 2), Illinois (1897, p. 90), Michigan (1895, 184, 1, 2, and 14), Minnesota (G. S. 6541, 2240; 1895, 171; 1897, 360), California (1889, 7, 1), Maryland (27, 139), and Georgia (Code 1885); but the laws of Minnesota and Wisconsin, the Dakotas,

2

[ocr errors]
[ocr errors]
[ocr errors]

? The laws in full are as follows: Vermont (G. L. $ 4320) :

Any owner, agent, superintendent or overseer of a manufacturing or mechanical establishment who knowingly employs or permits to be employed in such establishment a child under ten years of age, or employs a child under fifteen years of age more than ten hours in one day, and a parent or guardian who allows or consents to such employment, shall be fined fifty dollars.

Ohio (1898, p. 123):

SECTION 1. No child under the age of thirteen years shall be employed in any factory, workshop, mercantile or other establishment, directly or indirectły; and no boy under fifteen years of age, and no girl under sixteen years of age, shall be employed at any work performed for wages or other compensation, or in assisting any person employed as a wage-earner, when the public schools in which district such child resides are in session, providing this act shall not apply to females working at household work.

SEC. 2. No minor under sixteen years of age, and no girl under eighteen years of age, shall be employed at any work at nighttime later than seven o'clock in the evening nor earlier than six o'clock in the morning, and no minor under eighteen years of age shall be employed in any of the places named in section one of this act for a longer period than ten hours in one day, nor more than fifty-five hours in one week.

Indiana (1899, 142):

SECTION 1. No person under sixteen years of age and no female under eighteen years of age, employed in any manufacturing or mercantile establishment, laundry, renovating works, bakery or printing office shall be required, permitted or suffered to work therein 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'day 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 which such person or such woman shall so work during such week.

SEC. 18. The words “manufacturing establishment,” wherever used in this act, shall be construed to mean any mill, factory or workshop where ten or more persons are employed at labor.

Illinois (1897, p. 90):

SECTION 1. No child under the age of fourteen years shall be employed, permitted or suffered to work for wages at any gainful occupation hereinafter mentioned.

SEC. 2. It shall be the duty of every person, firm or corporation, agent or manager of any firm or corporation employing minors in any mercantile institution, store, office, laundry, manufacturing establishment, factory or workshop within this State to keep a register in said mercantile establishment, store, office, laundry, manufacturing establishment, factory or workshop in which said minors shall be employed

and Oklahoma (see above) allow voluntary contracts for overtime by all persons over 14. Such a provision practically makes the law a dead letter. The time allowed is usually 10 hours a day, 60 per week; but only 55 hours a week in Ohio, and from sunrise to sunset in Georgia; and the age is 18 for males and 21 for females in Micbigan; 21 for both in Minnesota and Georgia; 18 for both males and females in Ohio, Michigan, California, the Dakotas, and Oklahoma; 16 for males, 18 for females, in Indiana; 16 for both in Illinois and Maryland; 15 in Vermont; 14 (below this age the law is prohibitive as to time allowed) in Wisconsin, Minnesota, the Dakotas, and Oklahoma. It will be seen by a careful study of the above that the only States not yet in any way limiting the labor hours in factories of either women or minors are Iowa, Kansas, Oregon, Nevada, Colorado, Washington, Montana, Wyoming, Utah, West Virginia, Kentucky, Tennessee, Missouri, Arkansas, North Carolina, Alabama, Florida, Mississippi, Texas, New Mexico, Arizona, and the District of Columbia, but it should be noted that in at least several of these States there are no large factories.

or permitted or suffered to work, in which register shall be recorded the name, age and place of residence of every child employed, or permitted or suffered to work therein under the age of sixteen years, and it shall be unlawful for any person, firm or corporation, agent or manager of any firm or corporation to hire or employ, or to permit or to suffer to work in any mercantile institution, store, office, laundry, manufacturing establishment, factory or workshop, any child under the age of sixteen years and over the age of fourteen years, unless there is first provided and placed on file in such mercantile institution, office, laundry, manufacturing establishment, factory, or workshop an affidavit made by the parent or guardian stating the name, date and place of birth of such child. If such child shall have no parent or guardian, then such affidavit shall be made by the child. And the register and affidavits herein provided for shall, on demand, be produced and shown for inspection to the State factory inspector, assistant State factory inspector, or deputy State factory inspector.

Sec. 3. Every person, firm or corporation, agent or manager of a corporation employing, or permitting or suffering to work children under the age of sixteen years, and over the age of fourteen years, in any mercantile institution, store, office, laundry, manufacturing establishment, factory or workshop shall post, and keep posted in a conspicuous place in every room in which such help is employed, or permitted or suffered to work, a list containing the name, age and place of residence of every person under the age of sixteen years employed, permitted or suffered to work in such room.

SEC. 4. No person, &c., under the age of sixteen years shall be employed or suffered to work for wages at any gainful occupation more than sixty hours in one week nor more than ten hours in any one day. *

SEC. 8. The words“ manufacturing establishment," "factory” or “workshop," as used in this act, shall be construed to mean any place where goods or products are manufactured or repaired, dyed, cleaned or sorted, stored or packed, in whole or in part, for sale or for wages, and not for personal use of the maker, or his or her family or employer.

Michigan (1895, i84; 1897, 92; 1899, 77):

SEC. 1. No male under the age of eighteen years and no female under the age of twenty-one years, shal be employed in any manufacturing establishment in this State for any longer period than sixty hours in one week unless for the purpose of making necessary repairs to machinery in order to avoid the stoppage of the ordinary running of the estabỉishment: Provided, That no more than ten hours shall be exacted from such male minors or females under twenty-one years on any day unless for the purpose of making a shorter work day on the last day of the week.

SEC. 2. No child under fourteen years of age shall be employed in any manufacturing establishment within this State. It shall be the duty of every person employing children to keep a register, in which shall be recorded the name, birthplace, age and place of residence of every person employed by him under the age of sixteen years;

*

[ocr errors]
« PreviousContinue »