Cornell University Library HD4918.M591913 Laws of the various states relating to a 3 1924 001 687 635 THE MARTIN P. CATHERWOOD LIBRARY OF THE NEW YORK STATE SCHOOL OF INDUSTRIAL AND LABOR RELATIONS AT CORNELL UNIVERSITY MICHIGAN STATE LIBRARY LEGISLATIVE REFERENCE DEPARTMENT BULLETIN NO. 5 NOV. 1913 LAWS, OF THE VARIOUS STATES RELATING TO A MINIMUM WAGE FOR WOMEN AND MINORS LANSING, MICHIGAN WYNKOOP HALLENBECK CRAWFORD COMPANY, STATE PRINTERS 1913 ^^0. ^ , i.A.VWe 9e^e..o^e ■l;.^.'^A--. (1^53 INTRODUCTION. November 1st, 1913. Eight states have at this date provided by law for the creation of minimum wage commissions, one state, Utah, has by statute prescribed a minimum wage for women and minor worl^ers and investigating com- missions are working upon the subject in Michigan, New York and Connecticut. In Ohio all employers of women are required to report upon wages and conditions of labor to the Industrial Commission and a special commission has been appointed in Indiana to investigate the hours and conditions of labor of women and minors in that state. The provisions of the acts creating the commissions are very similar and the mode of determination of the wage is, in most cases, the same, consisting of a preliminary investigation by the commission and if upon such investigation it i.s found that wages inadequate for the proper support of the workers obtains in any occupation, an advisory board or conference consisting of representatives of the employers, the em- ployes and the public, is appointed. This board or conference then makes a thorough investigation and, upon the result thereof, a minimum wage is fixed for the occupation so investigated. In seven states a violation is constituted a misdemeanor, with fine or imprisonment prescribed, while in two states, Massachusetts and Nebraska, the mode of enforcement is different. In these states the commission is empowered, after the determination of a minimum wage, to publish in the newspapers of the state the names of all employers failing or refusing to pay such wage, depending upon public opinion to accomplish the desired result. All commissions have power to subpoena mtnesses, administer oaths, compel production of books, papers, pay-rolls, etc., and to prescribe rules of practice and procedure. In all cases where no compensation is allowed the commissioners, provision is made for the payment of nec- essary expenses incurred. The right of appeal from orders of the commission is granted in all states. Discrimination against an employe for testifying before the commission is prohibited and in the states of California, Colorado, Minnesota, Oregon and Washington an employe who has worked for less than the prescribed rate is given the right to recover in a civil action the amount of difference bet^\een the established rate and the amount received. In view of the excellent bibliography upon the subject of minimum wages prepared -by the New York City Public BfilpQinty, tflbpies of which are on file in the Department, itMAffTINfP.be^ff^i^jiy^^^eceg^x^to incorporate the same in this bulletin, unuvfi--^ ----(,«„-,„. ^^^ INUJlSTfilAL il?^^!?3f iJiiMS'^- Cornell University The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924001687635 DIRECTORY OF MINIMUM WAGE COMMISSIONS. CALIFORNIA. Mr. Prank J. Muijasky, Chairman, San Francisco. Mr. A. Bonnheim, Sacramento; Mr. A. B. C. Dohrmann, San Fran- cisco; Mrs. Katherine Philips Edson, Los Angeles; Mr. Walter G. Mat- thewson, San Jose. Mr. A. B. C. Dohrmann, Secretary, Geary and Stockton Streets, San Francisco. COLORADO. Not appointed at this date. MASSACHUSETrS. Mr. H. LaRue Brown, Chairman, Boston. Prof. Arthur N. Holcombe, Cambridge. Miss Mabel Gillispie, Boston. Miss Amy Hewes, Secretary, Room 721, No. 1 Beacon St., Boston. MINNESOTA. Mr. W. F. Hank, Commissioner of Labor, St. Paul. Mr. A. H. Lindeke, St. Paul; Miss Eliza P. Evans, St. Paul. Miss Eliza P. Evans, Sec, State Capitol, St. Paul. NEBRASKA. Not appointed at this date. OREGON. Mr. E. V. O'Hara, Portland. Miss Bertha Moores, Portland; Mr. Amedee M. Smith, Portland. Miss Caroline J. Gleason, Secretary; 610 Commercial Block, Portland. UTAH. Mr. H. T. Haines, Commissioner of Immigration, Labor and Statistics, 509-510 Felt Building, Salt Lake City. WASHINGTON. Mr. Edward W. Olson, Chairman, Olympia. Dr. Theresa McMahon, Seattle; Mrs. Jackson Silbaugh, Seattle; Mrs. Florence Swanson, Raymond; One member yet to be appointed. Mr. Stuart A. Rice, Secretary, Olympia. WISCONSIN. Mr. C. H. Crownhart, Chairman. Mr. J. D. Beck; Mr. Fred M. Wilcox. Mr. Paul J. Watrous, Secretary, State Capitol, Madison. CALIFOENIA. Laws 1913. Chapter 324. An act regulating the employment of women and minors and estailish- ing am industrial welfare commission to investigate and deal with such employment, including a mmimum wage; providing for an a/p- ■propriation therefor and fixing a penalty for violations of this act. The people of the State of California do enact as follows: Section 1. There is hereby established a commission to be known as the industrial welfare commission, hereinafter called the commission. Said commission shall be composed of five persons, at least one of whom shall be a woman, and all of whom shall be appointed by the governor as follows : two for the term of one year, one for the term of two years, one for the term of three years, and one for the term of four years; Provided, however, That at the expiration of their respective terms, their successors shall be appointed to serve a full term of four years. Any vacancies shall be similarly filled for the unexpired portion of the term in which the vacancy shall occur. Three members of the commis- sion shall constitute a quorum. A vacancy on the commission shall not impair the right of the remaining members to perform all the duties and exercise all the powers and authority of the commission. Sec. 2. The members of said commission shall draw no salaries but all of said members shall be allowed ten dollars per diem while engaged in the performance of their official duties. The commission may employ a secretary, and such expert, clerical and other assistants as may be necessary to carry out ti\& purposes of this act, and shall fix the com- pensation of such employees, and may, also, to carry out such purposes, incur reasonable and necessary office and other expenses, including the necessary traveling expenses of the members of the commission, of its secretary, of its experts, and of its clerks and other assistants and em- ployees. All employes of the commission shall hold office at the pleas- ure of the commission. Sec. 3. (a) It shall be the duty of the commission to ascertain the wages paid, the hours and conditions of labor and employment in the various occupations, trades, and industries in which women and minors are employed in the State of California, and to make investigations into the comfort, health, safety and welfare of such women and minors. (6) It shall be the duty of every person, firm or corporation employ- ing labor in this state: 1. To furnish to the commission, at its request, any and all reports or information which the commission may require to carry out the purposes of this act, such reports and information to be verified by the by the oath of the person, or a member of the firm, or the president. secretary, or manager of the corporation furnishing the same, if and when so requested hv the commission or any member thereof. 2. To allow any 'member of the commission, or its secretary, or any of its dulv authorized experts or employees, free access to the place of business or employment of such person, firm, or corporation, for tile purpose of making' any investigation authorized by this act, or to make inspection of, or excerpts from, all books, reports, contracts, pay rolls, documents, or papers of such person, firm or corporation relating to the employment of labor and payment therefor by such person, firm or corporation. 3. To keep a register of the names, ages, and residence addresses of all women and minors employed. (c) For the purposes of this act, a minor is defined to be a person of either sex under the age of eighteen years. Sec. 4. The commission may specify times to hold public hearings, at which times, employers, employees, or other interested persons, may appear and give testimony as to the matter under consideration. The commission or any member thereof shall have power to subpoena wit- nesses and to administer oaths. All witnesses subpoenaed by the com- mission shall be paid the fees and mileage fixed by law in civil cases. In case of failure on the part of any person to comply with any order of the commission or any member thereof, or any subpoena, or upon the refusal of any witness to testify to any matter regarding which he may lawfully be interrogated before any wage board or the commission, it shall be the duty of the superior court or the judge thereof, on the appli- cation of a member of the commission, to compel obedience in the same manner, by contempt proceedings or otherwise, that such obedience would be compelled in' a proceeding pending before said court. The com- mission shall have power to make and enforce reasonable and proper rules of practice and procedure and shall not be bound by the technical rules of evidence. Sec. 5. If, after investigation, the commission is of the opinion that, in any occupation, trade, or industry, the wages paid to women and minors are inadequate to supply the cost of proper living, or the hours or conditions of labor are prejudicial to the health, morals or welfare of the workers, the commission may call a conference, hereinafter called "wage board," composed of an equal number of representatives of em- ployers and employees in the occupation, trade or industry in question, and a representative of the commission to be designated by it, who shall act as the chairman of the wage board. The members of such wage board shall be allowed five dollars per diem and necessary traveling ex- penses while engaged in such conferences. The commission shall make rules and regulations governing the number and selection of the members and the mode of procedure of such wage board, and shall exercise ex- clusive jurisdiction over all questions arising as to the validity of the procedure and of the recommendations of such wage board. The pro- ceedings and deliberations of such wage board shall be made a matter of record for the use of the commission, and shall be admissible as evidence in any proceedings before the commission. On request of the commis- sion, it shall be the duty of such wage board to report to the commis- sion its findings, including therein: 9 1. An estimate of the minimum wage adequate to supply to women and minors engaged In the occupation, trade or Industry In question, the necessary cost of proper living and to maintain the health and wel- fare of such women and minors. 2. The number of hours of work per day in the occupation, trade or industry in question, consistent with the health and welfare of such women and minors. 3. The standard conditions of labor in the occupation, trade or in- dustry in question, demanded by the health and welfare of such women and minors. Sec. 6. (a) The commission shall have further power after a public hearing had upon its own motion or upon petition, to fix : 1. A minimum wage to be paid to women and minors engaged in any occupation, trade or industry In this state, which shall not be less than a wage adequate to supply to such women and minors the necessary cost of proper living and to maintain the health and welfare of such women and minors. 2. The maximum hours of work consistent with the health and wel- fare of women and minors engaged in any occupation, trade or Industry In this state: Provided, That the hours so fixed shall not be more than the maximum now or hereafter fixed by law. 3. The standard conditions of labor demanded by the health and wel- fare of the women and minors engaged in any occupation, trade or industry In this state. (6) Upon the fixing of a time and place for the holding of a hearing for the purpose of considering and acting upon any matters referred to in subsection (a) hereof, the commission shall give public notice by advertisement in at least one newspaper published in each of the cities of Los Angeles and Sacramento and in the city and county of San Fran- cisco, and by mailing a copy of said notice to the county recorder of each county in the state, of such hearing and purpose thereof, which notice shall state the time and place fixed for such hearing, which shall not be earlier than fourteen days from the date of publication and mailing of such notices. (c) After such public hearing, the commission may, in its discretion, make a mandatory order to be effective in sixty days from the making of such order, specifying the minimum wage for women or minors in the occupation in question, the maximum hours: Provided, That the hours specified shall not be more than the maximum for women or minors In California, and the standard conditions of labor for said women or minors: Provided, however, That no such order shall become effective until after April 1, 1914. Such order shall be published in at least one newspaper in each of the cities of Los Angeles and Sacramento and In the city and county of San Francisco, and a copy thereof be mailed to the county recorder of each county in the state, and such copy shall be recorded without charge, and to the labor commissioner who shall send by mall, so far as practicable, to each employer in the occupation in question, a copy of the order, and each employer shall be required to post a copy of such order in the building in which women or minors affected by the order are employed. Failure to mall notice to the em- ployer shall not relieve the employer from the duty to comply with such 10 order. Finding by the commission that there has been such publication and mailing to county recorders shall be conclusive as to service. Sec. 7. Whenever wages, or hours, or conditions of labor have been so made mandatory in any occupation, trade, or industry, the commis- sion may at any time in its discretion, upon its own motion or upon petition of either employers or employees, after a public hearing held upon the notice prescribed for an original hearing, rescind, alter or amend any prior order. Any order rescinding a prior order shall have the same effect as herein provided for in an original order. Sec. 8. For any occupation in which a minimum wage has been estab- lished, the commission may issue to a woman physically defective by age or otherwise, a special license authorizing the employment of such licensee, for a period of six months, for a wage less than such legal mini- milm wage; and the commission shall fix a special minimum wage for such person. Any such license may be renewed for like periods of six months. Sec. 9. Upon the request of the commission, the labor commissioner shall cause such statistics and other data and information to be gathered, and investigations made, as the commission may require. The cost there- of shall be paid out of the appropriations made for the expenses of the commission. Sec. 10. Any employer who discharges, or threatens to discharge, or in any other manner discriminates against any employee because such employee has testified or is about to testify, or because such employer believes that said employee may testify in any investigation, or proceed- ings relative to the enforcement of this act, shall be deemed guilty of a misdemeanor. Sec. 11. The minimum wage for women and minors fixed by said commission as in this act provided, shall be the minimum wage to be paid to such employees, and the payment to such employees of a less wage than the minimum so fixed shall be unlawful, and every employer or other person who, either individually or as an ofScer, agent, or em- ployee of a corporation or other person, pays or causes to be paid to any such employee a wage less than such minimum, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty dollars, or by imprisonment for not less than thirty days, or by both such fine and imprisonment. Sec. 12. In every prosecution for the violation of any provision of this act, the minimum wage established by {he commission as herein provided shall be prima facie presumed to be reasonable and lawful, and to be the living wage required herein to be paid to women and minors. The findings of fact made by the commission acting within its powers shall, in the absence of fraud, be conclusive ; and the determination made by the commission shall be subject to review only in a manner and upon the grounds following: within twenty days from the date of the determination, any party aggrieved thereby may commence in the super- ior court in and for the city and county oif San Francisco, or in and for the counties of Los Angeles or Sacramento, an action against the com- mission for review of such determination. In such action a complaint, which shall state the grounds upon which a review is sought, shall be served with the summons. Service upon the secretary of the commis- 11 sion, or any member of the commission, shall be deemed a complete service. The commission shall serve its answer within twenty days after the service of the complaint. With its answer, the commission shall make a return to the court of all documents and papers on file in the matter, and of all testimony and evidence which may have been taken before it, and of its findings and the determination. The action may thereupon be brought on for hearing before the court upon such record by either party on ten days' notice of the other. Upon such hearing, the court may confirm or set aside such determination; but the same shall be set aside only upon the following grounds: (1) That the commission acted without or in excess of its powers. (2) That the determination was procured by fraud. Upon the setting aside of any determination the court may recom- mit -the controversy and remand the record in the case to the commis- sion for further proceedings. The commsision, or any party aggrieved, by a decree entered upon the review of a determination, may appeal therefrom within the time and in the manner provided for an appeal from the orders of the said superior court. Sec. 13. Any employee receiving less than the legal minimum wage applicable to such employee shall be entitled to recover in a civil action the unpaid balance of the full amount of such minimum wage, together with costs of suit, notwithstanding any agreement to work for such lesser wage. Sec. 14. Any person may register with the commission a complaint that the wages paid to an employee for whom a living rate has been established, are less than that rate, and the commission shall investigate the matter and take all proceedings necessary to enforce the payment of a wage not less than the living wage. Sec. 15. The commission shall biennially make a report to the gover- nor and the state legislature of its investigations and proceedings. Sec. 16. There is hereby appropriated annually out of the moneys of the state treasury, not otherwise appropriated, the sum of fifteen thousand dollars, to be used by the commission in carrying out the provisions of this act, and the controller is hereby directed from time to time to draw his warrants on the general fund in favor of the com- mission for the amounts expended under its direction, and the treas- urer is hereby authorized and directed to pay the same. Sec. 17. The commission shall not act as a board of arbitration dur- ing a strike or lock-out. Sec. 18. (a) Whenever this act, or any part or section thereof, is interpreted by a court, it shall be liberally construed by such court. (&) If any section, subsection, or subdivision of this act is for any reason held to be unconstitutional, such decision shall not aflfect the validity of the remaining proportions of this act. The legislature hereby declares that it would have passed this act, and each section, subsec- tion, subdivision, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses or phrases is declared unconstitutional. Sec. 19. The provisions of this act shall apply to and include women and minors employed in any occupation, trade or industry, and whose compensation for labor is measured by time, piece or otherwise. 12 COLORADO. Laws 1913. Chapter 110. An act proiiding for the detrrmi nation of niininuiin w