Labor Legislation

laws, law, hours, wages, public, women, passed, day and laborers

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Among the earliest laws were those affecting wages. The first mechanic's lien taw was passed by New York in 1830 and similar laws have been passed by all the States. Such laws aim to protect the laborer by making the goods, structure or land on which he works security for his pay. Railroads and public works are now covered by these laws. State and Federal laws also make wages a nreferred claim in re ceiverships and in administrations due to bank ruptcy or death. Following close upon the abolition of imprisonment for debt (beginning with Kentucky in 1821) came the exemption of wages from attachment for debt. This is now the law in every State. The amount of pro tection varies, some States exempting by days (30 to 60), others by amounts ($20 to MOO). There is also considerable lack of uniformity m the persons protected. Some exempt "all laborers, mechanics and day laborers," others all "householders," or "resident debtors" or "all who support themselves and their families by the labor of their hands" (Wis.). There are also exemptions of homesteads and of tools in all the States, the amounts varying from $500 to $5,000. Some States forbid the assign ment of future wages, while others put very strict limitations on such assignments.

A good many laws govern indirectly the amount of wages. Except as affecting women there is no general law providing a minimum 'wage. The National and State governments regulate employment on their public works, generally prescribing that the customary wages shall be paid, in some cases fixing a minimum. In recent years several States have forbidden payment in store checks or truck; a few require cash payments. Two-thirds of the States regu late the time of payment, a great many re quiring settlements at least twice a month, some weekly. Some of these laws have been declared unconstitutional by the courts but most of them have been upheld. Many States require payment on the premises, a few dur ing working hours, and a few forbid payment in saloons. Several States have the "mine rune law, forbidding the screening of coal before it is weighed. A dozen States regulate "dock ing" or deductions in the way of fines.

A great many laborers receive a part of their pay in houses or "furnishings." Legislation aimed to regulate houses furnished by em ployers is only in the formative stage. There are three types of legislation on truck stores: (1) Laws that seek to eliminate such payments in certain industries; (2) permitting the sys tem, but regulating the prices; and (3) eliminat ing the coercion of employees to patronize com pany stores.

Laws regulating hours of labor have a direct bearing on wages. The first law of the kind was passed by Massachusetts in 1842 and made 10 hours a working day in factories for children under 12. In 1847 the law was ex tended to women. Several States followed this example, but no enforceable law was passed before 1879. In 1895 the Illinois Supreme Court declared void an 8-hour law for women on the ground that it unduly limited •the free dom of contract. In 1908 the Oregon 10

hour law for women was upheld by the United States Supreme Court, and in 1915 the 8-hour law. By 1915 there were only seven States with no restrictions on hours of labor for' women, and theSe States have few women workers. The laws vary considerably, but most of them fix daily and weekly maximum hours in the principal industrial occupations, agriculture and domestic service being ex cepted. They are based on the health of the worker and the public welfare, but have an im portant effect on wages. A few States recog nize that the determination of what is necessary for the health of the worker and for the pub lic welfare is not a legislative question and ' leave it to their commissions. Laws regulating the hours for men are fragmentary. Most of them relate to public or semi-publie works. In 1840 President Van Buren, by executive order, fixed the 10-hour day in the navy yards. ' A Congressional law of 1868 (amended 1892 and 1912) fixes the 8-hour day for laborers on pub lic works. Over half the States and many cities now have similar laws. The first laW of the kind applying to private industry was that of Illinois in 1867. It applied only in the ab sence of a contract and was not really enforce able. Over half the States and the United States now have laws shortening the hours for • employees on steam and electric railways and ' a dozen or more protect miners with 8-hour laws. Mississippi (1912) and Oregon (1913) have 10 hour laws for factories. The hours in trans portation are arranged by "runs"— a maximum of 16 hours, with 8 hours of rest before starting again. This applies particularly to engineers and conductors. Many States have similar laws applying to operators of street cars. Teleg raphers, train dispatchers and signalmen in continuous employment are commonly limited to eight hours. Under the extreme pressure of a strike called by the trainmen for 4 Sept. 1916, Congress passed a law (signed 3 Septem- ' ber) fixing eight hours as a day's work after 1 Jan. 1917, for men engaged in interstate trans portation and allowing extra pay for overtime. The same act provided for a commission to observe the effects of the law and report to Congress. The constitutionality of such laws has been contended many times, but they have generally been upheld as a valid exercise of the police power for the public welfare. The traveling public has a vital interest in having trains handled by men not so worn out by long hours of toil that they cannot assure them of a reasonable degree of safety. However, this par ticular law unquestionably was a wage law. The most notable decision sustaining such laws was that of Holden v. Hardy upholding the 8 hour day law of Utah for miners. Agricultural laborers are still practically untouched by such legislation.

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