Labor laws and decisions of the State of New York

Preface To Labor, Laws And Decisions

In preparing this work for the press, an attempt has been made to arrange, systematize and summarize this branch of the law.

This " Labor, Laws and Decisions," is one of the few exceptions to the general rule, that books which discuss the principles that lie at the. basis of the law relating to any particular subject, are only useful to and properly valued by members of the legal profession, and its contents should be familiar to every one in any way connected with this wide subject.

Hoping that it will help to satisfy a long felt want, this book is dedicated to the public by

The Author.

Troy, N. Y., November, 1904.

PEEFACE TO LABOR, LAWS AND DECISIONS.

REVISED AND CONTINUED TO DECEMBER 1907.

During the three years that have elapsed since " Labor, Laws and Decisions " went to press the State Legislature has made many alterations in and additions to the so-called " Labor Laws " and the various Statutory rules relating thereto, and the Courts have handed down many important Decisions apptyirig or construing those laws.

To preserve the usefulness of this work, therefore, it has become proper and necessary to revise and continue it so as to conform to the conditions of the present, and thereby continue to be both useful to and a material help for all classes.

Dated Troy, N. Y., December, 1907.

J. A. C.

ERRATA.

The first line of Section 18, page 10, should read, " A person employing or directing another to perform labor "—

PARTS I AND II REVISED AND CONTINUED TO DECEMBER 1907.

Part I. Laws In Relation To Labor

AS AMENDED TO AND INCLUDING 1907.

PART I.

PAGE

The " LABOR LAW" Chapter 415 of 1897 as Amended. .1-61, 143-220

The PENAL CODE, Sections Relative to Labor 62-70, 220-224

THE CODE CIVIL OF PROCEDURE, Section giving Preference over Contractor 71

LAWS of 1898, Chapter 671, To Prevent Fraud in Labor

Organizations 71-72

LAWS of 1901, Chapter 9, To Create Department of Labor,

The EMPLOYERS' LIABILITY ACT, Chapter 600 of 1902. . . . 80-83

HOLIDAYS, PUBLIC ; and Half Holidays, Chapter 39 of

1902 79-80

The CONSOLIDATED SCHOOL LAW, Chapter 556 of 1894,

" 280 " 1905;

" 585 " 1907;.., 83-85, 204-220 as to Persons Employing Children Unlawfully.

LAW, Regulating the Practicing of Barbering, Chapter

SUNDAY BARBERDsG, Chapter 823 of 1895, Amended by

LENDERS OF MONEY TO EMPLOYEES, Chapter 77, of

1904 91

E MPLOYMENT AGENCIES, Chapter 432 of 1904. Amended

The RAILROAD LAW, Chapter 565 of 1890, Sections 42, 42a, 43 and 58. Persons Employed as Drivers, Conductors, etc 244-247

The DOMESTIC RELATION LAW, Chapter 272 of 1896,

Section 42. Payment of Wages to Minor 247

INSPECTORS OF STEAM VESSELS, ASSIGNMENT OF

TO DEPARTMENT OF LABOR, Chapter 520 of 248-249

1907, Amending Chap. 592 of 1897

PAGE

PLUMBING AND DRAINAGE, Law in Relation to Cities, Chapter 327 of 1900. Article III, Sections 40-57, Amended by Chap. 168 of 1902, as to Employees Operating Garbage, Crematories, etc 249-257

TIME OF TAKING EFFECT OF LAWS, Chapter 682 of 1892, Article II, Section 43, Constituting Chap. 8 of the General Laws, Article II, Section 43 XXV

The STATUTORY CONSTRUCTION LAW, Chapter 677 of 1892, Sections 31, 32 as Amended by Chap. 448 of 1894 : XXV

The PUBLIC SERVICE COMMISSION LAW, Chapter 427 of

1907 257-321

PART I. LAWS.

Showing Laws amended, added, repealed, etc.

THE LABOR LAW.

1897 Chapter 415, as amended to and including 1907.

ARTICLE I.

Sections 1-21 General Provisions.

Section 1 Short Title , 1-2 3 Hours of Labor amended, Chapter 506, 1906. ... 3-4, 143-145

4 Violation of Labor Law 4-5

5 Hours of Labor on street, surface and elevated R. R.

6 Hours of labor in brickyards 5

7 Regulation of hours of labor on steam, surface and

elevated railroads 5-6, 146

7a Added chapter 627 of 1907, Block system, etc 146, 147

8 Payment of wages by receiver 6

9 Cash payment of wages, amended by Chapter 316 of

1906 6, 148

10 When wages to be paid 6-7

11 Penalty for violation 7

12 Assignment of future wages 7

13 Preference in employment upon public works 7-8

14 Stones used in the State or municipal works 8-9

15 Labels, brands, etc. , used by labor organizations 9

16 Illegal use of labels ; a misdemeanor ; injunction

proceedings , 9-10

17 Seats for female employees 10

18 Scaffolding for the use of employees 10-11

CONTENTS. yii

PAGB

Section 19 Inspection of scaffolding, ropes, blocks, pulleys and

tackles in cities 11-12

21 Commissioner of labor to enforce provisions of this

DEPARTMENT OP LABOR.

Section 30 Commissioner of Labor

31 Deputy commissioners

32 Bureaus

33 Powers ,

35 Sub-offices ,.,...

37 Old Records

38 Counsel

Article 2 of said Chapter is renumbered Article III

and amended

ARTICLE III.

Chapter 158 of 1906.

FREE PUBLIC EMPLOYMENT BUREAUS.

Sections 40-43 repealed, etc., bureaus abolished

Commissioner of Labor to apply property, etc 16, 154-157

ARTICLE III.

Chapter 505 of 1907.

BUREAU OF LABOR STATISTICS.

Section 40 Bureau of Labor Statistics 154-157

41 Duties and Powers

42 Statistics to be furnished upon request

ARTICLE IV.

CONVICT -MADE GOODS.

Section 50 License for the sale of 18-19

51 Revocation of license. 19

52 Annual Statement of license 19

53 Labeling and marking ; how 19

54 Duties of Commissioner of Labor relative to viola-

tion, etc 20

55 Articles not to apply to goods manufactured for the

use of the State or municipal corporation 20-21 viii CONTENTS.

ARTICLE V.

Chapter 505 of 1907.

BUREAU OP FACTORY INSPECTION.

Section 60 Factory Inspector

61 Deputies

62 General powers and duties

67 Duties relative to apprentices

68 Laws to be posted

PAGE

, 157-159

ARTICLE VI.

FACTORIES.

Section 70 Employment of minors 23, 159-160

71 Employment certificates, etc. Amended by Chapter

73 School record, what to contain. Amended by Chapter

74 Repealed 25

75 Report of certificates issued 25

76 Registry of children employed. Amended by Chapter

77 Hours of labor of minors and women. Amended by

Chapter 490 of 1906 and Chapter 286 of 1907 and

78 Hours of labor of minors and women. Amended by

79 Enclosure and operation of elevators and hoisting

shafts ; inspection 27-28

80 Stairs and doors 28

81 Protection of employes operating machinery.

82 Fire escapes 29-30

83 Commissioner of Labor may order erection of fire

escapes 30

84 Walls and ceilings 30

85 Size of rooms , 30-31

86 Ventilation. Amended by Chapter 490 of 1907.... 31,177

87 Reporting of accidents. Amended by 216 of 1906. ... 31, 178

88 Wash-rooms and water-closets. Amended by Chapter

89 Time allowed for meals 82

90 Inspection of factory buildings 32

91 Inspection of boilers in factories 32-33

92 Laundries 33

93 Employment of women and children at polishing or

buffing 33

CONTENTS. ix

PAGE)

Section 94 Tenant-factories. Added by Chapter 178 of 1906. . . 180-182 95 Unclean tenant-factories. Added by Chapter 178 of

1906 182-183

ARTICLE VII.

TENEMENT-MADE ARTICLES.

Section 100 Manufacturing of articles in tenements. Amended

101 Register of persons to whom work is given 38-39

103 Powers and duties of Board of Health relative to

104 Inspection of articles manufactured in other cities. . 40

105 Owners of tenements and dwelling-houses not to

permit the unlawful use thereof 40-41

106 Copies of articles to be posted. Repealed by Chap-

ARTICLE VIII.

BAKERIES AND CONFECTIONERY ESTABLISHMENTS.

Section 110 Hours of labor in 42

111 Drainage and plumbing of bakeries. Amended by

112 Requirements of, etc 43

113 Wash-rooms and closets; sleeping places 43

114 Inspection of bakeries and confectioneries. Amend-

115 Notice requiring alterations 44

ARTICLE IX.

MINES AND THEIR INSPECTION.

Section 120 Duties of Commissioner of Labor. Amended by

121 Outlets of Mines. Amended by Chapter 399 of

1907 46,194

122 Ventilation and timbering of mines. Amended by

123 Riding on loaded cars ; storage of inflammable sup-

plies. Amended by Chapter 399 of 1907 46-47, 195

124 Inspection of steam boilers and apparatus ; steam,

air and water gauges. Amended by Chapter 399

125 Use of Explosives ; Blasting. Amended by Chapter

126 Report of Accidents. Amended by Chapter 399 of

1907 48, 197

CONTENTS.

Section 127

130 131

133 134 135 136

PAGE

Notice of Dangerous Condition. Amended by

Enforcement of Article. Amended by Chapter 399 of

1907 48, 197

Admission of Inspectors to Mines and Tunnels.

Travelling Ways. Added by Chapter 375 of 1906. . 198

Notice of opening new mines, shaft or quarry.

Added by Chapter 375 of 1906 198

Notice of Abandonment. Added by Chapter 375 of

1906 199

Employment of Women and Children. Added by

Underground working to be equipped with head,

house and doors. Added by Chapter 399 of 1907. 199

Mines and tunnels to be equipped with wash-rooms.

Added by Chapter 399 of 1907 200

Method of exploding blast. Added by Chapter 399

ARTICLE X.

BUREAU OF MEDIATION AND ARBITRATION.

Section 140 Chief mediator

141 Mediation and investigation

142 Board of mediation and arbitration ,

143 Arbitration by the board

144 Decisions of board .

145 Annual report

146 Submission of controversies to local arbitrators .

147 Consent ; oath ; powers of arbitrators

148 Decision of arbitrators.

ARTICLE XL

EMPLOYMENT OF WOMEN AND CHILDREN IN MERCANTILE ESTABLISHMENTS.

Section 160 Application of article 50, 51

161 Hours of labor of minors. Amended by Chapter 490

162 Employment of children. Amended by Chapter 490

163 Employment certificate ; how issued. Amended by

165 School record, what to contain. Amended by

166 Summer vacation certificate 53-54

167 Registry of children employed. Amended by

CONTENTS. Xi

PAGE

Section 168 Wash-rooms and water-closets * . 54

169 Lunch-rooms 55

170 Seats for women in mercantile establishments and

other places , 55

171 Employment of women and children in basements. . 55-56

173 Copy of article to be posted 56

ARTICLE XII.

EMPLOYMENT OF CHILDREN IN STREET TRADES.

Section 174 Prohibited employment of. Amended by Chapter

176 Contents of permit and badge. Amended by Chap-

177 Regulations concerning badge and permit. Amended

178 Limit of hours. Amended by Chapter 588 of 1907, 58, 219

179 Enforcement of article. Amended by Chapter 588

179a Violation of article, how punished. Amended by

ARTICLE XIII.

EXAMINATION AND REGISTRATION OF nORSESHOERS.

Being sections 180 to 184, both inclusive. 60-61, 220

Repealed by Chapter 83 of 1907.

PENAL CODE.

Section 168 Conspiracy defined 62, 220

See Green v. Da vies

People ex rel. Burnham v. Flynn

170 Orderly and peaceably assemble, etc. ,not a conspiracy 62

See Jacobs v. Cohen

People v. Marcus

171 "A " Coercion of employers 62

See People v. Marcus

171 " B " Members of National Guard 62

171 " C " National Guard. 63

259 The Sabbath 63

See Brighton Athletic Club v. McAdoo

360 The Sabbath breaking 63

See last case

263 Servile labor 63

See People ex rel. Moffatt v. Zimmerman xii CONTENTS.

PAGE

Section 264 Observing another day as Sabbath 64

See People ex rel. Moffatt v. Zimmerman

265 Public sports 64

See Brighton Athletic Club v. McAdoo

266 Trades, manufactures and mechanical employments 64

267 Public traffic 64

See People ex rel. Moffatt v. Zimmerman

268 Serving process on Sunday prohibited 65

269 Sabbath-breaking 65

See People ex rel. Moffatt v. Zimmerman

270 Forfeiture , 65

See last case

276 Parades 65

384b Unlawful dealing in convict-made goods 66

384f Failure to furnish statistics 66

Repealed by Chap. 506 of 1907 220

384g Refusal to admit inspectors to mines, etc 66

384h Hours of labor to be required 67

384i Payment of wages 67, 222

384j Seats for female employees 68

384k No fees for services by free Employment Bureaus . . 68

3841 Violation of Labor Law 68, 222

384m Illegal Practice of Horseshoeing 69

Section 384m of the Penal Code and Sections 180-

184 of Chap. 415 of 1897, held invalid and not a

proper exercise of the police power. People v.

Beattie, 96 App. Div. 383 ; People ex rel. Appel

v. Zimmerman, 102 App. Div. 106. (See sections

180-184 of the Labor Law, both inclusive)

384r Corrupt Influence, Agents, Employees or Servants.

Added by Chap. 136 of 1905 224

447a Negligently furnishing insecure scaffolding 69

447c Neglect to complete or plank floors of buildings 224

constructed in cities 69

447f Bribery of Labor representatives 70

673 Endangering life by refusal to labor 70

CODE OF CIVIL PROCEDURE.

3414 Preference over Contractors 71

To prevent fraud in Labor Organizations 71

To create a department of labor and office of commissioner

of labor 72

Repealed by Chap. 505 of 1907.

CONTENTS. Xiii

PAGE

DUTIES AND POWERS OF COMMISSIONERS OF LABOR.

See Labor Law 47

Public Holiday ; Half Holiday 79

EMPLOYERS' LIABILITY ACT.

CONSOLIDATED SCHOOL LAW.

LAWS OF 1894, Chap. 556, Title 16, section 5.

Title 16, sections 5, 7, 9, 10, amended by Chap. 280 of 1905 Title 16, sections 3, 4, 5, amended by Chap. 585 of 1907. Section 4 added.

BARBERS, LICENSING OF, ETC.

Repealed by Chap. 256 of 1906.

BARBERING ON SUNDAY.

Section 1 amended, regulating in Saratoga by Chap. 297 of 1907.

LENDERS OF MONEY ON SALARIES OF EMPLOYEES TO FILE COPY OF AGREEMENT OR ASSIGNMENT

WITH EMPLOYER 91

Laws of 1904, Chap. 77. Construed Thompson v. Interborough R. T. Co., 49 Misc. 102, 103, that its principal purpose appears to have been that prompt notice should be given to the employer of the assignment of wages. EMPLOYMENT AGENCIES.

Repealed except as to Chap. 415 of 1897, etc., by Chap. 327

of 1906 and Chap. 328 of 1906, And amended as to cities of the first class by Chap. 327 of 1906 and as to cities of the second class by Chap. 328 of 1906. See 183 N. Y. 225.

THE RAILROAD LAW.

Laws of 1890, Chap. 565. Section 42, Persons employed as

drivers and conductors

Section 42a, Added by Chap. 657 of 1906 244-247

Section 43, Conductors and Employees to wear Badges. . . . Section 58, When Conductors and Brakeman may be Policemen

DOMESTIC RELATION LAW.

Laws of 1896, Chap. 272.

Section 42, Payment of wages to minor, when valid.

INSPECTORS OF STEAM VESSELS, ASSIGNMENT OF, LABOR, DEPARTMENT OF.

Laws of 1897, Chap. 592.

Amended by Chap. 520 of 1907 248 x j v CONTENTS.

PAGE

LAW IN RELATION TO CITIES.

Plumbing and drainage. Article III. 249-257

Sections 40 to 57 amended by Chap. 168 of 1902 as to

Employees, etc., operating garbage crematories

General Laws.

WHEN LAW TO TAKE EFFECT, Chap. 8, Article 2, 23. GENERALLAWS XXV

General Laws, Chap. I.

THE STATUTORY CONSTRUCTION LAW.

Section 31 XXV

Section 32 as amended by Chap. 448 of 1894. THE PUBLIC SERVICE COMMISSIONS LAW.

Chap. 429 of 1907. Became a Law June 16, 1907, to take

Part II. Decisions. Labor Decisions Summarized

Revised and Continued to December 1907.

GENERAL—

Labor organizations — rights of workingmen, principles of law, Labor Unions, Constitutional Law, Law of Negligence, Obvious risk, Acts of Superintendents, Master and Servant, Public Policy, etc.

LABOR LAW—