Chapter 21. LABOR.

§1. State Department of Labor.—There shall be a state department of labor, which shall be under the control and management of a state commissioner of labor.(1889, c. 15, §1; Code 1923, c. 15H, §1.)

§2. Commissioner of Labor; Qualifications; Appointment; Term of Office; Salary; Assistants.—The state commissioner of labor shall be appointed by the governor, by and with the advice and consent of the senate. He shall be a competent person, who is identified with the labor interests of the State. The commissioner of labor in office on the date this Code takes effect shall, unless sooner removed, continue to serve until his term expires and his successor has been appointed and has qualified. On or before the first day of March, nineteen hundred and thirty-three, and on or before the first day of March of each fourth year thereafter, the governor shall appoint a commissioner of labor to serve for a term of four years, commencing on said first day of March. The salary of the commissioner of labor shall be four thousand dollars per annum. The commissioner of labor shall appoint a chief clerk and such other clerks and stenographers as the good of the service requires and within the appropriation made by the legislature.(1889, c. 15, §2; 1915, c. 12, §§1, 7; 1919, c. 30, §6; Code 1923, c. 15H, §§2, 6; 1923, c. 48, §6.)

§3. Inspections by Commissioner; Failure to Answer Questions or Interrogatories; Penalty.—The commissioner of labor shall have power, in the discharge of his duties, to enter and inspect any public institution of the State and any factory, workshop or other place where labor is employed. He shall, once at least in every year, visit and inspect the principal factories and workshops of the State; and shall, upon complaint and request of any three or more reputable citizens, visit and inspect any place where labor is employed and make true report of the result of his inspection. He may furnish a written or printed list of interrogatories asking information essential to a proper discharge of his duties, to any person, company or corporation employing labor, and require full and complete answers thereto. If any person, or any officer of any company or corporation, shall neglect or refuse to answer, within a reasonable time, any proper question propounded to him by the commissioner of labor, or if any person or an officer of any company or corporation to whom a list of interrogatories has been furnished shall neglect or refuse to fully and truthfully answer and return the same, such person or such officer shall be deemed guilty of a misdemeanor. The commissioner of labor shall report to the prosecuting attorney of the proper county all such violations of this section; where upon the prosecuting attorney shall proceed against the guilty persons as in other cases of misdemeanor. Any person, or any officer of a company or corporation, convicted in such proceedings shall be fined not less than ten nor more than fifty dollars, or shall be confined in the county jail not less than ten nor more than ninety days, or shall be both fined and imprisoned within the above limits.(1889, c. 15, §§4, 5; 1915, c. 12, §§2, 3, 4; Code 1923, c. 15H, §§3, 4.)

§4. Annual Report to Governor; Collection of Statistical Information.—It shall be the duty of the commissioner of labor to collect, compile and present to the governor, on or before the first day of December of each year, an annual report, with statistical details relating to all departments of labor and the industrial interests of the State, especially in relation to the financial, social, educational and sanitary condition of the laboring classes, and all other statistical information that may tend to increase the prosperity of the productive industries of the State. He shall also make such suggestions as he may deem advisable as to legislation tending to promote and increase the prosperity of the industrial establishments of the State, and to protect the lives and health and promote the prosperity of the persons employed therein. All state, county, district and city officers shall furnish the commissioner of labor, upon request, all statistical information relating to labor which may be in their possession as such officers.(1889, c. 15, §§4, 6; 1915, c. 12, §§2, 5; Code 1923, c. 15H, §§3, 5.)

§1. Purpose of Agency; No Fees Charged.—The commissioner of labor shall maintain in connection with his department a public agency to be known as the “State Public Employment Agency,” for the purpose of receiving and filing applications of persons seeking employment and of persons or firms seeking to employ labor. There shall be no fee or compensation charged or received, directly or indirectly, from persons applying for employment or from those desiring to employ labor through said agency.(1901, c. 15, §§1, 2; Code 1923, c. 15H, §§7, 8; 1923, c. 49, §§1, 2; 1929, c. 12, §1.)

§2. Cooperation From Federal Government.—The commissioner of labor may accept cooperation from the federal government in the establishment and maintenance within the State of such emplovment agency.(1923, c. 49, §1; 1929, c. 12, §2.)

§3. Duty and Authority of Commissioner.—It shall be the duty of the commissioner of labor to communicate with employers of labor, and said commissioner is authorized to advertise or use such other methods and means as he deems practicable to supply the demand of employers and to provide employment for those who have filed their applications with such employment agency.(1929, c. 12, §3.)

§4. “Employment Agent” Defined.—The term “employment agent” shall mean and include all persons, firms, corporations or associations, excepting municipal corporations, church and charitable associations, which furnish, to persons seeking employment, information enabling or tending to enable such persons to secure the same, or which furnish, to employers seeking laborers or help of any kind, information enabling or tending to enable such employers to secure such help, or shall keep a register of persons seeking employment or help as aforesaid, whether such agents conduct their operations in a fixed place of business, on the streets, or as transients, and also whether such operations constitute the principal business of such agents or only as a side line or incidental to other business.(1929, c. 12, §4.)

§5. Rules and Regulations Prescribed by Commissioner of Labor.—The commissioner of labor shall prescribe such rules and regulations as may be necessary for the supervision of employment agents.(1929, c. 12, §16.)

§6. False Statements or Withholding of Information Prohibited.—No employment agent or any employee or agent thereof, shall make any false statement to any person seeking employment knowing the same to be false, in regard to any employment, work or situation, its nature, location, duration, wages or salary attached thereto, or the circumstances surrounding such employment, work or situation. No employment agent shall falsely or fraudulently offer or represent himself as in a position to secure or furnish employment without having an order therefor from an employer; and no employment agent shall misrepresent any other material matter in connection with any employment, work or situation he may offer or represent himself in a position to secure, nor shall he withhold any information furnished by the employer concerning any work.(1929, c. 12, §5.)

§7. License; Annual Tax.—No employment agent shall engage in the business for profit or receive any fee, charge commission or other compensation, directly or indirectly, for services as employment agent, without first having obtained a license therefor from the state tax commissioner. Such license shall not be issued until the commissioner of labor shall have approved in writing the application therefor, and, when issued, such license shall constitute a license from the State to operate as an employment agent for compensation and shall not be transferable. Such license shall at all times be kept posted in a conspicuous place at the place of business of such employment agent. Every employment agent shall pay the annual license tax provided for in article twelve, chapter eleven of this Code.(1929, c. 12, §§6, 12.)

§8. Licenses Issuable Only to Citizens of the United States.—License to operate as an employment agent shall be issued only to citizens of the United States.(1929, c. 12, §8.)

§9. Refusal to Issue License.—The state tax commissioner shall refuse to issue a license if, upon investigation, he finds that the applicant is unfit to engage in the business or has had a license previously revoked, or that the business is to be conducted on or immediately adjoining what is considered by him to be unsuitable premises, or that any other good reason exists within the meaning of the law.(1929, c. 12, §9.)

§10. Revocation of License.—The state tax commissioner may revoke any license issued under the provisions of this article, with or without hearing, and may order such license to be returned for cancellation, if the employment agent has violated any of the provisions of this article or the rules and regulations issued there under, or if any cause appears for which a license might have been refused, or if the commissioner of labor shall, in writing, report to the tax commissioner any such violation or cause.(1929, c, 12, §10.)

§11. Records to be Kept; Reports to Commissioner of Labor.—A record of all persons directed to employment shall be kept by every employment agent; such records shall set forth the name, age, nationality and material statement of each applicant, and also the name of the employer, kind of work and pay. A copy of this record for each month shall be sent to the commissioner of labor on or before the tenth day of the month immediately succeeding the month covered by such record. Every employment agent shall file with the commissioner of labor a copy of the schedule of all fees and such other notices or information as the commissioner may require and in such form and manner as he may prescribe.(1929, c. 12, §§11, 12.)

§12. Commissioner of Labor May Enter Office and Examine Records.—For the purpose of enforcing this article and the rules and regulations issued thereunder, the commissioner of labor, or his duly authorized agent, may at any time enter any employment office, or place of business of an employment agent or any premises occupied as an employment office, and may inspect the registers, cards or other records of such employment agent.(1929, c. 12, §13.)

§13. No Employment in Violation of Child Labor or Compulsory School Attendance Laws.—No employment agent shall furnish employment to any child in violation of the law regulating the labor of children or their compulsory attendance at school.(1929, c. 12, §14.)

§14. Offenses; Penalties.—Any employment agent, as defined in this article, carrying on the business of an employment agency, without first fully complying with the provisions thereof, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be fined not less than one hundred nor more than five hundred dollars for each offense, or the person, or any member of a firm, or the officer or agent of any corporation, so acting as employment agent may be imprisoned not less than thirty days nor more than six months, or both, at the discretion of the court; and any such employment agent violating any other provision of this article or any rule or regulation prescribed by the commissioner of labor pursuant to the provisions of this article, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty nor more than two hundred dollars, or the person or any member of a firm or the officer or agent of any corporation so violating, may be imprisoned for not more than thirty days, or both fined and imprisoned. A justice of the peace shall have concurrent jurisdiction with the circuit court and other courts having criminal jurisdiction for the trial of offenses under this article.(1929, c. 12, §15.)

§15. Exemptions from Provisions of Article.—Nothing contained in this article shall apply to, nor prevent or interfere with, any person, firm, corporation or association employing labor for his, their or its business carried on in this State.(1929, c. 12, §17.)

§1. Construction, Equipment and Operation of Factories, Etc.; Report of Accidents; Factory Inspectors; Inspection Districts.—All rooms, buildings and places in this State where labor is now or shall hereafter be employed, in any factories, mercantile establishments, mills or workshops, shall be so constructed, equipped, arranged, operated and conducted, in all respects, as to provide reasonable and adequate protection for the life, health, safety and morals of all persons employed therein. When an accident occurs in any factory, mercantile establishment, mill or workshop, causing an employee, from the nature of the accident, to be away from his or her duties for a period of ten consecutive days, a report of such accident shall be made to the department of labor on blanks to be furnished by the commissioner of labor. If death occurs, report shall be made within ten days thereafter. For the carrying into effect of these provisions, and the provisions of all the laws of this State, the enforcement of which is now or shall hereafter be intrusted to or imposed upon the department of labor, the commissioner of labor shall appoint six factory inspectors. The commissioner of labor may at any time divide the State into such inspection districts as to him may seem advisable and assign the inspectors to the several districts.(1915, c. 12, §6; 1919, c. 30, §6; Code 1923, c. 15H, §6; 1923, c. 48, §6.)

§2. Machinery and Dangerous Places.—All power driven machinery, including all saws, planers, wood shapers, jointers, sandpaper machines, iron mangles, emery wheels, ovens, furnaces, forges and rollers of metal; all projecting set screws or moving parts; all drums, cogs, gearing, belting, shafting, fly wheels and flying shuttles; all laundry machinery, mill gearing and machinery of every description; all vats or pans and all receptacles containing molten metal or hot or corrosive fluids in any factory, mercantile establishment, mill or workshop, shall be so located, whenever possible, as not to be dangerous to employees, or, where possible shall be properly inclosed, fenced or otherwise protected. All dangerous places, in or about mercantile establishments, factories, mills or workshops, near to which any employee is obliged to pass or to be employed, shall, where practicable, be properly inclosed, fenced or otherwise guarded. No machine in any factory, mercantile establishment, mill or worshop, shall be used when the same is known to be dangerously defective, and no repairs shall be made to the active mechanism or operative part of any machine, when the machine is in motion. The state commissioner of labor is authorized to adopt the codes promulgated by the American standards association and approved by the United States department of labor, relating to the construction of scaffolding, hoists and temporary flooring of buildings two or more stories in height, in the course of erection. All factories, mills or workshops employing five or more people in the mechanical department shall keep on hand, easily accessible, necessary first aid equipment recommended by the bureau of labor and approved by the state health department.(1901, c. 19, §1; 1919, c. 30, §59; Code 1923, c. 15H, §59; 1929, c. 83.)

§3. Shafts, Hatchways, Wheel Holes, Elevators, Electrical Apparatus.—All hoistways, hatchways, elevator wells and wheel holes in factories, mercantile establishments, mills or workshops, shall be securely fenced, inclosed or otherwise safely protected, and due diligence shall be used to keep all such means of protection closed, except when it is necessary to have the same open in order that such hatchways, elevators or hoisting apparatus may be used. All elevator cabs or cars, whether used for freight or passengers, shall be provided with some device, whereby the car or cab may be held, in the event of accident, to the shipper rope or hoisting machinery or controlling apparatus. If any elevator, machine, electrical apparatus or system of wiring, or any part or parts thereof, in any factory, mercantile establishment, mill or workshop, are in an unsafe condition, or are not properly guarded, where reasonable to guard the same, the owner, or lessee, or his agent, superintendent or other person in charge thereof, shall, upon notice from the commissioner of labor or factory inspector, remedy such unsafe condition within a reasonable time after receiving such notice.(1901, c. 19, §2; 1919, c. 30, §61; Code 1923, c. 15H, §61.)

§4. Removal of Safeguards.—No person shall remove or make ineffective any safeguard required by this article, during the active use or operation of the guarded machine or device, except for the purpose of immediately making repairs thereto, and all such safeguards so removed shall be promptly replaced.(1919, c. 30, §60; Code 1923, c. 15H, §60.)

§5. Control of Machinery.—In every factory, mercantile establishment, mill or workshop, effective means shall be provided for immediately disconnecting the power, so that in case of need or accident any particular machine, group of machines, room or department, can be promptly and effectively shut down. Where machines require to be started and stopped frequently, they shall, wherever practicable, be provided with tight and loose pulleys, clutch or other effective disengaging device. When provided with tight and loose pulleys, the shifting of the belt shall be accomplished by the use of a belt shifter, placed within easy reach of the operator. When a clutch or other disengaging device is used, an effective means for throwing such device into or out of engagement shall be provided, and shall be placed within easy reach of the operator. Where machines are directly connected with the prime mover (electric motor, steam, gas or gasoline engine, or other source of power), a switch, throttle, or other power controlling device shall be furnished and shall be placed within easy reach of the operator or his coworker. Where machines are arranged in groups, rooms or departments, and power is supplied by a prime mover, located within the confines of such group, rooms or department, a switch, throttle, or other controlling device shall be furnished, and shall be placed within easy reach of the operators affected, so that all shafting, transmitting machinery and machines of such group, room or department, can be simultaneously shut down. Where machines are arranged in groups, rooms or departments, and are supplied by power through the use of main or line shafts receiving power from some prime mover located without the group, room or department, the power receiving wheel or such main or line shaft shall, wherever possible, be provided with a friction clutch, or other effective power disengaging device, with suitable means for operating the clutch, or power disengaging device, and these means shall be placed within the confines of such group, room or department, and within easy reach of employees or operatives affected, so that all machines, shafting and other transmission machinery within such group, room or department, can be simultaneously shut down. In addition to such safeguard, communication, consisting of speaking tubes, electric bells, electric colored lights, or other approved and effective means, shall be provided in all cases covered by this section between each such group, room or department and the room in which the engineer or prime mover is located, so that in case of need or accident the motive power of such group, room or department can be promptly stopped or controlled.(1919, c. 30, §60; Code 1923, c. 15H, §60.)

§6. Stairways, Passageways, Lights; Overloading Floors or Walls.—In all factories, mercantile establishments, mills or workshops, proper and substantial handrails shall be provided on all stairways, and the treads thereon shall be so constructed as to furnish a firm and safe foothold. A proper light shall be kept burning by the owner or lessee in all main passageways, main hallways, at all main stairs, main stair landings and shafts, and in front of all passenger or freight elevators, upon the entrance floors, and upon other floors, on every workday of the year, from the time the building is open for use until it is closed, except at times when the influx of natural light shall make artificial light unnecessary. No floor space or any work room in any factory, mercantile establishment, mill or workshop, shall be so overloaded with machinery or other materials as thereby to cause serious risk to or endanger the life or limb of any employee, nor shall there be permitted in any such establishment a load in excess of the safe sustaining power of the floors and walls thereof. Machines shall not be placed so close together as to be a serious menace to those who have to pass between them. Passageways shall be of ample width, well lighted and free from obstruction.(1919, c. 30, §65; Code 1923, c. 15H, §65.)

§7. Steam Boilers.—The commissioner of labor or factory inspector shall have authority to inspect steam boilers in this State. Any person owning or operating steam boilers shall provide the same with a steam gauge, safety valve and water gauge and keep the same in good order. Any person neglecting so to do shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty nor more than one hundred dollars.(1919, c. 30, §67a; Code 1923, c. 15H, §67a.)

§8. Smoking Where Prohibited by Signs; Penalty.—Every person who shall light a pipe, cigar or cigarette in, or who shall enter with a lighted pipe, cigar or cigarette, any factory, mercantile establishment, mill or workshop in which is posted in a conspicuous place over and near each principal entrance a notice in plain English letters, stating that no smoking is allowed in such building, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty nor more than one hundred dollars for each separate offense.(1919, c. 30, §67a; Code 1923, c. 15H, §67a.)

§9. Fire Escapes.—In all factories, mercantile establishments, mills or workshops, sufficient and reasonable means of escape in case of fire shall be provided, and such means of escape shall at all times be kept free from any obstruction and shall be kept in good repair and ready for use, and shall be plainly marked as such. The commissioner of labor or factory inspector may order fire escapes erected on the outside of buildings used as factories, mercantile establishments, mills or workshops which are two or more stories in height, whenever deemed by the commissioner of labor or factory inspector to be necessary.(1919, c. 30, §64; Code 1923, c. 15H, §64.)

§10. Food or Meals in Factories.—No employee shall take or be allowed to take food into any room or apartment in any factory, mercantile establishment, mill or workshop, where white lead, arsenic, or other poisonous substances, or injurious or noxious fumes, dusts or gases under harmful conditions are present as the result of the business conducted by such factory, mercantile establishment, mill or workshop, and notice to this effect shall be posted in each room or apartment. Employees shall not remain in any such room or apartment during the time allowed for meals, and suitable provisions shall be made and maintained by the employer, when practicable, for enabling the employees to take their meals elsewhere in such establishment.(1919, c. 30, §62; Code 1923, c. 15H, §62.)

§11. Seats for Female Employees.—Every person, firm or corporation employing females in any factory, mercantile establishment, mill or workshop in this State shall provide a reasonable number of suitable seats for the use of such female employees, and shall permit the use of such seats by them when they are not necessarily engaged in active duties for which they are employed, and shall permit the use of such seats at all times when such use would not actually and necessarily interfere with the proper discharge of the duties of such employees, and, where practicable, such seats shall be made permanent fixtures and may be so constructed or adjusted that, when not in use, they will not obstruct such female employee when engaged in the performance of her duties.(1901, c. 19, §4; 1919, c. 30, §63; Code 1923, c. 15H, §63.)

§12. Water Closets.—Every factory, mercantile establishment, mill or workshop shall be provided with a sufficient number of water closets, and whenever both male and female persons are employed, separate water closets shall be provided for the use of each sex, and plainly marked by which sex they are to be used. No person or persons shall be allowed to use the closets assigned to the opposite sex. Such water closets shall be constructed in an approved manner and properly enclosed, and at all times kept in a clean and sanitary condition. The closets, where practicable, shall be located so that they shall have direct ventilation with the outside air. Where it is impracticable to locate the closets so as to have direct ventilation with the outside air, they shall be placed in an inclosure, and every such closet shall be properly and effectively disinfected and separately ventilated, and shall be properly lighted by artificial light, except when the influx of natural light makes artificial light unnecessary.(1901, c. 19, §3; 1919, c. 30, §66; Code 1923, c. 15H, §66.)

§13. Washing and Dressing Rooms.—In all factories, mercantile establishments, mills or workshops, adequate washing facilities shall be provided for the employees, where necessary. When the labor performed by the employees is of such a character as to make customary or necessary a change of clothing by the employees, there shall be provided a sanitary and suitable dressing room or rooms. Separate dressing rooms and washing facilities shall be maintained for each sex.(1901, c. 19, §3; 1919, c. 30, §67; Code 1923, c. 15H, §67.)

§14. Offenses Under Article; Penalties; Jurisdiction of Justice; Limitation of Article.—Any person, firm or corporation, or any agent, manager or superintendent of any person, firm or corporation, who, for himself or for such person, firm or corporation, shall violate any of the foregoing provisions of this article, or who omits or fails to comply with any of such provisions, or who disregards any notice of the commissioner of labor or a state factory inspector, when such notice is given in accordance with the provisions of this article, or who obstructs or interferes with any examination or investigation being made by the commissioner of labor or a state factory inspector under this chapter; or any employee in any such factory, mercantile establishment, mill or workshop, who shall remove or interfere with any guard or protective or sanitary device required by the provisions of this article, except as hereinbefore provided, or who shall violate any of the other provisions of this article, where penalties are not otherwise provided, shall be guilty of a misdemeanor, and, upon conviction thereof for the first offense, shall be fined not less than ten nor more than fifty dollars; and, upon conviction of the second or subsequent offense, shall be fined not less than twenty-five nor more than two hundred dollars. A justice of the peace shall have concurrent jurisdiction with the circuit court and other courts having criminal jurisdiction in his county for the trial of offenses under this article. Those portions of all coal mining properties and operations under the supervision of the department of mines are excepted from the provisions of this article.(1901, c. 19, §6; 1919, c. 30, §67d; Code 1923, c. 15H, §67c.)

§15. Records and Reports.—The commissioner of labor, inspectors and chief clerk shall make and keep full and proper record of all their expenses, and of inspections and statistics as to conditions, changes and improvements made for the safety and welfare of employees affected by this article; and the commissioner of labor shall submit a proper report thereof to the governor, as provided in section four, article one of this chapter.(1919, c. 30, §67e; Code 1923, c. 15H, §67d.)

§16. Inclosure of Street Car Platforms; Penalty.—It shall be unawful for any person, firm or corporation owning or operating a street railway in this State, or for any officer or agent thereof having charge or control of the management of such line or railway, or the cars thereof, operating electric, cable or other cars propelled either by steam, cable or electricity, which require the constant services, care or attention of any person or persons upon the platforms of any such car, to require or permit such services, attention or care by any of its employees, or any other person or persons, unless such person, firm or corporation, its officers or superintending or managing agents, have first provided the platforms of such car with a proper and sufficient inclosure constructed of wood, iron, glass or similar suitable material, sufficient to protect such employees from exposure to the winds and inclemencies of the weather.

Any person, firm or corporation who violates the provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty nor more than one hundred dollars. Each day that such person, firm or corporation causes any of its employees to operate such car or cars in violation of the aforesaid provisions, or causes a car or cars to be used or operated in violation thereof, shall be deemed a separate offense: Provided, That the provisions of this section shall not apply to cars used and known as trailing cars.(1901, c. 8, §§1, 3; 1909, c. 74, §§1, 2; Code 1923, c. 15H, §§68, 69.)

§1. Hours of Labor for Telephone and Telegraph Operators on Railroads; Penalty.—It shall be unlawful for any person, association or corporation operating a railroad within this State to permit any person employed by it on such railroad, in the capacity of telephone or telegraph operator, whose duty it is to space or block trains or engines, or handle train orders governing the movement of trains or engines, or handle interlocking switches governing the movement of trains or engines, to be on duty more than eight hours in any twenty-four consecutive hours: Provided, That the provisions of this section shall apply only to such parts of a railroad where three or more passenger trains pass each way in twenty-four consecutive hours, or where ten or more freight trains pass each way in twenty-four consecutive hours, or at any office where such telegraph or telephone operators are employed twenty or more hours in twenty-four consecutive hours: Provided further, That in case of necessity caused by the sickness or death of any such operators, or by an accident on. such railroad, such telephone and telegraph operators may be permitted to be on duty for a period of twelve consecutive hours in any twenty-four consecutive hours, but such extension of time shall extend only for a period long enough to enable such railroad company to supply the required number of operators at such office, and shall in no case extend over a period of more than two days, nor shall it be lawful for any such telegraph or telephone operator to be on duty twelve consecutive hours in any twenty-four consecutive hours for more than three times in any calendar month. Nothing in this section shall prevent any such company and operator from agreeing to a longer day than eight hours, but in no ease shall any such operator be permitted to be on duty longer than twelve consecutive hours in any twenty-four consecutive hours under such agreement.

Any person, association or corporation violating the provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined one hundred dollars for the first offense, and for each subsequent offense shall be fined three hundred dollars.(1907, c. 59, §§1, 2; Code 1923, c. 54, §71h.)

§2. Hours of Labor on State Public Works; Penalty.—The service and employment of all laborers and mechanics who now are or hereafter may be employed by or on behalf of this State, or by any contractor or subcontractor, upon any of the public works of the State, is hereby limited and restricted to eight hours in any one calendar day, except in cases of extraordinary emergency; and it shall be unlawful for any officer of the State, or any such contractor or subconstractor, whose duty it shall be to employ, direct or control the service of such laborers or mechanics, to require or permit any such laborers or mechanics to work more than eight hours in any calendar day, except as here inbefore provided.

Any officer or agent of the State, or any contractor or subcontractor, whose duty it shall be to employ, direct or control any laborer or mechanic employed upon any of the public works of the State, who shall intentionally violate any provision of this section, shall be deemed guilty of a misdemeanor, and for each and every such offense shall, upon conviction, be fined not to exceed one thousand dollars, or imprisoned for not more than six months, or both fined and imprisoned, in the discretion of the court having jurisdiction thereof.(1899, c. 17, §§2, 3; Code 1923, c. 15R, §§2, 3.)

§1. Semimonthly Payment of Wages by Railroads; Penalty.—Every railroad company, authorized to do business by the laws of the State of West Virginia, shall, on or before the first day of each month, pay the employees thereof the wages earned by them during the first half of the preceding month, ending with the fifteenth day thereof; and on or before the fifteenth day of each month, pay the employees thereof the wages earned by them during the last half of the preceding calendar month: Provided, That if, at any time of payment, any employee shall be absent from his regular place of labor, and shall not receive his wages through a duly authorized representative, he shall be entitled to such payment at any time thereafter upon demand upon the proper paymaster at the place where such wages are usually paid and where the next pay is due, and the proper mailing in the United States post office of such payment in time to reach the usual post office of the employee by the time aforesaid, in the usual course of the mails, shall be a compliance with this section. Any such railroad company which shall violate any of the provisions of this section shall forfeit and pay the sum of twenty-five dollars for each violation thereof which shall be proved, to be recoverable in any court having jurisdiction, by suit, in the name of the State, to be instituted by the prosecuting attorney, upon complaint of the party injured by such violation, and in the county of his residence, and all penalties so recovered shall be paid into the general school fund of the State: Provided, That suit shall be commenced within sixty days from the date such wages became payable according to the tenor of this section.(1917, c. 50, §1; Code 1923, c. 54, §71n.)

§2. Contracts Contrary to Preceding Section; Assessments for Relief or Other Purposes.—It shall not be lawful for any railroad company to enter into or make any agreement with any employee for the payment of wages of any such employee otherwise than as provided in section one of this article, except it be to pay such wages at shorter intervals than therein provided. Every agreement made in violation of this section shall be deemed to be null and void, and it shall not be a defense to the suit for the penalty provided for in section one of this article; and each and every employee with whom any agreement in violation of this section shall be made by such railroad company shall have his right of action against such railroad company for the full amount of his wages in any court of competent jurisdiction in this State: Provided, That nothing in this section shall be so construed as to interfere with the right to withhold from the wages of the employees all assessments becoming due to any relief department, hospital association, savings department, or any other department or association maintained by any such railroad company or its employees.(1917, c. 50, §2; Code 1923, c. 54, §71o.)

§3. Payment of Wages by Employers Other Than Railroads; Assignment of Wages.—Every person, firm or corporation doing business in this State, except railroad companies as provided in section one of this article, shall settle with its employees at least once in every two weeks, unless otherwise provided by special agreement, and pay them the amount due them for their work or services in lawful money of the United States, or by the cash order as described and required in the next succeeding section of this article: Provided, however, That if, at any time of payment, any employee shall be absent from his regular place of labor and shall not receive his wages through a duly authorized representative, he shall be entitled to such payment at any time thereafter upon demand upon the proper paymaster at the place where such wages are usually paid and where the next pay is due.

Nothing herein contained shall affect the right of an employee to assign the whole or any part of his claim against his employer.(1887, c. 63, §§1, 2; Code 1923, c. 15H, §§75, 76.)

§4. Payment of Wages by Nontransferable Orders Payable in Merchandise.—Any person, firm or corporation engaged in any trade or business, either directly or indirectly, may issue, sell, give or deliver, upon the request of any employee of such person, firm or corporation, to such employee as a medium of credit, in pay ment for labor performed or to be performed, nontransferable script, tokens, drafts, orders or coupons, payable and redeemable in merchan dise only by the employee to whom issued: Provided, That the issuance of any such nontransferable scrip, token, draft, order or coupon by any such person, firm or corporation, shall be construed, taken and held in all courts and places to be a promise to pay, by the person, firm or corporation issuing the same, to the employee to whom issued, in lawful money of the United States or by check, upon demand and surrender by said employee of such scrip or any unused portion thereof, at the regular settlement day or pay day when the same would have been due in cash had not such order, scrip or token been issued. Any person, firm or corporation failing and refusing to pay the employee to whom is issued such nontransferable scrip, token, draft, order or coupon, or any unused portion of the same, for which labor has been performed, on such regular settlement day or pay day, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than twenty nor more than fifty dollars, and for a second or a subsequent offense shall be fined not less than twenty-five nor more than one hundred dollars.(1891, c. 76, §1; Code 1923, c. 15H, §80; 1925, c. 87; 1927, c. 37.)

§5. Coercion of Employees to Purchase Merchandise in Payment of Wages; Penalty; Sale of Merchandise for More Than Prevailing Cash Value.—If any corporation, company, firm or person shall coerce or compel, or attempt to coerce or compel, an employee in its, their or his employment to purchase goods or supplies in payment of wages due him, or to become due him, or otherwise, from any corporation, company, firm or person, such first named corporation, company, firm or person shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished as provided in the next preceding section. And if any such corporation, company, firm or person shall, directly or indirectly, sell to any such employee in payment of wages due or to become due him, or otherwise, goods or supplies at prices higher than the reasonable or current market value thereof at cash, such corporation, company, firm or person shall be liable to such employee, in a civil action, in double the amount of the charges made and paid for such goods or supplies, in excess of the reasonable or correct value thereof in cash.(1891, c. 76, §2; Code 1923, c. 15H, §81.)

§6. Refusal to Pay Wages or Redeem Orders.—If any person, firm or corporation shall refuse for the period of twenty days to settle with and pay any of its employees at the intervals of time as provided in section three of this article, or shall neglect or refuse to redeem any cash orders provided for in this article, within the time specified, if presented, and suit be brought for the amount overdue and unpaid, judgment for the amount of such claim proven to be due and unpaid, with legal interest thereon until paid, shall be rendered in favor of the plaintiff in such action; and, if the laborer continues to hold the cash order herein provided for, given for payment of labor, in case of the insolvency of the person, firm or corporation giving same, such laborer shall not lose his lien and preference under existing laws.(1887, c. 63, §5; Code 1923, c. 15H, §79.)

§7. Collection of Wages on Discharge; Lien; Limitation of Section.—Whenever any employer of labor shall discharge his or its employees without first paying them the amount of any wages or salary then due them in cash, lawful money of the United States, or its equivalent, or by check or draft, within seventy-two hours after demand, or shall fail or refuse to pay them in like money, or its equivalent, or by check or draft, the amount of any wages or salary at the time the same becomes due and owing to them under their contract of employment, whether employed by the hour, day, week or month, each of his or its employees so discharged may charge and collect wages in the sum agreed upon in the contract of employment for each day his employer is in default, until he is paid in full, without rendering any service there for: Provided, however, That he shall cease to draw such wages or salary thirty days after such default. Every employee shall have such lien and all other rights and remedies for the protection and enforcement of such salary or wages, as he would have been entitled to had he rendered service therefor in manner as last employed. This section shall not apply in ease of bankruptcy, assignment or other legal disability of the employer to pay for any wages so due and owing, or in case of shut down or other cessation of operations.(1919, c. 30, §67c; Code 1923, c. 15H, §67b.)

§8. Checkweighman Where Wages Depend on Production.—Where the amount of wages paid to any of the persons employed in any manufacturing, mining, or other enterprise employing labor, depends upon the amount produced by weight or measure, the persons so employed may, at their own cost, station or appoint at each place appointed for the weighing or measuring of the products of their labor a checkweighman or measurer, who shall in all cases be appointed by a majority ballot of the workmen employed at the works where he is appointed to act as such checkweighman or measurer.(1901, c. 20, §1; Code 1923, c. 15H, §55.)

§1. Employment of Children Under Fourteen.—No child under fourteen years of age shall be employed, permitted or suffered to work in, about, or in connection with any gainful occupation except agriculture or domestic service: Provided, That boys twelve years of age or over may be employed in mercantile establishments and business offices outside of school hours, if they obtain a special work permit from the school authorities as hereinafter provided.

It shall be unlawful for any person, firm or corporation to employ or permit any child, under fourteen years of age to work in any business or service whatever during any of the hours when the public schools of the school district in which the child resides are in session.(1887, c. 11, §1; 1891, c. 15, §1; 1905, c. 75, §1; 1911, c. 60, §1; 1919, c. 17, §1; Gode 1923, c. 15H, §71.)

§2. Employment of Children Under Sixteen in Certain Occupations; How Determined; Appeal to Supreme Court.—No child under the age of sixteen years shall be employed, permitted, or suffered to work in any occupation dangerous to the life or limb, or injurious to the health or morals of such child. The state commissioner of labor, the state commissioner of health, and the state superintendent of free schools may, from time to time, after hearing duly had, determine whether or not any particular trade, process of manufacture, or occupation in which the employment of children under the age of sixteen years is not already forbidden by law, or any particular method of carrying on such trade, process of manufacture, or occupation, is sufficiently dangerous to the lives or limbs, or injurious to the health or a morals, of children under sixteen years of age to justify their exclusion therefrom. No child under sixteen years of age shall be employed or permitted to work in any occupation thus determined to be dangerous or injurious to such children. There shall be a right of appeal to the supreme court of appeals from any such determination.

No child under the age of sixteen years shall be employed or permitted to work in any mine, quarry, tunnel or excavation. No child under the age of sixteen years shall be apprenticed, given away, let out, or otherwise disposed of to any person or company to engage in the occupation or service of rope or wire walker, gymnast, contortionist, circus rider, acrobat or clown, nor in any indecent, obscene or immoral exhibition or practice; and it shall be unlawful for any person, firm or corporation, to take, receive or employ such child for any of the purposes or occupations mentioned in this paragraph.(1911, c. 60, §2; 1919, c. 17, §2; Code 1923, c. 15H, §72.)

§3. Issuance of Work Permit; Vacation Work Permit; Special Work Permit.—No child between the ages of fourteen and sixteen years shall be employed or permitted to work in any gainful occupation, unless the person, firm or corporation by whom such child is employed or permitted to work, obtains and keeps on file and accessible to officers charged with the enforcement of this article, a work permit issued by the superintendent of schools of the city or county in which such child resides, or by some person authorized by him in writing. Before any such work permit has been issued, it shall be necessary to obtain in writing the consent of the parent or parents, guardian or custodian of such child. Whenever such work permit has been issued, or wherever an age certificate has been issued under the provisions of section five of this article, it shall be conclusive as to the age of the child on whose behalf such work permit or age certificate was issued. The superintendent of schools or person authorized by him in writing shall issue such work permit only upon receipt of the following documents:

Proof of Prospective Employment.—A written statement, signed by the person for whom the child expects to work, that he intends legally to employ such child and agrees to return the work permit to the issuing officer within two days after the termination of such child’s employment;

Proof of Age.—(a) A birth certificate or attested transcript thereof issued by the registrar of vital statistics or other officer charged with the duty of recording births; or

(b) A record of baptism or a certificate or attested transcript thereof showing the date of birth and place of baptism of the child; or

(c) A bona fide contemporary record of the date and place of the child’s birth kept in the Bible in which the records of the births of the family of the child are preserved, or other documentary evidence approved by the state commissioner of labor, such as a passport showing the age of the child, a certificate of arrival in the United States issued by the United States immigration officers and showing the age of the child, or a life insurance policy: Provided, That such other satisfactory documentary evidence shall have been in existence at least one year prior to the time it is offered in evidence: Provided further, That a school record or parent’s, guardian’s or custodian’s affidavit, certificate, or other written statement of age alone shall not be accepted;

(d) A certificate signed by the public health physician or a public school physician specifying what in the opinion of such physician is the physicial age of the child. Such certificate shall show the height and weight of the child and other facts concerning its physical development revealed by examination and upon which the opinion of the physician as to the physical age of the child is based. In determining such physical age the physician shall require that the school record or the school census record showing the child’s age be submitted as supplemenetary evidence.

The issuing officer shall require first the proof specified in subdivision (a) and shall not accept the proof designated in any subsequent subdivision until he shall be convinced that the proof specified in the preceding subdivision can not be obtained;

Proof of Schooling.—A certificate signed by the principal of the school last attended showing that the child can read and write correctly simple sentences in the English language and that he has satisfactorily completed the studies covered in the first six yearly grades of the elementary public schools, or their equivalent. In case such certificate cannot be obtained, then the officer issuing the work permit shall examine such child to determine whether he can meet the educational standard specified and shall file in his office a statement setting forth the result of such examination: Provided, That the superintendent of schools or person authorized by him in writing shall have authority and is hereby empowered to issue a vacation work permit to children fourteen years of age or over without requiring a statement that the child has completed the sixth grade of the elementary course of study, or its equivalent, as hereinbefore provided. Such vacation work permit shall be different in form and color from the regular work permit and shall be valid only during the time when the public schools of the district in which the child resides are not in session. Every vacation work permit shall be null and void on the day the public schools open for regular session: Provided further, That the superintendent of schools or person authorized by him in writing shall have authority and is hereby empowered to issue a special work permit to any boy twelve years of age or over to work in business offices and mercantile establishments outside of school hours without requiring a statement that he has completed any school grade whatsoever;

Proof of Physical Fitness.—A certificate signed by a medical inspector of schools or public health officer stating that the child has been examined by him and in his opinion has reached the normal development of a child of its age, and is in sound health and physically able to be employed in the occupation in which the child intends to engage.(1911, c. 60, §2; 1919, c. 17, §3; Code 1923, c. 15H, §73; 1927, c. 38.)

§4. Contents of Permit; Forms; Filing; Revocation.—The work permit mentioned in the foregoing section shall set forth the full name, the date and place of birth of the child, with the name and address of his parents, guardian or custodian, and shall certify that the child has appeared before the officer issuing the permit and submitted the proofs of age, physical fitness, schooling and prospective employment required in the foregoing section. Printed forms for such permits and certificates shall be prepared and furnished by the state commissioner of labor to the superintendent of schools in the cities and counties of the State. A copy of each permit issued shall be forwarded to the state commissioner of labor within four days after its issuance, and there shall be kept in the office of the issuing officer a record of all permits granted and of all applications denied as well as all certificates of age, schooling, physical fitness and prospective employment submitted by the applicants for permits. The state commissioner of labor may at any time revoke a permit if in his judgment it was improperly issued, and for this purpose he is authorized to investigate the true age of any child employed, to hear evidence, and to require the production of relevant books or documents. If the permit be revoked, the issuing officer and the person employing the child at the time shall be notified of such action, and the child shall not thereafter be employed or permitted to labor until a new permit has been legally obtained.(1911, c. 60, §2; 1919, c. 17, §4; Code 1923, c. 15H, §74.)

§5. Age Certificate for Employer; Inquiry as to Age; Revocation of Certificate; Supervision by State Superintendent of Schools.—Upon the request of any employer who is desirous of employing a child who represents his or her age to be sixteen years or over, the local officer charged with the issuance of work permits shall require of such child the proof of age specified in section three of this article, and, upon receipt thereof, if it be found that the child is actually sixteen years of age or over, shall issue to such employer a certificate showing the age and date and place of birth of such child. Such age certificate, when filed in the office of the employer, shall be accepted by the officer charged with the enforcement of this article as evidence of the age of the child in whose name it was issued. Any officer charged with the enforcement of this article may inquire into the true age of a child apparently under the age of sixteen years who is employed or permitted to work in any gainful occupation and for whom no work permit or age certificate is on file, and if the age of such child be found to be actually under sixteen years, the presence of such child in such establishment shall be deemed a violation of the provisions of this article. The state commissioner of labor may at any time revoke any such age certificate if in his judgment it was improperly issued, and for this purpose he is authorized to investigate the true age of any child employed as in the case of work permits. The issuance of work permits and of age certificates shall be under the supervision of the state superintendent of free schools, who shall seek at all times to standardize this work.(1919, c. 17, §5; Code 1923, c. 15H, §74a.)

§6. Inmates of Industrial Home or School.—It shall be unlawful for superintendents or other persons in whose custody children of the West Virginia industrial school for boys, West Virginia industrial home for girls, West Virginia industrial school for colored boys, and West Virginia industrial home for colored girls, are placed to permit such children to be employed in the factories or workshops outside of these institutions without first securing for them the permits required by this article.(1921, c. 145, §1; Code 1923, c. 15H, §73a.)

§7. Hours and Days of Labor by Minors; Duty of Employer to Post Notice Thereof.—No child under the age of sixteen years shall be employed or permitted to work in, about, or in connection with, any gainful occupation, except agriculture or domestic service, for more than six days in any one week, nor more than forty-eight hours in any week, nor more than eight hours in any one day, nor before the hour of six o’clock in the morning, nor after the hour of seven o’clock in the evening of any day. Every employer shall post and keep posted in a conspicuous place in every room where any child between the ages of fourteen and sixteen years is employed or permitted to work, a printed notice setting forth the maximum number of hours such person may be required or permitted to work each day of the week, the hours beginning and ending work each day, and the time allowed for meals. The printed form of such notice shall be furnished by the state commissioner of labor, and the employment of such child for a longer time in any day than so stated, or at any time other than as stated in such printed notice, shall be deemed a violation of the provisions of this section.(1919, c. 17, §6; Code 1923, c. 15H, §74b.)

§8. Officers for Enforcement of This Article.—It shall be the duty of the state commissioner of labor, his assistants, factory inspectors, school truancy officers and accredited agent of the humane society, to enforce the provisions of this article: Provided, however, That the provisions relating to the employment of children in mines shall be enforced by the state department of mines, said department to make complaint against any person, firm or corporation violating any of the provisions of this article, and to prosecute the same before any magistrate or court of competent jurisdiction.(1905, c. 75, §3; 1911, c. 60, §4; 1919, c. 17, §7; Code 1923, c. 15H, §74c.)

§9. Offenses; Penalty.—Any person or agent or representative of any firm or corporation, who violates any of the provisions of this article, or any parent, guardian, or custodian of any child, who permits such child to work in violation of any of the provisions of this article, or any superintendent of county or city schools who illegally issues a work permit to a child or any person who furnishes false evidence in reference to the age, birthplace or educational qualifications of a child, shall be guilty of a misdemeanor, and, upon conviction thereof, shall, for a first offense, be fined not less than twenty nor more than fifty dollars; for a second offense, shall be fined not less than fifty nor more than two hundred dollars, or imprisoned for not more than thirty days, or both fined and imprisoned; and for a third or subsequent offense, shall be fined not less than two hundred dollars, or imprisoned for not more than sixty days, or both fined and imprisoned.(1887, c. 11, §2; 1905, c. 75, §2; 1911, c. 60, §3; 1919, c. 17, §8; Code 1923, c. 15H, §74d.)