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LO
OPMEN
EGISLATION F~R· WOM
THE UNITED STATES
•

REVISED DECEMBER, 1931

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•

[PUBLICr.-No. 259-66TH CONGRESS]
•

[H. R. 13229]

An Act To establish in the Department of Labor a bureau to be known as the

Women's Bureau

Be it enacted by the Senate and House of Representatives of the
United States Qf America in Otmg-ress asseml)led-, Tha.t there shall be
established in the Department of Labor a bureau to be known as the
Women's Bureau.
SEo. 2. That the said bureau shall be in charge 0£ a director, a
woman, to be appointed by the President, by and with the advice
a.nd consent of the Senate, who shall receive an annual compensation
of $5,000. It shall be the duty of said bureau to formulate stand11,rds
and policies which shall J?romote the welfare of wage-earning
women, improve their working conditions increase their efficiency,
and advance their opportunities for profitable employment. The
said bureau shall have authority to investigate and report to the said
department upon all matters pertaining to the welfare of women in
industry. The director of said bureau may from time to time publish the results of these investigations in such a manner and to such
extent as the Secretary of Labor may prescribe.
SEc. 3. That there shall be in said bureau an assistant director, to
be appointed by the Secretary of Labor, who shall receive an annual
compensation of $3,500 and shall perform such duties as shall be
prescribed by the director and approved by the Secretary of Labor.
SEo. 4. That there is hereby authorized to be employed by said
bureau a chief clerk and such special agents, assistants, clerks, and
other employees at such rates of compensation and in such numbers
as Congress may from time to time provide by appropriations.
SEC. 5. That the Secretary of Labor is hereby directed to furnish
sufficient quarters, office furniture, and equipment for the work of
this 'bureau.
SEo. 6. That this Act shall take effect and be in force from and
after its, passage.
. Approved, June 5, 1920.

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ALLEG E

COLLEGE

UNITED STATES DEPARTMENT OF LABOR
W. N. DOAK, SECRETARY

WOMEN'S BUREAU
MARY ANDERSON, Director
1

BULLETIN OF THE WOMEN'S BUREAU, NO. 66-11

CHRONOLOGICAL DEVELOPMENT OF LABOR
LEGISLATION FOR WOMEN IN
THE UNITED ST ATES
REVISED DECEMBER, 1931
By FLORENCE P. SMITH

Originally Combined With History of Labor Legislation
for Women in Three States, by Clara M. Beyer
(See No. 66-1)

UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHING TON : 1932

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CONTENTS
Page

Letter of transmittal_ ______ ~ __ ~
Introduction ______ __ _________ _
Alabama ________ ____ ___ ___ __ •
Hour laws ____ ___________ _
or regulatory
Prohibitory
laws __________________ _
_
_____________
laws
Seating
Arizona _________ __________ __ _
Hour laws _______________ _
or regulatory
Prohibitory
____ _ _
laws _____________
Seating laws _____________ _
Arkansas ____________________ _
Hour laws _______________ _
or regulatory
Prohibitory
laws __________________ _
Seating laws _____________ _
California ___________________ _
Hour laws ___ ____ ________ _
Night-work laws __________ _
Freedom of occupation ____ _
or regulatory
Prohibitory
laws __________________ _
Seating laws _____________ _
Colorado __________ __________ _
Hour laws _______________ _
or regulatory_
Prohibitory
laws __________________
Seating laws _____________ _
Connecticut ______ __ __________ _
Hour laws ______ _________ _
Night-work laws __________ _
or regulatory
Prohibitory
___ _
laws _______________
Seating laws _____________ _
Delaware ____________________ _
Hour laws _______________ _
Night-work laws _____ _____ _
Seating laws _____________ _
District of Columbia __________ _
Hour laws _______________ _
S~ating laws ___ --.- _______ _
Georgia __________ ____ _______ _
Seating laws __ ____ _______ _
Idaho ________ . ______________ _
Hour laws _______________ _
Seating laws _____________ _
Illinois ______________________ _
Hour laws _______________ _
Freedom of occupation ____ _
or regulatory_
o hibitory
Pr.laws
__________________
Seating laws _____________ _
Indiana _____________________ _
Night-work laws ________ __ _
or regulatory_
Prohibitory
laws __________________
Seating law s ______ -: ______ _

VII

1
2
2

2
2
3
3
4
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5
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15

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33

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35
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35

Iowa _________________ •- _____ _
Seating laws _____________ _
Kansas ______________________ _
Hour laws _______________ _
Night-work laws __________ _
or regulatory_
Prohibitory
laws __________________
Seating laws _____________ ..:
Kentucky ___________________ _ _
Hour laws _______________ _
. ~eating laws _____________ _
Louisiana ____________________ _
Hour laws _____ ___________ or regulatory
Prohibitory
laws __________________ _
Seating laws ______________ _
Maine ___ __________ _________ _ _
Hour laws _______________ _
Seating laws __ __ _________ _.
Maryland ____________________ _
Hour laws _______________ _
Night-work laws __________ _
or regulatory_
Prohibitory
laws __________________
Seating laws _____________ _
Massachusetts ________________ _
Hour laws _______________ _
Night-work laws ____ ______ _
or regulatory
Prohibitory
laws __________________ _
Seating laws _____________ _
Michigan _______ __ ___ _____ ___ _
Hour laws __ _____________ _
or regulatory_
Prohibitory
laws __________________
Seating laws _____________ _
Equal-pay law ___________ _
Minnesota ___________________ _
Hour laws _______________ _
or regulatory_
Prohibitory
laws __________________
. ~e~ti~g laws _____________ _
Mississippi_ __________________ _
Hour laws _______________ _
Missouri_ ____________________ _
Hour laws _______________ _
Night-work law s __________ _
or regulatory
Prohibitory
laws __________________ _
Seating laws ____ _________ _
Montana __ ______ ____________ _
Hour laws _______________ _
Seating laws _____________ _
Equal-pay law ___________ _
Nebraska ____________________ _
Hour laws _______________ _
Night-work laws __________ _
Seating laws ______ ____ ___ _
lII

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Page

36
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67
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70
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72

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75

Nevada ______________ _______ _
Hour. laws _______________ _
Seating laws ____ ________ __ ·
New Hampshire ______ __ ____ __ _
Hour laws __ _____________ _
Night-work laws __________ _
Seating laws ___ ___ ______ _ _
New Jersey ________ _________ _ _
Hour laws _______ _______ _ _
Night-work laws __________ _
Prohibitory or regulatory
laws __________________ _
Seating laws __________ __ __
New Mexico _________________ _
Hour laws ____ __ ____ ~----Night-work laws __________ _
Seating laws _________ ·- ___ _
New York ___________________ _
Hour laws __ _______ ____ __ _
Night-work laws __________ _
Prohibitory or regulatory
laws __________________ _
Seating laws __ ___ ________ _
North Carolina ____________ ___ _
Hour laws _______ ________ _
Seating laws _____________ _
North Dakota ___ _________ ____ _
Hour laws _______________ _
Night-work laws_ --- ______ _
Prohibitory or reguJatory
laws __________________ _
Seating laws _____________ _
Ohio ________________________ _
Hour laws _______________ _
Night-work laws __________ _
Prohibitory or regulatory
laws __________________ _
Seating laws _____________ _
Oklahoma ___________________ _
Hour laws _______ ________ _
Prohibitory . or regulatory
laws ___ __ _____________ _
Seating laws ____ -'- ______ _ _
Oregon _____________________ _ _
Hour laws _______________ _
Night-work laws _______ ___ _
Prohibitory or r egulatory
laws __________________ _
Seating laws ________ _____ _
Pennsylvania ___ ______________ _
Hour laws ____ ______ ~----Night-work laws ____ '.. _____ _
Prohibitory or regulatory
laws __________________ _
Seating laws _____________ _
Rhode Island _____ ___________ _
Hour laws ______ __ _______ _
Seating laws _____________ _
South Carolina _______________ _
Hour laws __ ____ _________ _
Night-work laws _______ ___ _
Seating laws _____ _____ ___ _

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CONTENTS
Page

Page

South Dakota ________________ _
Hour laws _______________ _
·seating laws _____________ _
Tennessee ___________________ _
Hour laws _____ _________ _ _
Seating laws _____ .__ ______ _
79
Texas
_______________________ _
79
Hour laws ______ _______ __ _
80
Seating laws ___ _______ ___ _
80
81 Utah _________________ _______ _
Hour laws __ __________ ___ _
81
Prohibitory or regulatory
laws __________________ _
82
Seating laws _____________ _
84
84 Ver1nont _____________________ _
Hour laws __ ___________ __ _
84
85
Prohibitory or regulatory
laws __________________ _
86
. _S~ating laws ____ _________ _
86
94 Virgmia _________________ ____ _
Hour laws ___ _________ ___ _
97
Prohibitory or regulatory
laws _____ ___ ___ _______ _
101
Sea
ting laws __ __ _________ _
104
104 Washington __________________ _
Hour laws ____________ _ ~ ~104
Night-work laws __________ _
105
105
Freedom of occup ation ___ _ _
110 '
Prohibitory or regulatory
laws __________________ _
Seating
laws ____ __ _______ .:
111
111 West Virginia ________ ______ __ _
Prohibitory or regulatory
112
laws __________ ______ ·__ _
112
. Sea!ing laws ____ __ _______ _
113
W lSCOnsm ______ ___ __ ________ _
Hour laws ___ _____ ____ ~--113
Night-work laws ___ _______ _
114
Prohibitory or regulatory
115
laws __________________ _
115
Seating laws ___ ______ ____ _
Equal-rights law __________ _
116 Wyoming
____________________ _
116
Hour laws ____ ________ ___ _
118
Prohibitory or regulatory
118
laws __________________ _
124
Seating laws ____ _________ _
of current laws for
125 Summary
women, December 31, 1931_ __
125
Laws regulating the length
126
of the working day or week
126
Eight-hour la.ws ______ _
130
Eight- and- a - half - hour
laws _________ - - - - - 130
Nine-hour laws _______ _
133
Ten-hour laws ________ _
134
Ten-and-a-quarter, ten134
and-a-half, e 1 even,
13.5
and twelve hour laws_
Weekly hour laws _____ _
136
Summary of laws limit136
ing
daily
and weekly_
136
hours
_____________

76
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77

136

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139

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163

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165

166
166
166
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167

167

CONTENTS

Page

Summary of current laws for
women, December 31, 1931Continued.
Laws providing for a day of
. rest, one shorter workday,
time for meals, and rest
periods_ ________________
Day of rest, one shorter
workday ____________
Time for meals_ __ __ ___
Rest periods_ _ _ __ ___ __
Summary ___________ __
Night-work laws______ ___ __
Prohibitory or regulatory
laws __ _____________ __ __
Considered by State____
No prohibition or
regulation___ ___
One prohibition or
regulation______
Prohibition or regulation in one State
Prohibition in two
States __________
Prohibition or regulation in three
States __________

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167
167
168
168
168
168
169
169
169
169
169
170
170

Summary of current laws for
women, December 31, 1931Continued.
Prohibitory or regulatory
laws- Continued .
Considered by StateContin ued.
Prohibition or regulation in five
States __________
Prohibition in six
States __________
Considered by character
of prohibition or regulation ______________
Mining ___________
Lifting or carrying
heavy weights___
Core-room regulat ions_ _______ ___
Employment before
and after childbirth ___________
Blanket prohibition
Summary _____ ____
Seating laws____ __________

170
170
171
171
171
171
172
172
172
173

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LETTER OF TRANSMITTAL

UNITED STATES DEPARTMENT OF LABOR,
WOMEN'S BUREAU,

Washington, Deoember 16, 1931.
SIR: I have the honor to transmit herewith a revision of Part II
of Bulletin 66-Chronological Development of Labor Legislation for
Women in the United States. Bound heretofore in one cover with
History of Labor Legislation £or Women in Three States, by Clara
Mortenson Beyer, it is now to be available separately because of its
present and future revisions.
The original report was prepared under the direction of Florence
P. Smith, research assistant of the Women's Bureau, assisted by Ethel
Erickson and Estelle S. Frankfurter, and the revision is the work
of Miss Smith.
·
Respectfully submitted.
MARY ANDERSON, _
Direotor.
Hon. W. N. DoAK,
Secretary of LabO'l'.
VII

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CHRONOLOGICAL DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN IN THE UNITED STATES
INTRODUCTION
In Part I of this bulletin, printed separately, has been given a
detailed history of labor legislation for women in three States where
it is most highly developed. It has not seemed necessary to :follow
this plan for all the States. However, the following digest has been
prepared, which presents in summarized form all the laws of this
kind, past and present, in all the States, from the first hour law in
the country, enacted in 1847 in New Hampshire and applying to
both sexes, to the latest regulations of 1931.
The arrangement is chronological, under State name and kind of
law, and an effort has been made to include all laws of certain types
that affect women and not men-daily and weekly hour laws, nightwork laws, laws prohibiting certain kinds of employment or regulating the conditions under which they may be performed, and laws
requiring seats for women workers. Minimum-wage laws have not
been included, as they are covered in detail in Bulletin 61 of the
Women's Bureau. No attempt has been made to interpret the laws,
the purpose being to state briefly their important provisions and the
changes occurring from year to year . . Nor has systematic study been
made of court decisions affecting the application of these laws.
All orders of industrial welfare commissions or boards that have
the force of law are included, as well as the laws enacted by the State
legislatures, and the side heads give the legal references and the dates
on which the laws and orders became effective.
1

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ALABAMA
HOUR LAWS

1887
llanufacturinr.

Session iawa 1886-81, Act 49.

Feb. !8, 1887

In 1887 a law was passed by the Alabama Legislature that provided a daily limit of eight hours for women working in any mechanical or manufacturing business. Any employer who compelled
longer hours was subject to a fine of $5 to $50. This law was repealed December 5, 1894, and since that time there has been no
legal regulation of women's hours in Alabama.
1893
Mines.

PROHIBITORY OR REGULATORY LAWS
Session laws 189!,-9:J, Act !66, secs. 1i, !1.

Feb. 16, 189:l

An act passed in 1893 prohibits the employment of women in or
about any mine in the State and imposes for violation, which is a
misdemeanor, a fine of $10 to $200.
1889
Mercantile.

SEATING LAWS
Session laws 1888-89, Act 9!.

Feb . 28, 1889

A law of 1889 made it unlawful to employ a woman clerk in a
store without providing proper accommodations for " sitting down
and resting " and perm1ttmg the worker to be seated when not otherwise employed. Violation of these provisions constituted a misdemeanor punishable by a fine of not less than $10 for each offense.
1907

Mercantile.

Code 1907, seo. 6857.

July 27, 1907 1

Revision 18 years later increased the penalty for violation of the
seating law to a fine of $50 to $500.
1

Date ot adoption.

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ARIZONA
HOUR LAWS
1913
Mercantile, ete.

Session laws 191!1, 3d sp ecial session, ch. 70.

July 16, 1913

The first hour law for women in Arizona was enacted in 1913. It
limited hours in any mercantile establishment, confectionery store,
bakery, laundry, hotel, restaurant, or telephone or telegraph
office or exchange to 56 a week and 8 a day within a period of
12 hours. There were a number of exceptions to this general provision. Telegraph and telephone establishments where not more
than 3 women were at work were entirely exempted from the law,
as were nurses, and in mercantile establishments, confectionery
stores, or bakeries where women were employed for only 6 days a
week, 10 hours within a 12-hour period might be worked in 1 day.
The provision for a 12-hour period did not apply to railroad restaurants or eating houses located upon railroad rights of way and operated by or under contract with any railroad company.
An allowance of one hour for lunch a~so was stipulated in the
law. Posting of hour schedules was required.
Violation of this act constituted a misdemeanor punishable by
a fine of not less than $25 or imprisonment for not less than 30
days, or both.
1927
Manufacturing, mercantile, etc.

Session laws 19'2'1, ch.

44.

Jiil11 19, 1921

In 1927 an amended hour law reduced the weekly hours and extended the coverage to practically all gainfully employed women.
This act specifies that no woman in any manufacturing or mercantile establishment, confectionery store, bakery, laundry, place of
amusement, hotel, restaurant, telephone or telegraph office or exchange, or other est ablishment shall work more than 8 hours within
a period of 13 hours, or 48 hours, 6 days, a week. This adds manufacturing to the groups covered in the earlier law, and also places
of amusement and " other establishments." The spread of hours
is extended from 12 to 13, but weekly hours are reduced from 56
to 48 and the 6-day week is added. Adult women employed for 6
hours a day or less in any given week may work 7 days in the same
wook.
·
To the exemptions of the 1913 law were added in 1927 domestic
work and the harvesting, curing, canning, or drying of any variety
of perishable fruits or vegetables during the period necessary to
save the products from spoiling.
There is no mention in ihis law of a time allowance for meals.
The posting and penalty provisions of 1913 are unchanged.
1931
Manu.f acturing, mercantile, etc.

Sesslon laws 1931, ch. 14.

Feb. 24, 1931

An amendment in 1931 adds railroad yard offices in which not
more than three women are employed to the occupations exempted.
3

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DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN

Other changes are in wording only, the law now stating that it applies to women in any labor with. the specified exemptions.
PROHIBITORY OR REGULATORY LAWS
1912
Mines, quarries, etc.

Session laws 1912, ch. 32, secs. 20, £5.

Aug. 11, 191'!

An act of 1912 prohibits women· from employment in or about
any mine, quarry, or coal breaker. Under the law it became the
duty of the factory and other duly authorized inspectors to make
complaints of and to prosecute offenses.
1928
Mines, quarries, etc.

R evis ed code 1928, sec. 1380.

J u ly 1, 1929

The revised code of 1928 provides that noncompliance with this
law is a misdemeanor, punishable by a fine of $10 to $50.
SEATING LAWS
1912
Manufacturing, mercantile, etc.

Session laws 1912, ch. 32, secs. 6, 35.

,
Aug. 11, 191!

Legislation of 1912 provides that women shall not . be employed
at work where they are compelled to stand constantly. The law
covers any mill, factory, workshop, mercantile establishment, tenement house, manufactory or workshop, store, business office, telegraph or telephone office, restaurant, bakery, barber shop, apartment
hous~, bootblack stand or parlor, or the distribution or transportation of merchandise or messages. In such places of employment
suitable seats, chairs, or benches must be provided, at least two chairs
to every three women, so placed as to be accessible, and their use
must be permitted when the women are not necessarily engaged in
the active duties for which they are· employed. F ailure to provide
the required seats is punishable by a fine of $10 to $50.

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ARKANSAS
HOUR LAWS
1915
Manufacturing, mercantile, etc.

Session laws 1915, Act 191.

Mar. 20, 1915

The Arkansas law regulating working hours of women was enacted in 1915. It limits the labor of women in any manufacturing,
mechanical, or mercantile establishment, laundry, or expres.s or transportation company · to 9 hours on any one day, or 54 hours, 6 days
a week. A special commission (by this act the minimum wage and
maximum hour commission, but by amendment of 1921 the industrial
welfare commission), after due hearings, may extend the .daily limit
beyond 9 hours to any industry, such as canning and candy factories,
where it can be proved that irreparable injury will result from observance of the law. This overtime may be worked, however, only 90
days in a year, and only if the women employees are paid one and
one-half times the regular rate.
In establishments where 3 or more females are employed there
must be at least a ¾-hour interval after 6 hours of continuous work.
However, if employment ends at 1.30 p. m. and the woman is then
dismissed for the day, she may be employed for 6½ hours continuously. At least 45 minutes must be allowed for noon luncheon.
Hour schedules must be posted anq. time records kept.
In this -act total exemption was allowed (1) cotton factories, (2)
the preservation and gathering of fruits and perishable farm prod;
ucts, (3) where three or fewer females were employed and were
working at the ,same time, and ( 4) where three or fewer employees
were in the same building at the same time doing the same kind of
work. The law provided further that the minimum wage and maximum hour commission, after a public hearing, might regulate the
hours of women in hotels, restaurants, and telephone establishments,
but the maximum 0£ 9 hours a day was not to be exceeded.
A fine of $25 to $100 was provided for violation of the law, each
day of noncompliance constituting a separate offen.se.
1919
Manufacturing, etc.

S ession laws 1919, A.ct. 265.

Mar . 13, 1919

In 1919 another law relating to lunch periods was passed. This
provides that in factor.ies, manufacturing establishments, workshops,
or other places where six or more men and women are employed
and where it is impracticable to provide lunch rooms women shall be
allowed not less than one hour for meal time, during which hour they
shall be permitted to leave the establishment.
·
Failure to comply with these provisions after 30 days' notice is a
misdemeanor punishable by a fine of from $10 to $100, each day of
noncompliance constituting a separate offense.
1919
Telephone.

Seasion laws 1919, Act 215.

Mar. 15, 1919

Another act of 1919 amended the hour law of 1915 to allow exemption only to cotton factories a.nd the gathering of fruits and farm
6

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DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN

products, and to make it no longer permissible for the minimum wage
and maximum hour commission to regulate the employment of women
in telephone establishments.
1919
Hotels, restaur-ant1.

Minimum wage and maa:imum hour commisaion order.

May W, 1919

In accordance with the power granted by the law of 1915 the
Arkansas Minimum Wage and Maximum Hour Commission in 1919
issued an order limiting women's employment in any hotel or restaurant to 9 hours a day and 6 days and 54 hours a week. The penalty
of the 1915 law applies and also the provisions for record keeping
a~d posting hours.
1921
Industrial welfare
commission.

8eaaion Zaw• 19!1, Act $.

Feb.

rr,

1921

An act of 1921 again amends the act of 1915 by establishing an
industrial welfare commission to act as the special commission
· designated in 1915.
1931

Railroad■ •

8euion Zawa 1931, Act 58.

Feb. !5, 1911

An amendment of 1931 provides that the hour law shall not apply
to women employed by railroad companies whose hours of service are
regulated by Federal laws.
PROHIBITORY OR REGULATORY LAWS
1893
Coal mines.

8esaion lawa 1893, Act 1!5, s-ecs. 7, 16.

July 3, 1893

In 1893 Arkansas passed a law that prohibits women from entering
a coal mine to work therein. The general mining act that included
this provision was not applicable to coal mines employing fewer than
20 men under ground.
•
• The penalty for violation of the act is a fine of not less than $25
and each day's violation constitutes a separate offense.
Coal

1905

mine■•

Session iaws 1905, Act ! 25, sec. 5.

May 21, 1905

By an amendment of 1905 the law was made to apply to mines with
10 or more men employed under ground in 24 hours.
SEATING LAWS
1913
Manufacturinar, mer•
cantile, etc.

Session laws 1913, Act !35.

Mar. !9, 1913

The law relating to seats :for women was enacted in 1913. It covers
manufacturing, mechanical, mercantile, and other establishments
where girls and women are employed and requires the provision of
conveniently located seats sufficient to seat comfortably the girls and
women employed; and during such times as the employees are not
required by their duties to be upon their feet, they shall be allowed to
occupy the seats.
The penalty for violation is a fine of $10 to $50, each day's failure
to provide seats to be considered a separate offense.

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CALIFORNIA
HOUR LAWS
1911
Manufacturing, mercantile, etc.

Sessi on laws 1911, ch. !58.

Jiau 21, 1911

The first law m California regulating the hours of women was
enacted in 1911. It provided for an 8-hour day and a 48-hour week
in manufacturing, mechanical, or mercantile establishments, laundries, hotels, restaurants, telephone or telegraph establishments or
offices, express or transportation companies. It did not apply to the
harvesting, curing, canning, or drying of any variety of perishable
fruit or vegetables.
The penalty provided for violation was a fine of $50 to $200, or
imprisonment for 5 to 30 days, or both such fine and imprisonment.
Until 1925 this law was interpreted to cover women pharmacists
as mercantile employees. In that year an amendment to the law
regulating the hours of drug clerks was passed (session laws, 1925,
ch. 394), which gave that act precedence with reference to women
registered pharmacists. In pharmacy, men and women alike may
work 9 hours a day and 108 hours in 2 weeks. Women employed as
clerks in drug stores still come under the 8-hour law.
1913
Manufacturing, mercantile, etc.

Session lairs 1913, ch. 352.

Aug. 10, 1913

In 1913 the hour law was amended by adding to the industries
already covered public lodging houses, apartment houses, hospitals,
and places of amusement; by exempting graduate nurses in hospitals ; and by changing the penalty clause to .provide for the first
offense a fine of $25 to $50 and for the second offense $100 to $250, or
imprisonment for not more than 60 days, or both such fine and
imprisonment.
1913
Industrial welfare
commission.

Sessi on laws 1913, ch. 324.

Aug. 10, 1913

Another law of 1913, effective the same day as the amendment to
the hour law, created an industrial welfare commission empowered
to issue mandatory orders fixing, besides minimum wages, standard
conditions of labor for women in any occupation, trade, or industry
in the State, and maximum hours of work; the hours so fixed not
to exceed the maximum set by law. Every employer of women is
required to post the orders of the commission applicable to his industry and to furnish any reports or information that the commission may require. The orders issued by the commission require
records of work done and hours worked and each new order rescinds
the preceding one for that industry.
The act provides a penalty for its violation, which is a misdemeanor, of not less than $50, or imprisonment for not less than 30
days, or both fine and imprisonment.
7

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DEVELOPMENT OF LABOR LEGISi.ATIO'.N FOR WOMEN

Amendments to this act that were passed in 1915, 1919,. 1921, and
1927 strengthen and clarify the provisions of the 1913 law. (Session laws, 1915, ch. 571; 1919, ch. 204; 1921, ch. 279; 1927, ch. 248.)
1916
Fruit and vegetable
canning.

Industrial welfare commission order No. 1.

Apr . 14, 1916

The first order of the industrial welfare commission was issued
in 1916 and applied to the fruit and vegetable canning industry.
Except in cases of emergency it provided for adult women a 10-hour
day and a 60-hour week. Emergency work, defined as work in
excess of 10 hours a day or 6 days a week, was not allowed to exceed 12 hours a week, and was to be paid for at not less than one and
one-quarter times the minimum time or piece rate. Occupations
coming under the provisions of chapter 352 of the session laws of
1913 were exempt from these provisions.
1916
Fruit and vegetable
canning.

.
Industrial w elfa,re commission order No. i!.

Apr. 14, 1916

Order No. 2, also effective in April, 1916, provided that women
in this industry should be entitled to at least one hour for the noonday meal, and that they should not be permitted to return to their
work in less than half an hour.
1917
Fruit and vegetable
canning.

Industrial welfare commission order No. 3.

June 15, 1917

The next · year's order repeated the basic 6-day week of 1916,
specified no weekly hour limit, and substituted for the 10-hour day
a basic day of 9 hours. In cases of emergency, work might exceed
9 hours a day and 6 days a week, such work, however, to be paid
for at not less than one and one-quarter times the minimum time
or piece rate and all work in excess of 12 hours in any 24 to be paid
for at double such rates.
1917
Fruit and vegetable
.canning.

Industrial w elfare commission or d er No. 4,

Jun e 15, 1917

The second canning order of 1917 added to the mealtime requirement of the previous year that if work continued through the evening women were entitled to at least an hour for the evening meal.
This order was rescinded by No. 4 amended, 1919. The amended
order regulates employment conditions in laundry and manufacturing industries, which include canning and preserving.
1917
Manufacturing, mercantile, etc.

Session laws 1917, ch. 582.

July 21, 191'7

An amendment to the hour law in 1917 adds fish canning to the
exemption of 1911 for perishable fruit and vegetables and makes
the whole exemption applicable "during such periods as may be
necessary to harvest, cure, can, or dry said fruit, fish, or vegetables
in order to save the same from spoiling."
1917
Mercantile.

Industrial welfare commission order No. 5.

Sept. 4, 1917

The first order of the industrial welfare commission covering the
mercantile industry merely repeated the provisions of the 1911 hour
law for an 8-hour day and a 48-.hour week.

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CALIFORNIA
1917
Fish canning.

,
Industrial welfare commission order No. 6.

Jan. 9, 1918

The fish-canning industry was covered by an order of the industrial welfare commission in 1917. This order provided for a basic
8-hour day and a basic 6-day week. Overtime allowed in cases of
emergency was to be paid for at not less than one and one-quarter
times the regular rate, and work on the seventh consecutive day
was to be paid for at not less than one and one-half times the regular rate. Occupations covered by the hour law were exempt from
these provisions.
1917
Laundry. dry cleaning.

Industrial welfare commission order No. '1.

Jan. 13., 1918

In the order of 1917 . for the laundry and dry-cleaning industry
the provisions of the 1911 hour law were repeated. These limit the
working day to 8 hours, the working week to 48 hours.
1918
Fruit and vegetable
canning.

Industrial welfare commission order No . 8 amended.

June

:e,

1.9t1.8

In 1918 the basic day in the fruit and vegetable canning industry
was reduced to eight hours. Otherwise the provisions of 1917 remained unaltered.
1918
Fruit and vegetable
packing.

Industrial welfare commissi on order N o. 8.

May 8, 1918

For the fruit and vegetable packing industry the first order was
issued in 1918. It provided for women in the dried-fruit industry
an 8-hour day or 48-hour week; for those in the green fruit and
vegetable packing industry a basic 8-hour day or a basic 6-day week,
with the provision that all overtime, allowed only in case of emergency, should be paid for at not less than one and one-quarter times
the regular rate.
1918
General and professional offices.

Industt"ial welfare commission order No. 9.

July 2, 1918 '

The earliest order of the industrial welfare commission governing
office workers also was issued in 1918. It covered general and professional offices and provided for a 6-day week by prescribing one day
o:f rest in seven.
1918, 19111
Unskilled and unclasaified occupations.

Industrial welfare commission order No. 10, July 2, 1918; order No.
10 amended, .Aug. 20, 1919

To provide for all occupations and industries not already covered,
the industrial welfare commission in 1918 issued an order for unskilled and unclassified occupations. It provided an 8-hour day,
48-hour week, for all women other than those in mercantile, manufacturing, laundry, or canning industries, office or professional occupations, fruit and vegetable packing establishments, telephone
or telegraph establishments, hotels or restaurants, domestic labor or
the skilled trades, or in harvesting, curing, or drying of any variety
of fruit or vegetable. The order of 1918 required 24 consecutive
hours of rest in every 7 consecutive days; the order of 1919 limited
employment to not more than 6 days in any one week.
1918, 1919. 1920.
1923
Manufacturing.

Industrial welfare commission order No. 11, Jan. !B, 1919; order No . 11
amended, .Aug. 26, 1919, Sep t . 25, 1920; order No. 11a, May 8, 1923

In the first order for ·t he manufacturing industry in 1918, the
provisions of the 1911 hour law for an 8-hour day or 48-hour week
94872 °-32- -2

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. DEVELOPMENT

OF LABOR LEGISLATION FO:k WOMEN

were repeated, and in addition a weekly limit of 6 days was set.
Subsequent orders of 1919, 1920, and 1923 have not changed these
provisions.
1919 I
Manufacturing, laun•
. ·
Industrial w elfare commission order No. 4 amended. Mar. 8, 1919
dry, etc.

An amended order of 1919, dealing with working conditions in
factories, provided that women employees were entitled to at .least
one hour for the noonday meal and that no woman should be permitted to return to work in less than half an hour. . Women whose
work continued through the evening were entitled to at least an hour
for the evenino- meal also.
The term " factory " was defined as including any mill, workshop,
or other manufacturing establishment and all buildings, sheds,
structures, or other places used for or in connection therewith, where
one or more persons are employed at manufacturing, including making, altering, repairing, finishing, bottling, canning, preserving, drying, packing, cleaning, or laundering of any article or thing.
This order rescinded No. 4 of 1917 for the fruit and vegetable
canning industry, and included the same provisions.
1919
Mercantile.

Industrial w elfare commission order No. 1S.

Feb. 17, 19W

Order No. 13, dealing with employment conditions in the mercantile industry, required that a minimum lunch period of 45 minutes
be allowed and that no woman be permitted to return to work in less
than half an hour. Women whose work was to continue through the
evening were entitled t? at least one hour for the evening meal.
1919, 1920, 1923
Mercantile.

Industrial w elfare commission order N b. 5 amended, June 21, 1919,
' July 31, 1920; order N o. 5a, Apr. 8, 1923

To the regulations of 1917 '( Order No. 5), which it repeated, the
1919 order added a 6-day week for women in mercantile establishments.
No change in these provisions was made in the revised orders of
1920 and 1923.
1919
Manufacturing, mercantile, etc.

Session laws 1919, ch. 248.

July 22, 1919

In 1919 the hour law was amended so as to include the operation
of elevators in office buildings. Except for the addition of a clause
limiting total hours to eight a day in case of employment in more
than one establishment during the day there were no further changes
in the provisions of the earlier law.
1919, 1920
Fish canning.

Industrial w elfare commission order No. 6 amended.

Aug. 20, 1919,
July 24, 1920

An order of 1919, amending No. 6 of 1917, limited the work of
labelers in the fish-canning industry to .8 hours a day, 6 days, 48
hours a week. For adult women in occupations oth~r than labeling
it added a basic 48-hour week to the basic 8-h.our-day and 6-day-week
provisions of 1917.
This ord~r further regulated overtime by requiring that any work
beyond 12 hours in any 24 must be paid for at not less than double
the regular rate, and that work on the day of rest must be paid for
at not less than one and one-quarter times the rate for the first 8
hours and double such time and one-quarter thereafter.
These regulations were restated in the order of 1920.

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CALIFORNIA

Industrial welfare commissi,on order No. 7 amended, Aug. !O, 1919,
July 31, 1920; order No. "ta, July 23, 1923

1919, 1920, 1923
Laundry, dry cleaning.

Another order of 1919 added a 6-day week to the provisions of
1917 for an 8-hour day and 48-hour week in the laundry and drycleaning industry. No changes were made in the superseding orders
of 1920 and 1923.
1919, 1920
Fruit and vegetable
packing.

Industrial w elfare commission order No. 8 amended.

Aug. 20, 1919,
July 24, 1920

The 1919 order for the fruit and vegetable packing industry added
a basic 6-day week for the dried-fruit workers, with payment for
work on the day of rest at one and one-quarter times the minimum
rate. To the 1918 provisions for fresh-fruit and vegetable workers
it added a basic 48-hour week and pay for overtime beyond 12 hours
in any 24 of not less than double the regular rate. For work beyond
8 hours on the day of rest, double one and one-quarter times the
minimum rate was required.
Occupations covered by the hour law were exempted from the
provisions for workers on fresh fruit and vegetables.
A new order in 1920 did not change the provisions of 1919.
1919, 1920
General and professional offices.

Industrial welfare commission order No. 9 amended.

Aug. 20 1919,
J1tly 31, 1920

An 8-hour day, 48-hour week, was added in 1919 to the 6-day
week requirement of the preceding year for office workers. Those
covered by the 1919 mercantile order were exempt.
These regulations were unchanged by the order of 1920, but were
not reenacted in 1923 when orders for other industries were reissued.
1919
Hotels, restaurants, etc.

Indtustria,l welfare oommiission orde,r No. 12.

Sept. 11, 1919

· In 1919 the industrial welfare commission issued its first order
applying to hotels, lodging houses, apartment houses, restaurants,
cafeterias, or other places where food or drink is sold to be consumed
on the premises, to food-catering departments of mercantile establishments, and to hospitals. For women employed in such establishments, with the exception of graduate nurses, nurses in training, and
other professional women, all of whom were exempted, the weekly
hours were limited to 48, the daily hours to 8 to be worked within a
period of 13 hours. The order fixed a basic 6-day week and provided
that, in cases of emergency, full-time workers employed on the day
of rest should be paid at not less than one and a quarter times the
legal minimum daily rate. Firms employing women on their day of
rest in an emergency were required to mail to the industrial welfare
commission, within the week in which the emergency occurred, a
statement of the nature of the emergency, the names of the women
employed_, the number of ho'urs worked during the week, and the
wages paid.
•
1919, 1920
Fruit and vegetable
canning.

Industrial welfare commission order . No. S amended.

July 11, 1919,
June 26, 1920

The amended order of 1919 for the fruit-and-vegetable-canning
industry restricted the work of labelers to 8 hours a day, and 48
hours, 6 days a week. For women in other occupations in the industry the basic 8-hour day, 6-day week, and overtime provisions of

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DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN

1917 and 1918 were continued, but provisions were added for a basic
48-hour week and for all work done on the day of rest to be paid
for at the rate of time and one-quarter the time or piece rates for the
first 8 hours and double said time and one-quarter thereafter.
The 1920 order repeated the provisions of 1919.
1920
Unskilled and unclassified occupations.
Industrial w elfare commission order No. 10 amended.

July 81, 1!120

An amendment in 1920 provided that women in unskilled and unclassified occupations who are employed for 6 hours a clay or less may
work 7 days a week.
1920
Hotels, restaurants, etc. I n dustri al w elfare commiss,lon order No. 12 a'rncnded.

July 31, 1920

The 1919 provisions for hotels, restaurants, etc., were repeated in
thi& order of 1920 and a provision was added that women working 6
hours a day or less might be employed 7 days a week without extra
pay.
1920
Agricultural occupations.

Industrial welfare commi ssi on order No. 14.

July 24, 1920

Agricultural occupations were covered in an order of 1920 that
established a 48-hour week, a basic 6-day week and 8-hour day. It
required that emergency overtime in excess of 8 and up to 12 hours
must be paid for at not less than one and one-quarter times the minimum time or piece rate and any overtime beyond 12 hours at not less
than double the minimum time or piece rates.
' Work on the day of rest was to be paid for at not less than one :m,1
one-quarter times the minimum time or piece rates for the first 8
hours and at double said time and one-quarter thereafter.
Such occupations as are covered by the hour law were exempted.
This order was rescinded by the industrial welfare commission in
1922.
1921

Fruit and vegetable

canning.

Industrial welfare commission order No. S amended.

Jttly 21, 1921

In 1921 the fruit-and-vegetable-canning regulations of 1919 and
1920 were amended to provide a basic instead of an absolute 6-day
week for labelers and to bring them under the general provision
regulating work done on the day of rest.
1922
Needle trades.

In dustrial w elfare commissi on order No. 15.

June 10, 1922

In 1922 the industrial welfare commission issued an order covering
the needle-trades industry, which was defined as including factories
manufacturing wearing apparel ( other than handmade hats), tents,
bags, awnings, household furnishings, felt products, and leather products. Maximum hours of 8 a day, 48 a week, and 6 days a week were
set. However, before the order became effective, an injunction
agai~st it was granteq, thus preventing enforcement by the comm1ss10n.
.

1923
Fruit and vegetable
canning.

Industrial w elfare commission order No. Sa,

Aug. B, 19f S

In 1923 the absolute 6-day week for labelers in the fruit-and-vegetable-canning industry was restored, and consequently the day of rest
regulation was omitted. Th~ provisions of 1919 and 1920 were
repeated.

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CALIFORNIA
1923
l<'ish canninl'.

Industrial welfare commission order No. 6a.

13
May 9, 1923

Office workers in the fish-canning industry were brought under the
same hour regulations as labelers in 1923 and the exemption of those
occupations covered by the hour law was dropped. Aside from this,
earlier provisions were continued in this order, which still governs
the fish-canning industry.
1923
Fruit and vegetable
packing.

Indusfrial welfare commission order No. Ba.

Aug. 8, 1923

The work of women in dried-fruit packing was limited in 1923 to
6 days a week without overtime as provided in 1919 and 1920. The
8-hour day, 48-hour week, of 1918 was continued for these workers
and office workers in the industry were brought under the same regulations. No change was made in the 1919 and 1920 provisions for
fresh-fruit-and-vegetable workers except that the previous exemption
·
for workers covered by the hour law was omitted.
1923
Unclassified occupations.

Industrial welfare commission order No. 10a.

Sept. 14, 1923

The order of 1923 issued for unclassified occupations omits mention of the skilled trades but adds millinery and the cracking and
sorting of nuts to the occupations exempted. Otherwise the provisions of previous orders remain unaltered.
1923
Hotels, restaurants, etc.

Indust1'ial welfare commission order No. 12a.

Sept. 14, 1923

The 1923 order for hotels, restaurants, etc., dropped the 1919 overtime provision for full-time workers and limited their week to 6 days.
The 8-hour-day and the 48-hour-week provisions of 1919 were continued, as was the_added provision of 1920.
1923
Nut crackinl' and sorting.

Industrial welfare commission order No. 15a.

Sept. 14, 1923

An order in 1923 covering the nut-cracking-and-sorting industry
established for women workers an 8-hour day, or 6-day or 48-hour
week.
1926
Motion-picture industry.

Industrial welfare commi ssion order N o. 16.

Mar. 16, 19U

In 1926 an order was issued applying to extras in the motion-picture industry who receive a wage of $15 a day or less. Itfrovides
for a basic 8-hour day, and for emergency work in excess o 8 hours
the following rates are prescribed :
After
After
After
paid.
After

8 and up to 10 hours, not less than one-quarter of the daily wage paid.
10 and up to 12 hours, not le s than one-half of the daily wage paid.
12 and up to 14 hours, not less than three-fourths of the daily wage
14 hours, not less than double the daily wage paid.

An allowance of at least half an hour for each meal is required and
meals and hot drinks must be provided for women required to work
in excess of an 8-hour day, after 11.30 p. m.
1928, 1929
Fruit and vegetable
canning.

Industrial welfare cornmission order No. 3a.

June 4, 19!8,
Sept. 14, 1929

In 1928 the industrial welfare commission ruled that in the fruitand-vegetable-canning industry overtime rates of pay shall be based
on the rates paid in regular time, instead of on the minimum rates.
A further amendment provides that if work continues after 7.30
p . m. (instead of "through the evening" as in 1917) a meal period

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DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN

of at least an hour shall be allowed and no woman shall be permitted
to return to work in less than half an hour. No further changes
were made in the order of 1929.
1929
Industrial w elfare commission.

Session laws 1929, ch. 256.

Aug. 14, 1929

The act of 1913, creating the industrial welfare commission, was
amended in 1929 to require that employers of women keep and maintain at their plant s pay-roll records showing the hours worked daily
and the wages paid to their women employees, such records to be in
accordance with rules of the industrial welfare commission and to be
kept on file for at least one year. Heretofore such requirements have
been specified in the orders issued by the industrial welfare commission, the aot of 1913 r equiring only that a register of names, ages, and
residence addresses of women and minors be kept.
1929
Manufacturing, mercantile, etc.

Bess.i on l aws 1929, ohs. 286, 266, 40.

A u g. 14, 1929

The hour law of 1911, as amended in 1913, 1917, and 1919, was
again amended in 1929 to cover women employed in barber shops
and by adding the words" or industry," thus applying the limitation
of hours to women employed in " any manufacturing, mechanical,
or mercantile establishment or industry," etc. ( Ch. 286.) Accurate
records of names and actual hours worked by all female employees
are required ( ch. 266) ; the maximum fine for a first violation of the
law is increased from $50 to $100, and managers, superintendents,
agents or officers, as well as employers, are made liable for violations.
(Ch. 40.)
1931
Motion-picture industry.

Industrial w elfare commission order No. 16-A..

A.pr. 11, 19S1

Revised in 1931, the order affecting extras in the motion-picture
industry continues the provision for a basic 8-hour· day. The 1926
wage rates for overtime are repeated, but the workday is restricted
to 16 hours in any 24. Work on the seventh day must be paid for at
the rate of time and one-half of one-sixth of the weekly wage for
the first 8 hours or fraction thereof; and an additional one-half of
one-sixth of the weekly wage for each additional 2 hours or fraction
thereof. Overtime for weekly workers must be computed on a daily
basis and shall not be cumulative.
Meal periods-not to be included in computing time of employment-shall not be less than one-half hour nor more than 1½ hours
in length, and shall be provided not later than 5½ hours after an
extra is told to and does report for employment.
The requirement of the 1926 order that food and hot drinks shall
be provided for women required to work after 11.30 p. m. is continued. Numerous other provisions of the order relate to general
working conditions.
An extra is defined as a woman or a minor employed to act, sing,
dance, or otherwise perform iil the production of motion pictures at
a wage of $15 or under per day or $65 or under per week. A minor
is a person of either sex under 18 years of age.
1931
Motion-.p icture industry,

Industrial welfare commission order No. 11.

Aug. 11, 19S1

Another order of 1931 affects women 18 years of age or over employed in the motion-picture industry at a salary of $40 a week or

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CALIFORN1A

less, who do not act, sing, dance, or otherwise perform. Hours 0£
labor shall not exceed 8 a day, 48 a week, or 6 days a week, except
in case 0£ emergency. One and one-half times the rate paid in regular. time must be paid £or all work in excess of 8 hours and up to 12,
and double the regular rate for work in excess of 12 hours in any
day of 24 hours. If work is done on the day of rest, one and one-half
times the regular rate must be paid for the first 8 hours and double
the regular rate for all hours over 8. Double the regular rate also
must be paid £or work performed on legal holidays. Overtime £or
weekly workers must be computed on a daily basis and shall not be
cumulative.
Meal periods are required of not less than one-half hour and not
more than 1½ hours, and no woman shall be permitted to work "an
excessive number of hours" without a meal period. Food and hot
drinks must be provided £or women who are required to work after
11.30 p. m.
1931

Any establishment.

Inclitstr·i al welfare commission order No. 18.

F eb. 26, 1932

An order 0£ 1931 establishing sanitary regulations provides that
women workers in any occupation, trade, or industry except the motion-picture industry (see order No. 16-A) shall be entitled to at lea~-t
one hour for meals, shall not be allowed to return to work in less than
one-half hour, and shall not be permitted to work an excessive number of hours without a meal period.
This provision with its extended coverage lengthens the meal
allowance for women in mercantile establishments, as specified in
order No. 13 of 1919; which it rescinds together with No. 4 amended,
1919.
NIGHT-WORK LAWS
1918
Manufacturing.

I ndustr ial we lfare commission order No. 11.

Jan. !, 1919

Although no night-work law exists in California, regulations
regarding night work are embodied in the general orders of the
industrial welfare commission. For violation of these provisions
the same penalty applies as for violation of hour regulations-that
specified in the act of 1913 creating the industrial welfare commission.
The earliest night-work ruling appeared in the first manufacturing
order of the industrial welfare commission issued in 1918. This order
forbade the employment of women in the manufacturing industry
between 10.30 p. m. and 6 a. m., but provided that the commjssion
might issue permits for work at night in cases of essential war work
or a continuous process that can not be controlled in any other way.
1919
Manufacturing.

·
Industr ial welfare commission order No. 11 amended.

Aug. 26, 1919

The manufacturing order of the next year provided that women
should not be employed after 11 o'clock at night, instead of 10.30,
nor before 6 o'clock in the morning. A permit £or night work would
be granted only when a continuous process required, in which case
the rate of pay was that set for part-time day workers, and therefo1.·e
higher than the regular day rate.
1919
Fruit and vegetable
canning.

Industrial welfare commission order No . 3 amended.

July 11, 1919

In the fruit and vegetable canning order of 1919 the employment
of women was prohibited between 10 p. m. and 6 a. m. This regu-

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DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN

lation was not repeated, however, in the order of 1920, effective
June 26, nor in any of the subsequent orders of the commission
affecting this industry.
1919
General and professional
offices.

Industrial welfare commission order No. 9 amended.

Aug. !0, 1919

The 1919 order for general and professional offices, like the fruit ·
and vegetable cann ing order of that year, prohibited the employment
of women between 10 p. m. and 6 a. m. Howeve:r, the superseding
order of 1920, effective July 31, did not repeat this provision.
Industrial welfare commission order No. 6 amended.

1919, 1920
Fish canning.

Aug. 20, 1919,
July 24, 1920

According to the 1919 order for the fish-canning industry, all
work done between 10 p. m. and 6 a. m. was to be paid at one and
one-quarter the minimum time rate. This provision was repeated
in the order of 1920 and held until 1923, when it was dropped in the
order of that year, effective May 9, though such order retained the
provision that work in excess of 12 hours in 24 should be paid at
double rates.
1919, 1920, 1923
Laundry, dry .c leaning.

Industrial welfare commission order N o. '1 amended, A.u,g. 20, 1919,
July 31, 1920; or der No. '1a, July 23, 1923

Since 1919 the industrial welfare commission in its orders has
prohibited the employment of women in laundry and dry-cleaning
establishments bet ween 10 o'cloc~ at night and 6 o'clock in the
morning.
1919, 1920
Fruit and ve~etable
packing.

Industrial welfare commu.-:Hon order No. 8, Aug. 20, 1919; order No. 8
am ended, July 24, 1920

The fruit and vegetable packing orders of 1919 and 1920 also
prohibited women in this industry from working between 10 p. m.
and 6 a. m.
1923
Fruit and vegetable
packing._

Industrial welfare commission order N o. Sa.

Aug. 8, 1923

The 1923 order for this industry continued the night-work prohibition for dried-fruit workers only.
1920, 1923
Manufacturing.

Industrial welfare commission orde1· No. 11 amended, Sept. 25, 1920;
order No . 11a, May 8, 1923

The 1920 manufacturing order repeated the 1919 provisions as to
night work and added that work done under permit from the commission must be paid for at not less than one and one-half times the
day rate.
The superseding order of 1923 retained these provisions.
1922
Needle trades.

Industri.al welfare commission order No. 15.

June 10, 192!

The needle-trades order of 1922 included a prohibition of night
work between 11 p. m. and 6 a. m. However, this order was never
enforced because of an injunction granted before it became effective.
1923
Nut cracking and sorting.

Industrial welfare commission order No. 15a.

The employment of women in
dustry between 11 p. m. and 6 a.
order provides, however, that a
granted by the industrial welfare
performed is a continuous process

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Sept. 14, 192~

the nut-cracking and sorting inm. was prohibited in 1923. The
permit for night work may be
commission when the work to be
that can not be controlled in any

. 17

CALIFORNIA

other way. In such case the work is to be paid for at not less than
one and one-half times the day rates.
FRE•EDOM OF OCCUPATION
Constitution 18?"9, art. f0, sec. 18.

1879

Jan. 1, 1880

The constitution of the State o:f California, adopted in 1879, provides that " no person shall, on account o:f sex, be disqualified :from
entering upon or pursuing any law:ful business, vocation, or profession."
PROHIBITORY OR REGULATORY LAWS
1916, 1917
Fruit and vegetable
canning.

Industrial welfare commission order No. 1!, A.pr. 13, 1916; order No . 4,
June 15, 1911

The 1916 order o:f the industrial welfare commission fixing standard working conditions in the :fruit and vegetable canning industry
provided that no woman should be required or permitted to carry
any box, box o:f :fruit, vegetables, re:fuse, trays o:f cans, or any heavy
burden to or from her place o:f work in the establishment. The
penalty for violation o:f this as of all other provisions in the commission's orders is that specified in the act o:f 1913 ( ch. 324) creating
the industrial welfare commission.
These regulations of order No. 2 were repeated in No. 4 o:f 1917.
1919
Manufacturing, laundry.

Industrial welfare commiss,ion order No.

4 aniended.

Mar. 8, 1919

An order of 1919, applying to :factories in general, and including
laundry and dry-cleaning plants, provides that no woman shall be required or, permitted to li:ft or carry any excessive burden. This
supersedes the 1916 and 1917 provision :for the :fruit-and-vegetablecanning industry.
1919
Mercantile.

Industrial welfare commission order No. 13.

Feb. 11, 191!0

The general provision of 1919 for factorie was included in the
1919 order regulating employment conditions in the mercantile industry.
1920
Agricultural occupations.

Indust?-ial welfare commission order No. 14.

July f4, 191!0

In agricultural occupations an order of 1920 provided that no
woman should be permitted or required to lift any burden in excess
of 25 pounds. This order was rescinded in 1922.
1921
l\'lanufacturing, mercantile, canning, etc.

Session laws 1921, ch. 903.

Aug. 1!, 191!1

An act of the legislature of 1921 provided that women in mills,
workshops, packing, canning, or mercantile establishments should
not be requested or permitted to lift boxes, baskets, or other receptacles or bundles weighing, with their contents, 75 pounds or over;
and that objects that are to be moved by women must be equipped
with pulleys, casters, or other contrivances. Whoever violates this
law is guilty of a misdemeanor and is punishable by a fine of not
more than $50 for every day's failure to provide the proper appliances.
1928, 1929
Fruit and vegetable
canning.

Inditstrial w elfare comnvission order No. ,'la.

June

4, 191!8, Sept.

14, 191!9

In 1928 the industrial welfare commission ruled that no woman in
the fruit-and-vegetable-canning industry shall be required or permitted to lift or carry any burden in excess of 25 pounds.

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DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN

1929
Manufacturing, mercantile, etc.

Session laws 1!m9, ch. 768.

Aug. 14, 1929

The act of 1921 was amended in 1929 by reducing the maximum
weight from 75 to 50 pounds; by extending the scope of the law to
cover restaurants and " any other establishment employing women";
and by providing that no woman shall be requested or permitted to
carry any box, tray, or other receptacle weighing, with its contents,
10 pounds or over , up or down any stairway or series of stairways
that rise for more than 5 feet from the base thereof. A further
change in the law is in the provision of a fine of $500 for violation,
or imprisonment for not more than 60 days, or both. Employers,
managers, superintendents, agents, or officers are liable for violations.
1931

Any establishment.

Industrial welfare commission order No. 18.

Feb. £6, 1932

In an order of 1931 the lifting or carrying of any burden ~eighing
more than 25 pounds is prohibited in any occupation, trade, or industry, except the motion-picture industry. This order rescinds No.
4 amended, 1919, and No. 13, 1920.
SEATING LAWS
1889
Manufacturing, mercantile.

Session laws 1889, ch. 5, sec. 5.

Feb . 6, 1889

A law enacted in California in 1889 required every employer of
women in any manufacturing, mechanical, or mercantile establishment to provide suitable seats and permit their use when the women
were not necessarily engaged in the active duties for which they were
employed.
·
·
The penalty for violation was a fine of $50 to $100 for each offense.
1903
Manufacturing, mercantile.

Session laws 1903, ch. 12.

Apr. 13, 1903

In 1903 the seating law was amended to require not less than one
seat for every three women employed. Other provisions of 1889 were
r etained.
1911

Manufacturing, mercantile, etc.

.
Session lciws 1911, ch . 258.

May 21, 1911

A new law in 1911 required seats in laundries, hotels, restaurants,
and other establishments employing women, as well as in manufacturing, mechanical, and mercantile establishments.
It stipulated that suitable seats be provided for all women employees and that their use be permitted when the women were not
engaged in the active duties of their employment.
The penalty for violation was a fine of from $50 to $300, or imprisonment for 5 to 30 days, or both such fine and imprisonment.
1913
Manufacturing, mercantile, etc.

Session laws 1913, ch. 352.

Aug. 10, 1913

A revision in 1913 of the act of 1911 changed only the penalty
clause, to provide fo r the first offense, a fine of from $25 to $50 ; for
the second offense, a fine of $100 to $250, or imprisonment for not
more than 60 days, or both fine and imprisonment.
1916
Fruit and vegetable
canning.

Industrial welfare comm'ission 01·der No. 13.

Apr. 14, 1916

The fruit-and-vegetable-canning order of 1916 required that seats
be provided for each and every woman employed in tha.,t industry and

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OAttFORNli

that their use be permitted at all times. The penalty provided :for
violation was the same as for violation of any other of the commission's regulations.
1917
Fruit and vegetable
canning.

I n dustrial w elfare commission order No. 4-

J u n e 15, 1911

The order of 1917 setting up standard working conditions in the
fruit-and-vegetable-canning industry required that seats be provided
for all women employed and that such seats be capable of adjustment
and be kept so adjusted to the worktable that the position of the
worker relative to the worktable should be substantially the same
whether seated or standing. Although the order became effective
June 15, 1917, this provision applied only to new installations until
after March, 1918, when it became generally effective.
1919
Laundry, manufacturing.

Industrial welfare commission order No.

4 amended.

Mar. 8, 1919

The regulations of 1917 for the fruit-and-vegetable-canning industry were repeated in an order of 1919 relating to working conditions
in factories, which by definition include any mill, workshop, or other
manufacturing establishment and all buildings, sheds, structures, or
other places used for or in connection therewith, where one or more
persons are employed at manufacturing, including making, altering,
repairing, finishing, bottling, canning, preserving, drying, packing,
cleaning, or laundering of any article or thing. This order supersedes No. 4 of 1917.
1919
Mercant ile.

Industrial w elfare commission order No. 13.

F eb. 17, 1920

Employment conditions in the mercantile industry were the subject of an order of the industrial welfare commission in 1919. In
rooms where manufacturing, altering, repairing, finishing, cleanin g,
or laundering is carried on, the seating requirement is the same as
that of 1919 for factories. Elsewhere in mercantile establishments
seats of the proper height are required, to the number of at least one
seat for every two women employed, to be evenly distributed in that
proportion. A s in other cases, the women must be permitted the use
of the seats when not engaged in th~ active duties of their occupation.
1928, 1929
Fruit and vegetable
canning.
Industrial wel f are commiSsi on order No. Sa.

June 4, 1928, Sep t. 14, 1929

The seating provision of 1919 for factories is included in the
amended orders of 1928 and 1929 for the fruit-and-vegetable-canning
industry.
1929
Manufacturing, mercantile, etc.

-Session law s 1929, ch. 40.

Aug. 14, 1929

An amendment to the seating law in 1929 jncreased the maximum
fin e for a first offense to $100 and made liable for violations managers, superintendents, agents, or officers, as well as emplo1ers.
1931
Motion-picture industry.

Industrial welfare commissi on order No. 16- A..

A.pr. 11, 1931

Suitable seats on sets or location are _required in an order of 1931
for women employed as extras in the motion-picture industry. The
order specifies that the seats shall be reserved for the women to u e
when they are not engaged in the active duties of their employment.
Extras are defined as women who act, sing, dance, or otherwise per-

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DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN

iorm in the production of motion pictures at not more than $15 a
day or $65 a week.
1931
.Any establishment.

Industrial w elfare commissi on order No. 18.

Feb. 26, 1982

Orders No. 4, amended 1919, and No. 13 of 1919 were replaced in
1931 by an order setting up sanitary regulations for any occupation,
trade, or industry. In the new order are incorporated the seatin·g
provisions of' the rescinded orders. Seats of proper height are reguired and at least 1 seat for every 2 women to be evenly distributed
in that proportion. Seats may be used when the women are not engaged in the active duties of their occupations. As far as, and to
whatever extent, in the judgment of the industrial welfare commission, when women are required by the nature of their work to stand,
a relief period of not less than 10 minutes must be given every 2
hours. Also, as far as, and to whatever extent, in the judgment of
the commission, the nature of the work permits, seats shall be provided at work t ables or machines for all women, such seats to be
adjustable and kept so adjusted that the position of the workers
relative to their work is substantially the same whether seated or
standing. Work tables, including cutting and canning tables and
sorting belts, must be of such dimensions and, design that there are
no physical impediments to efficient work in either a sitting or a
standing position. Individually adjustable foot rests must be provided and all new installations must be approved by the commission.

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COLORADO
HOUR LAWS
1903
Manufacturing, mercantile.

Session laws 1903, ch. 138.

Apr. 11, 190l

The first hour law :for women in Colorado was enacted in 1903. It
provided that no woman should be required to work or labor for
more than 8 hours in the 24-hour day in any mill, factory, manufacturing establishment, shop, or store where the work, by its nature,
required the woman to stand or to be upon her feet in order to perform her labors satisfactorily. Violation constituted a misdemeanor
punishable for each offense by a fine of $100 to $500, or by imprisonment from 2 to 4 months, or by both fine and imprisonment.
1913
Manufacturing, mercantile, etc.

Session laws 1913, p. 69£.

Jan. 22, 1913

A new law, repealing the act of 1903, was adopted at the general
election on November 5, 1912, and became effective in January, 1913.
It provides that no woman shall be "employed" (instead of "required to work") in manufacturing, mechanical, or mercantile establishments, laundries, hotels, or restaurants more than 8 hours during
any 24 hours of any one calendar day. The 8 hours may be worked
at any time during the 24. Noncompliance is a misa emeanor punishable by a fine of $50 to $500, or imprisonment of 30 days to 6 months,
or both such fine and imprisonment. Each day's violation constitutes
a separate offense.
PROHIBITORY OR REGULATORY LAWS
1885
Coal mines.

S ession law s 1885, pp. 138, JJ,0, secs. 5, 11.

A.pr. 8, 1885

The Colorado mining law enacted in 1885 provided that women
should not be permitted to enter any coal mine to work therein. Violation was punishable by a fine of $100 to $500. Another section of
the law stated that if the requirements of the law were not met any
court might restrain the owner or agent from working or operating
such mine with more than 12 miners under ground during each 24
hours until the act was conformed with. The provisions of the act
applied only to mines employing 10 or more men.
1913
Coal mines, .c oke ovens.

S ession laws 1913, ch. 56, secs. 108, 1"1!.

Apr. 4, 1913

The mining act of this year, which repeals the law of 1885, prohibits the employment of women in or about coal mines or coke ovens
except in a clerical capacity in an office. Violation is a misdemeanor
punishable by a fine of not more than $1,000, or imprisonment for
not more than a year, or both fine and imprisonment. Each day's
violation is a separate offense.
21

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l>EVELOl>MENT OF LABOR LEG!SLATION FOR WOMEN

SEATING LAWS
1885
Manufacturinc, mercantile.

Session law1t 1885, p. !97.

Apr. !, 1885

A law passed in 1885, and still in effect, requires manufacturing,
mechanical, or mercantile establishments employing women to provide suitable seats for them and to permit the use of such seats when
the women are not necessarily engaged in the active duties of their
employment. The penalty for violation of this act is a fine of $10 to
$30 for each o:ff ense.

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CONNECTICUT
HOUR LAWS
1887
Manufacturing, mercantile.

Session Zawe 1881, ch. 6!.

July 1, 188'1

In Connecticut the first law regulating women's hours was passed
in 1887. It limited the day's work to 10 hours in manufacturing,
mechanical, and mercantile establishments, except when necessary to
make repairs to prevent the interruption of the ordinary running of
machinery, or to allow one shorter day in the week. In no case, however, was the weekly limit to exceed 60 hours. Posting of daily hours
was required, and for willful violation of the law a maximum fine of
$20 for each offense was provided.
1907
Manufacturing, mercantile.

Session laws W07, ch. !51.

Sept. 1, 1907

In 1907 the hour law of 1887 was repealed and a new law was enacted. Accordingly, ·for women employed in any manufacturing,
mechanical, or mercantile establishment the . weekly hours were limited to 58 and the daily hours to 10 except when necessary to make
reJ?airs to prevent the interruption of the ordinary running of machmery or to make one shorter day in the week. If, however, an
employer gave notice to his employees (by posting) on or before
January 1 that the weekly hours in June, July, and August would
not exceed 55, he might employ women as much as 60 hours in any
week during the other 9 months of the year. Posting of daily hours
again was r equired and the 1887 penalty for violation of the law was
repeated.
1909
Manufacturing, mercantile.

Session laws 1909, ch. !00.

Oct. 1, 1909

In this year the 1907 law was repealed. All 1907 provisions, however, were reenacted for manufacturin~ and mechanical establishments. For mercantile establishments ' other than manufacturing
or mechanical " no daily limit of hours was specified, but the weekly
limit was fixed at 58 hours as in the earlier law.
As in the case of manufacturing and mechanical establishments,
60 hours a week was permitted for mercantile establishments during
9 months of the year if during June, July, and August the weekly
maximum did not exceed 55 hours. Exemption from the provisions
of the law for the period fro~ December 17 to 25 also was granted to
any mercantile establishment that during the year gave not fewer
than· 7 holidays with pay.
The penalty .for violation remained, as in the earlier laws, a fine of
not more than $20 for each offense.
1911
Mercantile.

Session laws W11, oh. ?:/8.

1v ov . 1, 1911

In 1911 a requirement for the posting of hour schedules was added
t9 the 1909 provi~ip:ns for mercantile establishments.
23

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DEVELOPMENT OF LABOR LEGISLATION 1fOR WOMEN

1913
Manufacturing, mercantile.

Session laws 1913, ch. 119.

Jan. 1, 1914

The hour law was again amended in 1913, the changes consisting of
reduction of weekly hours in manufacturing and mechanical establishments from 58 to 55 and elimination in the case of mercantile
establishments of the provision allowing 60 hours a week during
9 months of the year if 55 hours were worked during 3 months.
1917
Restaurants, etc.

Session laws 1917, ch. 300.

Jan. 1, 1918

A law enacted in 1917 established a 58-hour week for women em, ployed in public restaurants, cafes, dining rooms, barber shops, hairdressing or manicuring establishments, or photograph galleries.
H otels were exempt. Posting of hours of work was required and the
maximum fine for failure to comply with any provision of this law
was fixed at $100 for each offense.
1917
Bowling alleys.

Session laws 1917, ch. 300, sec. 4.

Jan. 1, 1918

The same 1917 act defined bowling alleys as mercantile establishments and specified that the provisions of the 1913 law relating to
such establishments should apply to bowling alleys.
1925
Mercantile.

Session laws 1925, ch. 153.

July 1, 19!Ui

This act repeats the provisions of 1913 for mercantile establishments, omitting any reference to bowling alleys defined as mercantile
establishments by the act of 1917.
1!)25
Bowling alleys, etc.

Session laws 1925, ch. 158, secs. 2,

July 1, 1925

Another act of 1925 covers public bowling alleys, shoe-shining establishments, and billiard and pool rooms, where women's hours are
limited to 58 a week ~ Posting of scheduled hours is required, and a
maximum fine of $100 is provided for noncompliance with the act.
1925
Restaurants, etc.

Session laws 1925, ch. 208.

July 1, 1925

An amendment in 1925 to the 1917 law covering public restaurants,
cafes, dining rooms, barber shops, hairdressing or manicuring establishments, or photograph galleries adds a 6-day weekly limit to the
58-hour regulation of the earlier law. Hotels are again exempted
and other provisions of the 1917 B,ct are continued.
NIGHT-WORK LAWS
1909
Mercantile. •

Session laws 1909, ch. 220.

Oct. 1, 1909

Night work was first regulated by law in Connecticut in 1909.
The· act of that year limiting daily and weekly hours of work also
declared that no woman working in mercantile establishments" other
than manufacturing and mechanical " should be employed after 10
o'clock at night unless the employer arranged 2 or more shifts or
sets of such employees, in which event no one shift should be employed more than 10 hours of the day. A maximum fine of $20 was
provided for violation of the law.
1913
Manufacturing, mercantile.

S ession laws 1913, ch. 179, sec. 3.

Jan. 1, 1914

In 1913 the night-work law was amended to cover manufacturing
and mechanical, as well as mercantile, establishments and the provision for shifts was omitted.

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CONNECTICUT
1917
Re1taurants, etc.

Session laws 1917, ch. SOO.

Jan. 1, 1918

Legislation of 1917 prohibited the employment of women between
10 o'clock at night and 6 o'clock in the morning in public restaurants,
cafes, dining rooms, barber shops, hairdressing or manicuring establishments, or photograph galleries. Hotels, however, were exempt
from this provision. Violation was punishable by a fine of not more
than $100.
1917
Bowling alleys.

Session laws i917, ch. SOO, sec.

Jan. 1, 1918

The same act defined bow ling alleys as mercantile establishments
and specified that the provisions of 1913 relating to mercantile establishments should apply also to bowling alleys, thus prohibiting the
employment of women after 10 o'clock at night in such places. A
maximum fine of $100 was provided for violation of the law.
1919
llanufacturing, mercantile.

Session laws 1919, ch. 195.

Julv 1, 1919

The amended law of 1919 prohibited the employment of women
in manufacturing, mechanical, and mercantile establishments between
10 p. m. and 6 a. m., but provided that in the event of war or other
serious emergency the governor might suspend this provision in such
industries or occupations as the emergency demanded.
1921
Bowlin&" alleys.

Session laws 19f1, ch. 2£0.

July 1, 19!1

By an amendment to the 1919 law public bowling alleys again were
declared to ·be mercantile establishments ·within the meaning of that
law, thus prohibiting night work in such alleys between 10 p. m.
and 6 a. m.
1925
Bowling alley■•

Session laws 19!5, oh. 156. July 1, mu
An amending act in 1925 exempted bowling alleys from the provisions of the night-work law affecting mercantile establishments.

1925
Bowlin&" alleys, etc.

Session laws 19f5, oh. 158.

July 1, 19!1

New legislation of the same year, however, applies to bowling
alleys, shoe-shining establishments, and billiard ,or pool rooms, and
forbids the employment 0£ women therein after 10 o'clock at night.
The penalty provided for violation of this act is a fine of not more
than $100.
PROHIBITORY OR REGULATORY LAWS
1913
Employment before and
after childbirth.

Session laws 1913, ch. 11!.

Aug. 1, 1913

Connecticut is one of the few States regulating the employment
of women before and after childbirth. An act of 1913, still effective,
makes it unlawful for the owner or other person in authority in a
factory, mercantile establishment, mill, or workshop knowingly to
employ or permit a woman to be employed within four weeks before
or four weeks after childbirth. Violation involves a fine of $25 or
imprisonment for not more than 30 days, or both fine and imprisonment.
SEATING LAWS
1893
Manufacturin&", mercantile.

Session laws 1893, ch. Tt.

July

so,

1119!

A law was passed in 1893 that requires mercantile, mechanical, or
manufacturing establishments to provide suitable seats for the use
94872°-32-3

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DEVELOPMEN'l' OF LABOR LEGISLATION FOR WOMEN

of all women employees and to permit the use of such seats when the
women are not necessarily engaged in the duties for which they are
employed. The penalty provided for violation was a fine of $5 to $50
for each offense.
1902

Manufacturing, mercantile.

General statutes, re,v. 190! , Bee. 410$.

Jul11 1, l!IOI

In the code of 1902 the maximum fine of $50 is repeated but no
minimum fine is specifi~d. Otherwise the law, which is still effective,
hafo not been changed since 1893.

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'DELAWARE
HOUR LA~7 S
1913
Manufacturing, mercantile, etc.

Session laws 1913, v. 27, ch. 175.

J u ly 1, 1913

In 1913 the Dela ware Legislature passed a law limiting the hours
of work of women in mercantile, mechanical, or manufacturing establishments, laundry, baking, or printing establishments, and telephone and telegraph offices or exchanges to 10 a day and 55 a week.
Twelve hours were permitted on one day if the weekly hours did not
exceed 55. If a woman worked for more than one concern her daily
and weekly hours must not exceed the number allowed in a single
establishment or occupation. The law provided further that not
more than 6 hours of continuous work should be allowed without an
interval of at least three-quarters of an hour. However, if the day's
work ended not later than 1.30 p. m., 6~~ hours of continuous employment were permitted.
·women employed in canning or preserving or in the preparation
for canning or preserving of perishable fruits and vegetables were
exempted. Hour schedules were to be posted, and penalties for violation of the law were fines of $20 to $50 for the first offense, $50 to
$200 for the second offense, and not less than $250 for the third
offense.
1917
Manufacturing, mercantile, etc.

Session laws 1917, v. £9, ch. 230.

Mar. 22, 1911

In 1917 the law was amended by adding to the industries already
covered restaurants, hotels, places of amusement, dressmaking establishments, and offices.
The daily and weekly hour limits of 1913 were continued, with
additional provisions for a 6-day week and a 30-minute allowance
for a midday or evening meal. Other provisions of the 1913 act
still hold.
NIGHT-WORK LAWS
1913
Manufacturing, mercantile, etc.

Session laws 1913, v. 1?:I, ch. 175.

July 1, 1913

Legislation of 1913 provided that if any of the work of women in
mercantile, mechanical, or manufacturing establishments, laundry,
baking, or printing establishments, and telephone and telegraph
offices or exchanges was performed between 11 p. m. and 7 a. m. the
hours must not exceed 8 in any 24. This law did not apply to the
canning and preserving nor to the preparation for canning and preserving of perishable fruits and vegetables.
The penalties provided for noncompliance were the same as those
for violation of daily and weekly hour regulations.
1917
Manufacturing, mercantile, etc.

.
Session laws 1917, v. fl9, ch. 230.

Mar. 22, 1911

As amended in 1917, the law prohibits night work in certain industries and regulates it in others.
27

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Federal Reserve Bank of St. Louis

DEVELOPMENT OF LABO'.R LlWISLA'l'ION FOlt WOMEN

In mechanical, manufacturing, laundry, baking, printing, and
dressmaking establishments and in offices women are not allowed to
work between 10 p. m. and 6 a. m.
In mercantile establishments, telephone and telegraph offices or
exchanges, restaurants, hotels, and places of amusement, if any work
is done by women b_etween 11 p. m. and 7 a. m., the hours must not
exceed 8 in any 24. The exemption of 1913 continues and the penalties for noncompliance remain the same.
SEATING LAWS
1887
Manufacturing, mercantile.

Sess-i on law s 1881, v. 18, ch. 238 .

Apr. 21, 1887

An act of 1887 required that suitable seats should be provided for
women employees in manufacturing, mechanical, or mercantile
est ablishments and that the use of such seats should be permitted
when the women were not necessarily engaged in the duties for which
they were employed.
A s penalty for noncompliance, the law im-p osed a fine of $25 to
$50 for each offense.
1897
Mercantile.

Sessio n laws 1891, v . 20, ch. 452.

A u g . 10, 189"1

In 1897 a law was passed :requiring storekeepers in New Castle
County to provide seats for their clerks and employees to use when
disengaged.
Violation of this provision constitut ed a misdemeanor punishable
by a fine of $10 for each day of noncompliance.
1915
Manufacturing, mercantile.

Session laws 1915, v. 28, ch . 219.

M ar. 8, 1915

In 1915 both the 1887 and the 1897 seating laws were r epealed.
1917
Manufacturing, mercantile, etc.

Session laws 1911, v . 29, ch. 231.

Jan. 1, 1918

Two years later a more inclusive seating law was enacted. In addition to the mercantile, mechanical, and manufacturing establishments
covered in the earlier laws, it applies to laundry, baking, or printing
establishments, dr essmaking establishments, places of amusement,
telephone or telegraph offices or exchanges, hotels, restaurants; and
offices. Suitable seats-at least one for every three women employed
at any one time-must be provided in the rooms where women work
and must be conveniently accessible during working hours.
Noncompliance constitutes a misdemeanor-punishable by a fine, for
the first offense of $10 to $50, and for the second and subsequent
offenses of $25 to $200.

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DISTRICT OF COLUMBIA
1914
Manufacturing, mercantile, etc.

HOUR LAWS
38 U. S. Stat. 291-292.

F eb. !4, 191t

The law regulating hours of labor in the District of Columbia was
enacted by Congress in 1914. No woman employed in any manufacturing, mechanical, or mercantile establishment, laundry, hotel,
restaurant, telegraph or telephone establishment or office, or by any
express or transportation company, may be employed more than 8
hours a day or more than 48 hours, 6 days, a week.
In establishments where 3 or more women are employed, continuous
work for more than 6 hours without an interval of at least threequarters of an hour is prohibited unless the day's employment ends
not later than 1.30 p. m., in which case 6½ hours may be worked
without a break. Posting of hour schedules is required and any
violation of the act is punishable by a fine of $20 to $50 for the first
offense, $50 to $200 for the second offense, and not less than $250
for the third offense.
SEATING LAWS
1895
Stores, offices,

factorie■ •

28 U. S. Stat. 964.

Mar. !, 1895

In 1895 Congress passed a law for the District of Columbia providing that all persons who employ women in stores, shops, offices.
or manufactories as clerks, assistants, operatives, or helpers in any
business, trade, or occupation are required to procure and provide
proper and suitable seats for all their women employees and to permit the use of these seats when the women are not actively employed ·
in their work. Violation of the law is a misdemeanor punishable by
a fine of not more than $25 with costs.
29

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GEORGIA
SEATING LAWS
1889
Hanufacturinr, mercantile.

Session laws 1889, Act 609.

Jan. 1, 1890

The law in Georgia requiring seats for women employed in manufacturing, mechanical, and mercantile establishments was passed in
1889 and became effective in 1890. According to its provisions suitable seats must be provided and their use must be permitted when
the women are not necessarily engaged in the active duties for which
they are employed. Failure to comply with the law incurs a fine of
$10 to $25 for each offense.
30

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IDAHO
HOUR LAWS
1913
Mechanical, mercantile, etc.

Session laws 1913, ch. 86.

May 7, 1913

The hour law now in effect in Idaho was enacted in 1913. It provides a maximu m day of 9 hours for women employe d in any mechanical or mercanti le establish ment, laundry, hotel or restaura nt,
telegrap h or telephon e establish ment, or office, or by any express or
transpor tation company . Women employe d in harvestin g, packing,
curing, canning, or drying of perishab le fruits or vegetabl es are
exempt. Posting of the act is required and the penalty for violation
of the law is a fine of $10 to $100 for each offense.
SEATING LAWS
1913
All industries.

Sesa,i on laws 1913, ch. 86.

May 7, 1913

The law of 1913 regulatin g women's hours of work also requires
establish ments where women are employe d to provide suitable seats
for women and to permit the use of such seats when the women are
not engaged in the active duties for which they are employe d. A
fine of $10 to $100 for ea.ch violation of the act is the penalty
prescribe d.
31

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ILLINOIS
HOUR LAWS
1893
Manufacturing, etc.

Session laws 1893, P. 101, a ct

of June 17, secs. 5-9.

July 1, 1893

The first hour law for women in Illinois was passed in 1893 and
established an 8-hour day and a 48-hour week for women employed
in any factory or workshop. The act defined manufacturing establishment, factory, or workshop as any place where goods or products were " manufactured or · repaired, cleaned or sorted, in whole
or in part, for sale, or for wages. Whenever any house, room, or
place is used for the purpose of carrying 9n any process of making,
altering, repairing, or finishing for sale, or for wages, any coats,
vests, trousers, knee pants, overalls, cloaks, shirts, ladies' waists,
purses, f eathers, artificial flowers, or cigars, or any wearing apparel
of any kind whatsoever, intended for sale, it shall, within the meaning of this aqt, be deemed a workshop for the purposes of inspection."
The posting of hour schedules was required by the law, which provided for violation of any of its provisions a fine of $3 to $100 for
each offense. The act created a factory inspector, an assistant, and
10 deputies, 5 of them to be women, who were empowered to visit
and inspect workshops, factories, and manufacturing establishments
wher e the manufacture of goods was carried on.
The section fixing hours of work for women was declared unconstitutional in 1895.
1909

Manufacturing, etc.

Sessi on laws 1909, pp. 212r-21S, act of June 15, secs. 1, 2.

July 1, 1909

For 14 years after the 8-hour law of 1893 was declared invalid in
1895, Illinois had no law regulating women's hours. In 1909 a law
was passed that provided a 10-hour day and applied to mechanical
establishments, factories, and laundries. Violation was a misdemeanor and was subject to a fine of $25 to $100 for each offense.
1911
Manufacturing, mercantile, etc.

S essi on law s 1911, p. 828, act of June 10, secs. 1, 2, 5.

JulY 1, 1911

The 10-hour law of 1909 was amended in 1911 to apply also to
women employed in any mercantile establishment, hotel or restaurant,
or telegraph or telephone establishment or office thereof, or by any
common carrier, or in any public institution, incorporated or unincorporated. Violations of these requirements involve fines of $25 to
$100 for each offense. The law further requires employers to keep
daily time records, and failure to do this or the making of a false
statement r elative to applying the law is punishable by a maximum
fine of $25 for each offense.
In an opinion r endered July 21, 1925, the State's attorney general
held that the authorities are "justified in continuing to enforce this
law as applying to the offices of any of the industrie~ m~nt10neq
in * * * the act."
~2

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i:tLrN6rs
FREEDOM OF OCCUPATION
i872

Sess-i o,i iaws i.S,i-72, p. 578, act of Mar. 2~.

Juiy

187'2

As early as 1872 Illinois passed an ac_t declaring that no p~rson
shall be precluded or debarred from any occupation, profession, or
employment ( except military) on account of sex. Further provisjon
was made, however, that the eligibility of any person to an elective
office should not be affected by this act, and also that nothing in the
act should be construed as requiring any woman to work on streets
or roads or to serve on juries.
PROHIBITORY OR REGULATORY LAWS
1872
Coal mines.

Session laws 1871-72, p. 570, act of Mar. '27, secs. 6, 10.

July 1, 1812

In 1872 an act was passed prohibiting women from entering any
mine to work therein. The penalty for violation was $10 to $100
fine, or 10 days' to 6 months' imprisonment, or both, in the discretion
of the court.
1879
Coal mines.

Session laws 1879, p. 207, act of May 28, sec. 10.

July 1, 1879

In this year the penalty for violation of the act of 1872 was changed
to provide for a first offense a fine of $50 to $200 and for a second
offense a fine of $100 to $500.
1899
Coal mines.

Session laws 1899, pp. 320, 324, act of Apr. 18, secs. 22, 33.

Jitly 1, 1899

Twenty years later, in 1899, the law was revised to prohibit women
from doing " any manual labor in or about any mine," instead of
from "entering any mine to work therein." The penalty for violation was changed to a fine not exceeding $500, or imprisonment not
exceeding six months, or both, at the discretion of the court.
The act defines " mine " and " coal mine " as " any and all parts
of the property of a mining plant, on the surface or under ground,
which contribute, directly or indirectly, under one management, to
the mining or handling of coal."
1921
.Metal mines.

Ses.s1on laws 1921, pp. 526, 527, 51,9, 561, act of June 29, secs. 1, 36, 48.
Jan. 1, 19£2

A law applying to metal mines and prohibiting women from any
manual labor in or about any mine was enacted in 1921. Noncompliance is punishable by a fine of not more than $500, or not more
than six months' imprisonment, or both. The act applies to all mines
producing minerals and employing an average of 10 men or more.
Minerals are defined as whatever is recognized by the standard authorities as mineral, whether metalliferous or nonmetalliferous, not
including coal, lignite, gas, oil, or any substance extracted in solution
or in the molten state through bore holes. The term "mine " includes
prospects, openings and open-cuts, and workings employing an average of 10 men or more and embraces any and all parts of the property of such " mine " and mining plant, on the surface or under
ground, that contribute directly or indirectly to the mining or handling of minerals.
SEATING LAWS
1901
Manufacturinc, etc.

Session laws 1901, p. 231, act of May 10, secs. 4, 9.

July 1, 1901

The first seating law in Illinois was passed in 1901. It required
that all establishments subject to factory inspection (see definition

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DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN

in hour laws, 1893) where women were employed should provide
suitable seats and permit their use when the women were not necessarily engaged in their active duties. Violation was punishable by a
fine of $10 to $100, or imprisonment for 10 to 30 days, or both, in
the discretion of the court.
1909
Manufacturin&", mercantile, etc.

Session laws 1909, pp. 204, 005, 009, 'U0, act of June

l , secs. 9, 26.
Jan. 1, 1910

An additional seating law was passed in 1909, applying to any
factory, mercantile establishment, mill, or workshop, definitions of
which are given in the act. It requires that not only suitable seats
but a reasonable number be provided, their use to be permitted when
employees are not necessarily engaged in their active duties and at
all times when such use will not actually and necessarily interfere
with the proper discharge of duties. Where practicable, the seats
must be so constructed or adjusted that when not in use they will not
hinder the employee in the performance of her duties. Noncompliance with the act is punishable by a fine of $10 to $50 for a first
offense and of $25 to $200 for a second offense.

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INDIANA
NIGHT-WORK LAWS
1899
Manufacturing.

Session laws 1899, ch. 142, secs. 8, 25.

A.pr. 27, 1899

The · employment of women in manufacturing plants between
10 p. m. and 6 a. m. has been prohibited in Indiana since 1899.
The law enacted at that time provides for its violation a maximum
fine of $50 for the first offense; a maximum of $100, to which may
be added not more than 10 days' imprisonment, for the second
offense; and a fine of not less than $250 and not more than 30 days'
imprisonment for the third offense.
PROHIBITORY OR REGULATORY LAWS
1905
Mines.

Session laws 1905, ch. 50, secs. 20, 24, 28.

A.pr. 15, 1905

Six yea.rs after the enactment of the night-work law the Indiana
Legislature passed a law that forbids wo:tnen to enter any mine
in the State for the purpose of employment therein. The law, which
is the mine regulations act and does not apply to mines employing
fewer than 10 men, provides for its violation a fine of not more than
$500 or imprisonment of not more than six months, or both.
SEATING LAWS
1891
Manufacturing, mercantile.

Session laws 1891, ch. 120.

Mar. 6, 1891

A law enacted in Indiana in 1891 required that in manufacturing,
mechanical, or mercantile establishments suitable seats were to be
provided for the use of women employees and that their use was
to be permitted when the women were not necessarily engaged in
the active duties for which they were employed. Violation of the
act incurred a fine of $10 to $30 for each offense.
1893
Any business.

Session laws 1893, ch. 168.

May 18, 189~

A revision in 1893 of the act of 1891 makes the law applicable to
women employed in "any business"

but leaves

it otherwise

unchanged.
1899
Manufacturing, mercantile, etc.

Session laws 1899, ch. 142, secs . 10, 25.

Mar. 6, 1899

Six years later still another law was passed, under the terms of
which an employer in any manufacturing or mercantile establishment, mine, quarry, laundry, renovating works, bakery, or printing
office must provide for each woman employee a suitable seat placed
conveniently where she works, and must permit her to use the seat
when not necessarily engaged in the active duties for which she is
employed. Where practicable the seat must be so constructed or
adjusted as to be a fixture and not obstruct the employee in the
performance of her duties. Violation of the act is punishable by a
fine of not more than $50 for the first ofiense; by a fine of not more
than $100, to which may be added imprisonment for not more than
JO days, for the second offense; and by a fine of not less than $250
and not more than 30 days' imprisonment for the third offense.
35

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Federal Reserve Bank of St. Louis

IOWA
SEATING LAWS
1892

Mercantile, manufacturing.

Session laws 1892, v. !4, ch. 41.

June ZS, 189!

By an act of 1892, employers of women in any mercantile or manufacturing business or occupation in Iowa were required to provide
and maintain suitable seats, when practicable, and to permit their use
to such extent as the work of the women might reasonably admit.
Any neglect or refusal to comply with this law was punishable by a
fine of not more than $10 and costs.
1924
Mercantile, manufacturing.

Oode 1924, secs. 1485, 1494.

Oct. 28, 1924

A revision of the seating law in 1924 adds workshops to the establishments covered and for violation of the act specifies a fine of not
more than $10 for each offense.
36

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Federal Reserve Bank of St. Louis

KANSAS
1915
Industrial welfare com•
mission.

HOUR LAWS
[J ess.i on law s 1915, ch. !15.

May Z2, l 915

In 1915 the Kansas Legislature created an industrial welfare commission and authorized it to issue, after investigation and hearings,
mandatory orders regulating wages, hours, and conditions of labor of
women employed in any trade or occupation within the State. Posting o:f the orders by employers was required and violation of the act
or of any of the provisions of the orders was declared a misdemeanor
punishable by a fine of $25 to $100.
1916
All industries.

Indu str ial welfar e commissi on order N o. 2.

D ec. 1, 1916

The first order of the industrial welfare commission having to do
with hours required every person employing women to keep a r ecord
of information about each employee, including, among other items,
the hours of work per day and per week.
1917
Mercantile.

Industrial welfare commission or der N o. 8.

F eb. 'l:'I, 1911

The earliest order fixing hours of labor covered mercantile est ablishments and was issued in 1917. It limited the week to 6 days and
the day to 9 hours, to be worked within }O consecutive hours.
1917
Mercantile.

Indt1,S tri al welfare commission or der N o. Sa.

A.pr . 13, 1917

Another order of 1917 added a provision to those of the earlier
mercantile order allowing work on 1 day of each week durin g 12 consecutive hours provided the limit of 9 hours was not exceeded.
1917
Laundries.

Industri al w elfar e commissio n or der No. 4.

A.pr. 6, 1911

Still another 1917 order regulated hours in laundries. It provided
a maximum 9-hour day, a 54-hour week, and allowed 1 hour overtime
daily if adequate compensation was paid. A lunch period of 1 hour
was required.
1918
Laundries.

Industr ial welfare commi ssion order N o. 1.

M ay 14, 1918

The laundry order o:f the next year required that the 9 hours of
work each day be continuous except for the 1-hour interval for lunch.
The weekly limit of 54 hours was repeated, but the provision of 1917
allowing overtime was omitted. The order provided that no woman
be compelled to work more than 6 consecutive hours without time for
lunch.
1918
Public housekeeping.

Industrial welfare commiSsion order N o. 8.

July 22, 1918

An order covering public-housekeeping occupations, also issued in
1918, provided for 2 different hour schedules, depending on whether
the employee worked on 6 or 7 days of the week. In neither case
might the weekly hours exceed 54, but, whereas the 7-day worker was
limited to 8 hours a day to be worked within a spread of 13 consecu37

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DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN

tive hours, the 6-day worker might be employed a maximum of 9
hours a day within 13 consecutive hours.
For all women in the industry a lunch period of 1 hour was
required.
1918
Telephone operators.

Industria l welfare commission order No. 9.

Sept. 5, 1918

A basic 8-hour day and 6-day week were set by this first order covering telephone operators. For overtime beyond the basic day payment was required at the rate of one and one-half times the hourly
rate of the basic day; for Sunday and holiday work, at the rate of
the basic day. The order provided :further that day operators were
to perform their basic day's work in 2 shifts or "tours," 1 of which
was, not to exceed 5 hours.
1919
Manufacturing .

Industrial welfare commission order No . 10.

Apr. 23, 1919

The first order for the manufacturing industry was issued in 1919.
A basic day of 8 hours was set, with a weekly limit of 55 hours and
of 6 days. Overtime was permitted in case of emergency if the
weekly hours were not exceeded, but 6me in excess of the basic day
was to be paid for at the rate of time and one-half of the hourly rate
of the basic day. Other provisions of the order limited continuous
labor to 5 hours and required a lunch period of at least 45 minutes.
1920
Manufacturing.

Industria l welfare commission order No. 11.

May 21, 1920

A new manufacturing order issued in 1920 was suspended by an
injunction and never became effective. The order of the previous
year, therefore, remained in force.
The 1920 order decreed 8 hours as the normal day's work and 48
hours, 6 days, as the weekly limit. A longer day might -be permitted
by the commission only to provide a half holiday. Overtime not to
exceed 2 hours a day ( except in the case of emergency) nor 7 hours
in any one week was permitted if paid for at the rate of time and onehalf of the regular pay. The provisions of 1919 limiting continuous
labor and fixing a minimum lunch period were repeated.
1921
Court of industrial relations.

Session law s 1921, ch. 263.

Mar. 16, 1921

In 1921 the powers and duties of the industrial welfare commission
were conferred upon the newly created court of industrial relations.
The law providing for this transfer of jurisdiction stipulated that all
orders and rules made by the commission should continue in force
until changed or repe.aled by the court.
1922
Mercantile.

Industrial we lfare order No. 14.

July 18, 1922

A new mercantile order in 1922 added a 54-hour-weekly limit to
the 9-hour day and 6-day week of the previous orders and allowed
employment for as long as 10 hours during 12 consecutive hours on
1 day of each week provided the maximum weekly hours were not
exceeded. The order also limited the period of continuous employment to 5 hours and required a 1-hour meal period.
The term "mercantile occupation" was defined to include the sales
force, the wrapping employees, the auditing and checking :force, the
shippers in the mail-order department, the receiving, marking~ and
stoc~-room employees~ sheet-m-usic sdeswomen and demonstrators,

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KANSAS

and all employees directly connected with the sale, purchase, and
disposition of goods, wares, and merchandise.
1922
Laundry.

Industrial welfare order No. 12.

July 18, 1922

In another order of the same year the laundry occupation was
defined to include laundry, dyeing, dry-cleaning, and pressing establishments. Daily hours again were limited to 9, now to be worked
within a period of 10 consecutive hours except in the case of a breakdown of machinery or other catastrophe beyond control of the employer, when the spread might be 12 hours, provided no woman was
permitted to work more than 9 hours a day, or 6 hours continuously
without relief for meals. Weekly hours, however , were reduced to
49½. Overtime to the extent of 2½ hours a week was allowed > provided it was paid for at the rate of time and one-half and provided
the daily hour limit was not exceeded. The requirement for a 1-hour
lunch period was repeated, with the proviso that it might be reduced
to not less than half an hour on application to the court of industrial
relations showing that both employer and employees preferred a
shorter period.
1922
Manufacturing.

I ndustrial welfare order No. 13.

July 18, 1922

" Manufacturing occupation " was defined by the manufacturing
order of this year as including all processes in the production of
commodities. The work performed in florists' shops and candymaking departments of confectionery stores and bakeries was included; also the work in millinery workrooms, dressmaking establishments, hemstitching and button shops, alteration, drapery, and
upholstery departments, unless such departments operating in connection with and as a part of a mercantile establishment were
granted permission by the court of industrial relations to operate
under the mercantile order.
The order provided for these occupations that work be limited to
9 hours a day and 49½ hours, 6 days, a week. Overtime, permitted
only in cases of emergency and not in exce s of 4½ honrs a week,
was to be paid for at the rate of time and one-half, and was to be
reported to the court of industrial relations at the end of each
calendar month. The order allowed for a meal relief of 45 minutes,
or not less than 30 minutes, by permission of the industrial court,
in plants working on an 8-hour basis.
Exemption from these regulations was granted to seasonal occupations handling perishable food products, such as canneries and
creameries, condenseries, and poultry houses, which may work the
4½ hours overtime allowed without penalty for 6 weeks during
their peak season or for two 3-week periods during any 1 year.
1922
Public housekeeping.

Indus t r ·ial welfare or der No. 15.

J uly 18, 192Z

A new public-housekeeping order of 1922 established maximum
hours of 8 a day and 48 hours, 6 days, a week.
It provided that where the work was continuous the 8 hours shonld
be worked in 1 continuous shift, or in 2 shifts with not less than 4
hours' relief between; where the work was not continuous, and where
the women were required to be on duty during the period of service

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DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN

of each of the 3 regular meals, the 8 hours might be arranged in a
broken shift of 3 divisions within a spread of 14 con~cutive hours,
provided that a period of at least 3 hours was allowed between the
second and third divisions of the shift.
The order required a lunch period of not le~ than one-half hour,
to fall within the total spread of hours, and not more than 5 hours
of work were allowed without relie:f for meals. Women employed
for only part time each day and for not more than 35 hours in any
one week were permitted to work 7 days a week.
The order defined the term "public-housekeeping occupation" to
include waitresses in restaurants, hotel dining rooms, and boarding
houses; attendants at ice-cream-soda fountains, light-lunch stands,
steam-table or counter work in cafeterias and delicatessens where
freshly cooked foods are served, and confect ionery stores where
lunches are served; the work of chambermaids in hotels, lodging and
boarding hom:; es, and hospitals; the work of janitresses, of car cleaners, of kitchen workers in hotels, restaurants, and hospitals; and the
work of women elevator operators and of cigar-stand and cashier
girls connected with such establishments.
1922
Manufacturing.

.Amendment to industrial w elfare order No. 13.

Oct. 10, 1922

An amendment to the manufacturing order, also in 1922, allows
poultry-dressing and poultry-packing establishments, in cases of
emergency, to work 11 hours a day and 58 hours a week for 4 of
the 6 weeks' peak season between October 15 and December 24 and
for 11 hours a day and 60 hours a week for the remaining 2 weeks,
provided that 1 of these latter weeks falls between ovember 1 and
Thanksgiving and the other between Thanksgiving and Christmas.
1923
Manufacturing.

.Amendrnent to industr ial w elfare order No. 13,

May 21, 1923

By another amendment to the manufacturing order of 1922, cream
testers· were allowed to work 6% days a week between May 1 and
September 1, but the weekly basis of 54 hours was not to be exceeded.
1925
Public service commi11sion.

Session law s 1925, ch. 258.

Mar. 10, 1925

In 1925 the jurisdiction, powers, authority, and duties of the court
of industrial relations were transferred to a new commission to be
known as the public service commission.
1925
Mercantile.

Amendment to industrial welfare order No. 14.

Oct. !, 1925

Soon after the public service commission was created an amendment to the mercantile order of 1922 was issued, which provided that
upon application to the women's division, showing that both employer and employees preferred a shorter time, a minimum lunch
period of 45 minutes was permissible.
1927, 1929
Mercantile.

Public service co1nmission order No. 3, Aug. 1, 1921 ; commission of
labor and industry order N o. 3, 1929

The order 0£ 1927 for the mercantile occupation extends from 12
to 13 the spread of hours_during which overtime up to 10 hours is
allowed on 1 day each week. It also provides exemption for regularly
registered pharmacists. Otherwise the earlier provisions are unaltered. This and the four other orders effective August 1, 1927,
were reissued intact by the commission of labor and industry in 1929.

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41 ·

KANSAS

Public serv ice comm.ission order No. 1, A ug . 1, 192"1; commis sion of
labor and i ndustr y or d er N o. 1, 1929

1927, 1.929
Laundry.

The public service commission issued a new laundry order in 1927,
omitting the provision for increased pay for overtime but making no
other change in the provisions of 1922.
1927, 1929
Public housekeeping.

Public service commission order No. 4, Aug. 1, 192"/; commi s8ion of
labor and i ndustry order N o. 4, 1929

The revised public-housekeeping order issued by the public service
commission in 1927 continues the 8-hour day and the 48-hour week
but omits the regulation for a 6-day week, the provision dealing
with shifts, and all reference to part-time workers. The lunch
period is reduced to not less than 20 minutes, with no requirement
that this time fall within the total spread of hours allowed. This
order adds attendants in ice-cream parlors to the list of employees
covered.
1927, 1929
Telephone operators.

Public service commission order No. 5, Aug. 1, 192"1; commission of
labor and industry or der N o. 5, 1929

The 1927 order for telephone operators repeats the provisions of
the 1918 order with the exception o-f that requiring payment for
daily overtime and Sunday or holiday work.
1927, 1929
Manufacturing.

Publi c service commission order N o. 2, Aug. 1, 1921 ; commi ssion of
·
labor and industr y ord er o. 2, 1929

The manufacturing order issued by the commission in 1927 restates
the provisions of order No. 13, 1922, with its amendments of 1922
and 1923.
1929
Commission of labor
and industry.

Session· laws 1929, ch. 258.

Mar . 19, 1929

In 1929 the public service commission as created in 1925 was
abolished and a commission of labor and industry was created, this
commission to consist of three members, one to be designated commissioner of labor, and to have charge of factory inspection, State mine
inspection, the State bureau of free employment, und the supervision
of laws pertaining to women and children in industry.
NIGHT-WORK LAWS

R egulations regarding night work for women have not been made
in any specific act of the legislature of Kansas, but such rulings have
been included in the industrial welfare orders for several industries.
The penalty for violation is the same as for noncompliance with all
other orders.
1917
Mercantile.

Industrial welfare commission order No. S, Feb. 21, 191"1,· order No.
Sa, A.pr. 13, 1917

Early in 1917 women in mercantile establishments were prohibited
from working later than 9 o'clock at night.
A second order of the same year repeated this requirement.
1918
Public housekeeping.

Industrial ioelfare commission or der N o. 8.

July 22, 1918

Women in public-housekeeping occupations working after midnight were defined by an order of 1918 as night workers and subject
to the following regulations: Those working a 6-day week were not
to be employed more than 8 hours within a period of 12 hours, nor
more than 48 hours a week; those working a 7-day week were not to
94872 ° -32~ -4

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DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN

be employed more than 7 hours within a period of 12 hours, nor more
than 48 hours a week.
Industrial welfare commission or<ler N o. 9, Sept. 5, 1918; public service commission order No. 5, Aug. 1, 1921

1918, 1927
Telephone operators.

The telephone order of 1918 and that of 1927 provide that operators regularly employed after 10.30 p. m. shall be on duty not longer
than 12 hours, including work time, sleep time, and rest.
1919
Manufacturing.

Indust rial welfare comm ission order N o. 10.

A.pr. 23, 1919

The employment of women in manufacturing plants between 9
p. m. and 6 a. m. was forbidden in 1919.
1920
Manufacturing.

Industri al welfare commission order No . 11.

May 21, 1920

In 1920 the hour after which women were not to be employed in
fac;tories was extended to 10 o'cl0ck, but the order that contained this
ruling was suspended by an injunction, and the 1919 regulations,
therefore, continued in force.
1921
Mercantile.

Amendment to industrial w elfare commission order No . Sa.

June 8, 1921

The mercantile order of 1921 added a provision to those of 1917
permitting the employment of women from June 15 to September 15
until 10 q'clock at night on the seventh day of the week.
1922
Mercantile.

Industria l we lfare order No. 14.

Jttly 18, 1922

The order of 1922 for mercantile establishments repeated the nightwork prohibition of 1917 and for the amendment of 1921 substituted
a provision that during the period from June 1 to September 15, or
such shorter period between those limits as might be deemed necessary, the court of industrial relations might issue a temporary order
extending the closing hour on one day of the week to 10 o'clock at
night in such communities as the agricultural trade might demand.
[NoTE.-The definition of mercantile occupations as given in this
order will be found in the summary of hour regulations, pp. 38-39.]
1922
Public hous·e keeping.

I n dustrial welfare order No . 15.

July 18, 1922

In 1922 the court of industrial relations prohibited women in public-housekeeping occupations from any work between midnight and
6 o'clock in the morning. [N OTE.-The definition of public-housekeeping occupations given in this order will be found in the discussion of daily-hour regulations, p. 39.]
1922
Public housekeeping.

Amendment t o industrial we lfare order No. 1.j_

Oct. 23, 1922

An amendment effective in the fall of the same year related to
railway lunchrooms operated by railway companies or by persons,
firms, or corporations having cont racted with railway companies to
furnish lunches to railway employees and passengers between midnight and 6 a. m. Women under 25 years of age were forbidden to
work in such establishments during these hours. Other women beginning work between these hours, or working between these hours
and terminating such work after 2 a. m., were restricted to 7 hours'
work daily and 42 hours' work weekly.
These regulations of order No. 15 and its amendment were discarded in the superseding order of the public service commission,
effective August 1, 1927, the ruling contained in this order regarding

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KANSAS

night work applying only to' women under 21, forbidding their
employment between midnight and 5 a. m.
Industria,l welfare order No. 13, July 18, 1922; public service commission orcler No. 2, Aug. 1, 19z-t; commission of labor and indtistry
order No. 2, 1929

1922, 1927, 1929
Manufacturing.

The 1922 and 1927 manufacturing orders repeated the night-work
regulation of the order of 1919 and contained a definition of the term
"manufacturing occupation." [NoTE.-This definition will be found
in the summary of hour regulations, pp. 39-40.]
Order No. 2 of the public service commission was carried intact
as an order of the commission of labor and industry in 1929.
Public service commission order No. 3, Aug. 1, 19Z'I; commission of
labor and industry order No. 3, 1929

1927, 1929
Mercantile.

The 1927 mercant ile order repeats 1917 and 1922 provisions, but
authorizes the women's division of the public service commission to
issue the permits. Women who are regularly registered pharmacists
are exempt from the provisions of this order.
In 1929 the only change was the substitution of the name of the
newly created agency to issue the permits.
Public service commission order No. 1, Aug. 1, 1927; comm,ission of
labor and i ndustry order No. 1, 1929

1927, 1929
Laundry.

The laundry order of 1927 is the first to contain any night-work
regulation affecting women . in this industry. It prohibits work between 9 p. m. and 6 a. m. in laundry, dyeing, dry-cleaning, and pressing establishments.
Order No. 1 of the public service commission was carried intact as
an order of the commission of labor and industry in 1929.
PROHIBITORY OR REG ULATORY LAWS
1915
Any occupation.

Session la ws 1915, ch. 275.

May /!2, 1915

The act creating the Kansas Industrial "\Velfare Commission made
it unlawful to employ women in any industry or occupation under
conditions of labor detrimental to t heir h ealth or welfare. No specific employment was named in this act, nor has any employment
been prohibited since by the industrial welfare commission or other
authorized body.
SEATING LAWS
1901
Mercantile, etc.

Session laws 1901, ch. 187.

May 1, 1901

In 1901 Kansas enacted a law requiring mercantile establishments,
stores, shops, hotels, restaurants, or other places employing women
or girls as clerks or help, to provide chairs, stools, or other contrivances for the comfortable use of the women employees and to permjt the use of such seats for the preservation of the health of the
women and for their rest when not actively employed in the discharge
of their duties. Violation of this act, which is still effective, is a misdemeanor punishable by a fine of $10 to $100.
1916, 1922, 1927,
1929
Laundries.

Industrial welfare commission order No . 1, Dec. 24, 1916; industrial
wel fare order No. 12, July 18, 1922; public service commission order
No. 1, Aiig . 1, 1927; commission of labor and indiistry order No . 1,
. 1929

Seating regulations in addition to those of the act of 1901 have
been included in industrial welfare orders for two industries. The
earliest order is that of 1916 setting up a ~anitary code for laundries.

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DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN

This specified that suitable seats must be provided in sufficient number for women and girls to use when not actively engaged at their
regular duties, and so far as practicable when operating machines
or when engaged at other duties. The penalty for violation of this,
as of other orders, is that fixed by the act of 1915 creating the industrial welfare commission.
This regulation was designated by order No. 12, 1922, as still in
force and applicable not only in laundries but in dyeing, dry-cleaning,
and pressing establishments. The same regulation is continued in
the laundry order of the public service commission in 1927 and of the
commission of labor and industry in 1929.
1919, 1920, 1922,
1927, 1929
Manufacturing.

Industrial we lfare commi ssion order N o. 10, A.pr. 23, 1919; order N o.
11, M ay 21, 1920; i ndustria l we lfare ord er N o. 13, J u ly 18, 1922 ;
public ser vice co1nmission order No . 2, Aug. 1, 1921 ; com m ission of
labor and i n dustry order N o. 2, 1929

An order in 1919 relating to manufacturing plants required that a
suitable seat be provided for each woman employed and that its use
be encouraged, so that the worker might perform her labor with
conYenience, comfort, and e:fJiciency. All seats were required to have
backs and foot rests broad and firm enough to be convenient while
working.
The 1920 factory order, suspended by an injunction, repeated this
provision, which was again repeated by the industrial court in 1922,
by the public service commission in 1927, and by the commission of
labor and industry in 1929. A definition of manufacturing occupations is contained in the last three orders. [NOTE.-This definition
will be found in the summary of daily-hour laws, pp. 39-40.]

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l{ENTUCKY
191%
Manufacturing, mercantile, etc.

HOUR LAWS
Session laws 1912, oh. 'ii.

Jttne 10, 1912

The hour law of Kentucky, enacted in 1912, permits a maximum
10-hour day and 60-hour week for women employed in laundries,
bakeries, factories, workshops, or stores, mercantile, manufacturing,
or mechanical establishments, hotels, restaurants, telephone exchanges,
or telegraph offices. Time records must be kept and a copy of the act
and a notice of schedul_ed hours must be posted in each workroom.
Violation of any of the provisions of the act constitutes a misdemeanor, for which the penalty is for a first offense a fine of $25 to $50
and for subsequent offenses 10 to 90 days' imprisonment, or a fine of
$50 to $200, or both.
SEATING LAWS
1912
All occupations.

Session laws 1912, oh. 77.

June 10, 1912

The same law that fixes daily and weekly hours for women workers
in Kentucky also requires all employers of women to provide suitable
seats for their use in the rooms where they work and to permit the
use of such seats when the women are not necessarily engaged in the
active duties of their employment. In stores and mercantile establishments at least one seat for every three women must be provided.
Folding seats are not to be considered a compliance with the law.
The penalties for noncompliance are those that apply to the provisions of the law relating to hours of work.
45

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LOUISIANA
HOUR LAWS
1886
Manufacturing.

S ession laws 18 6, A.ct 43, s ecs . 4, 6.

Jan. 1, 1881

A legislative act of 1886 in Louisiana declared that no woman
should be employed in any factory, warehouse, or workshop, clothing,
dressmaking, or millinery establishment, or any place where the manufacture of any kind of goods was carried on or where any goods
were prepared for manufacturing, for a longer per iod than an
average of 10 hours in a day or 60 hours in a week, and that at
least 1 hour should be allowed for dinner. Each violation of these
provisions was punishable by a fine of not less than $10 nor more
than $100, or by imprisonment for not more than 30 days, or both.
1900
Mercantile.

S ession laws 1900, A.ct 55.

A.iig. 7, 1900

An act- of moo provided that all persons, firms, or corporations
doing business at retail where female labor or female clerks were
employed should give every employee each clay, between the hours
of 10 a. m. and 3 p. m., not less than 30 minutes for lunch or
recreation.
Evasion or disobedience of this provision constituted a misdemeanor punishable by a fine of $25 to $100 or imprisonment for
5 days to 6 months. This Jaw was in part superseded by an act
of 1904 ( To. 195, July 7) ~fleeting all clerks in retail establishments
in cities of more than 50,000 population and requiring an allowance
of 1 hour for the midday meal, 11:1-nch, or recreation.
1908
Manufacturing, mercantile, etc.

S ession laws 1908, Act

sot.

A.ttg. 10, 1908

Twenty-two years after the hours of women in manufacturing
establishments first were regulated in Louisiana a new law was
passed that repealed all acts in conflict with its provisions and required a maximum 10-hour day or 60-hour week (no longer "an
average" of 10 hours in a day) for women employed in any mill,
factory, mine, packing house, manufacturing establishment, workshop, laundry, millinery or dressmaking store or mercantile establishment in which more than five persons are employed, or in any
theater, concert hall, or in or about any place of amusement where
intoxicating liquors are made or sold, or in any bowling alley, bootblacking establishment, freight or passenger elevator, or in the transmission or distribution of messages, either telegraph or telephone,
or any _other messages, or merchandise, or in any other occupation
that might be deemed unhealthful or dangerous. One hour was
allowed for dinner, but in cases where two-thirds of the employees
so desired that time might be reduced to not less than 30 minutes.
These provisions did not apply in stores or mercantile establishments
working on Saturday nights or 20 dayS' before Christmas.
Violation of these prQvisions was punishable by a fine of $25 to
$50 or by imprisonment for 10 days to 6 months. or both.
46

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LOUISIANA
1914
Manufacturing, mercantile, etc.

Session laws 1914, A.ct 13.f.

47
J uly 21, 191-t

An amendment of 1914 adds hotels and restaur ants to the industries to which the 1908 law applies, exempts agricultural pursuits,
makes the law applicable to all mercantile establishments regardless
of the number of persons employed, and substitutes "any other occupation whatsoever" for" any other occupation which may be deemed
unhealthful or dangerous."
1916
Mercantile.

Session laws 1916, A.ct 177.

Jitly f8, 1916

Under the terms of an amendment in 1916 the exemption of 1908
for stores working Saturday nights or before Christ:rp.as was changed
to exempt on Saturday nights only stores or mercantile establishments in which more than five persons are em ployed.
1930
Manufacturing, mercantile, etc.

Session law s 1930, A.ct 71.

July 30, 1930

Changes in the law in 1930 reduced hours to 9 a day and 54 a week,
with certain exceptions: Women in mercantile establishments, cafes,
and restaurants situated and operated outside of any municipality, or
within any town or village of less than 2,500 inhabitants, and women
working in telegraph offices may be employed not exceeding 60 hours
a week; and women working in packing plants, canning plants, and
factories handling fruits, sea foods, vegetables, and perishable foods
may be employed as long as 10 hours a day or 60 hours a week during
emergencies. Other provisions of the earlier law remain unchanged.
PROHIBITORY OR REGULATORY LAWS
1908
Cleaning moving machinery.

Session laws 1908, A.ct .~01, sec. 17.

Aug. 10, 1908

The general act of 1908 provides that no woman in any factory,
mill, or workshop shall be required to clean any part of the mill,
gearing, or machinery while it is in motion. Failure to comply with
this provision is to be punished by a fine of $25 to $50, or by 10 to 30
days' imprisonment, or by both.
SEATING LAWS
1886
Manufacturing, mercantile.

Session law s 1886, Act 43, secs . 5, 6.

Jan. 1, 1887

The law of 1886 that regulated working hours carried a provision
requiring that for all women employed in any factory, warehouse,
workshop, or store, suitable seats should be provided and their use
permitted when the women were not actively engaged in the duties
for which they were employed. The penalty fo r violation of this
provision was the same as for violation of the hour provision .
1900
Mercantile.

Session l aws 1900, A.ct. 55.

Aug. 7, 1900

Without reference to any earlier legislation on this subject, a new
law containing a seating provision was passed in 1900. This made it
unlawful for any person or corporation doing business in Louisiana
where female labor or female clerks were employed not to maintain
seats, chairs, or benches, so placed as to be accessible for the use of the
women workers when they were not engaged in the duties for which they were em ployed.

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DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN.

Evasion or disobedience of this provision constituted a misdemeanor punishable by a fine of $25 to $100. In default of payment
of this fine, imprisonment for not less than 5 days nor more than
6 months might be imposed.
1908
Manufacturing, mer.c antile, etc.

Session laws 1908, Act 301, secs. 1, 13.

Aug. 10, 1908

In 1908 the law concerning hours contained also a section relating
to seats. The act affected women employed in any mill, factory,
mine, packing house, laundry, manufacturing establishment, workshop, millinery or dressmaking store or mercantile establishment in
which more than five persons were employed, or in any theater or
concert hall, or in or about any place of amusement where intoxicating liquors were made or sold, or in any bowling alley, bootblacking
establishment, or freight or passenger elevator, or in the transmission or distribution of messages, either telegraph or telephone, or any
other messages, or merchandise, or in any other occupation that might
be deemed unhealthful or dangerous. For women in such occupations or establishments suitable seats, chairs, or benches were required, at least 1 chair to every 3 females, and their use was to be
permitted when the women were not necessarily engaged in the active
duties for which they were employed. Noncompliance with this provision was punishable by a fine of $25 to $50, or imprisonment for
10 to 30 days, or both.
1914
Manufacturing, mercantile, etc.

Session laws 1914, Act 133, sec. :e. July 27, 1914
To industries and occupations covered by the 1908 law an amendment of 1914 added hotels and restaurants. The amended law was
applicable also to all mercantile establishments regardless of number
of employees, and for " any other occupation which may be deemed
unhealthful or dangerous" it substituted the phrase" any other occupation whatsoever." Agricultural pursuits, however, were expressly
exempted.
1918
Elevator operators.

Session law s 1918, Act 158.

Aug. 8, 1918

Proper seating or resting accommodations for the convenience of
women operating the elevators used for carrying persons, goods,
wares, or merchandise are required in the act of 1918, noncompliance
with which is a misdemeanor punishable by a fine of not more than
$25 or imprisonment for not more than 10 days.

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MAINE
HOUR LAWS
1848
Manufacturing, etc.

Session laws 1848, ch. BS.

Apr. !O, 1849

The first legislative attempt to regulate hours of work in Maine
was made in 1848. An act passed at that time, the forerunner of
later legislation regulating women's hours, applied to any manufacturing or other corporation, except monthly labor or agricultural employment, and declared that no person should be " required or holden
to perform more than 10 hours labor in any one day, except in pursuance of an express contract requiring a greater length of time."
Violation was punishable by a fine not exceeding $100.
1887
Manufacturing.

Session laws 1881, ch. 139.

July 1, 1881

Not until 1887 did the Maine Legislature pass a law dealing with
the hours of women exclusively. This law provided that no woman
should be employed in laboring in any manufacturing or mechanical
establishment more than 10 hours in any 1 day, except when necessary to make repairs to prevent the interruption of the ordinary
running of the machinery, or to make up for lost time on a previous
day in the same week because of the stopping of machinery upon
which the employee was dependent for employment, or to make 1
shorter workday a week. In no case, the law said, should the hours
exceed 60 in a week. However, any woman might lawfully contract
to labor for any number of hours in excess of 10 a day, not exceeding
6 hours in any 1 week or 60 hours in any 1 year, if she received
additional compensation for such overtime.
The law exempted any manufacturing establishment or business
whose materials and products were perishable or required immediate
labor to prevent decay or damage. The posting of hour schedules
was required, and for violation of any of its provisions the act fixed
a fine of $25 to $50 for each offense.
1909
Manufacturing.

Session laws 1909, ch. 10.

Jan. 1, 1910

In 1909 the law of 1887 was amended by reducing the weekly hours
from 60 to 58. All other provisions of 1887 were repeated.
1915
Manufacturing, mer.c antile, etc.

Session laws 1915, ch. 350.

No1J. 1, 1916

Under the provisions of a law passed by the legislature March 31,
1915, adopted by referendum vote September 11, 1916, and effective
November 1, 1916, hours in manufacturing and mechanical establishments and in workshops, factories, and laundries are limited to 54 a
week and 9 a day, except for the sole purpose of making 1 shorter day
during the week.
For women employed in telephone exchanges having more than 3
operatives, in mercantile establishments, stores, restaurants, or tele~raph offices, or by express or transportation companies, the law pro-

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DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN

vides a maximum 54-hour week. This provision does not apply, however, between December 17 and December 24 and during the 8 days
prior to Easter Sunday in millinery shops and stores. Nor does any
provision of the act apply to employees engaged in public service in
cases of extraordinary public requirement or of emergency in which
there is danger to property, life, public safety, or public health.
vVith this exception the law forbids the employment of any woman
in establishments in which as many as 3 women work, for more than
6 hours continuously without an interval of at least 1 hour, unless her
.employment ends for the day at 1.30, in which case she may work
not more than 6½ hours continuously. Posting of hour schedules is
required and the earlier exemption for inanufacturing establishments
dealing in perishable products is continued.
The penalty for violation of the act is for the first offense a fine of
$2,5 to $50, for the second offense a fine of $50 to $200~ and for the
third and each subsequent offense a fine of $250 to $500.
1923
Manufacturing, mercantile, etc.

Session laws 19~, ch. 1m

In 1923 an amendment to the hour law, substituting 8 hours and
48 hours, respectively, for 9 and 54, wherever these occurred in the
law, was proposed by a petition of the people. This proposal was
defeated, however, by referendum vote on October 19, 1923.
1929
Manufacturing, mercantile, etc.

Session laws 1929, ch. 1i9.

July 13, 1929

By amendment of 1929 exemption from the prohibition of continuous employment for more than six hours ,vas allowed any telephone
exchange where the operator during the night is not required to
operate continuously at the switchboard but is able to sleep the major
part of the night. Telephone exchanges employing fewer than five
female operators are exempted also from the posting requirement.
1931
Manufacturing, mercantile, etc.

Public laws 1931, ch. 144 .

July 3, 1931

An amendment of 1931 removes laundries from the group of jndustries for which maximum daily as well as weekly hours are specified
to the group for which only the week-limited to 54 hours-is
regulated.
SEATING LAWS
1911
Mercantile, hotel, etc.

Session laws 1911, ch. 26.

June 29, 1911

A law passed in 1911 requires mercantile establishments, stores,
shops, hotels, restaurants, or oth~r places where women are employed
to provide chairs, stools, or other contrivances for the comfortable
use of women employees, for the preservation of their health and for
rest, when they are not actively employed in the discharge of their
duties.
Violation constitutes a misdemeanor punishable by a fine of $10 to
$100.

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MARYLAND
HOUR LAWS
191!
Manufacturine-, mercantile, etc.

Sessi on law s 191'2, ch. '19, secs. 14, 15, 18.

May 1, 191'2

Women's hours of work in Maryland were first regulated by law
when an act was passed in 1912 that established a maximum 10-hour
day and 60-hour week in manufacturing, mechanical, mercantile,
printing, baking, and laundering establishments. Women employed
in the canning or preserving or preparing for canning or preserving
of perishable fruits and vegetables were exempt.
To meet exceptional seasonal demands in Allegany County, however, when the average day's work for the entire year was not longer
than 9 hours, and when the entire work force was employed full time
for the entire year, and where for at least 4 months a day of less than
9 hours had been in effect, the workers might be employed during a
period of not more than 6 weeks immediately thereafter for as much
as 12 hours in a calendar day.
The law provided further that, in establishments where 3 or more
women were employed, not more than 6 hours of continuous work
was permitted without an interval of at least half an hour, but this
period might be extended to 6½ hours if at the end of that time the
woman was excused for the rest of- the day. Posting of the law and
of hour schedules was required.
Violation of any of these provisions constituted a misdemeanor
punishable, for the first offense, by a fine of not more than $100; for
the second or subsequent offense, by a fine of not more than $1:000
or by. imprisonment for ont more than 1 year, or by both such
penalties.
1916

Manufacturing, mer•
cantile, etc.

S ession laws 191G, ch . 147.

J u n e 1, 1916

A 1916 amendment changes only the overtime provisions. It provides that jn any retail mercantile establishment located outside of
Baltimore women ·may work on Saturdays and on Christmas Eve
and the 5 working days next preceding Christmas Eve as many as 12
hours a day if during each of these days they are given at least 2
rest intervals of not less than 1 hour each. This provision applies
only to such mercantile ·establishments as have a working day of not
more than 9 hours during the remainder of the calendar year.
NIGHT-WORK LAWS
1912
Manufacturing, mercantile, etc.

S ession laws 191'2, ch. 79, secs . 14, 18.

Ma y 1, 1912

The 1912 law that regulates daily and weekly hours also limits to
8 hours work done between 10 o'clock at night and 6 o'clock in the
morning in manufacturing, mechanical, mercantile, printing, baking,
or laundering establishments. ·w omen employed in the canning or
51

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DEVELOPMENT OF LABOR LEGISLATION FOlt WOMEN'

preserving or in the preparation for canning or preserving of perishable fruits or vegetables are not affected.
The penalties for violation are the same as those for violation of
daily-hour regulations.
PROHIBITORY OR REGULATORY LAWS
1902
Mines.

Session laws 1902, ch. 124, sec. 209n, subsec. ll, and sec. 209p.

Mar. 24, 1902

The mining law as revised in 1902 provided that no woman
should be permitted to enter any mine to work therein. Any person
violating the act was guilty of a misdemeanor and subject to a fine of
not more than $500 or imprisonment for not more than 6 months,
or both.
1922
Mines.

Session laws 192!, ch. 80'1, secs. 173, 174.

Oct. 1, 1922

In this year the law was amended to read that women shall not
be employed, permitted, or suffered to work in any capacity in, about,
or in connection with any mine, excepting in mine offices. The penalty for violation_now provided is a fine not exceeding $200.
SEATING LAWS
1896
Mercantile.

Session laws 1896, ch. 141, sec. 151a.

A.pr. 2, 1896

A law enacted in 1896 provjdes that in any retail, jobbing, or
wholesale dry-goods store, notions, millinery, or any other business
where women are employed for the purpose of serving the public as
clerks or saleswomen a chair or stool must be provided for each
woman in order that she may rest when not actively engaged in the
performance of her duties. Violation constitutes a misdemeanor punishable for the first offense by a -fine of not less than $10 nor more
than $100. If the offense continues, the employer is subject to a
fine at the rate of $1 a day, daily, for every chair he fails to furnish.
1898
Manufacturing, mercantile.

Session laws 1898, ch. 128, secs. 505, 506.

Mar. 24, 1898

An act of 1898 required mercantile and manufacturing establishments in Ba~timor~ to provide suitable seats for women employees
and to permit their use to such extent as might be reasonable for
the preservation of health. A fine of $150 was provided for violation, which constituted a misdemeanor.
This provision is not repeated in the code of 1924.

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MASSACHUSETTS
HOUR LAWS
1874
Manufacturing.

Session laws 1874, ch. 2U.

Oct. 1, 187,J

The first law in Massachusetts regulating women's hours was passed
in 1874. It applied to manufacturing establishments and set limits
of 10 hours daily and 60 hours weekly. Daily overtime was allowed
when necessary to make repairs to prevent the stoppage of machinery,
and daily hours could be adjusted so as to make 1 short day a week,
but in no case were weekly hours to exceed 60. An employer "willfully " employing ~ny women in violation of this act was subject for
each offense to a fine of not more than $50.
1879
Manufacturin&".

Session laws 1879, ch. 207.

May 9, 1879

Five years later the law was amended by striking out the word
" .willfully," thereby making this law regulating women's hours the
first in the country thus made enforceable. 1
1880
Manufacturing.

Session law s 1880, ch. 194.

J uly 1, 1880

The law was further amended in 1880 by increasing the penalty to
not less than $50 nor more than $100 for each offense, and by adding
provisions for posting hour schedules in the factories and for allowing more than 10 hours a day to be worked if necessary to make up
time lost on some previous day of the same week because of the stopping of machinery upon which the woman was employed or was
dependent for employment.
1883
Manufacturing, mercantile.

Session laws 1883, ch. 157.

July 1, 1883

Again amended in 1883, the law was made to apply to mechanical
and mercantile as well as manufacturing e§tablishments.
1884
Manufacturing.

Sessi on laws, 1884, ch. 275.

Jun e 26, 1881,

An amendment less than a year later made the law no longer
applicable to mercantile establishments.
1886
Manufacturing.

Session laws 1886, ch. 90.

A.pr. !1, 1886

In addition to the 1880 provision for posting hour schedules, an
amendment of 1886 required that the time of starting and stopping
work and the time allowed for dinner should be posted. Forms for
posting were to be furnished by the chief of the district police and
approved by the attorney general.
1887
Manufacturing.

Session laws 1887, ch. 280.

June 16, 1887

R evision in 1887 changed the law to provide that the stopping of
machinery for a shorter continuous time than 30_minutes should not
1 Commons, John R., and Andrews, John B., Principles of Labor Legislation.
New York and London, Harper & Bros., 1927. p. 249.

Rev. ed.,

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DEVELOPMEKT OF LABOR LEGISLATION FOR WOMEN

authorize overtime, and that overtime should be authorized only after
a written report of the day and hour of the stoppage was made to the
authorities. Any person making a false report was subject to the
same fine as for violation of the act.
·
Further amendment provided still more specific posting requirements and released any employer who complied with them from responsibility if a woman worked, without his orders, consent, or
knowledge, during any part of the time allowed for meals.
1887
Factories, workshops.

Session laws 1887, chs. 215, 330.

May 31, 1887

Another act of 1887 provided that women in factories or workshops
should be given at least a half hour for meals, and that continuous
employment should not exceed 6 hours. However·, a woman might
be employed for 6½ hours without a break if employment for the
day ended not later than 1 p. m.; or for 7½ hours if employment
ended for the day not later than 2 p . m ., and if there :was sufficient
opportunity for eating lunch on duty. Operating the machine of
another employee in addition to her own during that employee's lunch
period was forbidden.
Violation of this act also was punishable by a fine of $50 to $100,
but (ch. 330) an employ~r complying with the posting provisions
was not to be held responsible for violation of the lunch-hour r egulations when such violation was without his orders, consent, or
knowledge.
These provisions applied to factories and workshops in which 5 or
more children, young persons, and women were employed, excepting
iron works, glass works, paper mills, letter-press printing establishments, print works, and bleaching or dyeing works. The chief of the
district police might, with the approval of the governor, exempt other
classes.
1892
Manufacturing.

Session laws 1892, ch . .'357.

J11,ly 1, 1892

In 1892 the hour law was amended by reducing weekly hours to 58.
No other change was made.
1898
Manufacturing.

Session laws 1898, ch. 505.

July 1, 1898

An act of 1898 provided that no deductions should be made in the
wages of women employed in manufacturing or mechanical establishments for time during which machinery was stopped for repair, if
permission to leave the mill was not given; and no women should be
compelled to make up such lost time unless they were paid at their
regular rates of wages, if they had been kept in the workrooms
during the time of the breakdown. A fine of not more than $20 for
each offense was provided.
1900
Mercantile.

S ession laws 1900, ell . .'378.

J itlY 1, 1900

Except for the period from July 1, 1883, to June 26, 1884, the hours
of women in mercantile establishments in Massachusetts were not
regulated by law until the passage in 1900 of an act that established
for stores a 58-hour week, excepting only retail shops during December of each year. The act to which this was an amendment (session
laws 1894, ch. 508, sec. 78) provided for violation a fine not exceeding
$100.

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MASSACHUSETTS
\.901
Mercantile.

Session laws 1901, ch. 11S.

55
Ma,r. !6, 1901

Posting requirements similar to those for manufacturing establishments were provided for mercantile establishments in 1901 and a
penalty for violation of the mercantile law of $50 to $100 for each
offense was named. The ' act defined mercantile establishments as
" any premises used for the purposes of trade in the purchase or sale
of any goods or merchandise, and any premises used for the purposes
of a restaurant or for publicly providing and serving meals."
1904
Mercantile.

Sessi on l (J)WS 1904, ch. 397.

July 2, 1904

An amendment of this year struck out the December exemption,
thus establishing in mercantile establishments a 58-hour weekly limit
throughout the year.
1908
Manufacturing.

Session laws 1908, ch. 645.

Jan. 1, 1910

Weekly hours in manufacturing and mechanical establishments
were reduced, by an act of 1908, effective January 1, 1910, from 58
to 56. Daily hours remained at 10 and no oth~r change was made
in the earlier provisions, except to add that in establishments where
employment is by seasons the weekly hours might exceed 56-but not
58-provided the average for the year should not exceed 56 a week,
excluding Sundays and holidays.
1909
Manufacturing.

Session laws 1909, ch . 514, sec. 48.

Oct. 1, 1909

A codification of the labor laws in 1909 included a provision that
employment by any woman in more than one establishment should
not exceed 58 hours a week.
1911
Mercantile.

Session laws 1911, ch. 813.

A.pr. SO, 1911

Weekly hours of women employed in workshops connected with
mercantile stores ( and under the same ownership), for making, repairing, and altering garments, were fixed in. 1911 at 56, the standard
already in force in manufacturing and mechanical establishments.
Otherwise provisions of the mercantile and not the manufacturing
law applied to these workers.
1911
Manufacturing.

Session law s 1911, ch. 484,

Jan. 1, 191S

An act of 1911, effective January 1, 1912, reduced weekly hours in
manufacturing and mechanical establishments from 56 to 54, but it
retained the 10-hour day. In seasonal industries overtime might
increase the hours to 58, as before, provided the average for the year
was not mor~ than 54 hours. No other changes were made, except
that the provision of 1909 as to employment in more than 1 establishment was omitted.
1912
Mercantile.

Sessi on law s 1912, ch. 452.

A.pr. 7, 1912

The word " making " was struck out of the amendment of the previous year dealing with workshops in mercantile establishments.
1912
Manufacturing.

Session laws 1912, ch. 477.

M ay 12, 1911

A 1912 amendment to the law regulating women's hours in manufacturing plants dealt again with their employment in more than 1
establishment, now providing that total hours should not exceed 54:

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DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN

It also struck out the provisions for apportionment of hours in order
to make 1 short day in the week.
_continued.
1913
Manufacturine-, mercantile, etc.

All other earlier provisions were

Session lawa 1913, ch. 831, secs. 1, 9, !O.

Sept. 1, 1913

The child labor law was amended in 1913 to provide that girls
under 21 ( and boys under 18) should not be permitted to work more
than 10 hours a day nor more than 54 hours, or 6 days, a week, in
any factory, workshop, manufacturing, mechanical, or mercantile establishment, barber shop, bootblack's stand, public stable, garage,
brick or lumber yard, telephone exchange, or telegraph or messenger
office, or in the construction or repair of buildings, or in any contract
or wage-earning industry carried on in tenement or other houses.
Penalties for violations were for the first offense a fine of $10 to $50,
or imprisonment for not more than 30 days, or both, and for the
second and subsequent offenses a fine of $50 to $200, or not more
than 60 days in prison, or both.
1913
Manufacturing, mercantile, etc.

Session laws 1913, ch. 758.

Oat. 1. 191.I

Hour regulations for women were extended in 1913 to cover not
only manufacturing, mechanical, and mercantile establishments, factories, and workshops, but · telegraph offices, telephone exchanges,
and express or transportation companies. The new law limited the
week to 54 hours, which was no change for factory workers but was
a reduction of 4 hours for mercantile employees. The 10-hour day
also was new for mercantile establishments as well as for all industries covered by the act except manufacturing and mechanical establishments. The exception for seasonal industries remained the same,
that is, hours might exceed 54 but not 58, providing the average for
the year was not more than 54. As before, work on more than 1 job
was not to exceed the 54-hour weekly limit. The provision for making up time lost on a previous day of the same week was unchanged.
In cases of extraordinary emergency or public requirement, exemption from the law was allowed employers in public service or businesses in which shifts lilight be required, but no employment in
excess of 10 hours a day and 54 hours a week was legalized until a
report of the day and hour and duration of such overtime was sent
to the board of labor and industries.
Provisions for posting were unaltered, except that the new
State board of labor and industries was to furnish forms, and special requirements were fixed for employers in public selfvice or other
kinds of business in which shifts might be used.
1913
Restaurants, etc.

Session laws 1913, ch. 365.

Mar. U, 1913

. Another act of 1913 provided that in towns of less than 4,500
population employers of women in a hotel or upon premises used
for the temporary purpose of publicly providing and serving meals
should be exempt from the posting requirements of the act of 1901,
which did not specifically name hotels but did apply to " any prem- ·
ises used for the purposes of a restaurant or for publicly providing
and serving meals."

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MASSACHUSETTS
1915
Manufacturing.

Session laws 1915, ch. 57.

Apr. 111 1915

An amendment of 1915 provided, in regard to making up time lost
on account of stoppage of machinery, that such stoppage. for the
celebration of any holiday did not authorize overtime.
1916
Manufacturing.

Session laws 1916, ch. 222.

J u n e 15, 1916

Further amendment in 1916 gave power to the State board of
labor and industries to determine what employments were seasonal
and therefore subject to exemption. Since that time 5 industries
have been declared seasonal-the packing of apples, in 1916; the
manufacture of straw hats, in 1919; the sorting and packing of
tobacco, in 1920; the canning of fresh mackerel, in 1928 ; and the
screening of cranberries, in 1930.
1917
Factories, workshops.

Session laws 191"1, ch. 1.10.

Apr, 21, 1917

The 30-minute meal period, required since 1887 in factories and
workshops, was extended tb 45 minutes in 1917.
1917

Session law s 1917, ch. 342.

May 26, 1917

The defense act of 1917 provided for the appointment by the State
, board of labor and industries, with the approval of the governor, o'f
a special committee of 5 members to receive applications, hold hearings, and grant permits for the suspension of any labor law that
interfered with the performance of work required by an emergency
arising out of the war. Such permits were to be revocable at any
time and in any case were to be void 60 days after the termination of
the war. The act provided that the committee was to consist of the
commissioner of labor as chairman, 2 representatives of employers
of labor, and 2 representatives of wage earners.
1918
Elevators.

Session law s 1918, ch. 141.

May 12, 1918

The law applying to factories, workshops, mercantile, manufacturing, or mechanical establishments was amended in 1918 to apply
to women operating elevators in such establishments, or in any building occupied in whole or in part by such establishments, or in any
office building.
1919
Manufacturing, mercantile, etc.

• S essi on l aws 1919, ch. 113.

_
May 18, 1919

In 1919 maximum hours were reduced from 10 to 9 a day, and from
54 to 48 a week. No other provisions of the hour law were amended
except that relating to seasonal employment, in which overtime that
extended the hours to 52 a week, instead of to 58 as provided earlie~,
was allowed if the average for the year did not exceed 48, excluding
Sundays and holidays. The board of labor and industries again was
given power to determine what employments are seasonal. Employment in more than 1 plant is limited to a total of 48 hours in any
1 week.
1921
Manufacturing, mercantile, etc.

S essi on law s 1921, ch. 280.

May 12,

The coverage of the hour law was again extended in 1921 to include
women employed in any laundry, hotel, manicuring or hairdressing
establishment, motion-picture theater, or as elevator operators, or
94872°-32,--l)

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DEVELOPMEN-T OF LABOR LEGISLATION FOR WOMEN

switchboard operators in private exchanges. Hotel employees, however, not employed in a manufacturing, mercantile, or mechanical
establishment connected with a hotel, are allowed to work for more
than 9 ·but not for more 10 hours in any 1 day if the weekly
limit of 48 hours is not exceeded.
NIGHT-WORK LAWS
1890
Manufacturing.

Sessi on laws 1890, ch. 183.

July 1, 1891

The first law m Massachusetts prohibiting the employment of
women at night was passed in 1890, but it was not effective until
July 1, 1891. It applied to manufacturing establishments and prohibited work between the hours of 10 o'clock at night and 6 o'clock
in the morning. The penalty for violation was a fine -0f $20 to $50
for each offense.
1907
Manufacturing.

Session law s 1907, ch. 2ol.

Oct . 1, 1907

While the law of 1890 was amended slightly in wording in 1892
( session laws of 1892, ch. 83), its provisions were not altered until
1907, 16 years after it first became effective. The amended law · of
1907 continued the 1890 provision for manufacturing establishments .
other than textile, but in textile mills women were prohibited from
working between 6 p. m. and 6 a. m. The p ~nalty of 1890 was
repeated. This law is still in effect.
1913
Manufacturing, mercantile, etc.

Ses~ion l aws 1913, ch. 831, secs . 1, 9, i!O.

Sept. 1, 191~

Girls under 21 were prohibited in 1913 from working after 6 in
the evening in plants manufacturing textile goods, and between 10 at
night and 5 in the morning in any factory, workshop , manufacturing,
mechanical, or mercantile establishment, barber shop, bootblack stand
or establishment, public stable, garage, brick or lumber yard, telephone exchange, telegraph or messenger .office, or in the construction
or repair of buildings, or in any contract or wage-earning industry
carried on in tenement or other houses. The first offense was punishable by a fine of $10 to $50, or imprisonment of not more than 30 days,
or both; second and subsequent offenses, by a fine of $50 to $200, or
not more than 60 days' imprisonment, or both.
1917
Telephone.

Session law s 1917, ch. 294.

J u n e ~ , 1917

Four years after the passage of the first l~w prohibiting the employment of girls under 21 in certain industries and occupations after
10 o'clock in the evening and before 5 o'clock in the morning, an
amendment was added that allows them to work as operators in regular service telephone exchanges until but not after 11 o'clock at night.
PROHIBITORY OR REG ULA TORY LAWS
1911
Employment before and
after childbirth.

Session law s 1911, ch . 229.

Jan. 1, 1912

An act of 1911, which became effective January 1, 1912, provides
that women shall not knowingly be employed in laboring in mercantile, manufacturing, or mechanical establishments within 2 weeks
before or 4 weeks after childbirth, Violation is punishable by a fine
or not more than $100,

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MASSACHUSETTS
1912
Core making.

Session laws 1912, ch. 65S.

June 26, 1911!

In 1912 the State board of health was authorized to investigate and
make rules regulating the employment of women in core rooms, such
rules to relate to the structure and location of the rooms, the emission
of gases and fumes from ovens, an~ _the size and weight that women
should be allowed to work on or to hft. A copy of such rules was to
be posted in every core room employing women, and for violation of
any rule a fine of $25 to $500 was provided.
1912
C-Ore making.

Board of heaUh rules.

Dec. 19, 191!'

In accordance with the legislation of 1912 the board of health
adopted rules, during the same year, that provided that core rooms
where women work should be separated from the foundry and have
separate entrances so that the women would not be exposed to the
fumes and gases, nor have to pass through the foundry going and
coming from work; that ovens in the core rooms should be so constructed, and mechanical devices used when necessary, as to carry off
all fumes; that women should not carry cores from benches to ovens,
nor lift weights of more than 40 pounds, this limit, however, to be
subject to change by the State inspector of health if after personal
examination of the women it seemed to him safe and proper to
increase the maximum allowed.
In connection with these rules the board stated that "it does not
seem necessary to prescribe any limit for the size and the weight
which women shall work on, as such work does not seem injurious '
to a woman's health."
1913
Core making.

Session laws 1913, ch. 813.

June 16, 191S

In 1913 the duties of the board of health in carrying out the law
of 1912 were transferred to the newly created board of labor and
industries and the industrial accident board, who were to act jointly.
1913
Lifting weights.

Session laws- 1913, ch.

126.

May 3, 1913

Legislation was passed in 1913 providing that boxes, baskets, and
other receptacles not less than 2 feet wide, 2½ feet long, and 2 feet
high, or of equivalent dimensions, which were to be moved by women
in manufacturing or mechanical establishments, should be equipped
with pulleys, casters, or some other mechanical device. For violation
the act provided a fine of $50 for every day's failure to provide the
appliances specified.
1914
Lifting weights.

Session laivs 1914, ch. 241.

Apr. 24, 1914

An amendment of the following year struck out the dimensions,
making the law apply to boxes, baskets, and other receptacles that
with their contents weigh 7 5 pounds or more.
1915
Lifting weights.

Session laws 1915, ch. 27.

Apr. 1, 1915

The wording of the law of 1913 was changed in 1915 by inserting
the word " or " between the words " pulleys " and " casters" and
striking out the phrase "or some other mechanical device."
2

Adopted on this date.

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Exact date effective not known.

DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN

1916
Core making.

Session Za,ws 1916, ch. 308.

June !, 1916

In 1916 the joint powers and duties of the two boards specified in
the 1913 act - (.ch. 813) were transferred to the State board of labor
and industries.
1917
Core making.

BoOl!'d of labor and industries.
to •
•
• foundries •
•

Rules and regulations relating
• 1911, secs. ~-30. A.pr. 20, 19r1

No change was made in t he core-room rules of 1912 until 1917,
when an investigation led to ·complete revision. The rules adopted
in 1917 provide that (a) where rooms in which core ovens are located
adjoin rooms in which the making of cores and baking of cores are
simultaneous oper_ations and where the process generates objectionable gases, smoke, and fumes in the room in which cores are made
by women, the board at its discretion may require partitions between
such rooms of concrete, hollow tile, brick, metal, or other material
approved by it, such partitions to have only such openings as are
required by the nature of the business; ( b) all such openings must
be vestibuled, with a revolving device or self-closing double doors,
or any other self-closing, device equally effective that meets the
appr_oval of the board and that will trap and exclude gases, fumes,
and Sfl10ke from the core room; (a) women must not be permitted to
lift any core or number of cores on 1 plate, the total cubical contents
of which exceed 1 cubic foot, or the total weight of which, including
plate, co.re box or boxes, exceeds 25 pounds, unless assisted by mechanical appliances that limit the physical effort to 25 pounds; and
, (d) women shall not be allowed to work on any core the total cubical
contents of which exceeds 2 cubic feet or the total weight of which,
including plate, core box or boxes, exceeds 60 pounds.
SEATING LAWS
1882
Manufacturing, mercantile.

Session laws 1882, ch. 150.

May 12, 188!

The first seating law in Massachusetts, passed in 1882, required that
suitable seats be provided for women employed in manufacturing,
mechanical, or mercantile establishments and that the women be
permitted to use the seats when they were not necessarily engaged
in the active duties for which they were employed. Violation was
subject to a fine of not less than $10 nor more than $30 for each
offense.
1912
Manufacturing, mercantile.

Session laws 191!, ch. 96.

Mar. 16, 191!

In 1912 the law was amended to require also that the use of the
seats be allowed while the women are at work, "·except in such cases
and at such times as the work c~n not properly be performed in
a· sitting position." The penalty for violation has not been changed
since 1882.

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I·

MICHIGAN
HOUR LAws·
1885
Manufacturing.

Session laivs 1885, A.ct S9, secs . .J, 6, 8.

Sept. 28, 1885

The first law in Michigan dealing with women's hours was passed
in 1885 and provided an average 10-hour day and 60-hour week and
at least one hour a day "in the labor period" for dinner. It applied
to women in any factory, warehouse, workshop. or place where the
manufacture of any kind of goods was carried on or where any goods
were prepared for manufacturing. Any person violating the act was
required to forfeit a penalty of $50, and any directors of any corporation will:fully neglecting or re:fusing to obey these provisions
were each liable to the penalty. The act did not apply to any penal,
reformatory, or benevolent institution in the State.
.
Amended in 1893 (session laws 1893, ch. 126) the law was made
to apply only to girls under 21 years of age. The hours of women
21 and over were not reg~lated again by law until 1907.
907
Manufacturing, mercantile.

Sessioti laws 190'1, A.ct 169, secs. 1, !.

Sept. f8, 1907

The act of 1907 once more provided a 10-hour day or 60-hour
week for all women in manufacturing establishments and stores in
the State. The daily limit, however, might be exceeded for the purpose of making a shorter workday on the last day of the week, and
the weekly limit might be·exceeded in manufacturing plants to maim
necessary repairs to machinery to avoid stoppage of the running of
the establishment. Stores having 10 or fewer employees were
exempt.
Violation constituted a misdemeanor, for which the penalty was a
fine of $5 to $100, or imprisonment for 10 to 90 days, or both fine and
imprisonment.
1909
Manufacturing, mercantile, etc.

Session

Zaws

1909,

A.ct

!85, secs. 9, 54.

June !, 1909

A new law of 1909, repealing previous hour provisions, not only
reduced the maximum hours but increased the number of industries
covered. It applied to any factory, mill, warehouse, workshop, clothing, dressmaking, or millinery establishment, or any place where the
manufacture of any kind of goods was carried on, or where any goods
were prepared for manufacturing, or any laundry, store, shop, or
any other mercantile establishment; and it provided an average of
9 hours a day or 54 hours a week, and not more than 10 hours in any
1 day. Women engaged in preserving perishable goods in fruit-andvegetable-canning establishments were exempt. The minimum fine
for violation was increased from $5 to $10. Posting of the act was
required.
1915
Manufacturine-, mercantile, etc.

Session laws 1915, A.ct !55, secs. 1, 9.

May 11, 1915

A 1915 amendment added offices and restaurants to the industries
affected by the law of 1909.
61

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DEVELOPMENT OF LABOR LEGIS1..ATION FOR WOMEN

1919
Manufacturing, mercantile, etc.

S ession laws 1919, A ct 341.

Aug. 14, 1919

In 1919 the law was again amended, this time to include women
employed in theaters, concert halls, music halls, or hotels, operating
elevators, or on street or electric railways.
1923
Manufacturing, mercantile, etc.

S ession laws 19/23, Act 206, secs. 1, 9.

Aug: 30, 1923

Another arriendment in 1923 added quarries to the list of industries
and occuputions covered by the hour law.
1927
Manufacturing, mercantile, etc.

S ession law s 19£7, Act 21.

S ept. 5, 1927

A 1927 amendment changed the exemption clause to apply to any
person, corporation, or association engaged in preserving and shipping perishable goods in fruit-and-vegetable-canning or fruit-packing
establishments.
.
Such ·employment,. t~e amendment further l?rovides, shall ~e approved by the commission or any duly authorized representative as
not being injurious to the health of the person or persons so engaged.
1929
Manufacturini:-, mercantile, etc.

S ession laws 1929, Act 299.

Aug. 28, 1929-

In 1929 the law was extended to hospitals; but student and graduate
nurses in hospitals and nurses in fraternal or charitable homes were
made exempt.
PROHIBITORY OR REGULATORY LAWS
1905
Emery wheels or belts.

S ession law s 1905, Act 172.

S ept. 15, 1905

A law passed by the State of Michigan in 1905 prohibited women
from operating or using wheels or emery belts of any description,
whether leather, leather covered, · felt, canvas, paper, or cotton, or
wheels or belts rolled or coated with emery or corundum or cotton
wheels used as buffs. The general law to which this section was an
amendment exempted from its provisions grinding machines upon
which water is used at the point of grinding contact, and solid emery
wheels used in sawmills or planing mills or other woodworking establishments. Noncompliance with any provision of the law was a misdemeanor punishable by a fine of $25 to $100, or imprisonment ror 30
t(! 90 days, or both.
1909
Emery wheels or belts. ·

Session laws 1909, Act 285, secs. 27, 31, 54.

June 2, 1909

The revision and consolidation of the labor laws in 1909 repeats the
provision of 1905 and changes the penalty for violation to a fine of
'$10 to $100, or imprisonment for 10 to 90 days, or both fine and
- imprisonment.
·
Because of ambiguous wording, however, this law has never been
enforced. The act is a general one r egulating in part the use of
wheels and belts specified in section 27. No mention of women is
made, however, until section 31, which states that "no female shall
be employed in operating or using any of the wheels or belts specified
in this section," but which does not define the wheels or belts.
1919
Any occupation.

S ession laws 1919, Act 239.

Au.<1. 14, 1919

An act of this year requiring equal pay for men and women provides that women shall not be given any task disproportionate to

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MICHIGAN

their strength, nor employed in any place detrimental to their morals,
health, or potential capacity for motherh~od. The penalty for vfolation, which is a misdemeanor, is a maximum fine of $100 or imprisonment for not more than 3 months, or both.
1923
Cleaning moving machinery, etc.

Session laws 1923, Act 1W6, aec. n. Aug. ~ , 19!3
Though for 30 years girls under 21 years of age had not been allowed by law to clean machinery while in motion, the first prohibition
affecting adult women was enacted in 1923. The amended law of
that year specifies that women shall not be allowed to clean moving
machinery, nor to be engaged in any hazardous employment or where
health may be injured or morals depraved. Violation is subject to a
fine of $10 to $1'00, or imprisonment for 10 to 90 days, or both fine
and imprisonment. This law, however, was amended in 1929 (Act
102, sec. 11) to apply only to persons under 18 years of age.

SEATING. LAWS
1885
Manufacturing, mercantile, etc.

Session laws 1885, Act 39, secs. 5, 6, 8.

Sept. £8, 1885

The Michigan Legislature passed an act in 1885 stipulating that
suitable seats be provided for ·the use of women employed in factories,
warehouses, workshops, stores, or hotels and that the women be permitted to use the seats when not necessarily engaged in the active
duties of their employment. Any person violating this provision
was required to forfeit, for each offense, the sum of $50.
1893
Any o.ccupation.

Session laws 1893, Act 91.

Aug. 28, 1893

In 1893 Michigan passed a new seating law requiring that all persons who employed women in stores, shops, offices, or manufactories,
as clerks, assistants, operatives, or helpers in any business, trade, or
occupation carried on or operated by them, should provide proper
and suitable seats for all such employees and should permit the use
of such seats, rests, or stools as might be necessary. Nor should they
make any rules, regulations, or orders preventing the use of such
stools or seats when the women were not actively engaged in their
work.
Violation was punishable by a fine not to exceed $25 and costs.
1909
Any occupation.

Session laws 1909, Act 285, secs-. 11, !4, 54.

June !l, 1909

The revised law of 1909, still in effect, made no essential change in
the seating provisions of 1893. The penalty for noncompliance, however, was changed to $10 to $100, or imprisonment for 10 to 90 days,
or both fine and imprisonment.
Another section of this act, which amended an earlier law relating
only to minors, provides that women shall not be unnecessarily
required in any employment to remain constantly standing.
EQUAL-PAY LAW
1919

Session laws 1919, Act !39.

Aug.

14, 1919

In 1919 an act was passed making it unlawful for any person employing both males and females in the production of any article "to
discriminate in any way in the payment of wages as between sex or
to pay any female engaged in the manqfacture or production of any

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DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN

article of like value, workmanship, and production a less wage, by
time or piecework, than is being paid to males similarly employed in
such manufacture, production, or in any employment formerly performed by males: Provided, however, That no female shall be given
any task disproportionate to her strength, nor shall she be employed
in any place detrimental to her morals, her health, or her potential
capacity for motherhood."
Violation of this act is a misdemeanor subject to a fine of not more
than $100 or imprisonment for not more than 3 months, or both.

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MINNESOTA
BOUR LAWS
1858
Manufacturinir.

Session laws 1s.;q , ch . 66.

Aug. !, 1858

The first law relating to the working hours of women in Minnesota,
and the second of its kind to be passed in any State, was enacted in
1858. It read that any o'wner of any manufactory, workshop, or
other place used for mechanical or manufacturing purposes who compelled women to work longer than 10 hours a day was liable to a fine
of $10 to $100.
An amending act of 1895 (ch. 49) made this a basic hour law
applicable to all persons.
1909
Manufacturin,r, mercantile.

Session laws 1909, ch. 499.

A.pr. 24, 1909

It was not until 14 years later that another law was passed that
fixed maximum hours for •women. For all women in manufacturing,
mechanical, and mercantile establishments the act of 1909 set a weekly
limit of 58 hours. In addition, in manufacturing and mechanical
establishments not more than 10 hours a day were permitted except
to make 1 shorter workday a week or to make up for lost time of at
least 30 minutes on a previous day of the. same week if the loss was
due to the stoppage of machinery. Such overtime, however, was not
authorized until a written report of the day and hour of its occurrence and its duration was sent to the commissioner of labor. One
hour was required for the noonday meal unless a shorter time was
permitted by the commissioner of labor. In case women were required or permitted to work more than 1 hour after 6 p. m., the law
provided that they should be allowed at least 20 minutes for lunch
before beginning the overtime work. Posting of scheduled hours was
obligatory and violation of the law was declared a misdemeanor for
which the penalty was imprisonment for not more than 3 months, or
a fine of not more than $100. (Rev. laws 1905, sec. 4763.)
1913
Manufacturing, mercantile, etc.

Session laws 1913, ch. 581.

A.pr. 28, 1913

A new hour law in 1913, amending the act of 1909, affected industries only in first and second class cities. More industries were covered than in the earlier law, and in some industries hours were·
reduced. In mercantile establishments, restaurants, lunch rooms, or
eating houses, or in kitchens operated in connection therewith, hours
were fixed at. 10 a day and 58 a week. In manufacturing and mechanical and in telephone or telegraph establishments daily hours were set
at 9 and weekly hours at 54. Provision was made, however, for a
different apportionment of daily hours in all these industries for the
sole purpose of making a shorter workday on 1 day of the week. In
retail mercantile establishments 11 hours were permitted on Saturdays. In no case, however. could the weekly limit be exceeded.
65

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DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN

vVomen engaged in canning or otherwise preserving perishable
fruit, grain, or vegetables were exempt from the law for 6 weeks
each year. The overtime, posting, and penalty provisions of 1909
were repeated. Outside cities of the first and second class the law of
1909 continued to apply.
1919, 1920
Any occupation.

Minimum wage commission orders Nos . 10 and 11, A u g. 5, 1919; ord er
·
N o. 12, Jan. 1, 1921

In fixing minimum wages for women in Minnesota, the minimum
wage commission in 2 orders of 1919 set a basic week of 48 hours for
women in any occupation in the State. For telephone operators employed between 6 p . .m. and 8 a. m,, however, 12 hours on duty were
to be construed as 8 hours if the operator was allowed to sleep. Time
records and posting of orders were required in the act creating the
minimum wage commission. (Session laws 1913, ch. 547.) Any violation of the act was a misdemeanor and subject to a fine for each
offense of $10 to $50, or imprisonment for 10 to 60 days.
These regulati9ns were repeated in minimum-wage order No. 12,
effective January 1, 1921. In 192-5 the State's attorney general ruled
the minimum-wage law invalid as applied to adult women.
1923
All industries.

Session law s 1923, ch. 422.

July 1, 1923

An amendment in 1923 to the law of 1913 extended its application
to practically all industr-ies and occupations in the State. It provided
a maximum 9½-hour day and 54-hour week for women in any business or service whatsoever but did not apply to women employed as
domestics in the home, to persons engaged in the care of the sick or
injured, in cases of emergency in which the safety, health, morals, or
welfare of the public might otherwise be affected, in cases in which
night employees might be at the place of employment for not more
than 12 hours and have opportunity for at least 4 hours' sleep, or _to
telephone operators in municipalities of less than 1,500 inhabitants.
Employment of a woman in more than one establishment in excess of
9½ hours a day or 54 a week was prohibited. The law required
a minimum period of 60 minutes for r egular meals, unless the State
industrial commission should permit a shorter time. It required the
posting of hour schedules and a copy of the act and also the keeping
of time records. Failure to keep such records or falsification of any
statements therein was declared a misdemeanor punishable for each
offense by a fine of $10 to $25 or imprisonment for not more than 10
days. Violation of other provisions of the act was punishable by a
fine of $25 to $100 for each offense and for each day of violation after
notification by the industrial commission.
In a decision of June 25, 1926, the attorney general of Minnesota
held that the law of 1923 had not been constitutionally enacted. Consequently, the laws of 1909 and 1913 again became operative. This
ruling was reaffirmed November 28, 1931.
· 1927
Manufacturing-.

S ession laws 1927, ch. 349,

A.pr. 20, 19P!'l

Legislation of 1927, amending the hour laws of 1909, 1913, and
1923, increased the 1913 exemption for women engaged in preserving
fruits, grains, or vegetables from 6 weeks to 75 days in any 1 year.

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MINNESOTA

PROHIBITORY OR REG ULA TORY LAWS
1913
Oiling or cleaning moving rrtachinery.

Session laws 1913, ch. 316, secs. 9, 20.

Oct. 1, 191&

According to the factory law of 1913 no woman shall be required or
permitted to oil or clean moving machinery. The minimum penalty
for violation, which is a misdemeanor, is a fine of $25 or imprisonment for 15 days.
1919
Core making.

Session laws 1919, ch. 84, secs. 20, 21, SO.

Jan. 1, 1920

According to a law effective in 1920 women employed in core-making rooms are not permitted to make or handle cores when the combined weight of the core, core box, and plate exceeds 25 pounds; nor
are they to be employed in placing cores in ovens or in taking them
out of ovens.
An employer violating these provisions 30 days after written notifi.,
cation by the commissioner of labor or his assistants is guilty of a
misdemeanor and liable to a fine of not more than $100 or imprisonment for not exceeding 90 days.
SEATING LAWS
1887
Mercantile, manufacturing.

Ses-sion laws 188'"1, oh. 175.

Mar. 7, 1887

By legislative action of 1887 it became the duty of employers of
women in any mercantile or manufacturing business or occupation to
provide and maintain suitable seats for their women employees and
to permit the use of these seats to such an extent as might be reasonable for the preservation of the health of the women.
1889
Mercantile, manufacturing, etc.

Session laws 1889, oh. 10.

Mar. 19, 1889

An act of 1889 amended the earlier law to include hotels and restaurants and to specify that the seats should be provided and maintained in the room or place where the women were employed.
Anyone violating the law was declared guilty of a misdemeanor for
each day of violation and punishable by a fine of $10 to $25, or
imprisonment for 10 to 30 days, or both fine and imprisonment.
1905
Mercantile, manufacturing, etc.

Revised laws 1905, ch. 23, secs. 1802, 1803, 1824.

Mar. 1, 1906

The revised law of 1905 provides for violation of the provision
requiring seats for women a fine of at least $25 or imprisonment for
15 days.
1919
All industries.

Session laws 1919, oh. 491, secs. 1, 16.

A.pr. 25, 1919

The amended law of 1919 requires the provision and maintenance
of suitable seats, with proper backs where practicable, for the use of
women in all places of employment, the use of such seats to be permitted to such extent as may be reasonable for the preservation of
health. In factories seats must be supplied for all women whose
work can be done in a sitting posture and their use at such work must
be permitted. The commissioner of labor may determine when seats,
with or without backs, are necessary and the number thereof. "All
places of employment" as used here, the act says, shall mean any
place, either inside or outside, where any business or industry is car-

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DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN

ried on and in which persons are employed and shall include :factories, mills, workshops, laundries, dyeing and cleaning establishments, mercantile establishments, offices and office buildings, fiotels,
restaurants, theaters and other places of amusement, transportation
systems, public utilities, engineering works, the erection of buildings,
and yards, but not domestic service nor agricultural labor.
Violation or :failure to comply with the provisions of the act constitutes a misdemeanor punishable by a fine or imprisonment at the
discretion of the court.

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MISSISSIPPI
HOUR LAWS
1914
Laundry, mercantile, etc.

Session laws 1fJ14, ch. 165.

Mar. !"I, 191i

The only legislation in Mississippi dealing with the hours of
women exclusively was passed in 1914. This act makes it unlawful
to employ women in any laundry, millinery, dressmaking store, office,
mercantile estaqlishment, theater, telegraph or telephone office, or
'• any other occupation not here enumerated " more than 10 hours
a day or 60 hours a week, except in cases of emergency or where
public necessity requires. Domestic servants are not covered by the
law. Violation is subject to a fine of $10 to $50, or imfrisonment
for 5 to 30 days, or both fine and imprisonment, each day s violation
constituting a separate offense.
1930

Laundry, mercantile, etc.

Gode 1930, vol. 2, secs. 4653, 4655. . Nov. 1, 1930

The 1930 code of Mississippi provides that any violator of the hour
law is guilty of a misdemeanor and subject to a fine of not less than
$25 nor more than $250 for each offense. Each day's violation constitutes a ;,eparate offense.
69

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MISSOURI
HOUR LAWS
1909
Manufacturing, mercantile, etc.

Sessi on laws 1909, p. 616.

A.ug. 16, 1909

In 1909 Missouri passed its first legislation regulating women's
hours of work. The law applied to cities of more than 5,000 inhabitants and provided a maximum week of 54 hours in any manufacturing establishment, laundry, or r estaurant, or any mercantile
establishment employing more than 3 females.
Posting of hour schedules was required, and for violation of the
law, which was deemed a misdemeanor, a fine of $50 to $100 was
provided.
1911
Manufacturing, mercantile, etc.

S ession law s 1911, p. 311.

J u n e 19, 1911

An act of 1911, repealing the earlier law, provided a maximum
9-hour day and 54-hour week, and applied to women in all manufacturing, mechanical, or mercantile establishments, laundries, and
workshops in the State. The posting regulation of 1909 was omitted
in 1911 and the minimum fine for noncompliance was reduced from
$50 to $25. Each offense, however, was made subject to penalty.
1913
Manufacturing, mer.cantile, etc.

Sessi on laws 1913, p. 400.

June 23, 191:J

In 1913 a new hour law was passed, repealing the act of 1911.
There was no change in the daily or weekly hours, but the scope of
the law was extended. It provided that no woman should be employed, permitted, or suffered to do work, manual or physical, in
any manufacturing, mechanical, or mercantile establishment, fac~
tory, workshop, laundry, bakery, restaurant, or any place of amusement, or to do any stenographic or clerical work of any character
in any of the establishments or places of industry described, or by
any express or transportation or public-utility business, or any common carrier or public institution, incorporated or unincorporated,
for more than 9 hours a day or 54 hours a week. Telegraph and
telephone companies were entirely exempted from the law, and
plants canning or packing perishable farm products in rural communities or in cities of less than 10,000 inhabitants were exempted
for not more than 90 days in any 1 year . The 1911 penalty for
noncompliance was repeated.
1919
Manufacturing, mercantile, etc.

S ession law s 191n, p. 441.

A ug. 1, 1919

A revision in 1919 exempts establishments in towns of 3,000 population or less and continues the exemption for canning and packing
plants and £or telephone companies, but not for telegraph companies. Otherwise the law of 1913 is unchanged.
70

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MISSOURI

NIGHT-WORK LAWS
1909
Manufacturing, mercantile. etc.

Sessiori laws 1909, p. 616.

Aug. 16, 19()9

The law of 1909, regulating weekly hours of women, also provided
that in cit.ies of more than 5,000 inhabitants women should not be
employed between 10 p. m. and 5 a. m. in manufacturing plants,
laundries, or restaurants, nor in mercantile establishments employing
more than 3 females. Women in restaurants might be employed
after 10 p. m. but not for more than 9 hours in any 1 day.
The penalty for violation, a misdemeanor, was made punishable by
a fine of $50 to $100.
The hour law of 1911, repealing the 1909 act, failed to include any
reference to night work and no legal prohibition or regulation of
night work now exists in Missouri.
PROHIBITORY OR REGULATORY LAWS
1881
Mines.

Session laws 1881, p. 165, sec,. 6, 10.

June !!6, 1881

In 1881 women in Missouri first were prohibited from entering any
mine to work.
Violation of this act constitutes a misdemeanor punishable by a
fine, for the first offense of $50 to $200, and for the second offense
of $200 to $500. Subsequent amendments and revisions of the mining
law have made no changes in this provision.
1891
Cleaning moTing machinery, etc.

Session law , 1891, p. 159, secs. 4, 2!.

June 22, 1891

In 1891 Missouri passed a law declaring that women should not be
required to clean any part of the mill, gearing, or machinery in manufacturing, mechanical, and other establishments while it was in motion, nor to work between fixed or traversing parts of any machine
in motion by the action of steam, water, or ·other mechanical power.
Violation constituted a misdemeanor, punishable for the first offense
by a fine of $25 to $200, and for each subsequent offense by a fine
of $100 to $500, or, in default of payment, imprisonment until the
fine and costs were paid.
1909
Cleaning moving machinery, etc.

Session laws 1909, p. 502.

Aug. 16, 1909

A law passed in 1909 repeats the provision relative to cleaning mov·ing machinery. The additional provision of 1891 was changed
slightly to provide that no woman shall be required to work between
the fixed and traversing parts or the traversing parts of any machine
( except the machine being operated by her) while it is in motion by
the action of steam, water, electricity, or other mechanical power.
1919
Employment before and
after childbirth.

Session laws .1919, p. 442.

Aug. 16, 1919

Legislation of 1919 provides that no woman shall be employed
knowingly for 3 weeks before or 3 weeks after childbirth in the establishments covered by the hour law of the same year. Violation constitutes a misdemeanor punishable by a fine of $25 to $100.

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DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN

SEATING LAWS
1885
Mercantile.

Bess.ion laws 1885,

p, 150.

June 23, 1885

: Iri Missouri seats for women at work were required for the first
time by law in 1885. This act required employers of women in any
mercantile business or occupation to provide and maintain suitable
seats and to permit their use· to such exte1:1-t as might be reasonable
for the preservation of health. Violation of this ·provision was a
misdemeanor punishable by a fine not exceeding $25.
1891
Manufacturing. mercantile, etc.

S ession laws 1891,

p . 159,

secs .. 13, 22.

June 22, 1891

An act of 1891, repealing earlier acts inconsistent with it, requires
t_h~t seats be provided and conveniently located in manufacturing,
mechanical, mercantile, and other establishments wherein women are
employed, and that the use of these seats be allowed when the women's
duties do not require them to be upon their feet. The penalty for
noncompliance, which is a misdemeanor, is for the first offense a fine
of $25 to $200, and for each subsequent offense a fine of $100 to $500,
or imprisonment, in default of payment, until payment is made.

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MONTANA
1913
Manufacturin&', mercantile, etc.

HOUR LAWS
Session laws 191!, ch. 108.

Mar. 15, 191!

A law of Montana passed in 1913 set a maximum of 9 hours a day
for women employed in any manufacturing, mechanical, or mercantile establishment, telephone exchange room, or office, telegraph
office, laundry, hotel, or restaurant. On occasions of imminent danger
to life or property, overtime, at extra compensation, was allowed.
'J;en hours a day was permitted in retail stores during the week
immediately preceding Christmas Day.
Any violation of the law constituted a misdemeanor punishable
for each offense by a fine of $50 to $200, or imprisonment for 10 to
60 days, or both fine and imprisonment.
1917
Manufacturin&", mercantile, etc.

Session laws 1917, ch. 18.

Apr. 1, 19n

One act of 1917, approved February 12 amended the 1913 law by
reducing the hours to 8 a day. Telegraph offices and telephone exchange rooms or offices were omitted from the industries covered, and
the provision for overtime with extra pay in emergencies also was
omitted.
1917
Manufacturin&', mercantile, etc.

Session laws 1911, ch. 70.

Apr. 1, 1917

Another act of 1917, however, approved March 1, supersedes and
repeals that approved February 12. This act establishes an 8-hour
maximum day but otherwise duplicates the law of 1913, excepting
that the provision for overtime, with extra compensation, is omitted.
SEATING LAWS
1913
Manufacturing, mercantile, etc.

Sessi-0-n laws 191!, oh.. 108.

Mar . 15, 1913

Seating regulations in Montana, enacted in 1913, require the employer in any manufacturing, mechanical, or mercantile establishment, laundry, hotel or restaurant, or other establishment employing
women to provide suitable seats and to permit them to be used when
the women are not engaged in the active duties of their employment.
Violation constitutes a misdemeanor, and for every offense the punishment is a fine of $50 to $200, imprisonment for 10 to 60 days, or
both fine and imprisonment.
EQUAL-PAY LAW
1919
All occupations.

Session laws 1919, ch. 147.

Apr. 1, 1919

An act of 1919 declared it unlawful for any person, firm, State,
county, municipal or school district, public or private corporation to
employ women in any occupation or calling within the State "for
salaries, wages, or compensation which are less than that paid to men
for equivalent service or for the same amount or class of work or
labor in the same industry, school, establishment, office, or place of
any kind or description." Violation is a misdemeanor subject to a
fine of $25 to $500 for each offense.
94872°-32--6

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NEBRASKA
HOUR LAWS
1899
Manufacturing, mer.c antile, etc.

Session laws 1899, ch. 1rn.

July 1, 1899

The first hour law for women in Nebraska was enacted in 1899. It
covered manufacturing, mechanical, and mercantile establishments,
hotels, and restaurants, and set maximum hours of 10 a day and 60 a
week. Posting of hour schedules was required, and for violation of
its provisions the law fixed a fine of $20 to $50 for each offense.
1913
Manufacturing, mercantile, etc.

Session laws 1913, oh. 151.

July 17, 1913

A new act of 1913 amended the earlier law by adding to the industries covered in 1899 laundries, offices, and public-service corporations, and by reducing the maximum hours from 10 a day, 60 a week,
to 9 a day and 54 a week.
1915
Manufacturing, mercantile, etc.

Session laws 1915, ch. 71.

July 8, 1915

An amending act in 1915 limited the application of the hour law to
metropolitan cities and cities of the first class having more than 5,000
and less than 100,000 population. Otherwise the 1913 provisions
were unchanged.
1919
Manufacturing, mercantile, ·e tc.

Session laws 1919, ch. 190, title 4, art. 1!.

July 18. 1919

As revised again in 1919, the law states that the hour regulations
shall apply in metropolitan pities. and in "cities of the first class."
No other changes in the law have been made.
NIGHT-WORK LAWS
1899
Manufacturing, mercantile, etc.

Session laws 1899, ch. 107.

July 1, 1899

The law of this year regulating hours of work also prohibited the
employment of women in manufacturing, mechanical, and mercantile
establishments, hotels, and restaurants between 10 p. m. and 6 a. m.
The penalty for :violation of this provision was a fine of $20 to $50
for each offense.
1913
Manufacturing, mercantile, etc.

Session laws 1913, ch. 151.

July 17, 1913

In 1913 the law was extended to include laundries and offices, in
addition to manufacturing, mechanical, and mercantile establishments, hotels, and restaurants, already .covered. In public-service
corporations the law permitted the employment of women between
10 p. m. and 6 a. m., but in no case for more than 8 consecutive hours.
1915
Manufacturinl', mercantile, etc.

Session laws 1915, oh. 71.

July 8, 1915

A 1915 amendment limited the application of the law to metropolitan cities and cities of the first class with a population of more than
74 .

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NEBRASKA

5,000 and less than 100.000, and permitted the employment of women
between 10 p. m. and 6 a. m. in public-service corporations without
the 8-hour limitation of 1913.
1919
Manufacturing, mercantile, etc.

Ses sion law s 1919, ch. 190 , title

4, art. l?.

J uly 18, 1919

The revised act of 1919 made no change in the night-work regulations. The law now is applicable in metropolitan cities and "cities
of the first class."
1931
Manufacturing, mercantile, etc.

Session laws 1931, ch. 97.

J uZy 1, 1931

An amendment in 1931 changed the hours during which women are
not to be employed from 10 p. m. and 6 a. m. to 12.30 a. m. and 6 a. m.
Public-service corporations are again exempted.
SEATING LAWS
1883
Stores, offices, etc.

Session laws. 1883, ch. 45.

Apr. l?9, 1883

As early as 1883 legislation in Nebraska required that a chair, stool,
or seat be provided for every woman employed in stores, offices, oi;schools and that the use of such seats be allowed when the duties of
the employee would permit. Failure to comply with this provision
was punishable by a fine of $10 to $200.
1899
Manufacturing, mercantile, etc.

Session laws 1899, ch. 101, secs. :J, 4.

July 1, 1899

Without reference to the earlier law dealing with seats for wo~en,
an act was passed in 1899 requiring that suitable seats be provided
for women and that their use be permitted in manufacturing, mechanical, and mercantile establishments, hotels, and restaurants. The
penalty for noncompliance was a fine of $20 to $50 for each offense.
This provision does not appear in the revision of laws in 1919. ·
1913
St~res, factories, offices,
etc.

Session laws 1913, ch. 213.

·
,
July 11, 191:J

An amendment of 1913 made the 1883 act apply to factories as weit
as to stores, offices, or schools. Violation was subject to the same. fine
as in 1883.
1919
All occupations.

Session laws 1919, ch. 190, title

4, art. 2.

July i8, 1919

A revision in 1919 of the 1913 act extended the requirement for
seats to all employers of women in the State.
'I

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NEVADA
HOUR LAWS
1917
Manufacturing, mercantile, etc.

Sess-i on law s 19rT, ch. 14.

Feb. 14, 19n

The first law in Nevada dealing with women's hours was passed
in 1917. It set a maximum 8-hour day and 56-hour week for women
employed in any manufacturing, mechanical, or mercantile establishment, laundry, hotel, public lodging house, apartment house, place
of amusement, or restaurant, or by any express or t ransportation
company-. Nurses, nurses in training in hospitals, and women employed m the harvesting, curing, canning, or drying of any variety
of perishable fruits or vegetables were exempt.
Violation was a misdemeanor, the penalty being for the first offense
a fine of $25 to $50, and for the second offense a fine of $100 to $250.
or imprisonment for not more than 60 days, or both fine and
imprisonment.
1923
Manufacturing, mercantile, etc.

Session laws 1923, ch . 69.

Mar. 5, 1923

An amendment in 1923 increased the penalty for the first offense
to a fine of $50 to $100.
SEATING LAWS
1917
Manufacturing, mercantile, etc.

Session laws 1917, ch. 14.

F eb. 14, 1917

The 1917 law that regulates working hours also requires employers
in any manufacturing or mercantile establishment, laundry, hotel,
restaurant, or other establishment employing women to provide suitable seats for them and to permit them to use such seats when not
engaged in the active duties of their employment. The penalty for
noncompliance with this provision was the same as for violation of
the hour regulation.
1923
Manufacturing, mercantile, etc.

Session laws 19!3, ch. 69.

Mar. 5, 19~

The amendment of this year increasing the penalty £or a first violation of the hour regulation applies also to the seating provision.
76

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NEW HAMPSHIRE
HOUR LAWS
1847
All industriel!I.

Session laws 1841, ch. 488.

Sept. 15, 1841

The first effort in New Hampshire to regulate by law the length of
the workday resulted in the passage of an act by the legislature in
1847. This law, the first of its kind in the country, declared that in
all contracts for or relating to labor 10 hours of actual labor should
be taken to be a day's work unless otherwise agreed" by the parties,"
and that no person should be required to work more than 10 hours
"except in pursuance of an express contract requiring a greater time."
1887
Manufacturing.

S ession laws 1887, ch. !5.

Sept. 20, 1887

Not until 40 years later, in 1887, was a law enacted dealing with the
hours of women exclusively. This law established a maximum 10hour day and 60-hour week for women working in manufacturing or
mechanical establishments. The daily limit could be exceeded, however, to make 1 shorter day in the week or to make repairs to prevent
the interruption of the ordinary running of machiner;, but in no case
was the weekly limit to exceed 60 hours. Posting o hour schedules
was required.
Any employer willfully violating any of these provisions was punishable by a fine of $25 to $50 for each offense. If any woman
worked longer than the permitted time without the order, consent, or
knowledge of her employer or his agent, and if hour schedules were
posted in a conspicuous place, neither the employer nor his agent
should be held responsible for such overtime employment..
1891
Manufacturing.

Session, laws 1891, ch. 180, secs: 14, 16.

Jan. 1, 189!

An amendment passed in 1891 added a provision that permitted
the daily limit of 10 hours to be exceeded in order to make UJ? time
lost on some day in the same week in consequence of the stoppmg of
machinery upon which the woman was dependent for em:ployment.
The section releasing the employer from responsibility m case a
woman worked longer than the legal hours without his knowledge or
consent was omitted in this revision. For willful violation the penalty provided in this year was a fine of not more than $50 for each
offense.
1905
Manufacturing.

Session laws 1905, ch. 10!.

May 15, J!JO(J

In 1905 the law was amended to provide a 58-hour week in manufacturing and mechanical establishments during July and August.
No other change was made.
·
1907
Manufacturing.

Ses&ion laws 1907, ch. 94.

June 1, 1907

A law of 1907 amended the earlier acts by reducing the daily maximum to 9 hours and 40 minutes and the weekly maximum to 58 hours
throughout the year. Otherwise the law was unaltered.
77

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DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN

1913
Manufacturing, mercantile, etc.

Session laws 1913, ch. 156.

Jan . 1, 191-',

While not specifically amending or repealing the earlier law, an
act passed in 1913 covered the same industries-manufacturing and
mechanical-and in addition it applied to women employed in mercantile establishments, laundries, restaurants, and confectionery
stores, and by express or transportation companies. Maximum hours
of 10¼ a day ( to be worked between 6 a. m. and 8 p. m.) and 55 a
week w_ere provided, and employment on 1 night in the week after
8 o'clock was permitted if the weekly limit did not exceed 55 hours.
An allowance of at least 1 hour for dinner and the posting of scheduled hours were requirements of the law.
.
A. fine of $50 to $100 :was provided as the penalty for violation,
which was a misdemeanor . .
1915
Manufacturing, mer, cantile, etc.

Session laws 1915, ch. 16-',.

Apr. 21, 1915

An amendment to the 1913 act passed in 1915 provided that work
on 2 nights each week after 8 p. m. was permitted under the weekly
schedule of 55 hours, and that in mercantile establishments at least
an hour and a quarter must be allowed for dinner and, if employment continued after 8 p. ·m., for supper. This amendment of 1915
also provided that the act should not apply to mercantile establishments for a period of 7 days immediately preceding Christmas; but
that the total number of hours for any regular employee should not
exceed ·55 per week for the full year. It also allowed employees in
manufacturing establishments to work sufficient time beyond regular
daily working hours to make up for time lost through accident in
.the plant, provided the hours of actual labor did not exceed 10¼ in
any one day.
·
1917
Manufacturing, mercantile, etc.

Session laws 1917, ch. 196.

Jan. 1, 1918

An act of 1917 amended and superseded the earlier law. It provides t,h at . no woman shall work more than 10¼ hours a day and
54 hours a week at manual or mechanical ·labor in any employment,
except that household labor and nurses, domestic, hotel, and boarding-house labor, _operators in telephone and telegraph offices, and
farm ~abor are exempt. If work is done for more than one employer,
total daily. and weekly hours must not exceed those allowed in a
single employment. Regular employees in mercantile establishments
again are exempted from the law for 7 days immediately preceding
Christmas, provided the total number of , hours they are regularly
employed shall not exceed 54 per week for the full year.
The act does not apply to labor performed entirely in the manufacture of munitions or supplies for the United States Government
.Qr . for the· government of the State of New Hampshire while the
:United States is at war with any other nation.
The earlier provisions relative to time allowance for meals and
to making up time lost through accident were repealed. The posting
and penalty provisions, however, have been retained, as has the provision allowing work 2 nights a week after 8 o'clock on the schedule
of hours applicable to day work.

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NEW HAMPSHIRE

1913

NIGHT-WORK LAWS

Manufacturin&', mercantile, etc.

Session laws 1913, ch. 156.

Jan. 1, 1914

The first regulation of night work in New Hampshire was contained in the law of 1913 regulating daily hours, effective January 1,
1914. This act applied to women employed in any manufacturing,
mechanical, or mercantile establishment, laundry, restaurant, or confectionery store, or by any express or transportation company. It
required that any work performed between the hours of 8 p. m.
and 6 a. m., excepting on 1 night each week, should not exceed
8 hours a night and 48 hours a week. The penalty for violation, a
misdemeanor, was a fine of $50 to $100.
1915
Mercantile.

S ession laws 1915, ch. 164..

Apr. 21, 1916

In 1915 the law was amended to exempt mercantile establishments
for a period of 7 days immediately preceding Christmas, provided the
total number of hours for any regular employee did not exceed the
weekly limit for day work for the full year. In mercantile establish- ·
ments the act also provided a supper allowance of 1¼ hours if work
was to be done after 8 o'clock at night, and permitted work 2 nights a
week after 8 o'clock, on the weekly basis for day work. In manufacturing establishments sufficient extra time could be worked to make
up time lost through accident, provided the hours of actual labor
should not exceed 10¼ a day.
1917
Manufacturing, mercantile, etc.

Session laws 1917, ch. 196.

Jan. 1, 1918

An amendment of 1917 made the law applicable to women employed
at manual or mechanical labor in any employment except household
labor and nurses, domestic, hotel, and boarding-house labor, operators .
in telephone and telegraph offices, and farm labor. All provisions of
earlier acts are repeated except those allowing time for meals and for
making up time lost through accident.
Further amendment provides that the law shall not apply to labor
performed entirely in the manufacture of munitions or supplies for
the United States Government or for the government of the State of
.r ew Hampshire while the United States is at war with any other
nation.
I'

SEATING LAWS
1895
Manufacturing, mercantile, etc.

Session laws 1895, ch. 16.

F eb. 26, 1895

In 1895 ew Hamphire passed the law, now in effect, requiring
every employer of women in manufacturjng, mechanical, or mercantile
establishments to pr ovide suitable seats for their use, and to permit
the use of such seats when the women are not necessarily engaged in'
the active duties for which they are employed.
Violation is punishable by a fine of $10 to $30 for each offense.

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NEW JERSEY
HOUR LAWS
1851
Manufacturlnl',

Session laws 1851, pp. ~U-S2!.

July .f, 1851

The first legislative attempt to regulate the length of the workday
in New Jetsey was made in 1851 through a law declaring that 10
hours should be considered a legal day's work in all cotton, woolen,
silk, paper, glass, and fl.ax factories, and iron and brass manufactories.
189%
Manufacturlnir.

Session laws 1892, ch. 92.

July 6, 189!

The first law regulating hours of women exclusively, however, was
not enacted until 1892. That law provided that 55 hours should constitute a week's work in any factory, workshop, or establishment
where the manufacture of any goods whatever was carried on, and
that the periods of employment should run from 7 to 12 in the morning and from 1 to 6 in the afternoon of every workday except Saturday, when the working hours should be from 7 until 12 noon. The
law did not apply to women engaged in preserving perishable goods
in fruit-canning establishments nor to women in factories engaged in
the manufacture of glass. A fine of $100 for each offense was the
penalty fixed for any violation of any provision of the law.
The law to which this act was a supplement was repealed in 1904.
191!
Manufacturinl', mercantile, etc.

Session laws 1912, ch. 216.

Oct. 1, 191!

In 1912, 8 years after the repeal of the 1892 law, a law was enacted
that provided maximum hours for women in manufacturing or mercantile establishments, bakeries, laundries, or restaurants of 10 a day
and 60 hours, 6 days, a week. Mercantile establishments for the 6
working days preceding December 25 were exempt, as were canneries
engaged in packing a perishable product such as fruits or vegebtbles.
Every employer was required to keep time records and to post an
abstract of the law.
Penalties of $25 to $50 for the first offense and of $50 to $200 for
the seco,n d offense were provided for the employment of any woman
in violation of the act.
19%0
Manufacturinir, mercantile, etc.

Session laws 1920, ch. ZS6.

Apr. fW, 1920

In 1920 the law of 1912 was amended to provide a penalty not only
for the employment of women in violation of the act but for failure
to observe the posting and time record provisions. A maximum fine
of $50 was set for the first offense and a maximum of $200 for the
second offense.
80

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NEW JERSEY

19%1

Manufacturing, me~
cantile, etc.

8e8trion laWB 19!1, ch. 194.

Apr. 8, 19!1

An amendment of the next year, 1921, continued the 10-hour day
and 6-day week but reduced the weekly hours to 54. It adds an exemption for hotels and other establishments, where business is continuous and where hours of work do not exceed 8 a day, and continues
the exemption for canneries but not that for mercantile establishments.
NIGHT-WORK LAWS
1892 ·
Manufacturing.

Session laws 189!, ch, 9!.

July 6, 189!

The first night-work law in New Jersey was passed in 1892 and
repealed in 1904. It prohibited employment at night by requiring
that work should be done between 7 a. m. and 6 p. m., with an hour
off, from 12 to 1, for lunch. Saturday hours were from 7 a. m. to 12
noon. The act applied to women in factories, workshops, or establishments where the manufacture of any goods whatsoever was carried on. Women engaged in preserving perishable goods in fruit
canneries and women working in the manufacture of glass were
exempt. Violation of the law was subject to a fine of $100.
1923
Manufacturing, etc.

S ession laws 1923, ch. 1H.

-Deo. 31, 191!4

After the repeal in 1904 of the 1892 law that restricted women's
employment to daytime hours, New Jersey enacted no further legislation of this type until 1923. In that year a law was passed, to become effective December 31, 1924, that prohibited the employment of
women between 10 p. m. and 6 a. m. in manufacturing establishments
( except fruit and vegetable canneries), bakeries, and laundries. This
act was passed as a supplement to the hour law of 1912, which provided penalties of $25 to $50 for a first violation of its provisions and
of $50 to $200 for a second offense.
Employers, however, refused to comply with the law and were upheld by an opinion of the State's attorney general in their contention
that the penalty provisions of 1912 did not apply to the supplementary act of 1923. Since 1929, however, the newly created bureau for
women and children reports enforcement of the law.
PROHIBITORY OR REGULATORY LAWS
1885
Cleaning moving machinery.

Session Zatws 1885, ch. 168, secs. 4, 15.

July ,, 1885

By a law of 1885 New Jersey decreed that no woman should be
required to clean while it was in motion any part of mill gearing or
machinery in any factory or workshop or to work between the fixed
or traversing parts of any machine while in motion by the action of
steam, water, or other mechanical power.
Willful violation by the employer was subject to a fine of $50 for
each offense; violation on the part of the employee also was punishable by a fine of $50.
1887
Cleaning moving machinery.

Session laws 1881, ch. 111, secs. 3, 11.

July 4, 1887

An amendment of 1887 altered the phraseology by substituting
"shall clean" for "shall be required to clean," struck out the word
" willful " in the penalty clause, and for violation of the law by an

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'82

DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN

employee set $50 as the maximum fine. This law was repealed m
1904 and a new law was enacted that applied only to minors.
1917
Nitro and amido compounds.

Department of Labor safety standards, 1911, p. 8 1

In 1917 the bureau of hygiene and san.i tation of the New Jersey
D_epartment of Labor, as one of its regulations for the safety of emp'loyees, prohibited the employment of women in the manufacture of
nitro and amido compounds except in the office, or works hospital, or
welfa~e room or building.
1917
Lead corroding, etc.

Department of Labor safety standards, 1911, pp.

4, 14, 21 1

In the same year the bureau of hygiene and sanitation, in regulations dealing with lead corroding, lead oxidizing, paint grinding, and
dry-color manufacturing, ruled that women shall not be permitted
to handle any dry substance or dry compound containing lead, in any
form, in excess of 2 per cent.
SEATING LAWS
1882
Mercantile.

,Session laws 1882, ch. 159.

Mar. 81, 188!

A- law of 1882 required employers of women in any mercantile

business or occupation to provide and maintain suitable seats for
their use at or beside the counter or workbench where they were
employed , and to permit the use of the seats to such extent as might
be reasonable for the preservation of health.
Violation of this provision was a misdemeanor, punishable by a
fine of not more than $100.
This law was superseded by an act of 1909 and was definitely repealed April 3, 1928. (Session laws 1928, ch. 247.)
1884
Manufacturing, mer' cantile.

·Session laws 1884, ch. 149.

A.pr. 11, 1884

·In 1884, two years after enactment of the law affecting mercantile
establishments, an additional law was passed requiring that seats be
provided for women employed in manufacturing, mechanical, or mercantile establishments and that the use of such seats be permitted
when the women were not necessarily engaged in the active duties of
their employment .
. The penalty for violation was a fine of $10 to $25 for each offense.
1898
Manufacturing, mercantile.

Session laws 1898, ch. 192.

May 18, 1898

· Fourteen years later the -penalty for violation of the 1884 act was
increased to $50 for each offense, but 10 days' notice must be given
and if noncompliance continues the penalty may be recovered in an
action of debt. With this amendment the act of 1884 still holds.
I
1909
Mercantile.

Session law s 1909, ch. 141.

A.pr. 11, 1909

The law of 1909, still in effect, superseded the act of 1882. Though
changed in phraseology the substance of this law differs little from
that of 1882. It requires t hat employers of women engaged in the
services and operations incident to any " commercial employment "
shall . provide and maintain seats of a suitable kind, conveniently
1

Exact date effective not known.

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NEW JERSEY

situated, at or near the counter, workbench, or other place where
work is ordinarily performed, for the use of such women. It also
stipulates that employees shall be allowed free access to such seats
at all times except when engaged in the discharge of duties that can
not properly be performed in a sitting position. The commissioner of
labor js authorized to enforce these provisions in "mercantile establishments " throughout the State.
The penalty, however, was changed to provide that an owner or
manager failing to comply with the law within 10 days after notification is liable to a penalty of $25 for each offense, and a failure
to comply within the period of 10 days, with such r epetition of the
notice as may be necessary," shall each constitute a separate offense."

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NEW MEXICO
BOUR LAWS
1921
All industrie1.

Session laws 1921, ch. 180.

June 10, 19!1

The law in New Mexico fixing standard hours of work for women
was enacted in 1921. It covers practically all industries, but exempts women in canneries or other plants preparing for use perishable goods, those engaged in interstate commerce whose hours are
regulated by act of Congress, and those in telephone establishments
employing 5 or fewer operators where the average number of calls
per hour answered by one operator is not more than 230.
For the different industries affected different daily limits are set;
but with the exception of telephone ·exchanges the law requires a
maximum week of 56 hours. In cases of emergency overtime is
allowed, but in no week of 7 days are more than 60 hours permitted,
and all work in excess of 56 hours a week must be paid for at the
rate of time and one-half.
In mechanical establishments, factories, laundries, hotels, restaurants, cafes or eating houses, and in places of amusement, the daily
limit is 8 hours. Women employed in offices as stenographers, bookkeepers, or in other clerical work and not required to do manual
labor are exempt.
In mercantile establishments other than drug stores the usual daily
maximum is 9 hours, with 11 hours allowed on Saturdays, or more
in emergencies.
For women employed in any express or transportation or publicutility business or by any common carrier the daily limit is 9 hours.
In telephone establishments or offices thereof work done between 7
a. m. and 9 p. m. must not exceed 8 hours a day or 48 hours a week,
but between 9 p. m. and 7 a. m. working hours may run to 10 a night
and 60 a week. Indefinite overtime is allowed in cases of extreme
emergency, resulting from flood, fire, storm, epidemic of sickness,
or other like cause.
Any violation of these provisions constitutes a misdemeanor punishable by a fine of $100 to $500 for each offense, while failure on thE: part
of an employer to keep time records as the law requires, or any falsification of such records, is subject to a fine of $25 to $250 for each
offense.
NIGHT-WORK LAWS
1921
Telephone.

Session laws 1921, ch. 180.

June 10, 1921

For women in telephone establishments or offices working between
9 o'clock at night and 7 o'clock in the morning, the same act of 1921
fixes maximum hours of 10 a day and 60 a week. The penalty for
violation and the exemptions allowed in the provision for day shifts
apply here as well.
84

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NEW MEXICO

SEATING LAWS
1931
All industries,

Session laws 1981, ch. 1()9.

June 1!, 1981

In 1931, for the first time, the legislature o:f New Mexico passed a
law requiring seats :for women workers. The act provides that every
employer owning or operating any factory, mine, mill, workshop,
mechanical or mercantile establishment, laundry, hotel, restaurant or
rooming house, theater or moving-picture show, barber shop, telegraph or telephone or other office, express or transportation comp·a ny,
the superintendent of any State institution, or any other establishment, institution, or enterprise where :females are employed, shall furnish suitable seats, to be used when the women are not engaged in the
active duties of their employment. A notice to this effect must be
posted by the employer.
Any v10lation of the act is a misdemeanor, punishable by a fine of
from $50 to $200. Each day's violation constitutes a separate offense.

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Federal Reserve Bank of St. Louis

NEW YORK
HOUR LAWS
1886
Manufacturing.

Session laws 1886, ch. 409.

July 4, 1886

The first hour law for women in New York was passed in 1886. It
applied only to women under 2)_years of age in manufacturing estab-·
lishments, limiting their hours to 60 a week and permitting overtime
only when repairs were necessary. Posting of hour schedules was
required and violations of the law were subject to a fine of $50 to $100,
or, in default of fine, imprisonment from 30 to 90 days. Except in
cities, establishments employing fewer than 5 persons were not
affected. ·
1887
Manufacturing.

Session laws 1887, ch. 462, secs. 20, 21.

May 25, 1887'

An amendment in the following year changed the penalty for violation of the hour law to a fine of $20 to $100, or 30 to 90 days in
prison, or both. Posting of a copy of the law in each workroom also
was made obligatory.
1889
Manufacturing.

Session l aws 1889, ch. 560.

June 15, 1889

Revision in 1889 continued the 60-hour week and permitted overtime for repairs when necessary to avoid stoppage of the ordinary
running of the establishment. Not more than 10 hours a day were
allowed, however, unless to make a shorter workday of the last day
of the week.
A manufacturing establishment was defined as any place where
_oods or products were manufactured, repaired, cleaned, or sorted, in
whole or in part. As before, plants employing fewer than 5 "persons or children," except in cities, were not termed manufacturing
establishments.
1890
Manufacturing.

Session laws 1890, ch. S98, secs. 1, s. May 21, 1890
Further amendment in 1890 repeated the 60-hour week, continued
to limit the day to 10 hours unless for the purpose of making 1 shorter
day in the week, and prohibited employment more hours in any 1
week than would average 10 hours a day for the whole number of
days worked during that week. The earlier provision allowing
overtime for necessary repairs was omitted.

1892
Manufacturing.

Session laws 1892, ch. 67S, secs. 1, 17', 21.

May 18, 1892

Amendments in 1892 required that the factory inspector must be
notified in writing of the daily-hour schedules if more than 10 hours
were to be worked in order to make a shorter workday on the last
day of the week. The act also required that such schedules should
not be changed after the beginning of work on the first day of the
week without the consent of the factory inspector, and that factories
should keep records of the amount of overtime and the days on which
and by whom it was worked.
86

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NEW YORK

Penalties for violation were changed to a fine of $20 to $50 for the
first offense, a fine of not more than $100 or imprisonment for not
less than 10 days for the second offense, and a fine of not less than
$250 and imprisonment for not more than 30 days for the third
offense.
Manufacturing establishments were defined as any mill, factory, 6r
workshop where one or more persons were employed at labor.
1893
Manufacturing.

Session laws 1893, ch. r/3, sec. 21.

Mar. 22, 1893

In 1893 the penalty for a second violation of the law was changed
to a fine of not less than $50 nor more than $100 or not more than 10
days' jmprisonment.
1896
Mercantile.

Ses sion laws 1896, ch. 384, secs. 1,

4, 11, 12.

S ept. 1, 1896

. The first law regulatino- the hours of women in mercantile establishments was passed in f896. It applied to women under 21 years
of age, and allowed not more than 60 hours weekly nor more than
10 hours daily unless to make 1 shorter workday in the week. The
daily limitation did not apply to Saturday but total hours for the
week were not to exceed 60. Posting of the law was required. The
provisions of .the act did not apply to the period from December 15
to January 1, nor in cities and incorporated villages having a population of less than 3,000.
Mercantile establishments were defined as any place where goods,
wares, or merchandise were offered for sale.
P enalties for violation were a fine of $20 to $100 for the first offens~
a fine of $40 to $200 or not more than 60 days in prison for the second
offense, and a fine of $200 to $300 or not more than 90 days in prison,
or both, for the third offense.
1896
Manufacturing.

Session laws 1896, ch. 991, sec. 21.

Sept. 29, 1896

The minimum fines for first and second violations of the law regulating hours of girls in manufacturing establishments were increased
in 1896 to $30 and $60, respectively, while for a third offense the penalty .was changed to a fine of $300 to $500 and not more than 30 days'
imprisonment.
1897
Manufacturing, mercantile.

S ession laws 1891, ch. 415, secs. ! , 77, 78, 160, 161, J u n e 1, 1891; ch . 416,
sec. 384 l , May 13, 1891

The next year, punishment for violation, in the case both of the
factory and of the mercantile act, was made for the first offense a
firie of $20 to $100, for the second offense a fine of $50 to $200 or not
more than 30 days in prison, or both, and for the third offense a fine
of at least $250, or not more than 60 days in prison, or both. Factories, according to this law, now included any mill, workshop, or
other manufacturing or business establishment where 1 or more
persons were employed at labor.
1899
Manufacturing.

Session laws 1899, ch. 192, sec. 77.

A.pr. 1, 1899

In 1899, for the first time, the law regulating hours in manufacturing establishments was made to apply to all women of any age "at
labor" in any factory.
1901
Laundries.

Bess-i on law s 1901J ch. 411.

A.pr. 22, .f901

Legislation of 1901 defined a shop, room, or building where one or
more persons were employed in doing public laundry work by way

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DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN

of a trade for purposes of gain, as a factory within the meaning
of the labor law and therefore subject to the provisions of that law.
The law was not to apply, however, to women engaged in doing
custom laundry work for their own families or family trade.
1903
Manufacturinc, mercantile.

S ession law s 1903, ch. 18-',; ch. 255, secs. 161, 172, 173.

Oct. 1, 1903

The wording of both factory and mercantile laws was clarified in
1903, but no change was made in content.
1907
Manufacturinc.

Session laws 1901, ch. 506, sec. 384 l, June 15, 1907; ch. 507, secs. 77- 78,
Oct. 1, 1907

In 1907 the factory law was amended to· prohibit the employment
of women on more than 6 days a week. The 10-hour day and 60-hour
week were continued. The total time of employment of any woman
working in 2 or more establishments in the same day or week was not
to exceed that allowed per day or per week in a single factory. An
employer who, whether knowingly or not, permitted or required any
woman to work between 6 p. m. and 7 a. m. in violation of this provision was liable for a violation thereof. Provided working hours did
not exceed 12 a day or 60 a week, overtime was allowed (a) regularly
on not more than 5 days a week, in order to make a short day or a
holiday on 1 of the 6 working days of the week, and (b) irregularly
on not more than 3 days a week. Posting of schedule'd hours still
was required, such notice not to be changed after the beginning of
work on the first day of the week. However, if the nature of the
work made it impossible for a factory to fix hours for the week in
advance, the commissioner of labor might grant a permit dispensing
with the advance notice provided the daily hours were posted and a
time book was kept. The maximum fine for a first violation was
reduced from $100 to $50.
1907
Mercantile.

Session laws 1907, ch. 506, sec. SB-', l, June 15, 1901; ch. 507, sec. 77,
Oct. 1, 1907

For violations of the mercantile law the maximum fine for a first
offense was reduced in 1907 to $50. Mercantile establishments were
affected also by the new clause in the factory act providing against
more than 10 hours daily and 60 hours weekly in the case of employment in more than on~ establishment.
1909
Mercantile.

Session laws 1909, ch. 36, sec. 113.

Feb. 17, 1909

The change in this year provided that the posting requirement for
mercantile establishments should apply only to those places employing three or more persons.
1910
Mercantile.

Session laws 1910, ch.

387.

Oct. 1, 1910

In 1910 an amendment to the mercantile law provided that the
hour limitation should not apply between December 18 and December 24 of each year, instead of from December 15 to January 1. This
act also omitted the earlier provision exempting Saturday from the
limitation of daily hours. No other change was made in the law.
1911
Manufacturing, mercantile,

Session laws 1911, ch. 71,9.

Sept. 1, 19n

The maximum fine for second violations of the factory and mercantile laws was increased to $250 in 1911.

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NEW YORK
1912
Manufacturing.

Session laws 191!, ch. 539.

Oct. 1, 191!

The act of 1912 reduced the hours of women in factories to 9 a
day and 54 a week. The 6-day week was continued, and the provision regarding employment in more than 1 plant in the same day
or week. Overtime was permitted as before, (a) regularly for 5 days
a w·eek to make a short day or a holiday on 1 day of the week, or ( b)
irregularly, on not more than 3 days a week, if total hours did not
exceed 10 daily, 54 weekly. Women employed at canning or preserving perishable products were exempt from maximum hour regulations between June 15 and October 15 of each year.

ManJ;;;turing
(canning).

S ession laWB 1913, ch. 145, Bee. 8, Mar. ts, 1913; ch. 465, May 9, 1913;
ch. 529, sec. 1, May 15, 1913

The next year's act SJ?ecifically allowed the employment of women
in canning and_preservmg perishable products between June 15 and
October 15 for as long as 10 hours a day or 60 hours a week, but for not
more than 6 days a week; and it also empowered the newly created
industrial board to adopt rules and regulations permitting such
employment for 66 hours a week and 12 hours a day between June 25
and August 5, but for not more than 6 days a week, if the needs of
the industry required and the women could be so employed without
serious injury to their health. Hours were required to be posted in
canneries as in other factories , and a time book to be kept; also the
act required posting in all factories of regulations, rules, etc., in
English and other languages.
.
According to this act the term " factory " included, besides mills,
workshops, or other manufacturing or business establishments; " all
buildings, sheds, structures, or other places used for or in connection
therewith, where one or more persons are employed at labor * * *.
Work shall be deemed to be done for a factory * * * whenever
it is done at any place, upon the work of a factory or upon any of
the materials entering into the product of the factory, whether under
contract or arrangement with any person in charge of or connected
with such factory directly or indirectly through the instrumentality
of one or more contractors or other third persons."
1913
Manufacturing (can-

Industrial board rule No. L

ning),

June t't, 1913

Shortly after the legislation of 1913 became effective, the industrial board ruled that the exemption for canneries between June 25
and August 5 would be granted for 1913 upon application from an
employer but it would not apply to women employed at work that
required constant standing nor to those employed in the process of
labeling or packing cans, and that such exemption would be permitted only providing the floors were drained free of liquids; if they
could not be kept free of liquids, slat platforms should be furnished
upon which the women might rest their feet while at work.
This rule, with slight verbal changes, was readopted each year until
1921, when on June 7 it was made a permanent rule applying to any
year. It is now in effect.
·
1913
Mer.c antile.

Session laws 1913, ch. 1~, sec. 173, Mar. !8, 191!1; ch. 493, Bee. 161,
Oct. 1, 1913

In 1913 the law regulating hours in mercantile establishments was
amended to include for the first time women 21 years of age and over.
94872 °-32- - 7

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DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN

Hours were limited to 9 daily and 54 weekly in cities of the second
class and -to 10 daily and 60 weekly elsewhere, excepting, as before,
towns having under 3,000 population. In the case of daily hours, the
day might be lengthened for the purpose of making 1 short day in the
week. The restrictions did not apply to Saturdays, provided the
weekly maximum of 54 or 60 hours was not exceeded; nor did they
applv to the 5 days preceding December 25 in second-class cities and
to the period between December 18 and December 24 elsewhere. The
penalties for violation applicable in 1911 were still in force, as was
the regulation of employment in 2 or more establishments. The posting provision was amended to require posting of a copy or abstract
of the applicable provisions of the law in establishments in cities of
the first and second class employing at least 3 persons.
1914
Mercantile.

Session laws 1914, ch. S31.

A.pr. 14, 1914

In 1914, a maximum of 9 hours daily and 54 hours weekly was made
obligatory for women in mercantile establishments throughout the
State, except towns of less than 3,000 population. Overtime was allowed as before only to make 1 shorter workday, and the Saturday
exemption was omitted from the law. The law did not apply from
December 18 to December -24, and, in accordance with a decision
rendered by the attorney ~eneral May 5, 1914, it did not affect the
hours of women employed m drug stores, whose hours were controlled
by section 236 of the public-health law regulating hours of all classes
of employees in drug stores. This opinion was reversed in 1918 by a
judgment of the court of special sessions of New York City, which
was later affirmed by the appellate division, first department of the
supreme court, and by the court of appeals of New York. Thenceforth the mercantile law apJ?lied to all women employed in drug
stores selling other merchandise besides drugs.
1915
Mercantile.

Session larws 1915, ch. 386.

A.pr. M, 1915

The mercantile law was amended in 1915 by allowing exemption
from the law for 2 days at a time during the year for the purpose of
stock taking. This revision also provided for overtime on only 1 day
each week for the purpose of making 1 or more shorter workdays in
the week. The commissioner of labor was required to furnish prmted
forms for posting daily and weekly hours in mercantile establishments, and the hours so posted were not allowed to be changed after
the beginning of work on the first day of the week without the consent
of the commissioner of labor.
1917
Restaurants.

Session laws 1911, ch. 535.

Oct. 1, 1917

A law passed in 1917 applies to women in restaurants in cities of
the first and second class. Hours are limited to 9 daily, 54 weekly,
and the week is restricted to 6 days. Exempted from the provisions
of the law are women employed as singers and performers of any
kind or as attendant s in ladies' cloakrooms and parlors; women employed in or in connection· with dining rooms and kitchens of hotels
or in connection with lunch rooms or restaurants conducted by employers for the benefit of employees solely. Posting of scheduled
hours is required, and violations of the law are subject to a fine of
$20 to $50 for the first offense; a fine of $50 to $250, or not more than
30 days in prison, or both, for the second offense; and a fine of not

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less than $250, or more than 60 days in prison, or both, for the third
offense.
1918

Messengers.

Sessiion laws 1918, ch. 434. · May 1!, 1918

The employment of women over 21 years of age as messengers in
the delivery and transmission or distribution of goods or messages
for more than 6 days and 54 hours a week is prohibited by this act.
Villages and cities under 3,000 population are exempt, posting of the
law is required, and hours are not allowed to be changed after being
posted for the week. Violations are punishable, for the first offense,
by a fine of $20 to $50; for the second offense, by a fine of $50 to $250,
or not more than 30 days in prison, or both; and for the third offense,
by a fine of not less than $250, or more than 60 days in prison, or both.
1919
Mercantile.

Session laws 1919, ch. 582.

Sept. 1, 1919

The mercantile law was amended in this year to exempt from the
6-day-week provision women who are engaged or employed as writers
or reporters in newspaper offices.
1919
Street railroads, etc.

Session laws 1919, ch. 583.

Ma11 11!, 1919

In 1919, 6 days and 54 hours in any 1 week and 9 hours in any 1 day
became the legal maximum hours for women over 21 years of age
working in or in connection with the operation of any street, surface,
electric, subway, or elevated railroad, or selling or accepting fares or
admissions in any railroad station, car, or train of any such railroad.
The law defined daily hours as the period between the time of report•
ing for duty at the barn, terminal, car, or station, and the time the
employee was released for the day, and further specified that the
hours be consecutive except that 1 hour be allowed for meals, unless
the industrial commission permitted a shorter time. Posting of such
a permit was required and provision made that it could be revoked at
any time. Time records and posting of scheduled hours also were
required as in the factory law.
Penalties provided for violations were for the first offense a fine of
$20 to $50; for the second offense, a fine of $50 to $250, or not more
than 30 days in prison, or both; and for the third offense a fine of not
less than $250, or more than 60 days in prison, or both.
The law did not apply to villages and cities of less than 3,000
population.
1919

Elevator■•

Session laws 1919, ch. 544, secs. 176, r18, 179.

Sept. 1, 1919

In the same year legislation was passed to prohibit the employment
for more than 9 hours a day, 54 hours, 6 days a week, of women
having the care, custody, management, or operation of any elevatorfreight or passenger. At least 45 minutes were required for the noonday meal unless the industrial commission should permit a shorter
time, in which case the permit should be posted. Such permit was
revocable at any time. If work was done after 7 p. m., at least 20
minutes should be allowed for a meal between 5 and 7 p. m. Posting
of scheduled hours was required.
Penalties for violations of this law were fines of $20 to $50 for the
first offense; $50 to $250 or not more than 30 days in prison, or both,
for the second offense; and not, less than $200 or more than 60 days
in prison, or both, for the third offense.

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DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN

1920
Street railroad,.

Session laws 1920, ch. 284.

Apr. 21, JJnO

Legislation of 1920 amended the law of 1919 to apply only to conductors and guards in the operation of any street, surface, electric,
subway, or elevated railroad car or train. The definition of daily
hours was amended by omitting the words " or station,". and the
clause regarding consecutive hours was omitted.
1921
Elevators.

S ession laws 1921, ch. 50, secs. 183, 391.

Mar. 9, 19!1

For elevator operators, the labor law of 1921 continued the hour
regulations of 1919 (sec. 183) but omitted reference to mealtime
allowances and (sec. 391) made the law inapplicable in towns of
under 3,000 population to mercantile establishments, business and
telegraph offices, restaurants, hotels, apartment houses, and theaters
or other places of amusement.
1921
Elevators.

S ession laws 1921, ch. 50, sec. 391.

Mar. 9, 19!1

Through legislation of this year the la·w regulating hours of women
elevator operators does not apply in towns under 3,000 population to
mercantile establishments, business and telegraph offices, restaurants,
hotels, apartment houses, theaters or other places of amusement, or
bow ling alleys.
·
1921
Mercantile.

Session laws 1921, ch. 50, sec. !.

Mar. 9, 1921

The definition of a mercantile establishment was amended in 1921
to read " a place where one or more persons are employed in which
goods, wares, or merchandise are offered for sale; and includes a
building, shed, or structure, or any part thereof, occupied in connection with such establishments."
1921
Manufacturing.

Session laws 19!1, ch. 50, secs. !, 172-r/11•

Mar. 9, 19!1

Under the provisions of the labor law of 1921, 10 hours a day were
allowed in manufacturing establishments only to make a shorter day
or holiday 1 day a week and the canning exemption was permitted
only for women over 18 years of age instead of for those 18 years
and over as before. A factory was defined as a " mill, workshop, or
other manufacturing establishment, and all buildings, sheds, structures, or other places used for or in connection therewith, where 1
or more persons are employed at manufacturing, including making,
altering, repairing, finishing, bottling, canning, cleaning, or laundering any article or thing, in whole or in part, except (a) dry-dock
plants engaged in makrng repairs to ships, and (b) power houses,
generating plants, and other structures owned or operated by a public
service corporation, other than construction or repair shops, ~ubject
to the jurisdiction of the public service commission * * *."
1927
Manufacturinl', mercantile.

Session laws. 1927, ch. 459.

Jan. 1, 1928

An amendatory act passed in 1927, to become effective January 1 of
the following year, continued the 6-day week but introduced for
women in both factories and mercantile establishments an 8-hour day
and a 48-hour week. In establishments where a shorter workday is
given once a week, however, women may work 9· hours a day and 49½
hours a week, provided they work not more than 9 hours on 5 days
and 4½ hours on the sixth day. In addition, overtime is allowed to

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the extent of 78 hours a year, though not more than 10 hQurs a day,
excepting on 1 day a week in mercantile establishments, nor more
than 54 hours or 6 days a week may be worked. 1 In the case of such
overtime the amount to be required must be posted in advance and,
if only some of the women are to be affected, their names also must
be posted. Similar notice must be sent to the commissioner of labor.
Mercantile employees between December 18 and 24, inclusive, are
exempt from the law, the cannery exemption of 1913 still holds, and,
as before, writers and reporters in newspaper offices are exempt from
the 6-day week. There are no further changes in ear lier provisions.
1928
Mercantile.

Session laws 1928, ch. 561.

Mar. 24, 1928

Duly licensed pharmacists were exempted in 1928 from the provision limiting employment to 6 days a week.
1930
Manufacturina-, mercantile, etc.

Session laws 1930, chs. 861, 868.

Apr. 28, 1930

The overtime prov1s10n of the hour law was amended in 1930.
Yearly overtime· to the extent of 78 hours both in factories and in
mercantile establishments was allowed, provided none of such overtime was added to the short day of not more than 4½ hours required
under the weekly schedule of 49½ hours. The New York State Department of Labor interpreted the law as meaning that either the
48-hour or the 491/2-hour week must be selected by the employer and
used throughout the year, the 78 hours of overtime to be available
only with the 49½-hour week having 1 day of not more than 4½
hours.
1931
Mercantile.

Session law s 1931, ch. 509.

July 1, 1931

Again in 1931 the hour law was amended as to its provisions for
overtime but only in relation to mercantile establishments. Under
this amendment an employer is allowed 3 elections of schedule a year,
choosing between (A) an 8-hour day, 48-hour week, and (B) a 9-hour
day, 49½-hour week with 1 day of not more than 4½ hours. In no
case is employment permitted after 10 p. m. For taking inventorv 2
periods a year of 1 week each are allowed: Under (A) each pedod
is limited to 6 hours, under (B) to 5 hours.
Under (A) additional overtime of not more than 10 hours in the
calendar year is allowed provided weekly hours do not exceed 54 and
daily hours 10 and that any woman so working overtime shall be
allowed an equal amount of time off during the same week or within
7 days before or 7 days after the week in which she -works overtime.
Under (A) 10 hours are permitted on 1 day of the week in order to
make 1 or more shorter workdays in that week.
Under (B) 25 hours of overtime may be worked during the calendar year provided hours do not exceed 10 daily, 54 weekly,, and that
in no case shall overtime be added to the short day of 4½ hours.
The exemptions and the postino· requirements of the earlier law
are continued, but a provision is added that no overtime shall be permitted until at least 4 hours after a copy of the notice to be posted
has been delivered to the commissioner of labor.
1 The State's attorney general on July 2, 1928, interprete(l this law to mean that the
authorized r egular workday for women was 8 hours and that all time worked in excess of
8 hours a day must be counted as overtime if more than 4½ hours were requireld on the
short day. This opinion was overruled by the Supreme Court, 1929.

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DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN

NIGHT-WORK LAWS
1889
Manufacturinir,

Session laws 1889, ch. 560.

June 15, 1889

Night work was first prohibited for women in manufacturing establishments in New York in 1889. This provision, which was part
of the act specifying maximum hours, also applied to women under
21 years of age, and prohibited their employment between 9 p. m. and
6 a. m. Any violation of the law was a misdemeanor, punishable by
a fine of $20 to $100, or imprisonment for 30 to 90 days, or both.
Manufacturing establishments were defined as any place where
goods or products were manufactured, repaired, cleaned, or sorted in
whole or in part, and no person or corporation employing fewer than
5 persons or children, excepting in cities, was deemed a manufacturing establishment. ·
1892
Manufacturing.

S ession laws 189!, ch. 673, secs. 1, rt, £1.

May 18, 189f

The :{)enalties for violation of this law were changed in 1892 to a
fine of $29 to $50 for the first offense; not more than $100, or imprisonment for not less than 10 days, for the second offense·; and not less
than $250 and not more than 30 days' imprisonment for the third
offense. Manufacturing establishments were defined in this year as
any mill, factory, or workshop where 1 or more persons were employed at labor.
1893
Manufacturing.

Session law s 1893, ch. 173, sec. !1.

Mar. 22, 189$;

Changes in the penalty provisions were made again in 1893. Fines:
required for the ·first offense remained the same, but a minimum fine i
of $50 for the second offense was provided, the m ximum fine of $1001
continuing, with the number of days' imprisonment now being not;
more than 10. For the third offense the penalty remained the same ..
1896
Mercantile..

Session laws 1896, ch. 884, secs. 1, 4, 11, 12.

Sept. 1, 1896:

In 1896 legislation was first enacted prohibiting work in mercantile~
establishments between the hours of 10 p. m. and 7 a. m. This law)which affected only girls under 21 years of age in cities and incorporated villages with a population of 3,000 or more, did not apply on.,_
Saturdays, providing the total weekly hours did not exceed 60, nordid it apply between December 15 and the ensuing January 1. Vinlations were subject to penalties for the first offense of $20 to $100;
for the second offense, of $40 to $200, or not more than 60 days in
prison; for the third offense, of $200 to $300, or 90 days in prison, or
both. The teqn "mercantile establishments" meant any places
where goods, wares, or merchandise were offered for sale.
1896
Manufacturing.

Session law s 1896, ch. 991, sec. 21.

Sept. 29, 1896

Again in 1896 the penalties for violations of the factory law were
amended to provide for the first offense a fine of $30 to $100; for the
second offense a fine of $60 to $200, or not more than 30 days' imprisonment; and for the third offense a fine of $300 to $500 and not more
than 30 days, imprisonment.
1897
l\11\nufacturing.

Session laws 1897, ch. 415, sec. 2, June 1, .1897; ch. 416, sec. 884 l , M<JtY:r
13, 189.'l,•

In the following year the minimum fines for first and second vioJlations of the act were reduced to $20 and $50, respectively, and for the~
seoond offense both fine and imprisonment of 30 days could ·be im1

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posed. For the third offense was provided a fine of not less than
$250, or imprisonment for not more than 60 days, or both.
Factories now included any mill, workshop, or other manufacturing or business establishment where 1 or more persons were employed
at labor.
'
1897

Session law s 1891, ch. 416, sec. 384 Z.

Mercantile.

May 13, 1891

The penalty provisions of the mercantile law also were changed in
1897 by providing for the second offense a fine of $50 to $200, or not
more than 30 days in prison, or both; and for the third offense, a fine
of not less than $250, or more than 60 days in prison, or both. The
fine for a first offense was not changed.
1899

Session laws 1899, ch. 19!, sec. 77.

Manufacturing.

A.pr. 1, 1899

Legislation of 1899 made the factory act applicable to minors under
18 and females instead of, as before, to women under 21 years of age
and male minors under 18.
1901

Session laws 1901, ch. 477.

Manufacturing.

A.pr. !!Z, 1901

A 1901 amendment altered the factory law only by providing that
a shop, room, or building where one or more persons were employed
in doing public laundry work by way of a trade for purposes of gain
was a factory within the meaning of the labor law, and therefore
subject to its provisions. The law, however, did not apply to women
doing custom laundry work for their own families or family trade.
1907

Manufacturing.

Session laws 1907, ch. 506, sec. 384 l, June 15, 1907; ch. 507, Oct. 1, 1907

The night-work provision was declared unconstitutional for women
21 and over by the 'lower court on June 14, 1907, and this opinion
was later affirmed by the court of appeals. An amendment enacted
the same year, effective October 1, changed the wording of the law,
making it applicable to female minors under 21 and women, so that
only the prohibition of night work for women 21 and over became
void.
The maximum penalty for a first violation of the law was reduced
from $100 to $50.
1907

Mercantile.

Session law s 1907, ch. 506, sec. 384 l.

June 15, 1907

The maximum fine for a first violation of the mercantile law also
was reduced from $100 to $50.
1911

Manufacturing, mercantile.

Ses.sion laws 19ll, ch. 149,

S ept. 1, 1911

The maximum fine for second violations of both the factory and
the mercantile laws was increased in 1911 to $250.
1913

Mahufacturing.

S ession laws 1913, ch. 465, May 9, 1913; ch. 5Z9, May 15, 1913; ch. 83,
July . 1, 1913

In 1913 the law regulating night work in factories was amended to
prohibit the employment of ,vomen 21 years of age and over before
6 a. m. and after 10 p. m., instead of 9 p. m. as in the earlier act that
was declared unconstitutional. The prohibition of work between 9
p. m. and 6 a. m. for girls under 21 continued.
The new law read that work at night was prohibited "in order
to protect the health and morals of females employed in factories by
providing_an_adequate period of rest at night."
.

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DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN

[For the definition of factories of this year see the summary of
hour provisions, p. 89.]
1913
Mercantile.

Session laws 1913, ch. 493.

Oct. 1, 1913

Further legislation of this year prohibited the employment of
women, regardless of age, in mercantile establishments between 6
p. in. and 7 a. m. in cities of the second class, and between 10 p. m.
and 7 a. m. elsewhere except in towns of less than 3,000 population.
It did not apply to Saturdays provided the total weekly hours did
not exceed 54 in cities of the second class or 60 hours elsewhere. Nor
did it apply to the 5 days preceding Christmas in cities of the second
class, nor between December 18 and 24 elsewhere.
1914
Mercantile.

Session l aws 1914, ch. 331.

Apr. 1.J, 1914

Amended again ·in 1914 the law prohibited the employment between 10 p. m. and 7 a. m. of women in mercantile establishments
anywhere in the State except in towns of under 3,000 population.
The Saturday exemption was not continued, but exemption between
December 18 and 24 still was allowed.
·
1915
Mercantile.

.
Session lawa 1915, ch. 386.

Apr. £6, 1915

The following year further exemption was made for 2 days each
year for stock taking.
1917
Restaurants.

Session law s 1917, ch. 535.

Oct. 1, 191!1

In 1917 work between 10 p. m. and 6 a. m. was prohibited· in cities
of the first or second class for women working in or in connection
with any restaurant. Exempted from the la were singers~ performers, attendants in ladies' cloakrooms and parlors, and women
employed in or in connection with dining rooms and kitchens of hotels
or m or in connection with lunch rooms or restaurants conducted by
employers solely for the benefit of their own employees.
·
Violations of this law were to be penalized for the first offense by a
fine of $20 to $50; for the second offense by a fine of $50 to $250, or
not more than 30 days in prison, or both; and for the third offense by
a fine of not less than $250 or more than 60 days in prison, or both.
1918
Messengers.

Session laic-s 1918, ch. 434.

May £, 1918

Although persons under 21 years of age, in cities of the first and
second class, had been prohibited from work as messengers between
the hours of 10 p. m. and 5 a. m. since 1910, it was not until 1918
that a law was passed which applied to women over 21. Excepting
in towns under 3,000 population this law prohibited their work as
messengers for a telegraph or messenger service between 10 p. m. and
7 a. m. Penalties for violations were the same as those in the
resta~irant act of the preceding year.
1919
Mercantile.

Session law3 1919, ch. 582.

Sept. 1, 1919

An _exemption from the provisions against night work in mercantile
establishments was added in 1919 for women engaged or emploved as
writers or reporters in newspaper offices.
.
1919
Street railways.

S ession law8 1919, ch. 583.

May 12, 1919

In the same year women over 2-1 years of age were prohibited from
working between 10 p. m. and 6 a. m. in or in connection with the

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operation of any street, surface, electric, subway, or elevated railroad
in towns of 3,000 population or more and from selling or accepting
fares or admissions in any railroad station, car, or train of any such
railroad. Penalties for violation were the same as for violation of the
restaurant law of 1917 and the messenger law of 1918.
1919
Elevators.

Session laws 1919, ch. 544, secs. 176, 181.

Sept. 1, 1919

By another act of 1919 women having the custody, management, or
operation of a freight or passenger elevator were prohibited from
working between 10 p. m. and 7 a. m., or between 10 p. m. and 6 a. m.
if the elevator was used in connection with a business or industry in
which the employment of women between 6 and 7 o'clock in the
morning was not prohibited. vVomen over 21 years of age employed
in the care or operation of an elevator in a hotel were exempted.
Violations were subject to the same penalties as in the act of 1917
relating to restaurants.
1920
Street railways.

Session laws 1920, ch. 284.

Apr. fH, 1920

The street-railway law was amended in 1920 to apply only to conductors and guards in the operation of any street, surface, electric,
subway, or elevated car or train.
1921

Elevator■ •

Session laws 1921, ch. 50, sec. 391.

Mar. 9, 1921

This act made the law prohibiting night work for women elevator
operators no longer applicable to mercantile establishments, business
and telegraph offices, r estaurants, hotels, apartment houses, theaters
or other places of public amusement, or bowling alleys, in towns of
under 3,000 population.
1921
Mer.c antile.

Session laws 1921, oh. 50, sec. 2.

Mar. 9, 1921

The only change of this year in the mercantile law was in the definition of' mercantile establishments," which is given in the summary
of hour laws, p. 92.
1921
Manufacturing.

Session 1,aws 1921, ch. 50, secs. !!, rt2, Mar. 9, 1921; oh. 489, May S, 1921

Although the general provisions of the factory law were not altered
in the reenactment of 1921, the clause relating to ·the protection of
health and morals was omitted and to the section defining a factory
this clause was added:" Nor shall the provisions of this chapter [the
labor law] prohibiting the employment of women over 21 as proofreaders at certain hours apply to newspaper-publishing establishments, linotypists, and monotypists."
.
[The definition of a " factory" will be found in the summary of
hour laws, p. 92.]
1928
Mercantile.

Session laws 1928, oh. 567.

Mar. 24, 1928

In 1928 duly licensed pharmacists were exempted from the prohibition against work between 10 p. m. and 7 a. m.
PROHIBITORY OR REGULATORY LAWS
1887
Cleaning moving machinery.

Session· laws 1887, oh. 462, secs. 11, 20.

Ma11 25, 1887

In 1887 leo-islatrion was enacted prohibiting girls under 21 from
cleaning machinery while in motion. Violation was declared a misdemeanor subject to a fine of $20 to $100, or 30 to 90 days' imprison- .
ment, or both.

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DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN

1892
Cleaning moving machinery.

Session laws 1892, ch. 6'13, secs. 8, 21.

May 18, 189!

. Five years later the penalty for violation was increased to a fine of
$20 to $50 for the first offense; not more than $100, or not less than
10 days in prison, for the second offense; and not less than $250, and
not more than 30 days in prison, for the third offense.
1893
Cleaning moving machinery.
·

Session laws 1893, ch . 1'13, sec. 21.

Mar. 22, 1893

In 1893 the penalty for a second violation was changed to a fine of
$50 to $100 or not more than 10 days in prison.
1896
Cleaning moving machinery.

Session laws 1896, ch. 991, sec. 21.

Sept. 29, 1896

Again in 1896 the penalties for violations were increased, this time
to provide for the first offense a fine of $30 to $100 ; for the second
offense, $60 to $200 or not more than 30 days ir.. prison; and for the
third offense, $300 to $500 and not more than 30 days in prison.
1896
Mercantile basements.

Session laws 1896, ch. 384, s ecs . 7, 9, 11, 12.

Sept. 1, 1896

In 1896 a law was enacted prohibiting the employment of women in
the basements of mercantile establishments unless· permission was first
, secured from the board of health or the town commissioners. These
officials were forbidden to grant such a permit unless the basement
was sufficiently lighted, ventilated, and in all respects in the sanitary
condition necessary for the health of the employees. The law was not
applicable in towns of under 3:000 population. Violations were punishable for a first offense by a fine of $20 to $100; for a second offense
by a fine of $40 to $200, or not more than 60 days in prison; and for a
third offense by a fine of $200 to $300, or not more than 90 days in
prison, or both.
1897
Mercantile basements.

Sessi on laws 1897, ch. 415, secs. 160, 171. J-une 1, 1891; ch. 416, sec.
384 l, May 1'3, 1897

The content of this law was not changed in 1897 but the penalty
clause was amended to provide, for a second offense, a fine of $50 to
$200, or not more than 30 days in prison, or both; and :for a third
.offense, not less t4an $250, or more than 60 days in prison, or both.
The penalty :for a first violation was unchanged.
1897
Cleaning moving machinery.

Session laws 1897, ch. 415, sec. 81, J-un~ 1, 1897; ch. 416, sec. 384 l,
May 13, 1891

Changed again in 1897 the law prohibiting the cleaning of moving
machinery reduced the minimum fines for first and second offenses to
$20 and $50, respectively, and for a third offense fixed a fine of not
less than $250, or not more than 60 days in prison, or both.
1899
Emery wheels, etc.

Session law~ 1899, ch. 375.

Apr. 19, 1899

In 1899 women in :factories were forbidden t o operate or use any
emery, corundum, stone, or emery polishing or buffing wheel. The
fine provided for each violation was $50.
1903
Emery wheels, etc.

Session law-s 1903, ch. 561.

May 12, 1903

The law of 1899 was amended in 1903 to cover the operation or use
of any emery, tripoli, rouge, corundum, stone, carborundum, or any
abrasive or emery polishing or buffing wheel, where articles of the
baser metals or of iridium are manufactured.

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1906
Mines and quarries.

Session law s 1906, oh. ~5,, aeo. 13.'J.

Oct. 1, 1906

An act of 1906 provided that women should not be employed in or
in connection with any mine or quarry. Violation was punishable
by a fine of not less than $50, or not less than 30 days in prison.
(Session laws 1897, ch. 416, sec. 384 g.)
1907
Cleaning moving machinery; mercantile
basements.

Session l aws 1907, ch. 506, sec. 384 l.

J u n e 15, 1907

In this year the maximum fine for first violations of the law prohibiting the cleaning of moving machinery and of that regulating
employment in basements was reduced to $50.
1908
Mercantile basements.

Session laws 1908, ch. 520, sec. 171.

Jun e 16, 1908

An amendment of 1908 provided that in cities of the first class permission to employ women in the basements of mercantile establishments must be obtained from the commissioner of labor. In other
cities and towns and villages permits must be secured from the board
or department of health or the health commissioner, as provided in
1896.
1909
Emery wheels. etc.

Sess.ton laws 1909, ch. 36, sec. 93, ch . 88, sec. 1275.

M ar. 12, 1909

Penalties for violations of the law relatini to emery wheels were
increased in 1909 to provide a fine of $20 to :t,50 for the first offense ;
$50 to $200, or not more than 30 days in prison, or both, for the second
offense; and not less than $250, or more than 60 days in prison, or
both, for the third offense.
1911
Cleaning moving machinery; mercantile
basements; emery
wheels, etc.

SessuJn laws' 1911, ch. 149.

S ept. 1, 1911

Legislation of 1911 increased from $200 to $250 the maximum fine
for second violations of the laws dealing with moving machinery,
basement employment, and emery wheels.
1912
Employment after
childbirth.

Session laws 1912, ch. 331.

A pr. 15, 1912

Legislation of 1912 made it unlawful for any person in authority
in any factory, mercantile establishment, mill, or workshop to employ knowingly or permit a woman to be employed within 4 weeks·
after she has given birth to a child. The penalty for a first violation
is $20 to $50; for a second violation $50 to $250, or not more than 30
days in prison, or both; and for a third violation, not less than $250,
or more than 60 days in prison, or both.
1913
Mer.c antile basements.

Session laws 1913, ch . 145, sec. 171.

Mar. 28, 1913

The provisions of the law regulating employment in basements
were unchanged in 1913 except that in second as well as first class
cities permission for women to work in basements must be obtained
from the commissioner of labor instead of the health authorities as
elsewhere.
1913
Core making.

Session laws 1913, ch. 464.

Oct. 1, 1913

An amendment of 1913 to the labor law prohibits the employment
of women in brass, iron, or steel foundries at or in connection with
the making of cores where the oven in which the cores are baked is in

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operation in the same room in which the cores are made. A partition separating the oven from the space where t he cores are made is
not sufficient unless it extends from the floor to the ceiling, and is so
constructed and arranged, and any openings in it a1~e so J>rotecterl:
t,hat the gases and fumes from the core oven will not enter the room
in which the women work. The industrial board is empowered to
make rules and regulations as to the construction, equipment, maintenance, and operation of core rooms and the size and weight of cores
that may be handled by women , so as to protect their health and
safety. The penalties provided for violations of this law are for the
first offense, a fine of $20 to $50; for the second offense, $50 to $250,
or not more than 30 days in prison, or both; and for the third offense,
not less than $250, or 60 days in prison, or both.
1915
Core making.

Industrial board rule

Nos. 582-585.

A.pr.· 15, 1915

Rules adopted by the industrial board, effective April 15, 1915,
provide that( a) Where rooms in which core ovens are located adjoin rooms
where cores are made by women and where the making of cores and
the baking of cores are simultaneous operations, the partition between the rooms must be constructed of concrete, hollow tile, brick,
metal, or wood covered with metal or other material approved by
the commissioner of labor, and there must be in the partition only
such openings as are required by the nature of the business;
( b) All openings_in partitions between the core oven room and the
room in which women work must be vestibuled with a revolving device or self-closing double doors, or any other self-closing device
equally effective, and a,pproved by the commissioner of labor. Such
device must be kept in such condition t hat gases, fumes, and smoke
shall be effectually trapped;
( c) Women shall not be allowed to handle cores with a temperature of more than 110° F.;
(d) Women shall not be permitted to make or handle cores when
the combined weight of core, core box, and plate at which they are
working exceeds 25 pounds.
Legislation, effective May 22, 1915 (session laws 1915, ch. 674, sec.
51a), transferred the powers of the industrial board to the newly
established industrial commission and continued in force all existing
rules and regulations of the board. Reorganization in 1921 ( session
laws 1921, ch. 50, sec. 12) again provided an industrial board as . a
continuation of the industrial commission.
1918
Me ■ scngers.

Session laws 1918, ch. 434.

May 2, 1918

A law passed in 1918 prohibits the employment of girls under 21
years of age as messengers for telegraph or messenger companies in
the distribution,- transmission, or - delivery of goods or messages.
Towns of less· than 3,000 population are exempted. Penalties for
violations are for the first offense $20 to $50; for the second offense
$50 to $250, or not more than 30 days in prison, or both; for the third
off errse not less than $250, or more than 60 days in prison, or both.
1919
Street railroad■ •

Session laws 1919, ch. 583.

May 1~, 1919

In 1919 girls under 21 were prohibited employment in or in connection with the operation of street, surface, electric, subway, or elevated

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railroads, or to sell or accept fares or admissions in any railroad station, car, or train of any such railroad. Violations are subject to the
same penalties as are violations of the law prohibiting messenger
work. This law also does not apply in towns of under 3,000
population.
1920
Street railroads.

S ession laws 1920, ch,. !84.

Apr. !1, 192(}

The amended law of this year prohibits the employment of women
under 21 only as conductors and guards on street, surface, electric,
subway, or elevated railroads.
1921
Mines and quarries.

Session law s 1921, ch. _50, sec. 146(6); ch. 68, sec. 1£i5.

Mar. 9, 19!1

The penalties for violations of the law prohibiting women's employment in mines and quarries were changed in 1921 to provide for
the first offense a fin~ of $20 to $50; for the second offense $50 to $250,
or not more than 30 days in prison, or both; and for the third offense
not less than $250, or more than 60 days in prison, or both.
1921
Mercantile basements.

Session laws 1921, ch. 50, sec. 383.

Mar. 9, 1921

The only change in the law for mercantile basements for this year
required that all permits be issued by the labor commissioner.
1921
Emery wheels, etc.

Session laws 1921, ch. 642.

May 6, 1921

An amendment of 1921 to the act of 1903 forbidding women to
operate emery wheels, etc., allows women over 21 years of age to
operate such wheels for wet grinding under conditions specified by
the industrial board.
1921
Employment after
childbirth.

Session laws 19'21, ch. 50, seo. 148.

Mar. 9, 1921

Revision in 1921 of the 1912 _act prohibiting employment for four
weeks after childbirth omitted the words "mill or workshop." The
law does not apply in mercantile establishments in towns of under
3,000 population.
1924
Mercantile basements.

Sessi on laws 1924, ch. 466, sec. 383.

Apr. !5, 19!4

In 1924 the law regulating basement employment in mercantile
establishments was extended to apply to restaurants.
SEATING LAWS
1881
Manufacturing, mercantile.

Session laws 1881, chs. 298, 676, sec. 15.

May 18, 1881

In 1881 employers of women in any mercantile or manufacturing
business or occupation were required by law to provide and maintain
suitable seats for the use of women employees and to permit these
seats to be used to such extent as might be reasonable for the preservation of health. Violation was a misdemeanor, and therefore subject
to a fine of not more than $500, or by imprisonment for not more
than one year, or both.
1896
Mercantile.

Session laws 1896, ch. 384, secs. 6, 11, 12.

Sept. 1, 1896

Legislation of 1896 regulating the hours of employment of women
in mercantile establishments· also required that such establishments
should provide seats to the number of at least 1 to every 3 women em- .
ployed; that there must be provided and maintained chairs, stools, or

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other suitable seats for use at reasonable times to such extent as might
be required for the preservation of health, and that the use of such
seats be permitted either in front of or behind the counter, table~ desk,
or fixture where the woman was principally engaged. The law applied only in towns of at least 3,000 population. Violations were
punishable for the first offense by a fine of $20 to $100 ; for the second
offense, $40 to $200, or not more than 60 days in prison; for the third
offense, $200 to $300, or not more than 90 days in prison, or both.
1897
Mercantile.

Session laws 1891, ch. 415, &ecs. 160, 170, June 1, 1891; ch. 416, sec.
384 j, May 13, 1897

The content of the seating law of 1896 was not changed in the revision of 1897, but violation was declared a misdemeanor for which
the penalty was the· same as in 1881.
1897
Manufacturing.

Session laws 1897, ch. 415, sec. 11, June 1, 1897; ch. 416, sec. 884 j,
June 2, 1897

The law of 1881 requiring seats in factories and mercantile establishments was reenacted in 1897 but made to apply only to factories,
since an additional law had been passed in 1896 affecting mercantile
establishments.
1900
Manufacturing, hotels,
etc.

Session laws 1900, ch. 583.

A.pr. 19, 1900

In 1900 the law of 1897 applying to manufacturing establishments
was amended to cover not only women in factories but waitresses in
hotels or restaurants.
1909
Mercantile.

Session laws 1909, ch. 88, sec. 1~5.

Mar. 12, 1909

Penalties for violation, as far as they concerned the mercantile
law, were changed in 1909 to provide for the first offense, a fine of
$20 to $50; for the second offense, $50 to $200, or not more than 30
days in prison, or both; for the third offense, not less than $250, or
more than 60 days in prison, or both.
1911
Mercantile.

Session laws 1911, ch.

749.

Sept. 1, 1911

Two years later the maximum fine for second violations of this
law was increased from $200 to $250.
1913
Manufacturing.

Session laws 1918, ch. 349, A.pr. 2!2, 1913; ch. 197, Oct. 1, 1913

In 1913 the law requiring seats for women employed in factories
and as waitresses in hote?s and restaurants was amended to require
that seats with proper backs, where practicable, be provided for all
women engaged in work that could properly be performed in a sitting posture. The industrial board was empowered to determine
when sea.ts, with or without backs, are necessary, and also the number to be provided. For violations the same penalties became applicable as for violations of the mercantile law.
1919
Elevator operators.

Session laws 1919, ch. 544, sec. 177.

Sept. 1, 1919

The same act of 1919 regulating working hours of elevator operators requires also that suitable seats be provided and maintained for
women having the care, custody, management, or operation of any
freight or passenger elevator, and that they be allowed to use the
seats at such time and to such extent as may be necessary for the
preservation of health. Violations are subject to fines for the first
offense. of ~20 to $50; for the second offense, of $50 to $250, or not

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more than 30 days in prison, or both; :for the third offense, of not less
than $250, or not more than 60 days in prison, or both. (Session
laws 1913, ch. 349.)
1921
Manufacturing, mercantile, etc.

Session laivs 1921, ch. 50, secs. 150, 391.

Mar. 9, 19!1

An act of 1921 consolidated the seating laws of previous years
applying to factories, mercantile establishments, elevator operators,
and waitresses in hotels and restaurants, but made no changes in their
p r ovisions, which, like other provisions of the labor law, do not affect
mercanti]e establishments, business offices, telegraph offices, restaurants, hotels, apartment houses, theaters, or other places of public
amusement, or bowling alleys, in towns of under 3,000 population.

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NORTH CAROLINA
HOUR LAWS
1915
Manufacturlnir.

Session laws 1915, oh. 148.

Mar. 8, 1915

A law passed in 1915 by the legislature of North Carolina provides
a maximum week of 60 hours for women in ·all factories and manufacturing establishments in the State and a 60-hour week for men also
except in case of a written contract and payment of extra compensation. An 11-hour day, however, is the maximum allowed for both
men and women. The act does not apply to engineers, firemen, superintendents, overseers, section and yard hands, office men, watchmen,
or repairers of breakdowns.
.
Any employer knowingly or willfully violating this law is guilty
of a misdemeanor and punishable in the discretion of the court, provided that for a second conviction within 12 months there shall be a
fine of not less than $500 or imprisonment for not less than 90 days.
1931
Manufacturing-.

Session iaws 1931, oh. 289.

May 31, 1931

An act of 1931 supersedes that of 1915 and applies only to women.
It covers factories, manufacturing establishments, and mills, and
continues the 11-hour day but reduces the maximum weekly hours to
55. It exempts women employed in seasonal industries in the process
of conditioning and of preserving perishable or semipe-r ishable commodities, and women engaged in agricultural work. Any employer
violating the act is guilty of a misdemeanor and subject to a fine of
not more than $50 or imprisonment of not more than 30 days. Each
day's violation constitutes a separate offense.
SEATING LAWS
1909
Mercantile, manufacturing, etc.

Session laws 1909, ch. 857.

June 1, 1909

Seats for women workers in North Carolina are required by a law
of 1909. This act provides that employers of women in stores, shops,
offices, or manufacturing establishments, as clerks, operatives, or
helpers in any business, trade, or occupation, must procure and provide proper and suitable seats and p ermit the use of such seats, rests,
or stools as may be necessary when the women are not actively employed or engaged in their work.
Violations are punishable by fines of $25 to $100.
104

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NORTH DAKOTA
HOUR LAWS
186S
Manufacturinr.

Session laws (Dakota) 1862-GS, ch. ,+9.

Jan. 6, 186!

The law o:f the Territory of Dakota relating to women's hours o:f
work was enacted in 1863, was adopted by North Dakota when it
became a State in 1889, and was retained unaltered until 1919.
This act provided that employers in manufactories, workshops, or
other places used for mechanical or manufacturing purposes who
compelled any woman to work longer than 10 hours a day were guilty
of a misdemeanor and punishable by a fine of not more than $100
nor less than $10.
1917
Public welfare commission.

Settsion lawa 1917, ch. 181.

July 1, 19rt

An act o:f 1917 created a commission, known as the public welfare
commission, that was required to investigate the economic, moral, and
social conditions of women in factories, hotels, restaurants, stores,
laundries, and other industrial establishments in the State; to make
a report to the governor and the next legislative assembly; and to
recommend legislation for improvement of such conditions.
1919
Manufacturing, mercantile, etc.

Session laws 1919, ch.

no.

July 1, 1919

The hour law passed in 1919, that repealed the early act, provided
that women should not be employed in any manufacturing, mechanical, or mercantile establishment, laundry, hotel or restaurant, or telephone or telegraph establishment or office, or in any express or transportation company more than 8½ hours a day or 6 days, 48 hours, a
week. W ome;n working in rural telephone exchanges and women
working in villages or towns of less than 500 population were not
covered. Violation was punishable by a fine of $25 to $200.
1919
All industries.

Session laws 1919, ch. 114.

July 1, 1919

Another act o:f 1919 r epealed the public welfare commission act o:f
1917 and empowered the newly created workmen's compensation bureau (session laws 1919, ch. 162), after certain specified procedure, to
issue orders concerning hours and conditions of labor of women in
any occupation except agricultural or domestic service, such orders to
have the force of law. It does not, however, permit increasing the
hours beyond the limits fixed in the law of this same year relating
specifically to hours of work. Posting of the orders is required.
Any violation of the act is a misdemeanor, punishable by a fine of
$25 to $100, or imprisonment for 10 days to 3 months, or both such
fine and imprisonment.
The workmen's compensation bureau, through its minimum wage
department, issued its first orders in 1920, under the authority of the
act of 1919. Order No.1 required employers of women to keep certain
records containing personal information concerning each woman, and
94872°-az....-s

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DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN

order No. 2 (see p . 111) set up a sanitary code. All other orders
dealt in part with hours of employment.
1920

All industri es.

Minimum wage department order No. :J.

.Aug. 16, 1920

Order No. 3 provided that no woman should be employed on 2 successive days, except in emergency cases and the bureau was to be judge
of the emergency, without an interval of at least 9 hours' re~t, and
that in any town of over 500 population employment by more than 1
employer shOl~ld not exceed the legal limits of 8½ hours a day or 48
hours, 6 days, a week.
1920
Public housekeeping.

Minimum wage d epartment order No. 5.

Aug.

ts, 1920

Order No. 5 provided that women should not be employed in any
public-housekeeping occupation in towns of less than 500 population
for more than 9 hours a day, 58 hours a week, or 28 days a month;
nor should they be employed in any such establishment in the State
for more than 5 hours continuously withGut a rest period of at least
45 minutes. In case of emergency, however, any of these regulations
might be suspended or modified by permission of the workmen's
compensation bureau.
"Public-housekeeping occupation," according to definition of the
order, included the work of waitresses in restaurants, hotel dining
rooms, and boarding houses, all attendants employed at ice-cream and
light-lunch stands, steam-table or counter work in cafeterias and delicatessens where :freshly cooked foods are served, the work of chambermaids in hotels, lodging houses, boarding houses, and hospitals, the
work of janitresses and car cleaners, the kitchen workers in hotels and
restaurants and hospitals, and the work of cigar-stand girls and
elevator operators.
1920
Personal service.

Minimum wage department order No. 6.

Aug. 16, 1920

Order No. 6, applying to personal-service establishments not covered by the law of 1919, required that women in such work should
not be employed more than 9 hours a day, 58 hours a week, 28 days
a month, nor :for more than 5 hours without a rest period of at least
45 minutes. The provision made :for emergencies in order No. 5 was
not included here.
"Personal-service occupation" the order defined as manicuring,
hairdressing, barbering, and other work of like nature, and the work
of ticket sellers and ushers in theaters.
1920
Ofli.c e.

Minimum wage department order No. 7.

.Aug. 16, 1920

This order affected another large group of women · workers to
whom the 1919 legislation did not apply, i. e., those in offices, including stenographers, bookkeepers, typists, billing clerks, filing clerks,
cashiers, checkers, invoicers, comptometer operators, auditors, attendants in physicians' and dentists' offices, and all kinds of clerical workers. The provisions fixed the maximum hours at 8½ a day and 48
a week, and ordered a 6-day week and at least 45 minutes of rest
after 5 hours of continuous work.
1920
Manufacturing.

Minimum wage department order No. 8.

.Aug. 16, 1920

This order provided, as the law of 1919 did not, for an 8½-hour
day and a 48-hour, 6-day week in manufacturing establishments in
towns of less than 500 population. It also provided, for all manu-

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:facturing establishments throughout the State, not more than 6 hours
of continuous employment without at least 45 minutes' rest.
Manufacturing was defined as all processes in the production of
commodities, including work performed in dressmaking shops and
wholesale millinery houses, in the workrooms of retail millinery
shops, and in the drapery and furniture-covering workshops, the garment-alteration, art-needlework, fur-garment-making, and millinery
workrooms in mercantile stores, in the candy-making departments of
retail candy stores and of restaurants, in bakery and biscuit-manufacturing establishments, in candy-manufacturing and in book-binding and job-press-feeding establishments.
1920
Laundries.

Minimum wane department order No. 9.

A.11-g. 16, 1'9!(1

Order No. 9 applied to women in laundries and provided for those
in towns of less than 500 population an 8½-hour day and a 48-hour,
6-day week; in other words, the same standards fixed by law for the
rest of the State. It also provided that in no laundry in North
Dakota should women be employed continuously for more than 5
hours without a rest period of at least 45 minutes, except on 1 day a
week.
A laundry was defined as a place where clothes are washed or
cleaned by any process, by any person, firm, institution, corporation,
or association. Laundry work, the order said, should include all the
:processes connected with the receiving, marking, washing, cleaning,
ironing, and distribution of washable and cleanable materials. The
work performed in laundry departments in hotels, hospitals, and factories was to be considered as laundry work.
.
1920
Student nurses.

Minimum wage department order No. 10.

Aug . 16, 1920

Order No. 10 provided that women being trained or employed as
students in the profession of nursing or caring for the sick, disabled,
or invalid in any hospital, sanitarium, or other like place should not
be required to be on duty more than 52 hours in any 1 week, exclusive
of class hours. Furthermore, a 12-hour free period at least once a
week between the hours of 7 a. m. and 11 p. m. was required for each
student nurse. In cases of emergency these regulat10ns might be
temporarily suspended or modified by perm~ssion of the bureau.
1920
Mercantile.

Minimum wage d epartment order No. 11.

A.tt!J. 16, 1920

Mercantile occupations were affected by order No. 11. This term
covered employment in establishments operated for the purpose o-f
trade in the purchase or sale of any goods or merchandise, including
the sales force, the wrapping employees, the auditing or checking
force, the shippers in the mail-order department, the receiving, marking1 and stock-room employees, and sheet-music,saleswomen and demonstrators. The order provided 8½ hours a day and 48 hours, 6 days,
a week for women in mercantile establishments in towns under 500
population, and stipulated that in no mercantile establishment in the
State should women be employed more than 6 hours continuously
without a rest period of at least 45 minutes.
1920
Telephone.

Minimum wage d epartment order No. 12.

A.it!]. 16, 19f0

Order No. 12 provided that no woman should be employed in any
telephone establishment in any town in North Dakota with a popula-

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DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN

tion of under 500, nor in any rural telephone exchange, for more than
10 hours a day, between 7 a. m. and 10 p. m., or 63 hours a week, or
28 days a month; that no woman in any telephone establishment in
the State should be employed for more than 6 hours of labor between
7.30 a. m. and 8.30 p. m. without a rest period of at least 45 minutes;
and that no woman, except in rural telephone exchanges, should work
more than 8 consecutive days without 1 day off. In cases where a
telephone operator was not required to be on duty continuously, the
workmen's compensation bureau might grant a special license fixing
hours different from those required by the order, if satisfactory to
both employer and employee. Also in cases of emergency any regulations of this order might be temporarily modified or suspended by
permission of the bureau.
As soon as this first group of orders of the minimum wage department became effective, an injunction was asked against enforcement
of the laundry and telephone orders (Nos. 9 and 12). It was granted
by the district court on the ground that these orders were unlawfully
passed. Although no action was brought against the remaining orders, which were to become effective at the same time, no attempt was
made to enforce them, and in effect they too were suspended about
the 1st of September, 1920, as a result of the injunction.
Early in 1922, however, new orders were issued for 5 of the 8
occupational groups covered by the orders of 1920.
1922
Public housekeeping.

Minimum wage department order No. 1.

Apr. 4, 1922

Order No. 1 of 1922 repeats the provisions of the earlier order
relating to public-housekeeping occupations that the maximum
working time in towns of less than 500 population should be 9 hours
a day, 58 hours a week, 28 days a month, and it reduces :from 5 to 4
the number of hours allowed without a rest period. U~der the terms
of the new order, where rµeals are furnished on the premises, a 30minute meal period must be allowed, and where it is necessary for,
employees to leave the premises for meals 60 minutes must be allowed.
Posting of scheduled hours of women working part time is required.
The emergency provision of 1920 is repeated. The work of cigarstand girls is no longer considered a public-housekeeping occupation,
but in other respects the. term public housekeeping is interpreted as
it was in 1920.
1922
Manufacturing.

Minimum wage department order No. !.

A.pr.

192!

Whereas the 1920 ruling affected only towns of under 500 population,
the manufacturing order of 1922 applies to the whole State. This
order does not fix daily or weekly hours, but reduces the stretch of
continuous work from 6 to 5½ hours, and instead of the 45-minute
rest period of 1920 requires a minimum allowance of 30 minutes for
the noon meal. A provision, new with respect to manufacturing
establishments, permits these regulations to be temporarily suspended
or modified by permission of the workmen's compensation bureau in
cases of emergency. Manufacturing occupations are defined as in
the order of 1920.
1922
Mercantile.

Minimum wage department order No. s. Apr. ,i, 1922
The order of 1922 relating to mercantile establishments permits
maximum hours in towns of less than 500 population of 9 a day and

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54 a week instead of the 8½-hour day and the 48-hour, 6-day week of
1920. It also allows temp rary suspension or modification o:£ this
provision in cases of emergency and by permission o:£ the workmen's
compensation bureau. No limit is set, as it was in the order o:£ 1920,
to the number of hours of continuous labor. The work of cigar-stand
girls is added to the 1920 definition of mercantile occupations.
1922
Laundries.

•
Minimum w age department order No . 4.

A.pr. 4, 19!!

Unlike the 1920 order for laundries, that of 1922 applies to the
whole State and does not fix hour limits. The permitted stretch of
continuous work is the same as in 1920 but the 45-minute rest period
is no longer specified, the 19-22 order requiring that no woman in any
laundry establishment in North Dakota shall be employed for more
than 5 hours of continuous labor without a rest period, the minimum
allowance for the noon meal to be 30 minutes. Similar provision is
made for cases of emergency as in the orders dealing with manufacturing and mercantile occupations. The 1920 definition of laundries
and laundry work is repeated.
1922
Telephone.

Minimum wage department order No. 5.

Apr. 4, 192!

Order No. 5, 1922, provides that in all telephone exchanges in the
State adequate time and provision at seasonable hours must be allowed
for meals. In towns of less than 500 population and in rural telephone exchanges, the order provides that the arrangement of the
operators' schedules, the maximum number of hours a day, and the
maximum number of days a month shall be arrived at by mutual
agreement between employer and employees, such agreement to be
made known to the workmen's compensation bureau. ·where agreement can not be reached the matter must be referred to the minimum
wage department of the bureau for adjustment. No provision of the
1920 order is repeated except that for temporary suspension or modification of the regulations, by permission of the bureau, in cases of
emergency.
1923
Manufacturing, mercantile, etc.

Session laws 1923, ch. S46.

July 1, 19!S

I,n 1923 an amendment to the hour law provided that the law shall
not apply in a case of emergency, at which time women may be employed 10 hours a day and 7 days a week, but not over 48 hours a
week. An emergency is defined as existing in the case of sickness of
more than one woman employee, in which event a doctor's certificate
must be furnished; the protection of human life; banquets, conventions, celebrations; sessions of the State legislature; or where a woman is employed as reporter in any of the district courts o:£ the State.
In cases of emergency, this law required, the proper authorities must
be notified at once of reasons for and probable duration of such emergency, and permission must be obtained from such authorities as soon
as possible.
1925
Manufacturing, mercantile, etc.

Session laws 19f 5, ch. !19.

July 1, 19!5

The hour law was again amended and reenacted in 1925. A slight
change in wording and pnnctuation placed. women in offices under
the provisions o:£ the law, the 1925 act reading "telephone or telegraph establishment, or an office." To earlier exemptions was added

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110

DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN

exemption for employees in small telephone exchanges where the
workmen's compensation bureau, after a hearing, decided that work
was so light that it did not justify the application of the law. in
which case the bureau was required to make rules and regulations
appropriate to such small exchanges. The amended law specified that
in cases of emergency notification in writing or by telegraph should
be sent to the workmen's compensati9n bureau, which should determine the duration of the emergency. Other minor changes in wording did not alter the meaning of the law, but it was amended further
by reducing to $100 the maximum fine for noncompliance.
1927
Manufacturing, mercantile, etc.

Sessi on laws 1921, ch. 142.

July 1, 19?:1

Further amendment and reenactment in 1927 restores the 1919
wording, "telephone or telegraph establishment or office," thus removing general office employees from the application of the law. The
amended law also adds small telegraph offices to the earlier exemption
for employees in small telephone exchanges and omits the provision
requiring that the workmen's compensation bureau be notified in case
of an emergency.
NIGHT-WORK LAWS
1920
Elevator operators.

M i nimum wage depart1nent order No. 5.

Aug. 16, 1920

Order No. 5, 1920, dealing with public-housekeeping occupations,
prohibited the employment of women as elevator operators between
11 p. m. and 7 a. m., except in a case of emergency, when this regulation might be temporarily suspended or modified by permission of
the workmen's compensat10n bureau. For violation of this, as of all
provisions of the orders of the minimum wage department, the penalty is that named in the act of 1919. (Session laws 1919, ch. 174.)
1920
Mercantile.

Minimum w age department order No. 11..

Aug. 16, 1920

This order, affecting mercantile occupations, prohibited the employment of women after 6.30 p. m. [NoTE.-For the definition of
mercantile occupations as given in this order see the summary of
daily and weekly hour provisions, p. 107.]
1922
Public housekeeping.

Minimum wage department order No. 1.

Apr.

1922

The public-housekeeping order of 1922 forbids the employment of
women in all such occupations between 1 a. m. and 5 a. m. and repeats
the prohibition of 1920 concerning elevator operators and night work.
The emergency clause of the 1920 public-housekeeping order also is
repeated here. [NoTE.-The definition of public-housekeeping occupations will be found in the ·summary of the daily and weekly hour
provisions of this order, pp. 106, 108.J
1922
Mercantile.

Mini mum wa-g e department order No. S.

Apr.

1922

The 1922 mercantile order changes from 6.30 to 9 the hour after
which women may not work at night. It also adds a provision that
makes possible, in cases of emergency, temporary suspension or modification of this regulation by permission of the workmen's compensation bureau. Employment at cigar stands is interpreted here as a
mercantile occupation.

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111

NORTH DAKOTA
1922
Mercantile.

July St, 1922•1

Minimum wage department, amendment to order No. S.

Later in the same year permission was granted mercantile establishments to employ women until 10 o'clock on Saturday nights during April, May, August, September, and October. No printed order
was issued, but a resolution to this effect was adopted at a meeting of
the board of the workmen's compensation bureau on July 31, 1922.
1922
Laundries.

Minimum wage department order No.

.Apr.

19!!

Order No. 4 of 1922 provides that women shall not be employed in
laundries before 6 o'clock in the morning. The emergency provision
of the mercantile order of 1922 is repeated in this order affecting
laundries.
PROHIBITORY OR REGULATORY LAWS
1920
Messenirers.

Minimum wage department order No. 6.

.Aug. 16, 1920

The 1920 order covering personal-service occupations prohibited
the employment of women as messengers in the telegraph, telephone,
or public-messenger service. Violation was subject to the penalty
provided in the act of 1919 (seEsion laws 1919, ch. 174).
This order, like all others of the minimum wage department, was
suspended about the 1st of September, 1920. (Seep. 108, par. 2.)
SEATING LAWS
1920
All industries.

Minunum wage department order No. 2.

.Aug. 16, 1920

Order No. 2 of the minimum wage department established a sanitary code that included the requirement that in all places of employment employers of women should provide and maintain suitable
seats, with proper backs where practicable, for the use of such employees, and should permit their use to such extent as might be reasonable for the preservation of health. The order specified that
where three or fewer women were employed the workmen's compensation bureau could, upon application and showing, release the applicant :from compliance with the order. Like other orders this was
suspended in 1920.
1922
Mercantile.

Minimum wage department 'order No. S.

A.pr. 4, 19!!

Order No. 3 of 1922 app lies to mercantile occupations and includes a requirement for seats similar to that in the order of 1920,
such seats to be placed either behind the counter or in the store. The
mercantile group is defined in this order as it was in order No. 11,
1920, with the addition of cigar-stand girls.
In cases of emergency any regulation included in this order can be
temporarily suspended or modified by permission of the workmen's
compensation bureau.
1

.Adopted on this date.

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P1·obably effective immediately.

OHIO
HOUR LAWS
1852
Manufacturing.

Session laws 1852, v. 50, p. 18'J.

May 1, 1852

The first law in the United States limiting women's (but not
men's) hours of work was passed in Ohio in 1852. It provided that
any person who compelled a woman to work more than 10 hours a
day in a manufactory, workshop, or other place used for mechanical
or manufacturing purposes should be fined not less than $5 nor more
than $50. This law was repealed in 1879, the repeal becoming
effective January 1, 1880.
1911
Manufacturing, etc.

Session laws 1911, v. 102, pp. 488-489.

Sept. 16, 1911

Thirty-two years after the repeal of the act of 1852 another law
was passed, prohibiting the employment of women more than .10
hours daily or 54 hours weekly in or in connection with any factory,
workshop, telephone or telegraph office, millinery or dressmaking
establishment, or restaurant, or in the distribution or transmission
of messages. Canneries or establishments engaged in preparing
perishable goods for use were exempted.
·
A half hour for me~l time if a lunch room was provided, or 1
hour, with permission to leave the establishment, if there was · no
lunch room in the building, was required in the industries covered
by the hour provision and also in business offices, bakeries, and mercantile or other establishments. ·
The penalty for violation of these provisions was a fine of $25 to
$200.
1913
Mercantile.

Session laws 1913, v. 103, p. 555.

Aug. 1, 1913

In 1913 the hour law of 1911 was amended to include mercantile
establishments in any city.
1917
Manufacturing, mercantile, etc.

Session laws 191"/, v. 107, p. 149.

June 21, 1917

Hours were reduced in 1917 through an amendment requiring that
women shall not be employed more than 9 hours a day or 50 hours, 6
days, a week, except in mercantile establishments, where 10 hours may
be worked on Saturday. This law applies to the same industries
specified in the earlier acts. It exempts canneries and establishments
engaged in preparing for use perishable goods during the cannjng
season. The penalty provision of 1911 still applies.
1919

Street railways, etc.

Session laws 1919, v. 108, pt. 1, pp. 540-541.

Sept. 4, 1919

An act of 1919 amended the hour law to· apply to women employed
in or on any interurban or street railway car, or as ticket sellers or
elevator operators.
112

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113

OHIO

NIGHT-WORK LAWS
1919
Ticket selling.

S e8s,i on law s 1919, v. 108, pt. 1, p . 541.

Sept.

4, 1919

A law passed in 1919 prohibiting the employment of women in certain occupations also prohibited their employment as ticket sellers
between 10 p . m. and 6 a. m.
PROHIBITORY OR REGULATORY LAWS
1909
Emery wheels.

SeBsion law s 1909, v . 100, p . 63.

J u ne 22, 1909

A law of 1909 amending previous laws relative to emery wheels or
belts was the first to prohibit the employment of women in Ohio in
operating, assisting t o operate, or using emery wheels or belts rolled
or coated with emery or corundum or cotton wheels used as buffs.
The penalty for violation was $50 to $200 for each offense.
1911
Emery wheels.

Session laws 1911, v. 102, P. 4<,?;1.

Sept. 7, 1911

An amendment in 1911 raised the penalty for violation of the law
relating to emery wheels to not less than $100 nor more than $300.
1917, 1924
Core making.

Industrial commi ssi on. Foundry cod;e, rul es N os. 34- 37, Jan. 14,
1918 ,· specific requ i r ements in foundr i eB, rul e8 N os. 43- 48, J an. 1,
1924

In 1917 the Ohio industrial commission, created in 1913 (session
·1aws 1913, vol. 103, p. 95) with power to prescribe standard conditions
of labor for employees in the State, adopted four rules r elating to the
employment of women in core rooms. These rules provided that( a) W'here rooms in which core ovens are located adjoin rooms
where cores are made by women and where the making of cores and
baking of cores are simultaneous operations, the partitions between
such rooms must be constructed of concrete, hollow tile, brick, metal,
or wood covered with metal, or other material approved by the industrial commission, and there must be in such partition only such
openings as are required by the nature of the busrness;
(b) All such openings must be vestibuled with a revolving device
or self-closing double doors or any other self-closing device equally
effective and approved by the commission, such device to be kept in
such condition that gases, fumes, and smoke shall be effectually
trapped;
(c) No woman employed in a core-making room shall be permitted to handle cores that have a temperature of more than 110° F., nor
( d) to make or handle cores when the combined weight of the core,
core box, and plate exceeds 15 pounds.
·
Any violation of the act empowering the industrial commission to
issue such rules and regulations is subject to a fine of $50 to $1,000
for the first offense and $100 to $5,000 for subsequent offenses. Each
day's violation constitutes a separate offense.
1919
Miscellaneous.

S ession laws 1919, v. 108, pt. 1, p. 541.

Sept.

1919

A law enacted in 1919 forbids the employment of women as crossing watchmen, section hands, express drivers, molders, bell hops, taxi
drivers, 1 jitney drivers, gas or electric meter readers, workers in blast
furnaces, smelters, mines, quarries, except in the offices thereof, shoeshining parlors, bow ling alleys, pool rooms, bar rooms, and saloons or
1 On Mar . 2, 1928, a county court of Ohio declared un constitutional the prohibition
agains t t a xi driving.

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114

DEVELOPMENT OF L ABOR LEGISLATION FOR WOMEN

public drinking places that cater to male customers exclusively and
in which substitutes for intoxicating liquors are sold or advertised for
sale, in delivery service on wagons or automobiles, in operating
freight or baggage elevators, in baggage handling, freight handling,
and trucking of any kind, or in employments requiring frequent or
repeated lifting of weights over 25 pounds. The penalty for violation is $25 to $200.
1931
Core making.

I ndustria l commission.

Spec-t'{tc safety . r equirements •
•
• tn
fou n dri es, secs. 81-84. May 1, 1931

In the revised regulations o:f 1931 r elating to the employment o:f
women in foundries the maximum weight of any object to be lifted
is specified as 25 pounds unless mechanical means are used by which
the physical effort involved is limited to that weight. Partitions
o:f "fire resistive material" are specified between rooms in which
core ovens are located and rooms where cores are made by :females
and where the making and baking of cores are simultaneous operations, and the process generates injurious gases, :fumes, smoke, or
excessive heat. Other provisions o:f 1916 ar;e repeated.
SEATING LAWS
1885
Manufacturing, mercantile.

Session law s- 1885, v . 8i, pp. 1S1-13! .

A.pr. 16, 1885

Under this law every person or corporation employing women in
any manufacturing, mechanical, or mercantile establishment was
required to provide seats for them when they were not necessarily
engaged in the active duties for which they were employed. lhe
penalty provided for violation was a fine o:f $10 to $25.
1889
Manufacturing, mer.cantile.

Session law s 1889, v. 86, p. 62.

Mar. 1, 1889

An amendment four years later added that use o:f the seats should
be permitted at all times when it would not actually and necessarily
interfere with the ·proper discharge of the duties of the employees.
1898
Manufacturing, mercantile.

Sessi on law s 1898, v . 9S, pp. S5-S6.

Mar. 9, 1898

The seating law was amended again in 1898 by requiring a seat :for
the use of each woman employee and that such seat be constructed or
adjusted where practicable so as to be a fixture and not obstruct the
employee when she was engaged in duties preventing the use o:f the
seat. The penalty of 1885 remained unchanged.
1911
Manufacturing, mercantile, etc.

Session laws 1911, v . 10'2, pp. 488.....!489.

Sept. 16, 1911

An act o:f 1911 repeals and amends earlier provisions reqmrmg
seats for women. This act applies to any :factory, workshop, business
office, telephone or telegraph office, restaurant, bakery, millinery or
dressmaking establishment, mercantile or other establishment, and
requires a suitable seat for -each woman, to be constructed, where
practicable, with an automatic back support and to be so adjusted as
to be a fixture. Other provisions, as to permission to use the seats
and the time when they may be used, are the same as before. The
penalty for violation, however, was increased to not less than $25
nor more than $200.

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OKLAHOMA
HOUR LAWS
1890
Manufacturing.

Statutes 1890, oh. 25, sec. 2556.

Dec. 24, 1890

The first legislative assembly of the Territory of Oklahoma in 1890
passed a law establishing a 10-hour day in all manufactories, workshops, or other places used for mechanical or manufacturing purposes. Any owner who compelled employment for longer hours was
deemed guilty of a misdemeanor, and upon conviction was to be fined
not more than $100 and not less than $10. This act was repealed by
the passage of the child labor law in 1909. (Session laws 1909,
ch. 39.)
1908
Manufacturing.

Session laws 1901-1908, ch. 53.

May 22, 1908

An act of 1908 required the posting of hour schedules for women in
manufacturing establishments, factories, or workshops. Violation
was a misdemeanor punishable by a fine of $10 to $100 for each
offense. Manufacturing establishments, factories, or workshops were
defined as any place where goods or products were manufactured,
repaired, cleaned, or sorted in whole or in part for sale or for wages.
1909
Manufacturing.

Session laws 1909, ch. 89, sec. 12.

Jun,e 7, 1909

An amendment to the 1908 act changed the penalty for failure to
post hour schedules to $10 to $50, or imprisonment for 10 to 30 days,
or both fine and imprisonment.
1915
Manufacturing, rner.c antile, etc.

Session laws 1915, ch. 148.

Mar. 13, 1915

Following the repeal in 1909 of the statute of 1890, women's hours
in Oklahoma were not r egulated again by law until 1915. The act
of that year fixed a maximum 9-hour day and covered women employed in any manufacturing, mechanical, or mercantile establishment, laundry, bakery, hotel or restaurant, office building, warehouse,
telephone establishment, office, printing establishment, or bookbindery, or any theater, show house, or place of amusement. In cases of
great disaster, calamity, or epidemic, telephone establishments might
employ their operators, with their consent, a greater number of hours,
but not less than double the regular compensation must be paid.
And in cases of emergency women in hotels or restaurants might be
employed a maximum of 10 hours a day if they consented to do so,
provided they were paid not less than double compensation for such
extra time. The law did not apply to towns or cities with a population of less than 5,000, nor to registered pharmacists, stenographers,
or nurses.
Violation of the law constituted a misdemeanor for which the
penalty was a fine of $50 to $200, or imprisonment for 5 to 30 davs,
or both fine and imprisonment.
~
115

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116

DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN

1919
Manufacturin&", mercantile, etc.

Session laws 1919, ch. 163.

A.pr. 5, 1919

As amended in 1919 the provision for a 9-hour day is repeated and
a weekly limit of 54 hours is added. The law -applies to the same
industries as does the act of 1915 and, in addition, to telegraph
establishments and to "any other establishment employing any female." Overtime provisions are the same. Stenographers are no
longer exempted, but in addition to registered pharmacists and
nurses, excluded in 1915, women engaged in agricultural or domestic
service now are exempt. The act applies, as did the earlier one, to
towns and cities having a population of 5,000 or more and also to
establishments employing 5 or more females located outside the incorporated limits of any city or within the limits of any city, town,
or village of less than 5,000 population.
PROHIBITORY OR REG ULATORY LAWS
1907
Mines.

Oonstitution 19m, art. 23, sec. 4.

Nov. 16, 1907

The constitution adopted by the State of Oklahoma when it was
admitted to the Union in 1907 contains a provision that women shall
not be employed under ground in the operation of mines.
1909
Mines, quarries.

Sessum laws 1909, ch. 89.

June 7, 1'909

In 1909 a law was enacted prohibiting the employment of women
under ground in any mine or quarry and carrying a penalty for
violation of a fine of $10 to $50, or imprisonment for 10 to 30 days,
or both fine' and imprisonment.
1929
Mines.

Session law& 1929, ch. 42, secs. 1, 22, 25.

Feb. 15, 1929

That part of the 1909 law as to mines was superseded in 1929 by a
provision in the mining law prohibiting the employment of women
and girls under ground or in the operation of any mines in the State
except in a clerical capacity "on top of the ground." "Mines" arc
defined as any mines in the State wherein lead, zinc, or other metals
are sought or produced. The penalty for violation of the law, a
misdemeanor, is not to exceed $500.
SEATING LAWS
1908
Mercantile, etc.

Session laws 1901-1908, ch. 53, secs. rt, 18.

M01J 22, 1908

In 1908 a law was passed requiring that chairs, stools, or other
contrivances be provided for the "comfortable use" of women employees in any mercantile establishment, store, shop, hotel, restaurant,
or other place where women were employed as clerks, and that their
use be permitted for the preservation of the health of the women and
their rest when not actually employed inthe discharge of their duties.
Violation was a misdemeanor, for which the penalty was a fine of $10
to $100 for each offense.
1910
Mercantile, etc.

Revised laws 1910, secs. 3740, 3742.

Feb.

£5,

1911

The penalty for violation of the seating law was changed in 1910
to a fine of $10 to $50, or imprisonment for 10 to 30 days, or both
fine and imprisonment.

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OKLAHOMA
1915
Manufacturing, mercantile, etc.

Session laws 1915, ch. 148, secs. !, ...

117
Mar. 18, 1915

An additional and more inclusive seating regulation was enacted
in 1915 as part of the law of that year relating to hours of work.
This act requires every employer in any manufacturing, mechanical,
or mercantile establishment, workshop, laundry, printing office, dressmaking or millinery establishment, hotel, restaurant, theater, telegraph or telephone establishment and office, or any other establishment employing women to provide suitable seats for all such employees and to permit t heir use when the women are not engaged in
the active performance of their duties.
Violation of this provision is a misdemeanor punishable by a fine
of from $50 to $200, or imprisonment for 5 to 30 days, or both fine
and imprisonment.

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OREGON
HOUR LAWS
1903
Manufacturing, etc.

Session laws 1903, p. 1.fS.

May 21, 1903

State regulation of the working hours of women in Oregon began
in 1903, when a law was passed providing that women in mechanical
establishments, factories, and laundries should not be employed more
than 10 hours a day. Any employer violating this provision was
guilty of a misdemeanor and subject to a fine of not less than $10 nor
more than $25 for each offense.
1907
Manufacturing, mercantile, etc.

Session laws 1901, ch. 200.

May 24, 1901

An amendment of 1907 extended the 10-hour day to women in mercantile establishments, hotels, and restaurants, in addition to those in
manufacturing, mechanical, and laundry establishments already covered in 1903, providing, however, that women in retail stores might
be employed 12-hours a day for 1 week immediately preceding· Christmas. The fine for violation was raised to $25 to $100 for each offense.
1909
Manufacturing, mercantile, etc.

Session laws 1909, ch. 188.

May 21, 1909

The law was amended again in 1909 to provide, in addition to a
10-hour day, a weekly limit of 60 hours not only for women in manufacturing, mechanical, and mercantile establishments, laundries, hotels, and restaurants, but, for the first time, for women in telegraph
or telephone establishments or offices or employed by express or
transportation companies.
1913
Industrial welfare
commission.

S ession laws 1913, ch. 62.

June t, 1913

In 1913 the Oregon Legislature created an industrial welfare commission, empowering it to investigate women's wages, hours, and conditions of labor and, in accordance with certain designated procedure,
to issue orders fixing standards of employment, such orders to have
the force of law but in no case to authorize longer daily or weekly
hours than those set by law. The commission is charged with the
enforcement of its orders, copies of which employers are required to
post in conspicuous places. Any person violating any provision of
the act is subject to a fine of $25 to $100, or imprisonment for 10
days to 3 months, or both.
1913
Manufacturing.

Industrial welfare commission O'Fder No. 2.

Nov. 10, 1913

The first order of the industrial welfare commission relating to
women's hours of work applied to women in manufacturing establishments in the city of Portland. It limited their hours to 9 a day, 54 a
week, and provided that no employer should permit a noon lunch
period of less than 45 minutes.
118

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119

OREGON
1913
Mercantile.

Industrial welfare commis sion order No. ~-

Nov. 23, 191~

The next order of the commission affected women in mercantile
establishments in Portland and set maximum hours of work at 81/2
a day and 50 a week.
1913
Offices.

Industrial welfare commission order No.

4, Feb. 2, 191,;

Order No. 4 fixed 51 hours as the maximum week to be worked by
experienced women employed in offices or at office work in the city
of Portland, but did not define the term " experienced women."
Under this ruling office workers included stenographers, bookkeepers,
typists, billing clerks, filing clerks, cashiers, checkers, invoicers, comptometer operators, auditors, and all kinds of clerical workers.
1913
All industries.

Industrial welfare commis sion order No . 5.

Feb. 7, 191.;

To regulate the industries in Portland not covered by existing orders and all industries in the State at large, the industrial welfare
commission in another order, effective early in 1914, fixed a maximum
week of 54 hours. This order was later rescinded by separate orders
for special industries.
1915
All industries.

Session laws 1915, ch. 85.

May 21, 1915

In 1915 the legislature amended the section of the 1913 act stipulating that hours authorized by the industrial welfare commission
should never exceed those already fixed by law. The amendment
provided that in cases of emergency arising in the conduct of any
industry overtime might be permitted under conditions and rules that
the commission, after investigation, should determine and prescribe
by order and that should apply equally to all employers in the
industry.
1916, 1918
Mercantile.

Industrial welfare commission orders N os.~~ 8, Sept. 1, 1916; orders
,
.NOS. 25, 26, Jiin e 12, 1918

New regulations fo r mercantile employment were issued by the
industrial welfare commission in 1916 in separate orders for Portland and the State at large. For Portland the hour provisions of
order No. 3, 1913 (8% hours a day, 50 hours a week), were retained,
with an added requirement for a 6-day week. For the State at large
the daily limit was 9 hours and the weekly limit 54 hours ( as in order
No. 5) and 6 days. Both orders limited the period of continuous
labor to 6 hours, to be followed by a rest period of at least 45 minutes.
The term "mercantile occupation " the commission interpreted as
including the work of t hose women employed in establishments operated for the purpose of trade in the purchase or sale of any goods or
merchandise, and including the sales force, the wrapping employees,
the auditing or check-inspection force, the shoppers in the mail-order
department, the receiving, marking, and stock-room employees, sheetmusic saleswomen, and pianists who were sheet-music demonstrators.
These orders rescinded Nos. 3 and 5 and their provisions were repeated in the superseding orders of 1918 (Nos. 25 and 26), except
that the 1918 orders did not include as a mercantile occ·u pation the
work of pianists who were sheet-music demonstrators.
1916, 1918
Manufacturing.

Indus t rial welfare commission orders Noa. 9, 10, Sept. 1, 1916; order
N o. 27, June 12, 1918

In Portland and in the State at large manufacturing occupations
also were the subject of separate orders in 1916. These orders speci-

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120

DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN

fled uniform regulations for a 9-hour day, a 54-hour 6-day week, and
not more than 6 hours of continuous labor without a rest period of
at least 45 minutes. The last 2 provisions were new, although order
No. 2 ( 1913) for Portland had required a noon lunch period of at
least 45 minutes ; and while the 54-hour week was the earlier maximum for manufactories in the whole State, the 9-hour day, r.lready
effective in Portland through order No. 2, was a new regulation in
1916 for manufacturing establishments outside of Portland. Woolen
mills throughout the State were exempted from the daily-hour limit,
and fruit and vegetable drying, canning, preserving, and packing
establishments were excluded from all provisions of both orders.
The term" manufacturing occupation" was defined as all processes
in the production of commodities, including the work performed in
dressmaking shops and wholesale millinery houses, in the workrooms
of retail millinery shops, and in the drapery and furniture-covering
workrooms, the garment-alterat ion, art-needlework, fur- garmentmaking, and millinery workrooms in mercantile stores, and the
candy-making department of retail candy stores, and in restaurants.
These orders, which replaced No. 2 (1913) and No. 5 (1914), were
rescinded in 1918 by No. 27, which repeated all the provis10ns as
given here.
1916, 1918
Personal service.

Industri al welfare commi ssion orders N os. 11, 12, Sep t . 1, 1916; order
N o. 28, J u n e 12, 1918

Two more orders of 1916 for Portland and the State at large
affected women employed in personal-service establishments. They
provided a 9-hour day and a 54-hour 6-day week, and prohibited
more than 6 hours of continuous labor between the hours of 7 a. m.
and 8.30 p. m. without a rest period of at least 45 minutes. With the
exception of the 54-hour maximum week, which had been in effect
since order No. 5, 1914, all these provisions ·were new in 1916. Personal service was defined as manicuring, hairdressing, barbering, and
other work of like nature, and the work of ushers in theaters.
These orders rescinded order No. 5 (1914) and were themselves
replaced in 1918 by No. 28. No change was made in the provisions in
1918, but to the occupations covered was added the work of pianists
who were sheet-music demonstrators, formerly classed as a mercantile
occupation.
1916, 1918
Laundries.

Ind-ustr ial we lfare commissi on orders N os. 13, 14, Sept. 1, 1916; order
N o. 29, June 12, 1918

The first orders dealing specifically with the hours of women in
laundries were issued by the commission in 1916, rescinding the general order No. 5, 1914. These orders, one applying to Portland and
one to the State at large, set maximum hours of 9 a day, of 54 a
week ( as in order No. 5), and of 6 days a week. They also provided
for not more than 6 hours of continuous labor without a r est period
of at least 45 minutes. Laundries were defined as places where
clothes are washed or cleaned by any process, by any person, firm,
institution, corporation, or association, and laundry work was interpreted as all the processes connected with the receiving, marking
washing, cleaning, ironing, and distribution of washable and clean~
able materials, including the work in laundry departments in hotels
and factories.
These provisions were repeated in order No. 29 of 1918.

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OREGON
1916, 1918
Telephone and telegraph.

121

In.dustrlaJ welfare commi8~on orderB NOB. 16, 16, Sept. 1, 1916; orderB Nos. SO 31 June 12, 1918

. Among other orders of the commission effective on the same date
and rescinding general order No. 5, of 1913, with its single requirement for a maximum week of 54 hours, were two relating to telephone and telegraph establishments. No. 15 applied to the city of
Portland only, and provided 9 hours a day, 54 hours a week, and,
for telephone establishments, 6 days a week. From this last provi8ion, exchanges employing fewer than 10 operators might be exempted by the industrial welfare commission upon application and
showing. For women employed in telegraph establishments for
7 consecutive days, 1 day of not more than 6 hours was required,
and in both telephone and telegraph establishments not more than
6 hours of contmuous work between 7 a. m. and 8.30 p. m. was
allowed without a rest period of at least 45 minutes.
For the State at large, order No. 16 provided maximum hours
of 9 a day and 54 a week and made the same requirement regarding
continuous work as was made for the city of Portland. Employment in telephone establishments for 14 consecutive days without
1 full day of rest and 1 day of not more than 6 hours' work was
not allowed. Exchanges employing fewer than 10 operators might
be exempted by the commission upon application and showing, and
rural exchanges of limited service, not demanding the uninterrupted
attention of an operator, might be granted a special license to
employ operators for daily hours different from those required by
this order, such hours to be satisfactory to employer and employee
and approved by the commission. In telegraph establishments this
order provided, as did No. 15, that no woman should be employed
for 7 consecutive days without allowing 1 day of not more than
6 hours.
These provisions were repeated in the 1918 orders, Nos. 30 and 31.
Industrial welfare commi8Bion orderB NoB. rt, 18, Sept. 1, 1916;
ordera Noa. 32, 83, June 12, 1918

\916, 1918
Offices.

Office workers were again covered by orders of the industrial welfare commission in 1916, but this time all such women were included,
regardless of experience. Orders Nos. 17 and 18 provided 51 hours
a week for offices in Portland and, as in order No. 5 ( 1914), 54 a
week outside of Portland, but for the entire State there were provided a 6-day week and a maximum of 6 hours' continuous work
between 7 a. m. and 8.30 p. m. without a rest period of at least 45
minutes. Office workers were defined as they were in order No. 4
(1914), with the addition of attendants .in physicians' and dentists'
offices.
These orders rescinded Nos. 4 and 5, of 1914, and their provisions
were repeated in orders Nos. 32 and 33.
1916, 1918

Publie housekeeping.

Industrial welfare commission orders NOB. 19, 20, Sept. 1, 1916; order
N o. 34, June 12, 1918

A day not to exceed 9 hours, a week not to exceed 54 hours ( as in
order No. 5, 1914), and not more than 6 hours of continuous work
between 7 a. m. and 8.30 p. m. without a rest period of at least 45
minutes, were decreed by the industrial welfare commission in 1916
for women employed in public-housekeeping establishments in the
State.
·
94872 °-32-9

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122

DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN

, In public-housekeeping occupations the commission included ~he
work of waitresses in restaurants, hotel dining rooms, and boardmg
houses, all attendants employed at ice-cream and light-lunch stands;
and steam-table or counter work in cafeterias and delicatessens where
freshly cooked foods are served; also the work of chambermaids in
hotels, lodging houses, and boarding houses, and the work of jani•
tresses, of car cleaners, and of kitchen workers in hotels and r estau•
rants. A retail candy department qonducted in connection with an
ice-cream, soft-drink, or light-lunch counter, or with a r estaurant,
also was included.
These orders rescinded No. 5 of 1914, and their provisions were
repeated in No. 34 of 1918.
1916, 1918, 1931
All industries.

Industrial welfare commission order No . 23, Sept. 11 1916; or der
·
N o. 36, Jun e 12, 1918 1

Among other orders of 1916 the commission issued special regulations providing that no woman in Oregon should be employed on 2
successive days without an interval of 9 hours' rest; also that no
woman should accept employment from more than 1 employer in
the same day for more tim~ than would make the combined hours
of work equal 9 in a day. This order provided further that in a
case of business emergency the commission, upon application and
showing, would issue a special license governing the emergency for
the employment of women beyond the legal hours, on condition that
they be paid at the rate of time and one-half for such overtime.
Any person granted an overtime license was required to furnish the
commission by the fifth day of the following month a verified written
statement of the daily time, regular rate, and overtime wage of each
woman who worked overtime the preceding month, together with
the name and address of each such employee.
These provisions are repeated in the rescinding order, No. 36.
1917
Manufacturing, mer. cantile, etc.

Sessi on law s 1917, ch. 163.

May f O, 1917

In 1917 the legislature repealed the acts of 1913 and 1915 in so far
as they conferred authority upon the industrial welfare commission
to regulate the hours of work of women engaged in harvesting, packing, curing, canning, or drying of any variety of perishable fruit,
vegetables, or fish; and it also amended the law of 1903 as amended
in 1907 and 1909 by excluding such workers from its provisions, at
the same time providing, however, that women employed in canneries, driers, or packing plants shall be paid one and one-half times
the regular rate for any work that they do in excess of 10 hours.
1919, 1931
Mercantile.

Industrial w elfare commissi on orders , N os. 87, 38.

Oct. 14, 1919 1

New orders in 1919, superseding those of 1916 and 1918, prescribe
identical hour regulations for mercantile establishments in Portland
.and in the State at large. The daily limit is set at 9 hours, an increase
of 40 minutes for establishments in Portland, but the weekly limit
is reduced to 48 hours for all mercantile establishments, a decrease
of 2 hours for Portland and of 6 hours for the rest of the State. The
e~rlier provisio~ for a 45-minute res~ period after 6 hours of contmuous labor still holds, and the defimt10n of mercantile occupations
1

Restated in 1931 by newly created State Welfare Commission.

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123

OREGON

remains the same except for the addition of the work of demonstrators.
1919, 1931
Manufacturing.

Industrial welfare comm£s8ion order No. 99.

Oct. 14, 1919

The latest manufacturing order was issued in 1919, reducing weekly hours from 54 to 48 but retaining the 9-hour day and the 6-day
week and all other provisions of 1916 and 1918 except that woolen
mills are no longer . permitted to employ women more than 9 hours
a day.
1919, 1931
Personal service.

Industrial welfa;re commission order No. 40.

October 14, 1919 1

In this year weekly hours of women in personal-service work were
reduced :from 54 to 48. All other provisions of order No. 28 of 1918
remain unaltered, except that the work of pianists who are sheetmusic demonstrators is no longer covered by the definition of personal-service occupations.
1919, 1931
Laundries.

In<lustrial welfa,re commission order No. 41.

Oct. 14, 19191

Hour regulations in laundries, in effect since 1916, were revised in
1919 by reducing the weekly hours from 54 to 48. No other charnres
..,
were effected by this order, which replaces No. 29.
1919, 1931
Telephone and telegraph.

Industrial welfare commission orders Noa. 42, 43.

Oct. 14, 19191

All earlier regulations of hours in telephone and telegraph establishments in Portland and in the State at large, with one important
exception, are repeated in two orders issued in 1919. Th exception
exists in the reduction of weeldy hours from 54 to 48. The daily
maximum is unaltered.
· 1919, 1931
Offices.

Industrial welfare commission order No. 44.

Oct. 14, 1919 1

Hours of work in offices throughout the State were fixed in 1919
at 48 a week, this being a r·e duction of 3 hours in Portland and of 6
hou~s elsewhere in the State. All .o ther provisions of 1916 and 1918
are repeated.
1919, 1931
Public housekeeping.

Industrial welfare comm,ission order No. 45.

Octooor 14, 1919 1

The 1919 public-housekeeping order substitutes 48 hours for the
weekly limit of 54, but retains the 9-hour daily limit. To the definition of public-housekeeping occupations is added the work of elevator operators between the hours of 7 a. m. and 11 p. m. No further
change was made by this order, which rescinded No. 3~ of 1918.
1920, 1931
Student nurses.

I ndustrial welfare commission order

o. 48.

Juvy 1, 19tt0 t

Since 192-0 the industrial welfare commission has limited the working hours of student nurses in hospitals, sanitariums, and the like to
56 hours a week.
1931
State welfare commission.

Session laws 1931, ch. 994.

June 6, 1981

The industrial welfare commission and the board of inspectors of
child labor were superseded in 1931 by a body composed of three
members to be known as the State welfare commission. The commissioner of labor is designated as the secretary and executive officer
of the commission.
Restated in 1931 by newly created State Welfare Commission.

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124

DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN

NIGHT-WORK LAWS

Although Oregon has no specific legislation regarding night work,
such regulations have been included in the orders of the industrial
welfare commission. The penalty for violation of these, as of other
orders, is that provided in the act of 1913 creating the commission.
1913, 1916, 1918,
,
1919, 1931
Mercantile.

Industrial welfare commission order No. S, Nov.~_,, 1913; order No. 7,
Sept. 1, 1916; order No. 25, June 12, 1918; order .No. 37, Oct. 14, 1919 1

Night work was first prohibited in Oregon in 1913 by the industrial
welfare commission in order No. 3, which provided that women
should not be employed in mercantile establishments in Portland
after 6 p. m. This provision was repeated in subsequent orders of
1916, 1918, and 1919, also applying to Portland mercantile establishments but excluding cigar stands in hotels and confectionery stores.
[NOTE.-For the definitions of mercantile occupations; which varied
slightly in the three years, see pp. 119, 122--123.]
1913
Mercantile, manufacturing, laundry.

Industrial welfare commtssion order No. 5.

F eb. 7, 1914

Early in 1914, through order No. 5, an 8.30 p. m. dismissal hour
went into effect for women in mercantile establishments outside of
Portland and in manufacturing and laundry establishments throughout the State. Telephone and telegraph companies, confectionery establishments, restaurants, and hotels, however, were exempt. This
order was superseded in later years by separate orders for each of
the industries covered here.
·
1916, 1918, 1919,
1931
Mercantile.

Industrial welfare commission order No. 8, Sept. 1, 1916; order No.
26, June 12, 1918; order No. 38, Oct. 14, 1919 1

The first of the several orders that replaced No. 5 applied to mercantile establishments outside of Portland. It repeated the 8.30 p. m.
dismissal requirement and, like the corresponding orders for Portland, did not apply to cigar stands in hotels and confectionery stores.
Later orders of 1918 and 1919 superseded that of 1916 but did not
change its provisions. [NoTE.-For variations in the definition of
mercantile occupations see orders Nos. 8, 26, and 38.]
1916, 1918, 1919,
1931
Manufacturinir.

Indust,·ial welfare commission ord,er·s Nos. 91 10, Sept. 1,1_ 1916; order
No. 27, June J2, 1918 ; ora;er No. 39, u ct. 14, 1919 1

Manufacturing establishments in Portland and the State at large
were covered in 1916 by orders Nos. 9 and 10, which replaced No. 5
and repeated its provision that women shall not work after 8.30 p. m.
in manufacturing occupations. Establishments drying, canning, preserving, and packing fruit and vegetables were excluded. These orders were superseded in 1918 by No. 27, and in 1919 by No. 39, but
no change was made in the night-work provision.
[NOTE.-The definition of manufacturing occupations will be found
in the discussion of the hour regulations of orders Nos. 9 and 10.]
1916, 1918, 1919,
1931
Laundries.

Industrial welfare conimi.ss,i on orders Nos. 13, 14, Sept. 1, 1916; ord,er
No. 29, June 12, 1918; order No. 41, Oct. 14, 1919 1

The provision of order No. 5 that women in Oregon laundries shall
not work after 8.30 p. m. was repeated in superseding orders of 1916,
1

~estated in 1931 by newly created State Welfare Commission.

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125

OREGON

1918, and 1919. [NOTE.-For the definition of laundries and laundry
work see the discussion of the hour regulations of orders Nos. 13 and
14.]
1919, 1931
EleTator operators.

Industrial welfare commission order No.

45.

Oct. 14, 1919 1

The public-housekeeping order of 1919 forbids the employment of
women as elevator operators between 11 p. m. and 7 a. m.
PROHIBITORY OR REGULATORY LAWS
1919, 1931
Messenger service.

Industrial welfare commission orders Nos. 40, 4!, 4s.

Oct. 14, 1919 1

Not until 1919 did the State of Oregon forbid the employment of
women in any occupation. In that year three orders were issued by
the industrial welfare commission decreein~ that women shall not
be employed as messengers in the telegraph, telephone, or publicmessenger service. These orders cover respectively personal-service
occupations and telephone and telegraph occupations in Portland and
in the State at large.
SEATING LAWS
1903
Manufacturing, mercantile, etc.

Session laws 1909, p. 148.

Feb. 19, 1909

The same law that first placed a limit on the number of hours
women might work in mechanical establishments, factories, and laundries provided also that in those industries and in hotels, restaurants,
and mercantile and other establishments employing women suitable
seats should be provided and their use permitted when the women
were not engaged in the active duties of their employment. Violation of this provision was a misdemeanor, the penalty being a fine of
$10 to $25 for each offense.
1907
Manufacturing, mer-

cantile, etc.

Session laws 1901, ch. !00.

May !4, 1901

An amendment of 1907 substituted " manufacturing establishment " for " factory " but otherwise altered only the penalty clause,
the fine being made $25 t o $100 for each offense.
1916, 1931
Any occupation.

Industrial welfare commission order No. l?l?.

Sept. 1, 1916 1

In 1916 an order of t he industrial welfare commission, setting up
a sanitary code applying to all occupations of women, required that
employers provide tables and benches constructed so as to give -the
greatest possible comfort and convenience, considering the requirements of the work, and also convenient and comfortable seats where
the nature of the work permits employees to sit while working.
Where there are fewer than four women employed, however1 the
commission may upon application and showing release the applicant
from compliance with the regulations.
1922, 1931
Fruit and vegetable
packing, etc.

lndu,str-ial welfare commissi,on order No. 41, amended.

Ma11 S1, 19!! 1

The seating provision of order No. 22 is repeated in this order
affecting women employed in the packing, drying, preserving, or canning of any variety of perishable fruit or vegetable, with the added
requirement that an individual seat shall be furnished to any
employee who asks for it.
1

Restated in 1931 by newly created State Welfare Commission . .

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PENNSYLVANIA
HOUR LAWS
1848
Textile manufacturing.
etc.

Session laws 1848, Act 227.

Mar. 28, 1848

The earliest hour law in Pennsylvania, and the second in any
State, was enacted in 1848. It applied to men and women workers
alike and provided that 10 hours a day should be considered a legal
day's work in cotton, woolen, silk, paper, bagging, and fl.ax :factories
and that no person should be holden or required to work more than
10 hours on any secular day or 60 hours in any secular week.
1889
Manufacturina-. mercan tile.

Session laws 1889, Act 235, secs. S, 4, 11, 18.

May 20, 1889

An act of 1889 included provisions for posting women's hour
schedules in factories, manufacturing, and mercantile establishments
employing 10 or more women and children. Violation was a misdemeanor, punishable by a fine of not more than $500.
1893
Manufacturing, mercantile. etc.

Session law s 1893, Act 244, secs. S, 4, 17, 18.

June 3, 1893

As amended in 1893 the posting requirement of 1889 applied also
to renovating works and laundries. Places employing fewer than 5
persons were not considered factories, manufacturing or mercantile.
establishments. The penalty for violation was not changed.
1897
Manufacturing. mercantile. etc.

Session law s 189"1, Act 26.

Apr. 29, 1897

No law· regulating women's hours, exclusive of men's, was passed
until 1897, when more than 12 hours a day or 60 hours a week were
prohibited for adult women in manufacturing and mercantile establishments, laundries, workshops, renovating works, or printing offices.
Posting of daily hours was required and any person violating the law
was guilty of a misdemeanor and subject to a fine of not more than
$500.
.
Although certain sections of this law were repealed specifically by
the act of 1913, t.h e act itself was not declared obsolete until 1929.
(Session laws 1929, Act 90.)
1901
Bakery, etc.

-Session laws 1901, Act S"I, secs. 1, 11.

Apr. 4, 1901

The provisions of 1897 were reenacted in 1901 (Act 206), and another law of that year provided the same hours of 12 a day and 60 a
week for women employed in any biscuit, bread, pie_, or cake bakery,
pretzel or macaroni establishment. Violation of this act also was a
misdemeanor, but with pe:r:i-alties of $20 to $50 for the first offense,
$50 to $100 or jmprisonment for not more than 10 days for the second
offense, and not less than $250 and imprisonment for not more than
30 days :for the third offense.
126

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PENNSYLVA:NtA
1905

Any establishment.

Session laws 1905, Act 226, secs. S, 10, 23.

127
May 2, 1905

A new act of 1905 ~xtended the hour regulations to cover any establishment, which meant, according to the act, any place other than
where domestic, coal-mining, or farm labor was employed. Hours
were unchanged and again posting was required. Violation was a
misdemeanor as before, punishable now, however, by a fine of $25 to
$500, or imprisonment for 10 to 60 days, for every violation.
1913
Any establishment.

Session laws 1913, .Act 466, secs. 1, S, 6, 7, JS, 18.

Nov. 1, 1913

In 1913 hours were reduced to 10 a day and 54 .a week, and a new
requirement of a 6-day week was made. Daily overtime is allowed
in certain circumstances, but in n: case may the hours exceed 54
weekly. During weeks in which a legal holiday occurs and is observed, overtime may be worked on 3 days, but for not more than
2 hours on any 1 day. Overtime is allowed also to the extent of 2
hours a day to make up time lost in the same week due to alterations,
repairs, or accidents to machinery or plant upon which a woman is
employed or dependent for employment. But no stoppage of less
than 30 consecutive minutes justifies such overtime, nor is it legal
unless reported in writing to the commissioner of labor and industry.
If any woman works in more than 1 establishment in any week or
day, her aggregate hours must not exceed the weekly or daily limits
of the law.
The law, which applies to women in ·" any establishment," defined
as any place where work is done for compensation of any sort, except
work in private homes and farming, also expressly exempts from
the foregoing provisions nurses in hospitals and women engaged in
the cannmg of fruit and vegetable products.
The following provisions apply m "any establishment": 45 minutes must be allowed every woman worker for a midday meal or a .
rest period, unless the day's work is of less than 8 hours' duration,
when this interval may be reduced to not less than 30 minutes. Work
for more than 6 hours continuously is not permitted.
Violation of any provision of the law is a misdemeanor and penalties may be imposed separately for violation of each provision.
Noncompliance with provisions regarding hours and rest intervals is
punishable for a first offense by a fine of $10 to $50, for a second
or subsequent offense by a fine of $25 to $200 or imprisonment for not
more than 60 days, or both. The offender is subject to like penalties
for each day's violation after notification.
For violation of the posting requirement the penalty provision is
different only in that the minimum fines are $25 and $50. For each
day's violation after .a reasonable time has elapsed for compliance
with the law, like penalties may be imposed.
.
1913
Industrial board.

Session laws 1913, Act 267, secs. 1~16.

June 2, 1913

Another act of 1913 created an industrial board within the State
department of labor and industry, with power to make rules and
regulations on all matters and subjects to which the power and
authority of the department extends. Any violatipn of the act or
rule of the board is a misdemea~or, for which the penalty is a fine
of not more than $100 or imprisonment for not more than 1 month,
or both.

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128

DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN

1915
Any establishment.

Session laws 1915, Act St:/.

June 1, 1915

An amendment in 1915 to the hour law of 1913 provides that, at
the discretion of the industrial board of the department of labor and
industries, the 1 day's holiday each week may be divided into 2 days
of 12 hours each for women employees in hotels, boarding houses, and
charitable, educational, and religious institutions.
1916
Hotels.

Industrial board rule W-1.

Apr. 15, 1918

In 1916 the industrial board ruled in regard to the day of rest in
hotels and institutions that-( a) Short-term hotels employing
women might subdivide the day of rest, giving 2 half days each
calendar week; (b) Hotels and ii\stitutions employing not more than
10 women might treat the day of rest in any of the following ways:
(1) Give 1 complete day of 24 hours in each calendar week;
(2) Give 24 hours' consecutive rest, beginning at any hour in the
1 day to continue until a corresponding hour on the following day;
(3) Give complete day off on Sunday 1 week and complete day
off on week day the next week ( variation under plan ·of day in each
week);
(4) Give alternate Sunday off, with one-half day week, totaling
two full days in each fortnight;
(5) When it worked no injustice to the employees, give 2 half
holidays a week, defining half day as 5 hours' consecutive service;
( c) Hotels employing more than 10 women might treat the day of
rest as provided under either Nos. 1 or 2 for hotels employing 10 or
fewer women.
1917
Industrial board.

Session laws 1917, ch. !54.

July 5, 1'917

The hour law was amended again in 1917 by giving power to the
industrial board to modify any provisions of the law whenever in
the opinion of the board such modification is warranted and justified
and will not result in or tend to the injury of the health and welfare
of the pµblic or of the women affected. This is not to be construed,
however, as authorizing the board or the commissioner of labor and
industry to increase the maximum hours of work per week.
1917
Hotels.

Intfustrial board rule W-S.

Aug. SO, 1917

The industrial board ruled in 1917 that short-term hotels, operating approximately 4 months in the year, might employ women 7 days
a week if for only 7 hours a day. Otherwise the provisions of the
hour law must be observed . .
1917
Any establishment.

Industrial board rule W-5.

Dec. 13, 1917

Another ruling of 1917 provided that in the application of the
hour law the permission for overtime during weeks in which legal
holidays occur might be interpreted as applying to a week composed
of 7 consecutive days, but not exceeding 54 hours.
This rule was reissued, unnumbered, in 1925, as an interpretation
of the hour law.
_
•
1921, 1925
Telephone.

" Industrial board rule W - 2i , July 14, 1921; rule W - 10, June 18, 19!5

·. A ruling of the industrial board, first adopted in 1921, exempts
from the application of the hour law women working in telephone

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PENNSYLVANIA

129

exchanges in private homes where they are members of the family,
employed with no definite hours of work, and where the peg count
shows an average of at least 6 hours of rest during the night. This
ruling was reaffirmed in 1925 and still is effective.
1921

Hotels.

Ind'l!,striaZ board rule W-1 (b), amended.

Feb. !4, 19!1

. An amendment to section (b) of rule W -1 of 1916 provided that
in larger hotels and institutions the same permission should be
granted to single departments in which not more than 10 women
were employed and where the work was specialized and not interchangeable with that of other departments. Laundry workers were
excepted, however.
19%3

Department of labor
and industry.

Session laws 1923, ch. t:14, secs-. 1705, 1714.

June 15, 1923 .

This act transferred to the department of labor and industry the
power to make rules and regulations for carrying into effect the
labor laws of the State. The industrial board must approve all
rules and regulations promulgated by the department of labor and
industry.
1926

Hotels.

Department of labor and industry interpretation.

Jan. 14, 19!7

The provisions of rules W-1, 1916, and W-3, 1917, were revised
in 1926 and issued as interpretations of the hour law, no longer as
numbered rules. The amendment of 1921 and section (a) of 1916
were dropped, section ( c) and Nos. 1 to 4 of section ( b) were
repeated, and for (b) 5 of 1916 and rule W-3 of 1917 the following
was substituted:
5. The day of rest may be divided on the basis of 2 days of not
more than 5 hours each, provided that( a) Under such circumstances the day shall be computed from
midnight to midnight.
(b) On each of the other 5 days of the week not more than 8
hours' work is permitted.
( c) Nine and one-half of the 12 hours of rest on each of the
2 days of rest must be consecutive.
1929

Department of labor
and industry.

Searion la-wa 19!9, Act .J50.

Sept. 1, 1929 .

This act, amending that of 1913 (Act 267), provides that any violation of rules and regulations of the department of labor and
industry shall be punished by a fine of not more than $100 and costs,
and, upon nonpayment, imprisonment for not mere than one month.
1929

Any establishment.

Session laws 19!9, Act 256, aec. 18.

Sept. 1, 1929

Amendments in 1929 to the hour law of 1913 require any person
violating any provision of the law to pay the costs of prosecution
in addition to the fine imposed. Upon nonpayment of fine and costs
for a first violation of t he hour provisions, the offender is liable to
imprisonment for not more than 10 days; upon nonpayment of fine
and costs for a first violation of the posting provision, to imprisonment for not more than 20 days.

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130

DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN

NIGHT-WORK LAWS
1913
Manufacturing.

Session laws 1913, Aot 466, seos.

5, 18.

Nov. 1, 1913

Night work was first prohibited in Pennsylvania in 1913. With
the exception of managers, superintendents, or persons doing clerical
or stenographic work, women employed in manufacturing establishments are forbidden to work between 10 p. m. and 6 a. m. The la~
also prohibits girls under 21 years of age from working in any
establishment (private homes- and farming excluded) between 9 p . m.
and 6 a. m. Telephone operators over 18 are exempt. The same
penalties applied for violation. of these provisions as for violation
of the hour regulations.
Since 1918 the industrial board and the department of labor and
industry have interpreted the law as covering women in bakeshops
(rule W-10, 1918); as exempting as clerical workers (a) women
recorders, slip makers; and weighers, provided they are not assigned
to nonclerical duties ~1918), and (b) women proof readers jn newspaper establishments (1926); and as covering women in laundries
(1927) .1
1929
Manufacturing.

Session laws 1929, Aot 256, seo. 18,

Sept. 1, 1929

In 1929 the penalties were made the same as those. of the 1929
hour law.
PROHIBITORY OR REGULATORY LAWS
1885
Coal mines.

Session laws 1885, Acts ~65, 169, no. June 30, 1885
Three mining laws were enacted by the Pennsylvania Legislature
in 1885:
Act No. 165, applying to coal mines in general, prohibited the
employment of women in or about any coal mine or any manufactories of coal, except in an office or in performance of clerical work.
The penalty for violation was a fine of $100 to $500 or imprisonment
for not more than 6 months, or both.
Act No. 169 applied specifically to bituminous mines, and said that
women should not be employed or permitted to be in any bituminous
mine or in or about the outside structure of any bituminous mine
or colliery for the purpose of employment, except in an office or in
clerical work. The act applied to mines employing 10 or more men,
and provided for its violation, which was a misdemeanor, a fine of
$200 to $500 or, in default of payment of fine in 10 days, not more
than 6 months' imprisonment.
Act No. 170 applied to anthracite mines, and except for the penalty
its provisions were identical with those of Act No. 169 for bituminous
mines. In this case violation was a misdemeanor subject to a fine of
not more than $50, or imprisonment for not more than 3 months, or
both. This act applied to mines employing at least 10 persons.

1891
Anthracite mines.

Session laws 1891, Aot 177, arts. 1, 9, 17.

June 2, 1891

The maximum fine for violation of the anthracite act was increased
in 1891 to $500. No other change affecting women was made.
1 The 1927 interpretation was withdrawn following the decision rendered Feb. 2, 1928,
by the attorney general of the Commonwealth, to the effect that laundries are not manufacturing establishments and therefore are not atrected by the night-work law.

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PENNSYLVANIA
1893
Bituminous mines.

Session laws 1893, Act 48, art. 17, s-ec. 1, and art. 21.

131
May 15, 1893

The penalty for violation of the bituminous act of 1885 was
changed in 1893 to a fine of not more than $500, or imprisonment for
not more than 6 months, or both. The law now provided that women
should not be employed or permitted in the workings of any bituminous mine for the purpose of employment or for any qther purpose.
1903
Coal mines.

Session l0/1,0B 1903, Act 266.

May 1S, 1903

In 1903 a new law was passed, covering both bituminous and
anthracite mines and repeating the provisions of the ear lier laws as
they affect women.
1911
Bituminous mines.

Session law s 1911, p . 807, art. 18, sec. 1; p. 830, art. 26; p. 882, art. 28.
J une 9, 1911

Regulations for bituminous mines were again amended in 1911,
prohibiting women from working in or about any mine and decreasing the penalty for violation to a fine of not more than $200, or
imprisonment for not more than 3 months, or both.
1915, 1929
Core making.

Industrial board regulations for foundri es, sec. 9, Nov. 1, 1915;
department of labor and industry regulations for foundrws, ,·ule
8, Aug. 16, 1929

Regulations concerning women workers in core rooms were adopted
by the industrial board m 1915 and are still effective. They provide
(a) that where rooms in which core ovens are located adjoin rooms
where cores are made by women, and where the making and baking
of cores are simultaneous operations, the partitions between the rooms
must be of concrete, hollow tile, brick, metal, or other material approved by the board, and there must be only such openings as are
required by the nature of the business; (b) that all such openings
must be vestibuled with a revolving device, self-locking, double doors,
or any other self-closing device •equally effective and approved by
the board, such device to be kept in condition to effectually trap
gases, fumes, and smoke ; ( c) that women must not be allowed to
handle cores having a temperature of more than 110° F. nor (d) to
make or handle cores when the combined weight of the core, core
box, and plate exceeds 15 pounds.
These regulations were reissued in 1929.
1

1917
Lead corroding.

Industrial board r egulations for lead con·oding and oxidizing, sec. 2.
Aug. 1, 1917

Standards established by the board in 1917 for lead corroding and
lead oxidizing included a prohibition against the handling by women
of any dry substance or dry compound containing lead in any form
in excess of 2 per cent.
1917, 1925
Explosives.

Industrial board rule W-4 (b), (o), Oct. 27, 1917; department of
labor and industry rule W-2 (S), (4), Mar. 24, 1925

In the same year the industrial board ruled that women should
not be permitted to handle nitrators in the manufacture of nitroglycerine, nor should they be required or allowed to lift heavy
w~ights in explosive plants.
This ruling was reaffirmed March 24, 1925, and reissued as rule
W-2 (3), (4).
1918
Acetylene welding.

Industr,w,l board rule W-14.

This rule says that women shall not do acetylene welding.

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Oct. 11, 1918

132

DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN

1918, 1925
Tracks, trucking.

Industrial board rule W-15, Nov. 8, 1918; department of labor and
industry rule W-8, Mar. 24, 19!5

Women also were prohibited in 1918 from working on tracks and
at trucking for railroads.
This rule was reissued March 24, 1925, as rule W-8.
1918, 1925 ·
Lead corroding.

Industrial board rule W - 11, Nov. 8, 1918; departm ent Jf labor and
industry r ule W-9, Mar. 24, 1925

Also in 1918 the industrial board ruled (a) that women may be
employed in the setting up of blue beds in the corroding stacks of
the Old Dutch process, provided that only such buckles or lead plates
are used as have not been previously corroded; ( b) that they shall
not be employed in the taking down of beds after the process of
corroding has been completed.
This appears, reaffirmed March 24, 1925, as rule W-9.
1918, 1925
Testing and reading
meters.

Industrial board rule W-7, July 19, 1918; department of labor and
industry rule W-3, Mar. 24, 1925

Another ruling of the industrial board in 1918 prohibited the
employment of women at testing or reading electric or gas meters.
This rule was reissued March 24, 1925, as rule W -3.
1918, 1925
Messengers, train crews.

Industrial board rule W-8, Aug. 9, 1918; department of labor and
,
industry rule W-4, Mar. 24, 1925

Another ruling of 1918 forbids the employment of women .as messengers for railroad corporations in calling train crews.
This was reaffirmed Match 24, 1925, and renumbered rule W-4.
1918, 1925
Cranes.

Industrial board rule W-9, Sept. 19, 1918; department of labor and
industry rule W-5, Mar. 24, 1925

Except by permission of the board and after inspection by a qualified representative of the department of labor and industry, women
are not allowed to operate cranes.
·
This rule was reaffirmed March 24, 1925. It now appears as rule
W-5.
1925
Welding or burning.

Department of labor and industry rule W-7.

Apr. 29, 1925

Electric welding or burning was added in 1925 to the 1918 rule
prohibiting the employment of women at acetylene welding.
1926
Nitro and amido compounds.

Department of labor and industry regulations for manufacture of
nitro and amido compounds, sec. 8 (i). Sept. 5, 1'9£6

In 1926 the department of labor and industry forbade the employ- •
ment of women in the manufacture of nitro and ·amido compounds,
except in the office, works hospital, welfare room or building, or in
the laboratories.
·
1929
Weldinir or burning.

De'f!artment of labor and industry rule W-7.

Dec. 20, 1929

Rule W-7 was revised in 1929 to prohibit the employment of
women in the occupations of electric, acetylene, oxyhydrogen, or other
forms of welding and cutting except in the operations of bench
welding, machine welding, welding in the manufacture of radio
tubes, and ~uch other operations as the industrial board may
prescribe.
·
It is further required that women working at these occupations
shall wear such protective clothing as may be prescribed and that
they shall not be required or permitted to handle cylinders contain:.
ing gases used in connection with welding and cutting operations, or
to lift any material weighing more than 15 pounds.

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PENNSYLVANIA

133

SEATING LAWS
1887
Manufacturing, mercantile.

Session laws 1881, Act 7.

Mar. £1!, 1887

The earliest seating law in Pennsylvania, passed in 1887, required
employers of women in manufacturing, mechanical, or mercantile
establishments to provide suitable seats and to permit their use when
the women were not necessarily engaged in the active duties for
which they were employed. For violation the penalty for each
offense was a fine of $25 to $50 and costs, or imprisonment in default
of payment of fine.
1897
Manufacturing, mercantile, etc.

Session laws 1891, Act 126, secs. 4, 1.t.

Apr. 29, 1897

Revision in 1897 extended the requirements of the earlier law to
laundries, workshops, renovating works, or printing offices, in addition to manufacturing, mechanical, and mercantile establishments.
Violation was a misdemeanor, the penalty being increased to a
fine of not more than $500.
1905
Any establishment.

Session laws 1905, A ct 226, secs. 7, BS.

May £, 1905

A new act in 1905 applied the provisions of 1887 to women employed in any establishment. Violation, which is a misdemeanor, is
subject to a fine of $25 to $500, or imprisonment for 10 to 60 days,
for each offense.
1913
Any establishment.

Session laws 1913, Act 466, secs. 8, 18.

Nov . 1, 1913

The law of 1913, still effective, requires at least 1 seat for every 3
women and that all the seats, during work hours, shall be conveniently accessible to the workers.
The penalty now provided for noncompliance, which is a misdemeanor, is for the first offense a fine of $25 to $50 and for the second
or subsequent offense a fine of $50 to $200, or imprisonment for not
more than 60 days, or both fine and imprisonment.
1915
Canneries.

Industrial boatrd safety standards No. 11, canneries.

Apr. 15, 1915

Safety standards for canneries issued by the industrial board in
1915 restate the provision of the 1913 law requiring that at least 1
seat shall be provided for every 3 females employed or permitted to
work in canneries and that all such seats shall, during working hours,
be conveniently accessible to the workers. This rule was omitted
from the revised regulations for canneries, though the requirement
for seats still holds.
1918, 1925
Elevators.

Industrial board rule W-11, Oct. 11, 1918; departm ent of labor and
industry rule W-6, Mar. 24, 191!5

In 1918 the industrial board ruled that seats must be provided for
women operators in elevators wherever possible.
This was reaffirmed March 24, 1925, with "wherever possible"
omitted. It now appears as rule W-6 of the department of labor
and industry.
1929
Any establishment.

, ,
Session laws 1929, Act 256.

Sep?. 1, 191!9

The act of 1913 was amended in 1929 to require, in cases of violation, payment of the costs of prosecution in addition to the fine, and
to require, upon nonpayment of fine and costs for a first violation,
imprisonment for not more 'than 20 days.

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RHODE ISLAND
HOUR LAWS
1885
Manufacturing.

Session laws 1885, ch. 511', secs-. 1, 2.

Jan. 1, 1886

Rhode Island's first hour law for women was enacted in 1885. It
applied to factories, and provided a 10-hour day, allowing longer
hours to be worked when necessary to make repairs to prevent interruption of the ordinary running of the machinery, when a different
apportionment of hours was made for the sole purpose of making a
shorter day's work on 1 day in the week, or to make up time lost
on a previous day of the same week because of the stopping of
machinery upon which a worker was employed or dependent for employment. In no case, however, were the hours to exceed 60 a week.
The posting 9f hour schedules was required, and every person
willfully violating the law was punishable by a fine of not more than
$20 for each offense.
1902
Manufacturing.

Session laws 1902, ch. 994, secs. 1, 22.

A.pr. 4, 1902

In 1902 the law was amended to include mechanical as well as
manu}acturing establishments ana to reduce the weekly maximum
from 60 to 58 hours. Other provisions of the earlier law were
repeated.
1909
Manufacturing.

Session laws 1909, ch. 884.

Jan. S, 1910

Further ·amendment in 1909 reduced the weekly limit to 56 hours.
1913
Manufacturing, mercantile, etc.

Session laws 1913, ch. 91'2, secs. 1, flfl, flS.

July 1, 1913

An act of 1913 still further amended the law regulating the hours
of working women by extending the coverage to include business
or mercantile establishments, by lowering the weekly maximum to
54 hours, and by providing that in no case shall daily hours exceed
10. The posting and ~penalty provisions of the earlier laws were
repeated.
.
, An amendment in 1915 (session laws, 1915, ch. 1218), and again in
1928 (session laws, 1928, ch. 1231), clarified the law but did not
change its content.
1929
Manufacturing, mer.c antile, etc.

Session laws 1929, ch.. 1316.

Mar. 29, 1929

In 1929 ·an amendment was· added ··e xempting from the law women
working by shifts during different periods or parts of the day in
the employ of a public utility. A public utility is defined (general
laws, 1923, ch. 253, sec. 2) as any railroad, street railway, or common
carrier, or any plant or equipment for the conveyance of telegraph
or telephone messages, or for the production, transmission, delivery,
or furnishing of gas, electricity, water, light, heat, or power, either
directly or indirectly, to or for the public. Public water works and
water service owned and furnished by any city or town, however, are
not included in this definition of a public utility. .
134

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RHODE ISLAND

135

SEATING LAWS
1894
Manufacturing, mercantile.

Session law s 1894, ch. 1!"18, secs. 8, 12.

June 1, 1894

An act of 1894, still effective, requires every manufacturing , mercantile, or mechanical establishment to provide for women employees
seats conveniently located and to permit the use of the seats when the
duties of the women do not require standing.
Anyone knowingly violating this act is guilty of a misdemeanor
and is punishnble by a fine of not more than $500.

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SOUTH CAROLINA
HOUR LAWS
1911
Mercantile.

Sessi on laws 1911, Act BS, p . 11,2.

F eb. 18, 1911

South Carolina enacted a law in 1907 ( session laws 1907, Act. 233)
fixing hours of men and women employees in cotton and woolen factories at 10 a day and 60 a week,1 but it was not until 1911 that an
hour law affecting women exclusively was passed. The act of that
year, still effective, applies only to mercantile establishments and
fixes maximum hours of 12 a day and 60 a week.
Violation is a misdemeanor, subject to a fine of $10 to $40 or
imprisonment for 10 to 30 days.
NIGHT-WORK LAWS
1911
Mercantile.

Session law s 1911, Act 83, p. 142.

F eb. 18, 1911

The law of 1911 establishing maximum hours for women in mercantile establishments provided also that they should not be required
to work after 10 o'clock at night.
Violation of this provision also is; a misdemeanor punishable by a
fine of $10 to $40 or imprisonment for 10 to 30 days.
1914
Mercantile.

S essi on law s 1914, Act 262, p . 480.

Mar . 11, 1914

An amendment of 1914 strikes out the word "required" and
substitutes the word " allowed."
SEATING LAWS
1899
Mercantile.

S ession laws 1899, Act 71, p. 1.00.

Ma:r. 26, 1899

A law passed in 1899, and still effective, requires that in mercantile
establishments, or any place where goods or wares or merchandise
are offered for sale, chairs, stools, or other suitable seats shall be provided, one for every three women employed, and their use shall be
permitted in front of o·r behind the counters or other fixtures where
the women are principally employed, to such extent as may be
requisite for the preservation of the women's health.
Noncompliance with this act constitutes a misdemeanor punishable
by a fine of $20 to $100 for each offense.
1

Weekly hours were reduced to 55 in 1922.

136

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SOUTH DAKOTA
HOUR LAWS
1863
Manufacturinir,

•

Session laws (Dakota) 186~3, ch.

49,

Jan. 6, 1868

As in the case of North Dakota, the laws of the Territory of Dakota
were adopted by the State of South Da4ota when the territory was
divided and organized as two separate States in 1889. The act declaring the laws of Dakota Territory in force in South Dakota was
approved February 6, 1890. (Session laws 1890, ch. 105.) The law
relating to women's hours of work, enacted in 1863, therefore became
effective in South Dakota. This law provided that any employer or
his agent in any manufactory, workshop, or other place used for
mechanical or manufacturing purposes who compelled a woman to
labor more than 10 hours in any day was guilty of a misdemeanor
and subject to a fine of $10 to $100.
1913
All industries.

Sessi on laws 1913, ch. B40, sec. 1.

Mar. S, 1913

Amended for the first time in 1913, the scope of the law was extended to cover all women at work except those employed as farm
laborers, domestic servants, and in the care of livestock. This law
provides that unless a shorter time be agreed upon the standard
day's work for women shall not exceed 10 hours, .and that any employer or other person having control who compels a woman to labor
beyond 10 hours a day is guilty of a misdemeanor and punishable by
a fine not exceeding $100 or by imprisonment for not more than 30
days, or by both such fine· and imprisonment.
1923
All industries.

Session laws 19!3, ch. SOB, sec. 1.

Mar. 12, 19BS

In 1923 a weekly maximum of 54 hours was added. Exemption is
allowed for 5 days prior to Christmas, when employment may exceed 10 but not 12 hours a day, and complete exemption from the law
for telephone and telegraph operators is added to that of 1913 for
farm laborers, domestic servants, and women engaged in the care of
livestock. In cities having a population of 3,000 or less the standard
day may by agreement be made not to exceed 10 hours.
The penalty provision of 1913 still holds.
SEATING LAWS
1913
Mer~antile, manufacturinir, etc.

Session laws 1913, ch. 240, secs. 8, 9.

Mar.

s, 1913

The law of 1913 regulating hours of work contains also a section
requiring employers of women in any mercantile, manufacturing,
hotel, or restaurant business to provide suitable seats for women employees in the rooms where they work and to permit such use of these
seats as may be necessary for the preservation of health.
Violation of this provision constitutes a misdemea-nor, for which
the penalty is a fine of $10 to $100, or imprisonment for not more
than 30 days, or both such fine and imprisonment.
94872°-82-10

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137

TENNESSEE
HOUR LAWS
1907
Manufacturing.

Session laws 190'1, ch. 308.

Jan. 1, 1908

In 1907 the legislature of Tennessee passed a law providing that,
beginning January 1, 1908, women in manufacturing establishments
should not work more than 62 hours a week; that on January 1, 1909,
the maximum should be reduced to 61 hours; and that on January 1,
1910, there should be a further reduction to 60 hours.
Any violation was a misdemeanor and punishable by a fine of $25
to $100 for each offense. .
.
1913
Manufacturing.

Sessfon law s 1913, ch. 1~.

Jan. 1, 1914

A law enacted in 1913 provided maximum hours for women in factories and workshops of 58 a week and 10½ a day, the latter, however,
being permitted only for the purpose of making one short dai in the
week. Records of time worked were required, as was the posting of
hour schedules.
For violation the same penalty was provided as in 1907.
1915
Manufacturing, mercantile, etc.

Session laws 1915, chs. 144 and 176.

May

rr,

1915

Amendatory acts of 1915 reduced the weekly limit to 57 hours and
defined "workshops and factories" as including manufacturing,
mills, mechanical, electrical, mercantile, art, and laundering estab:..
lishments, printing, telegraph and telephone offices, department
stores, or any kind of an establishment wherein labor is employed or
machinery is used, excluding only domestic service, agricultural pursuits, and fruit and vegetable canning factories. Other provisions
of 1913 are unchanged.
•
SEATING LAWS
Store!~~fc.

S ession law s 1905, ch. 171.

Mar. S1, 1905

By an act of 1905, proprietors of retail, jobbing, or wholesale
dry-goods stores, or dealers in notions, millinery, or other business
employing women in the capacity of clerks or salesladies were required to provide a chair or stool for each woman and permit its use
when the employee was not actively engaged in the duties of her
employment.
·
Violation of the act was a misdemeanor, punishable for the 'first
offense by a fine of $10 to $100. For continued noncompliance the
offender was required to pay a fine of $1 daily for every chair he
failed to furnish, and any effort to prevent the women using the
seats was subject to· a fine of $10 to $100 for every violation.
1913
Manufacturing, mercantile.

Session laws 1913, ch. 45.

A.pr. 10, 1913

A 1913 amendment specifies that a suitable seat shall be provided
for each woman employee in any factory, mercantile establishment,
mill, or workshop, that when practicable thei?e seats shall be made
permanent fixtures, and that their use shall be permitted whenever it
will not interfere with the proper discharge of. duties.
Any person violating the act is guilty of a misdemeanor and
subject to a fine of $10 to $100 for each violatiqn.
138

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TEXAS
HOUR LAWS
1913
Manufacturing, mercantile, etc.

Session laws 1913, ch. 175.

Oct . 1, 191,

'Working hours of women in Texas were first regulated by law in
1913. The act of that year covered any manufacturing or mercantile
institution engaged in the manufacture of clothing, shirts, overalls,
jumpers, or ladies' garments, or any mercantile establishment or
workshop or printing office, dressmaking or millinery establishment,
hotel, restaurant, or theater, or telegraph or telephone office or
establishment.
Maximum hours were fixed at 54 a week and 10 a day, provided
that in time of great disaster, calamity, or epidemic telephone opera tors could be required to work longer hours in any 1 day with their
consent and at double their ordinary compensation for overtime.
The act exempted stenographers and registered pharmacists and did
not apply to cities having a population of 5,000 or less. For women
in laundries maximum hours of 11 a day and 54 a week were set
and for employment in excess of 10 hours a day one and one-half
times the regular rate of pay was required.
. Violation of any of these provisions was a misdemeanor punishable by a fine of $50 to $200, or imprisonment for 5 to 30 days, or
both.
1915
Manufacturing, mercantile, etc.

Session laws 1915, ch. 56.

July 19, 1915

.A new hour law enacted in 1915, superseding the act of 1913, continues the 54-hour week but reduces daily hours to 9. It applies to
women employed in any factory, mine, mill, workshop, mechanical
or mercantile establishment, laundry, hotel, restaurant, rooming
house, theater or moving-picture show, barber shop, telegraph, telephone, or other office, express or transportation company, or any
State institution, or any other establishment, institution, or enterprise where women are employed. Exception is made of mercantile
establishments and telegraph and telephone companies in rural districts and in cities or towns of less than 3,000 inhabitants. Stenographers and pharmacists, also, are exempt as before. In cases of
extraordinar7 emergencies, such as great public calamities or the
protection o human life or property, longer hours may be worked
with the consent of the women, but for such overtime not lees than
double time must be paid. .As in the earlier act, women in laundries
may work 11 hours a d~y, though not more than 54 hours a week,
but for overtime beyond 9 hours they must be paid double their regular rate. Women employed in factories engaged in the manufacture
of cotton, woolen, or worsted goods or articles of merchandise manufactured out of cotton goods may work as long as 10 hours a day and
60 hours a week. For all time over 9 hours a day they must be paid
double their regular rate.
139

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140

DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN

Violation of any provision of the law is punishable by a fine of $50
to $200, each day and each woman required or permitted to work
more than the time provided in the act constituting a separate
offense.
1929
Manufacturin&', mercantile, etc.

Session laws 1929 ("{trst oalled session), ohs. 86-87.

Aug. 19, 1929

An amendment of 1929 added to the groups previously exempt
from the provisions of the hour law superintendents, matrons and
nurses, and attendants employed by, in, and about such orphans'
homes as are charitable institutions not run for profit and not
operated by the State.
SEATING LAWS
1913
Manufacturing, mercantile, etc.

Session laws 1913, ch. 175, secs. 2, 3.

Oct. 1, 1913

, The law of 1913 regulating women's hours required that suitable
seats be provided for women employees in any manufacturing, mechanical, or mercantile establishment, workshop, laundry, printing
office, dressmaking or milli:qery establishment, hotel, restaurant, theater, telegraph or telephone establishment and office, or any other
establishment. The use of these seats was to be permitted when the
women were not engaged in the duties of their employment. The law
exempted women employed as registered pharmacists or stenographers and did not apply to cities having a population of 5,000 or
less.
Violation constituted a misdemeanor, for which the penalty was a
fine of $50 to $200, or imprisonment £or 5 to 30 days, or both.
1915
Manufacturing, mercantile, etc.

Session laws 1915, ch. 56.

July 19, 1915

The legislative act of 1915 relating to seats covers any factory,
mine, mill, workshop, mechanical or mercantile establishment, laundry, hotel, restaurant, rooming house, theater or moving-picture
show, barber shop, telegraph, telephone, or other office, express or
transportation company, any Stat~ institution, or any other establishment, institution, or enterprise where women are employed. Employers in such establishments are required to furnish suitable seats
to be used when the women are not engaged in the active duties of
their employment, and they also are required to post notices stating
that the use of such seats is permitted.
As in 1913, the law exempts pharmacists and stenographers, and
it further exempts telegraph and telephone companies and mercantile
establishments in rural districts and in cities and towns of less than
3,000 inhabitants.
Violation constitutes a misdemeanor, the penalty for which is a fine
of $50 to $200, each day of noncompliance to be considered a separate
offense.
1929
Manufacturing, mercantile, etc.

Session laws 1929 (first called session), ohs. 86-87.

Aug. 19, 19!9

In 1929 the law was amended to exempt superintendents, matrons
and nurses, and attendants employed by, in, and about such orphans'
homes as are charitable institutions not run for profit and not operated by the State.

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UTAH
1911
Manufacturing, mercantile, etc.

HOUR LAWS
Session laws 19n, ch. 133.

May 8, 1911

The Utah Legislature passed a law in 1911 providing a 9-hour day
and a 54-hour week for women employed in any manufacturing, mechanical, or mercantile establishment, laundry, hotel, restaurant,
telephone or telegraph establishment, hospital, or office, or by any
express or transportation company. Exception was made of cases
of emergency in hospitals and of cases of emergency where life or
property is in imminent danger or where materials are liable to spoil
by enforcement of the a.ct.
Violation was a misdemeanor, subject to a fine of $25 to $100.
1919
Manufacturing, mercantile, etc.

Session laws 1919, ch. 70.

May 12, 1919

An amendment in 1919 reduced the hours to 48 a week and to 8 a
day to be worked in not more than 2 working periods and within 12
consecutive hours. The coverage of the law is the same as in 1911,
but exemption now is allowed in cases of emergency where life or
property is in imminent danger, to persons or corporations engaged
in the packing or canning of perishable fruits or vegetables, and to
manufacturers of containers of such during the packing season. The
penalty for noncompliance is the same as that provided in 1911.
PROHIBITORY OR REG ULA TORY LAWS
1896
Mines, etc.

Session laws 1896, ch. 138.

June 4, 1898

In 1896 Utah made it unlawful for women to be employed to work
in any mine or smelter in the State.
.
Violation of this act is a misdemeanor punishable by a fine of any
sum less than $300, or imprisonment for not more than 6 months,
or both.
SEATING LAWS
1897
Stores, etc.

Session laws 1897, ch. 11.

Feb, 24, 1891

A law of 1897 requires stores, shops, hotels, restaurants, or other
places where women are employed as clerks or help to provide chains,
stools, or other contrivances where the women may rest when they
are not engaged in the discharge of their duties.
Violation is a misdemeanor subject to a fine of any sum less than
$300, or imprisonment not exceedmg 6 months, or both.
141

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VERMONT
HOUR LAWS
1912
Manufacturing.

S ession, laws 1912, A.ct 85.

A.pr. 1, 191~

In 1912 Vermont enacted a law requiring that no woman in manufacturing and mechanical establishments should be employed more
than 11 hours a day or 58 hours a week, except to make up time lost
on a previous day of the same week in consequence of the stopping
of machinery upon which she worked or wa.s dependent for work.
No stoppage, however, of less. than 30 consecutive minutes justified
overtime employment. Posting of hour schedules was required, and
the penalty for violation of the act was a fine of $50 to $100.
1917
Sessi on law s 1917, A.ct rn, June 1, 1917; Gen eral law s 1917l.... sec. 5843,

.ll' eb. 1, 1918

Manufacturing, etc.

A law enacted in 1917 superseded that of 1912. It reduced the
maximum hours to 10½ d~ily and 56 weekly, and covered mines and
quarries as well -as manufacturing and mechanical establishments.
The provisions regarding overtime and the posting of hours were
repeated, but the section including the penalty for violation was
repealed. A general penalty clause appearing in the code of the same
year, however, prescribes for violation of these provisions a fine of
$5 to $200 for each offense, and for subsequent convictions either such
fine or imprisonment for not more than 6 months.
1917
Manufacturing, etc.

S ession laws 1917, Act 17!.

A.pr, 12, 191'1

Soon after the United States entered the World War, Vermont
passed a law giving power to the commissioner of industries to
suspend, with the approval of the governor, the operation of the law
relating to the hours of .employment of women during such time as
the country was at war.
1919
Manufacturing.

Session law s 1919, A.ct 160.

June 1, 1919

In 1919 a law was passed authorizing the suspension of the hour
law by the commissioner qf industries, with the approval of the
governor, for a period not exceeding two months in any one year in
the case of a manufacturing establishment or business the materials
or products of which are perishable and requirn immediate labor
thereon to prevent decay or damage.
PROHIBITORY OR REGULATORY LAWS
1912
Employment before and
after childbirth.

Sessio-n laws 1912, A.ct 85.

A.pr, 1, 191~

The law of 1912 regulating ·women's hours provided also that no
woman should knowingly be employed in laboring in a manufacturing or mechanical establishment within two weeks before or four
weeks after childbirth. The penalty of violation was a fine of
$50 to $100.
142

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143

VERMONT
1917
Employment before and
after childbirth.

Session laws 1911, Act 177, J une 1, 1917; General laws 1917,
sec. 5843, Feb. 1, 1918

In 1917 the industries in which the employment of women is forbidden for 2 weeks before and 4 weeks after childbirth were increased-mills, canneries, workshops, and factories being included, in
addition to manufacturing and mechanical establishments. The penalty clause of the act of 1912 was repealed, but a penalty is provided
in the code of 1917, according to which each offense is punishable by
a fine of $5 to $200 and subsequent convictions either by such fine or
by imprisonment for not more than 6 months.
SEATING LAWS
1915
Mercantile, etc.

Session laws 1915, Act 209.

June 1, 1915

The first law in Vermont requiring seats for adult working women
was passed in 1915 and is in effect still. According to this law, mercantile establishments, stores, shops, hotels, restaurants, or other
places where women are employed as clerks or help are required to
provide chairs, stools, or other contrivances for the comfortable use
of such employees, for the preservation of their he~lth, and for rest
when they are not actively employed in the discharge of their duties.
The penalty for violation is a fine of $10 t~ $100.

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VIRGINIA
HOUR LAWS
1890
Manufacturing.

Session Z<uos 1889-90, ch. 193.

Mar. ~, 1890

The working hours of women operatives in factories or manufacturing establishments in Virginia were first limited in 1890 to 10
hours a day. The law provided that all contracts for longer hours of
work should be void and that any person who contracted with any
woman to work longer hours was guilty of a misdemeanor and
should be fined not less than $5 nor more than $20.
1912
Manufacturing, mercantile.

Session Zawa 191!, ch. !48.

June 13, 191!

It was not until 22 years later, in 1912, that the hour law was
amended. This amendment did not change the provision for a 10hour day, but it extended the scope of the law to cover operatives
not only in factories and manufacturing establishments but in workshops and mercantile establishments. Provision was made, however,
that the act should not apply to women whose full time was employed as bookkeepers, stenographers, cashiers, or office assistants;
to persons employed in :factories engaged exclusively in packing
fruits or vegetables between July 1 and November 1 of each year; to
mercantile establishments in towns of less than 2,000 inhabitants or
in country districts; nor to mercantile establishments on Saturdays.
The 1890 penalty for violation was continued.
1914
Manufacturing, mercantile, etc.

8esaion laws 1914, ch. 158.

June 18, 1914

Further amendments in 1914 made the law applicable to laundries
and added exemption for canning factories and 'fish-packing establishments in country sections. The Saturday exemption for mercantile establishments was omitted.
1918
Manufacturing, mercantile, etc.

8esBion laws 1918, cha. !14, 414,

June !O, 1918

Revised :further in 1918, the law retained all the 1914 provisions
except that dealing with exemption :for seasonal industries, which
was changed to apply at all times to all factories engaged 1uclusively
in packing fruits or vegetables. Further amendment, to terminate
February 1, 1920, authorized the commissioner of labor to grant a
permit to leaf-tobacco prizeries in towns and cities of less than
30,000 population to employ women for more than 10 hours a day
where 1t seemed to the commissioner that such action was necessary
to provide for an emergency and where such additional time was
voluntary on the part of the employees. Requirement was made
that permits state the time and conditions of employment and that
· overt,1me be paid for at the rate of time and a half.
144

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145

VIRGINIA
1928
Hanufacturins, mer-cantile. etc.

Beaston laws 1900, ch. 5l8.

June !1, 19!6

Amendments of 1926 added restaurants to the industries covered
by the hour regulations; required, for the first time, posting of the
law and of hour schedules; and revised the penalty clause to provide
for violation, which is a misdemeanor, a fine of $10 to $25 for the
first offense, and $25 to $50 for subsequent offenses. All other
provisions of the earlier law have been retained.
PROHIBITORY OR REGULATORY LAWS
1912
Mininr.

Sess-ton laws 1912, ch. r18, seo. 15.

June

.t:t; 191!

By an act of 1912 Virginia prohibits the employment of women in
coal mines. Any operator, agent, or mine foreman who knowingly
violates this provision is subject to a fine of $10 to $500 or imprisonment for 10 to 90 days.
SEATING LAWS
1898
Manufacturinr. mer-ea.n tile. etc.

Session laws 1891-98, ch. 5S.

Jan. 1!, 1898

In 1898 all persons in Virginia employing women in stores, shops,
offices, or manufactories as clerks, operatives, or helpers in any business, trade, or occupation were required by law to provide suitable
seats for these employees and to permit the use of such seats, rests,
or stools.
Violation of this act was a misdemeanor to be fined not more than
$25 with costs.
1910
Mercantile.

Session laws 1910, ch. 189.

June 15, 1910

By an amendment of 1910 the law was made to apply only to mercantile establishments and to require that chairs, stools, or other
suitable seats should be maintained to the number of at least 1 seat
for every 3 women employed. Such seats were to be conveniently
placed and their use was to be allowed at such times and to such
extent as might be necessary for the preservation of health.
The penalty provision of 1898 was repeated.
1922
Manufacturinr. mer•
cantile, etc.

Session laws 1922, ch. S13, sec. 1801.

June 18, 19! 2

An act of 1922 amended the seating law to cover, besides mercantile establishments, :factories, shops, mills, laundries, and manufacturing establishments, excepting, however, fruit and vegetable
canning factories. It provides :further that in any manufacturing
establishment where the nature of the work requires the women to
stand it shall be deemed sufficient compliance with the law i:f suitable rest rooms are provided that may be used at all reasonable
times. Other provisions of 1910 are retained.

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WASHINGTON
HOUR LAWS
1901
Mechanical, mercantile, etc.

Session laws 1901, ch. 68.

June 1!, 1901

'Ihe first law in Washington dealing with women's hours o:f labor
was passed in 1901. It provided a maximum 10-hour day in mechanical or mercantile establishments, laundries, hotds, or restaurants.
The penalty :for violation was a fine :for each offense o:f not less
than $10 nor more than $25.
1911
Mechanical, mercantile, etc.

Session laws 1911, ch. 37.

Jitn e 7, 1911

A law enacted in 1911 covers the same industries as the earlier law
and provides a maximum o:f 8 hours a day, but it exempts from its
provisions women employed in harvesting, packing, curing, canning,
or drying any variety of perishable fruits or vegetables or in canning
fish or shell fish. Posting of the act is required and any violation
o:f the la-w is punishable by a fine of $10 to $100 for each offense.
1913
Industrial welfare
commission.

Session laws 1913, ch. 17--J.

June 12, 1913

In 1913 an act was passed declaring unlawful the employm_e nt of
women in any industry or occupation under conditions o:f labor detrimental to their health or morals, and creating a commission to be
known as the industrial welfare commission to establish proper
standards of work. This commission was empowered to issue, after •
specified procedure, obligatory orders fixing, in addition to minimum
wages, standard conditions of labor for women. Posting of the
orders is required and violation o:f any order or of any provision o:f
the act is a misdemeanor punishable by a fine of $25 to $100.
1914-15
Mercantile, telephone,
etc.

Industrial welfare commission order No. 1, J11.ne 21, 1914 ; order No. 7,
S ept. 7, 1914; order No. 10, Feb. 20, 1915

The first order issued by the jndustrial welfare commission under
authority of the act o:f 1913 related to mercantile occupations and
included a provision that not less than 1 hour for noonday luncheon
should be allowed women employees in any mercantile establishment.
A like provision was included in 2 other early orders, Nos. 7 and
10, applymg to women in telegraph and telephone occupations and
in office employment.
As defined in order No. 10, office employment included stenographers, bookkeepers, typists, billing clerks, filing clerks, cashiers,
checkers, invoicers, comptometer operators, and clerical office work
of any kind.
1915
Telephone.

Session laws 1915., ch. 68.

June 9, 1915

A special law passed in 1915, neither amending nor repealing any
earlier act, authorized the industrial welfare commission to establish
standard conditions of labor for women employed in the telephone
146

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147

WAStUNGTON

industry in rural communities and in cities of less than 3,000 population. This followed protest on the part of small telephone companies against the minimum wage set by the commission in order
No. 1, which protest the commission was unable to meet because, in
the opinion of the attorney general of the State, it had no authority
under the act of 1913 to exempt any group of employers from its
orders.
1915
Telephone.

Industrial welfare commission orders Nos. 14, 15, 16.

1915 1

Following the passage of the special act of 1915, women employed
in the telephone industry in rural communities and in cities of less
than 3,000 population were the subject of three orders of the industrial welfare commission issued ·in the same year. In class B exchanges the day's work was limited to 9 hours, while night operators,
furnished with suitable sleeping accommodations, might work 10
hours. In classes C and D, 10 hours was the limit for day work
and 14 hours for night work. Orders for these two classes also provided that, unless arrangement was made for the preparation of warm
meals at the exchanges, operators should be relieved of duty for a
suitable length of time during meal hours and on Sundays. These
orders amended No. 7 of 1914.
1917
Telephone, telegraph.

Session laws 191"/, ch. !9.

June 6, 1917

This act amended that of 1915 by making it apply to the telegraph
as well as the telephone industry in the localities named.
1918

All industries.

Industrial welfare commission order No. 18.

Nov. 10, 1918

Recommendations of a war emergency conference of representatives of employers and employees in the different occupations, trades,
and industries throughout the State. resulted in the issuance by the
industrial welfare commission in the fall of 1918 of an order to cover
all industries during the period of the war. Among other things this
ord€r declared that employers offering less than full-time employment to women should post in conspicuous places proper schedules
of hours to be observed, for such period of time in advance as the
industrial welfare commission should determine, not later than noon
of the preceding day; and that women should not be employed for
more than 6 hours without a rest period of 15 minutes, this applying
to continuous night shifts rather than to regular full-time day shifts
which naturally are broken by meal periods. The commission specified that the order should be interpreted to mean an 8-hour day and
a 6-day week, or 48 hours' service weekly. This order superseded
orders Nos. 1, 1, and 10.
Telephone.

Indust?-iaZ welfar e commission order No. 20

This order provided that operators in class D telephone exchanges
in rural communities and cities of less than 3,000 population should
be given at least 6 consecutive hours' relief on Sunday without any
deduction in wages. Hour and meal-time provisions of 1915 were
not repeated. A class D exchange was described as one of limited
service-less than 150 subscribers-not demanding the continual attention of an operator, part of whose time might be devoted to leisure
1
_2

No dates appear on these orders, issued probably in 1915.
~o date appears on this order.

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148

DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN

or to profitable pursuits and whose compensation and conditions o-f
work might be determined by employer and operator, subject to the
approval of the industrial welfare commission.
Order No. 16, 1915, relating to class D exchanges, was rescinded
by this order.
1920
Public housekeepinir.

Industrial welfare commissfon order No. 21.

June 2, 19£0

Public-housekeeping occupations were covered by an order of 1920
that provided a 6-day week and not more than 5 hours of work without a rest period of at least half an hour. The term "public housekeeping," the order said, should include cooks, housekeepers,
linen-room girls, chambermaids, cleaners, ·kitchen girls, dishwashers,
pantry girls, pantry servers, waitresses, counter girls, bus girls, bell
hops, checkers, cashiers, elevator operators, janitresses, laundry workers (where a laundry was not maintained in the establishment), and
any other occupation that properly would be classified under public
housekeeping. The establishments should · include hotels, rooming
houses, boarding houses, restaurants, cafes, cafeterias, lunch rooms,
tea rooms, apartment houses, cook houses in camps, hospitals (not
nurses), philanthropic institution~, and any other that properly may
be classified under this industry.
1921
Industrial welfare
committee.

Session laws 1921, ch. '1, sec. 8!.

June B, 1921

In 1921 the powers and duties of the industrial welfare commission
were transferred to a committee under the newly created department
of labor and industries. .
1921
Public housekeeping.

Industrial welfare committee order No. 23.

Oct. 4, 1921

The 1921 order covering the public-housekeeping industry, replacing No. 21, repeats the 6-day-week provision but says that if sufficient
emergency exists, making it absolutely impossible to secure efficient
substitute help, women may be employed for a continuous period of
as long as 10 days, at the end of which they must be given 1 day's
rest. This emergency privilege, however, shall not preclude any
woman from having at least 4 days' rest in any 28-day period.
Cooks, housekeepers, bell hops, checkers, and cashiers are not
included under this order in the interpretation of the term " public
housekeeping"; laundry workers are covered "except where a commercial laundry is operated." The definition of establishments in
the industry no longer includes cook houses in camps. Except for
these changes the definitions of order No. 21 are repeated in No. 23.
1921
Laundry, dry cleaninir,

etc.

Industrial welfare committee order No. !5.

Dec. 14, 1921

Laundries, dry-cleaning, and dye works are the subject of an o'r der
of 1921 that sets a basic 6~day week and limits continuous labor of
women to not more than 6 hours without a rest period of 15 minutes.
1921
Telephone, etc.

Industrial 'Welfare committee order No. !'1.

Dec. 14, 1921

For women in the different occupations in the telephone or telegraph industry throughout the State or in any public occupation
other than public housekeeping, laundry, dry-cleaning, and dye
worksi and mercantile and manufacturing occupations, order No. 27
provictes a basic 6-day week and, as in order No. 7, 1914, at least 1

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149

WASHINGTON

hour for lunch. It supersedes all previous orders covering the telephone and telegraph industries.
1921
Mercantile.

Industrial welfare committee order No. 28.

Dec. 31, 19'21

An order of 1921 covering the mercantile . industry provides for a
basic 6-day week and, as did order No. 1, 1914, a lunch period of not
less than 1 hour.
·
1921
Manufacturing.

Industrial welfare committee order No. f9. Jan. £'2, 19!!

The hours of women employees in manufacturing occupations,
~rades1 and industries are limited, by an order that became effective
m 192~, to 8 hours a day and 6 days a week.
NIGHT-WORK LAWS
1920, 1921
Elevator operators.

Industrial welfare commission order No. !1, June !, 1900; ,ndustriaJ
·
w elfare committee order No. 23, Oct. 4, 1921

In Washington the only regulation of night work appears in the
public-housekeeping orders of 1920 and 1921, both of which forbid
women to serve as elevator operators after 12 p. m. The penalty for
violation is that provided in the act of 1913 for noncompliance with
orders of the industrial welfare commission.
FREEDOM OF OCCUPATION
S ession laws 1889-90,

1890

p. 519.

June 27, 1890

An act of 1890 declares that in Washington every avenue of employment shall be open to women and any ousiness, vocation, profession, and calling followed and pursued by men may be followed and
pursued by women; and that no person shall be disqualified from engaging in or pursuing any business, vocation, profession, calling, or
employment on account of sex, provided, however, that this shall not
be construed to permit women to hold public office.
PROHIBITORY OR REG ULA TORY LAWS
1891
Mines.

Session law s 1891, ch. 81, secs. lf, f!.

June 6, 1891

Legislation of 1891 prohibited the employment of women in any
mine in Washington. Any person violating this law was guilty of
a misdemeanor and punishable by a fine of $200 to $500.
1913
All indust ries.

S ession laws 1913, ch. 114.

Jun e 1'2, 1913

The act of 1913 creating the industrial welfare commission declared it unlawful to employ women in any industry or occupation
in the State under conditions of labor detrimental to their health or
morals. Not until 1918, however, was any occupation except work in
mines, which had been forbidden since 1891, closed to women by
action of either the legislature or the industrial welfare commission.
1917
Mines.

Session laws 1917, ch. S6; secs. 165, in.

June 6, 1917

A new law in 1917, regulating conditions in mines repeats the
provision of 1891 and adds that no woman shall be employed or permitt ed to be in or about the surface workings of any mine for the
purpose of employment except for clerical or messenger duty about
the surface workings. Mines employing fewer than 10 men are not
covered by the law.

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150

DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN

Penalty for violation is changed by this act to a fine 0£ $50 to $200,
or imprisonment £or not more than 6 months, or both.
·
1
All in iJ:tries.

Industrial w elfare commission or der No. 18.

Nov. 10, 1918

The earliest industrial welfare commission order prohibiting
women from any kind of employment was the order o:f 1918 covering
all industries for the duration 0£ the war, issued September 10 but
not effective until after 60 days. It forbade the employment of
women in all occupations injurious to their health, morals, or womanhood or unavoidably disfiguring; all occupations for which men in
general were better fitted by temperament, training, or custom, and
for which men were available; work in certain phases of railroading,
as section work; certain work in shipbuilding plants, in lumber and
shingle mills, in hotels as bell hops, and in metal-working plants as
with molten metals; all work under ground; all work in shooting
galleries, penny arcades, and the like; and all occupations for 2
months before and 6 weeks after childbirth.
The commission added that exclusions should be made, having
in mind the designations and prohibitions of the United States War
Labor Policies Board, the State council and the county councils of
defense, and such other bodies under the general Government as
should find occasion to relate women's work to patriotic efficiency.
Violation of this, as of all other orders, was subject to the penalty
provided in the industrial welfare commission act of 1913.
1920, 1921

Bell hops.

Industrial welfare commissi on order No . '21, Ju.n e ! , 1920; industrial
welfare commi ttee order N o. 23, Oct. 4, 19'21

. The employment of women as bell hops, first prohibited in the
war order of 1918, again was forbidden in the public-housekeeping•
orders of 1920 and 1921.
1921
Employment before and
after childbirth.

Industrial welfare committee order· No . ~5.

D ec. 14, 1921

Three years after the industrial welfare commission prohibited
in its war order the employment of women in any occupation for
2 months before and 6 weeks after childbirth the newly created
industrial welfare committee, in an order covering the laundry, drycleaning, or dye-works jndustry, provided that no woman shall be
knowingly employed 4 months before confinement or 6 weeks
thereafter.
1922
Employment before and
after childbirth.

Industrial w elfare committee order No. SO.

Mar. !O, 19'2'2

An order of the following year, covering any manufacturing "or
other mercantile establishment," declares that no woman shalJ be
employed for 4 months before or 6 weeks after childbirth. The
phrase " knowingly employed " is not used.
1922
Lifting weights.

Industrial w elfare comm-ittee order No. SO.

Mar. !O, 19'2'2

The same order covering any manufacturing " or other mercantile
establishment " provides that no woman shall be required or permitted to lift or carry any excessive burden.
Exemption from the regulations of this order may be allowed at
the discretion of the industrial welfare committee in cases where,
after due investigation, the enforcement of any rule would not materially increase the comfort, health, or safety of the employees and
would work undue hardship on the employer.
.

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151

WASHINGTON

SEATING LAWS
1890
Stores, offices, etc.

Session laws 1889-90, p. 104.

June

,:!, 1890

Legislation of 1890 requires employers 9£ women in stores, offices,
and schools in Washington to provide a chair, stool, or seat for each
woman worker and to permit the use of such seat when it does not
interfere with the faithful discharge of duties. Violation of this
provision is a misdemeanor, for which the punishment is a fine of
not less than $10 nor more than $50.
1901
All industries.

Session laws 1901, ch. 68.

June 12, 1901

Another law requiring seats for women was passed in 1901. It
provides that all employers in establishments where women are employed shall provide suitable seats and permit their use when the
women are not engaged in the active duties for which they are
employed.
The penalty fixed for violation is a fine of $10 to $25 for each
offense.
1911
All industries.

Session laws 1911, ch. 37.

June 7, 1911

Revision in 1911 of the act of 1901 made no changes other than to
· increase the maximum fine for violation to $100.
1918
All industries.

IndttstriaZ welfat·e commission order No. 18.

Nov. 10, 1918

. Regarding certain standards already established by law, including
that relating to seats for women workers, the industnal welfare commission's order No. 18, issued in 1918 for the duration of the war,
provided that where there we~e fewer than 4 women employed by
one person the commission might upon application and showing
release the applicant from compliance with the law.
1921
Laundry, dry cleaning,
etc.

Industrial welfare committee order No. 25.

Dec. 14, 1921

The same provision occurs in the order of 1921 dealing with laundries and dry-cleaning and dye works, with the minimum number
of women, however, increased from 4 to 10.
1922
Manufacturing, etc.

Industrial welfare committee order No. 30.

Ma,r. 20, 1922

Order o. 30, issued by the industrial welfare committee, relates
to working conditions in manufacturing "or other mercantile establishments." It requires that women be permitted to use seats at all
times when not engaged in the active duties of their occupation and
that where the nature of the work allows the following provisions
shall hold: Seats shall be provided at worktables or machines for
each woman employed, and the seats shall be capable of such adjustment and shall be kept so adjusted to the worktables or machines
that the position of the worker relative to the work shall be substantially the same whether seated or standing. Worktables, including sorting belts, shall be of such dimensions and design that there
are no physical impediments to efficient work in either a sitting or
a standing position, and individually adjusted foot rests shall be
provided.

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WEST VIRGINIA
PROHIBITOR.Y OR REGULATORY LAWS
1887
Coal mines.

Session laws 1887, ch. 50.

May 00, 1881

A law passed in 1887 prohibited women from working in coal
mines in West Virginia. Violation was a misdemeanor and subject
to a fine of $10 to $100, or-in default of payment of fine and costs
for as long as 10 days-imprisonment for not more than 3 months.
The act applied only to mines employing 10 or more persons.
1890
Coal mines.

SeBttf.on laws 1890, ch. 9.

Mar. 15, 1890

In 1890 the fines for violation of this act were increased to not less
- than $50 nor more than $500.
1901
Cleaning moving
machinery.

Session laws 1901, ch. 19, secs. 1, 6.

May 16, 1901

An act of 1901 provided that women should not be permitted to
clean any of the mill gearing or machinery in manufacturing, mechanical, or other establishments while such machinery was in motion.
Violation of this provision was a misdemeanor punishable by a fine
of $20 to $100, or, in default of payment of such fine, imprisonment
until the fine and costs were paid.
Rey~sion in _1919 of the act of 1901 omitted any reference to this
prov1s10n.
1907
Coal mines.

Session laws 1907, ch. 78, secs. 17, ?:1.

May !3, 1907

The mine regulations act was amended in 1907 to apply to all
mines having 5 or more employees and to provide for violation a fine
of $10 to $500 or imprisonment for 10 to 90 days.
1915
Coal mines. '

Session la.w s 1915, ch. 10, sec. 31!.

May 7, 1915

An amendment to the coal-mining regulations in 1915 reduced the
maximum fine for violation to $100.
.
In 1925 the mining law was amended and reenacted and the provision relating to the employment of women was omitted. (Session
laws 1925, ch. 88.)
SEATING LAWS
1901
Manufacturing, mercantile, etc.

S ession laws 1901, ch. 19, secs. 4, 6.

May 15, 1901

The act of 1901 prohibiting the cleaning of moving machinery by
women required also that in manufacturing, m~chanical, mercantile,
and other establishments employing women seats should be provided
in sufficient number and conveniently located to seat comfortably all
women employees, and that the use of these seats should be permitted
when the employees were not necessarily required by their duties to
be upon their feet.
Violation constituted a misdemeanor punishable by a fine of $20
to $100, or,. in default of- payment of such fine, imprisonment until
the fine and costs were paid.
152

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WEST VIRGINIA
1919
Manufacturing, mercantile.

Session laws 1919, ch. SO, secs. 6S, 6"'/d.

153
May 15, 1919

By an amending act of 1919 the seating law now applies to women
working in factories, mercantile establishments, mills, or work hops,
and require that there shall be provided for them area onable number of suitable seats, whose use shall be permitted when the employees
are not necessarily engaged in the duties for which they are employed and at all times when their use would not interfere with the
proper discharge of duties. Where practicable the seats are to be
made permanent fixtures, so adjusted as not to be an obstruction
when not in use.
The penalty clause also was amended to provide for the first offense a fine of $10 to $50 and for the second or subsequent offense a
fine of $25 to $200.
94872 °-32-11

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WISCONSIN
HOUR LAWS 1
1867
Manufacturing.

Session laws 1867, ch. 83.

July 4, 1867

The first law in Wisconsin regulating women's hours was passed in
1867. It limited the day to 8 hours, and applied to women employed
in manufactories, workshops, and other places used for mechamcal
or ma.nu:facturing purposes. Any owner, stockholder, overseer, employer, clerk, or foreman who compelled women to work more than 8
hours a day was liable to a fine of $5 to $50.
1878
Manufacturing.

Revis ed statutes 1878, ch. 83, sec. 17~.

Nov. 1, 1878

The revision of this year read that any employer, stockholder,
director, officer, overseer, clerk, or foreman who compelled women
to work longer than 8 hours should forfeit $5 to $50 for each offense.
In 1883 (session laws 1883, ch. 135) the penalty was changed from
a forfeiture to a fine. The law was repealed in 1913. (Session laws
1913, ch. 381.)
1911
Industrial commission.

Session laws 1911, ch. 485, sec. 1021b-12 (2).

June 30, 1911

A law of 1911 created an industrial commission to administer and
enforce, among other laws, those relating to the employment of
women.
1911
Manufacturing, mercantile, etc.

Session law s 1911, ch. 548.

July 6, 1911

A new hour law was pa£sed in 1911. It provided a 10-hour day
and a 55-hour week for women employed in manufacturing, mechanical, or mercantile establishments, laundries, restaurants, confectionery stores, or telegraph or telephone offices or exchanges, or by express or transportation companies. vVork done between 8 p. m. and
6 a. m. only 1 night in the week was not considered night work and
could be worked on the day schedule. An allowance of at least 1 hour
for dinner was required, as was the posting of hour schedules. Violation of the law was a misdemeanor and punishable by a fine of $5
to $100.
1913
Manufacturin&', mercantile, etc.

Session laws 1913, ch. 381, June 4, 1913; ch. 588, sec. 2394-70, June 27, 191/l

Legislation of 1913, amending that of 1911, further empowered
the industrial commission to determine what hours of labor were
consistent with the " life, health, safety, or welfare " of women and
to issue orders fixing standard hours. Pending such action by the
commission hours prescribed in the law of 1911 were to govern. The
industries covered by this law were the same as in 1911. Posting of
hour schedules was required unless t ime records were kept for at
least 6 months prior to inspection or some other method was followed
that had been approved by the commission. Violation was subject to
1 For convenience and clarity th e order s of th e industrial commission having to do with
pea canning and with bean, cherry, corn, strawber ry, and tomato canning, though issued
periodically from 1913 on, are presented together on pp. 156 to 160.

154

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WISCONSIN

a fine of $10 to $100 for each offense, and every day and every week
that any woman was employed in violation of the law or of any order
of the commission constituted a separate offense.
This act definitely repealed the law of 1867 and its amendments.
1917
Manufacturins-, laundry.

Industrial commisttion order No. 1.

Jultv 29, 19r1

The first general order issued by the industrial commission restricted manufactories and laundries to day work, to be done between 6 a. m. and 6 p. m. Pea canneries, however, were exempt.
1917
Mechanical, mercantile,
etc.

Industrial commission order No. !.

July 29, 1917

In mechanical or mercantile establishments, restaurants, confectionery stores, telegraph or telephone offices or exchanges, or express
or transportation establishments, day work, according to order No.
2 of the industrial commission, was to be construed as work done
between 6 a. m. and 6.30 p. m., but work after 6.30 on only 1 night .
each week was not considered night work.
1918

Street railways.

Industrial commission order No. 4-

June 6, 1918

In this order the commission ruled that in cities of the first class
women employed as conductors, motormen, or flagmen by street-car
lines shall work only between the hours of 8 a. m. and 5 p. m. ; and
that in all other cities and in towns and villages their work must be
done between 6 a. m. and 5 p. m. and must not exceed 8 hours a day.
1918
Manufacturing, restaurants.

Industrial commission order No. 5.

Sept. 1, 1918

Another order of the same year allows, in cities of the first class, a
45-minute meal period in manufactories having conveniently loc~ted
and adequately equipped lunch rooms; otherwise, one hour is required
as provided by law. In restaurants the meal period may be 30 minutes if the stretch of work between meals does not exceed 5 hours
and if employees eat their meals on the premises.
1918
Pharmacists.

Industrial commission order No. 6.

Oct. 9, 1918

Registered women pharmacists and registered assistant pharmacists
were exempted by the industrial commission in 1918 from the provisions of the hour law.
1919
Manufacturing.

Induittrial oommission order No. 5 amended.

Jan. 8, 1919

In 1919 an amendment to order No. 5 extended it to cover manufactories not only in cities of the first class but in their suburbs.
1923
Hotell!.

Sesttion laws 1928, ch. 117.

May 15, 1923

In 1923 hotels were the subject of legislation providing maximum
hours of 10 daily, to be worked between 6 a. m. and 9 p. m., and 55
weekly. The provision of the general hour law as to posting applies,
but this act expressly states that the power given the industrial commission to regulate women's hours shall not extend to hotels.
1923
Manufacturina-, mercantile, etc.

Session laws 1!n3, ch. 185.

Sept. 1, 1923

The law of 1913 was amended in 1923 by reducing the maximum
hours to 9 a day, to be worked, as before, between 6 a. m. and 8 p. m.,
and 50 a week, provided that during emergency periods of not more

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156

DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN

than 4 weeks a year, 10 hours a day and 55 hours a week may be
worked, if such overtime is paid for at the rate of one and one-half
times the regular rate. 2 The industrial commission still has the
power to allow modifications.
1923
Manufacturing, mercantile, etc.

Industrial commiss-i on order No. 3a.

Sept. 1, 1923

On the day that the amendment of 1923 became effective an order
of the industrial commission also went into effect, which provides
that every employer who employs women more than 9 hours a day
or 50 hours a week on the ground that an emergency exists must,
within 24 hours after its beginning, notify the commission of the
nature of the emergency, and must send the commission at the end
of the period information for each woman as to daily hour schedules
and total hours worked during the overtime period, regular wage
rate, overtime wage rate, and total wages for the emergency period.
1923
Restaurants.

Industrial commissfon order No. 2 arnended.

Sept. 1, 19!3

Order No. 2, of 1917, was amended in 1923 to define day work in
restaurants as work between 6 a. m. and 8 p. m. and to provide that
work after 8 p. m. one night each week is not to be considered night
work. As in 1917, this order construes day work in mechanical or
mercantile establishments, confectionery stores, telegraph or telephone offices or exchanges, and express and transportation establishments as work done between 6 a. m. and 6.30 p. m., except one night
each week.
1931
Hotels.

Session laws 1981, ch. 235.

June 14, 1931

By amendment of 1931 the penalty provision for violation of the
1913 general hour law is made to apply in cases of noncompliance
with the law regulating women's hours in hotels.
PEA CANNING
1913
Pea canning.

Industrial commission order.

Season of 1913

In accordance with the power given it in the acts of 1911 ( ch. 485)
and 1913 ( ch. 381) to regulate women's hours of work, the industrial
commission in 1913 issued its first order covering pea canneries during the canning season. To canneries that complied with all laws
and orders on safety and sanitation hours longer than those specified
in the law passed by the legislature were allowed, that is, 10 hours
daily, to be worked between 7 a. m. and 10 p. m. In emergencies,
however, women actually engaged in the process of canning might
be e_mployed 12 hours a day, between 7 a. m. and 12 p. m., on 15
days during the year, provided that time and one-half was paid for
all time worked in excess of 10 hours a day or 55 hours a week.
Provision was made for posting the order and for keeping time
records. Any employer failing to comply with the order was subject to the penalty provided in the law of 1913-a fine of $10 to $100
for each woman working beyond the legal hours and for each day
and for each week she was so employed.
2

The emergency provision does not apply to night work.
Biennial report, 1922-1924, p. 34. )

sion.

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(Wisconsin Industrial Commis-

157

WISCONSIN
1914, 1915
Pea .c annina-.

Industrial commission orders.

Seasons of 1914 and 1915

In 1914 and 1915, 10 hours continued to be the standard for the
normal day's work in pea canneries and 12 hours daily remained the
maximum allowed in emergencies, but work might begin at any hour
in the morning or run to any hour in the evening, provided that
9 consecutive hours of rest intervened between the ending of work on
one day and the beginning of work on the next. All other provisions
were the same as in 1913.
1916
Pea canning.

Industdal commission order.

Season of 1916

To the daily hour limits of preceding years the order of 1916 set
a normal weekly limit of 60 hours and an emergency maximum of
66 hours. The interval of rest between workdays was arranged for
by providing that no work should be done between 2 a. m. and 7 a. m.
1917
Pea canning.

Industria l commission order.

Season of 1911

In 1917 the industrial commission discontinued the normal weeklyhour limitation and the night-work prohibition of 1916 and allowed
the pea canneries to operate under either of two emergency plans, the
plan selected to prevail during the entire season.
Plan B reestablished the provisions of the orders of 1914 and 1915,
omitting the weekly emergency maximum introduced in 1916.
Plan A provided for the same normal workday of 10 hours but
for work in emergencies a new arrangement was made.
omen who
were actually engaged in the process of canning and who were paid
a minimum of 15 cents an hour or $1.25 a day or shift might be employed in excess of 10 hours a day on not more than 15 days annually.
On 11 of these days the hours were not to exceed 12, but on 4 days
women were allowed to work 14 hours; provided that no 2 of the
14-hour days should be consecutive and that not more than 2 such
days should occur in any calendar week. Not only were these concessions conditional on the payment of the minimum rate specified,
but the weekly hours were limited strictly to 70 and the daily hours
were required to fall within a period of 16 hours from the time of
beginning work. A day was to be considered the 24 hours beginning
at 6 a. m. and a 9-hour rest period between workdays was required.
Other provisions were the same as .i n 1914 and 1915.

1918, 1919
Pea canning.

Industrial commission orders.

S easons of 1918 and 1919

In 1918 the 10-hour normal day continued and a normal weekly
limit again was fixed, but this time at 55 hours instead of 60 as in
1916. Overtime was granted those canneries complying with the
safety and sanitation laws and orders, and, under this order, it was
allowed not only in the canning factories but in the warehouses as
well. Such overtime again was limited to 15 days during the season,
but no day was to exceed 12 hours, whereas in 1917 as many as 4 days
of 14 hours each were permitted. The 70-hour week in emergencies
and the 9-hour rest period between workdays were repeated, in addition to the provision for higher rates of pay for all work in excess
of 10 hours a day. A day again was defined as the 24 hours beginning at 6 a. m. Other provisions of earlier years were repeated. A
note in explanation of the allowance of 15 days of overtime stated
that a factory employing women overtime on more than 15 days

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DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN

would violate the order even though no one woman worked overtime
on more than 15 days during the season.
The 1919 order was the same as that for 1918 except that the minimum rates of pay for the normal day were increased.
1920
Pea canninc.

Industrial commission order.

Beason of 1920

The general provisions of the 1919 order were repeated in 1920,
with the conditions under which emergency overtime was allowed
even more carefully defined. A time allowance for meals was specified for the first time, the commission ruling that at least 30 minutes
be allowed for lunch, that 60 minutes be allowed for supper if a
woman worked during the afternoon and after 9 p. m., and that 30
minutes on full pay between the hours of 10 and 12 p. m. be allowed
if a woman who worked before 7 p. m. continued to work after 11.
1921
Pea canning.

Industria l commi ssion order.

Beason of 1921

This order made no change in 1920 provisions except to specify
that meal periods should be granted at the usual times for meals,
namely, at or about 12 noon, 6 p. m., and 12 midnight.
1922, 1923
Pea canninir.

Industrial commission order s.

Seasons of 1922 and 1923

In 1922 the concessions granted in emergencies were reduced. Only
women over 17 years of age were permitted to work overtime, weekly
hours were lowered to 66, and the number of days on which overtime might be worked was reduced from 15 to 10. The general provisions also were changed slightly by omitting the 60-mmute allowance for supper and adding a provision limiting the stretch of work
between meal periods to 6 hours.
The 1923 order repeated all these provisions.
1'.:' U, 1925
Pea canning.

Industrial commissi,on orders.

Seasons of 1924 and 1925

In 1924 both normal working hours and emergency overtime were
reduced. Normal daily hours were limited to 9, weekly hours to 54.
Emergency overtime was allowed on only 8 days and not in excess
of 11 hours daily or 60 hours weekly. No other changes were made
in this year nor in the order of 1925.
1926, 1927, 1928, 1929,
1930, 1931
Pea canning.

Ind1tstrial commission orders.

Seasons of 1926

1931

Again in 1926 concessions as to normal hours were reduced, by
providing that the 9-hour day and 54-hour week were to apply only
during the season of actual canning of the product. Before and
after this season pea canneries were required to keep within the r egu,lar factory limits of 9 hours daily, 50 hours weekly, and work between
6 p. m. and 6 a. m. was forbidden.
These provisions have been repeated in succeeding years.
OTHER VEGETABLE AND FRU IT CANNING
1918
Bean canning.

Indu strial commission order.

Season of 1918

Until 1918, bean canneries were obliged to comply, as factories,
with the terms of the hour law and the orders of the industrial commission on night work. In this year, however, the commission exempted bean canneries from order No. 1, 1917, which prohibited work

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WISCONSIN

in fac"tories between 6 p. m. and 6 a. m. The e:ff ect of this order was
to allow women in bean canneries to work the hours specified in
orders Nos. 2 and 3-10 hours daily, 55 weekly t if work fell between
6 a. m. and 6.30 p. m., or 8 hours daily, 48 weekly, if working hours
regularly ran later than 6.30 p. m. Work after 6.30 p. m. on one
night each week did not constitute night work.
1919
Bean and corn cannin1r.

Industrial commission order.

Season of 1919

This order covered both bean and corn canneries, allowing to both
the exemption granted to bean canneries only in 1918.
1920, 1921, 1922,
1923
Bean,cherry,corn,and
tomato cannin&'.

Industrial commission orders.

Seasons of 1920 to 192$

In 1920 the order of the industrial commission covered factories
canning cherries and tomatoes in addition to those handling beans
and corn, and for the first time provided such special regulations as
had been made for pea canneries in 1913. Women might be employed 10 hours daily, 60 hours weekly, provided that all work after
6 p. m. in excess of 8 hours, and all Sunday work, be paid for at the
rate of time and a half. The keeping of time records and the posting
of the order were required.
The orders issued in 1921, 1922, and 192-3 contained the same
provisions as this order of 1920.
192', 1925
Bean, cherry, [etc.]
canning.

Industrial commission orders.

Seasons of 1924 and 1925

In 1924 the regulations for these canneries were changed to conormal hours were
form very closely to those for the pea canneries.
fixed at 9 a day, 54 a week, and emergency concessions were granted
only to those canneries that complied with all laws and orders on
safety and sanitation. In emergencies such canneries might employ
women over 17 years old, in the canning factory and in the warehouse, 10 hours a day, 60 hours a week, on not more than 8 days
during the eason. The commi sion explained that every day on
which any woman worked over 9 hours was to be counted as 1 of the
days, and that these days of overtime were granted only to establishments whose regular hours were not over 9 daily. The order
provided for meal periods of not less than 30 minutes to be allowed
near the usual times for meals, namely, 12 noon, 6 p. m., and 12 midnight; and that the stretch of work between meal times should not
exceed 6 hours. A 9-hour rest period was required between workdays
and a day was to be reckoned as the 24 hours beginning at 6 a. m.
Other provisions were approximately the same as in 1920 to 1923.
1926, 1927
Bean, cherry, [etc.]
canninit.

I ndustrial commission orde1·s.

Seasons of 1926 ancl 1921

In 1926 these canneries were put on the same basis as pea canneries,
except for the emergency overtime provision, which was unchanged.
Concessions as to normal hours-9 daily, 54 weekly-were reduced to
apply only during the season of actual canning, while before and
after that season usual factory regulations of 9 hours daily, 50 hours
weekly, and no work between 6 p. m. and 6 a. m., were to be in force.
No changes were made in 1927.

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DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN

1928, 1929, 1930,
1931
Bean, cherry, strawberry,
[etc.] canning.

Industrial commission orders.

Seasons of 1928 to 19~1

The regulations of 1926 and 1927 were unchanged in 1928 but were
extended to apply also to factories canning strawberries. No changes
have been made since 1928.
NIGHT-WORK LAWS 1
1911
Manufacturing, mercantile, etc.

Session laws 1911, ch. 548.

July 6, 1911

The act of 1911 that limited the daily and weekly hours of women
employed in any manufacturing, mechanical, or mercantile establishment, laundry, restaurant, confectionery store, or telegraph or telephone office or exchange, or by any express or transportation company, also provided that work done between 8 p. m. and 6 a. m. on
more than 1 night a week must not exceed 8 hours a night or 48 a
week. An allowance of 1 hour was required for meals. Violation
was a misdemeanor and subject to a fine of $5 to $100.
1913
Manufacturing, mercan tile, etc.

Session laws 1913, ch. 381, J une

4, 1913; ch. 588, sec. 2394-70, June f"I, 191~

The act of 1913 continued the night-work provisions of 1911 but
authorized the industrial commission to further regulate night work
as well as daily and weekly hours. [N OTE.-See hour laws, 1913, pp.
154-155, for provisions of this act.]
1917
Manufacturing, laundry.

Industrial commission order N o. 1.

July 29, 1911

The first general order of the industrial commission prohibited the
employment of women in manufactories and laundries between 6
p. m. and 6 a. m. Pea canneries, however, were exempt.
1917
Condenseries.

Industrial commission order.

Dec. 30, 1911

Shortly after order No. 1 was issued the commission issued a special order allowing women in condenseries to work until 7 o'clock on
Saturday evening providing they did not work on the following Sunday and providing their hours did not exceed the legal limits of 10
a day and 55 a week.
1917
Mechanical, mercantile, etc.

Industria l commission orders NotJ. !, ~-

July 29, 1911

Any work done in mechanical or mercantile establishments, restaurants, confectionery stores, telegraph or telephone offices or exchanges, or express or transportation establishments between 6.30
p. m. and 6 a. m., was defined in order s Nos. 2 and 3 of the industrial
commission as night work that should not exceed 8 hours a night or
48 hours a week. "'\Vork after 6.30 on only 1 night a week was, however, not to be considered night work.
1918
Street railways.

Industria l commission order N o. 4.

J une 6, 1918

This order prohibited the employment of women as conductors,
motormen, or fl agmen by street-car lines between 5 p. m. and 8 a. m.
jn cities of the first class, and between 5 p. m. and 6 a. m. elsewhere
in the State.
3 RPe discussion of ordp11•s fo r pea canning and bean, cherry, corn, st rawberry, and tomato
canning (pp. 156 to 160) for night-work regulations in these industries.

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WISCONSIN
1918

Pharmacist■•

Industrial commtssion order No. G.

161
Oct. 9, 1918

Registered women pharmacists and r egistered assistant pharmacists were exempted in this order from all hour regulations.
1923
Hotels.

Session laws 1923, ch. 117.

May 15, 19M

An act of 1923 limits the work of women in hotels to 9 hours a
night and 54 hours a week and defines night work as the period of
employment between 9 p. m. and 6 a. m. The law exempts hotel
hours from regulation by the industrial commission.
1923
Manufacturing, mercantile, etc.

Session laws 1923, ch. 449, July St, 1923; ch. 185, Sept. 1, 1923

In revising the schedule of hours of work for women in 1923
the act that was to become operative September 1 changed the weekly
limit for night work from 48 to 50 hours. To correct this and other
-errors another act was passed, to become effective July 31, which
changed the 50 hours a.gain to 48.
1923
Manufacturing, laundry.

Industrial commission order No. 1, amended.

Sept. 1, 1928

Order No. 1 as amended in 1923 no longer specifies exemption for
pea canneries, their hours being governed by special orders. ( See
pp. 156 to 158.) Otherwise the order is unaltered.
1923
Mechanical, mercan tile, etc.

Industrial commission orders Nos. :I!, S, aniended.

Sept. 1, 191!3

Under the terms of these 2 orders as amended, night-work regulations for women in mechanical or mercantile establishments, confectionery stores, telegraph or telephone offices or exchanges, express or
transportation establishments, are unchanged, but night work in restaurants is now defined as work between 8 p. m . and 6 a. m. It still
is limited to 8 hours a night and 48 hours a week and work after 8
o'clock 1 night each ·week is not considered night work.
1924
Condenscries.

Industrial commission order.

J une 18, 192•

In 1924 the request of several condenseries for modification of the
statutory schedule of hours was refused by the industrial commission
and the order of 1917 for condenseries was revised to accord with
the law of 192,3. As unde1· the earlier order, women can be employed
until 7 p . m. on Saturday if they do not work the following Sunday
and if they do not work in excess of the number of hours specified in
the act of 1923-i. e., 9 hours daily, 50 hours weekly-----except, as provided in the act, under certain conditions during emergency periods
of not more than 4 weeks.
1925
Hotels .

Session laws 1925, ch. 27.

Mar. 28, 1925

The revision of 1925 clarified but did not change the provisions of
the earlier law regulating night work in hotels.
1931
Hotels.

Session laws 1931, ch. 235.

June 14, 1931

The penalty provision of the general hour law of 1913, by this
amendment, is made to apply in case of violation of the law regulating
night work in hotels.

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DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN

PROHIBITORY OR REGULATORY LAWS
9
Mine!, !!arries.

Session laws m11, ch. 479, sec. 17!8( (!!), 1't28h.

June SO, 1911

Legislation of 1911 prohibited the employment of women in or
about any mine or quarry. Violation is punishable by a fine of $25
to $100 for each offense, or imprisonment for not more than 30 days.
1913
Any employment.

Session laws 1913, ch. 1,66.

June 1"1, 1913

Legislation of 1913 gave the industrial commission power to prohibit other employments than that in mines and quarries in the interests of the life, health, safety, or welfare of women, but this power
has never been exercised as far as adult women are concerned.
1915
Mines, quarries.

Session laws 1915, ch. I,!1.

July l!S, 1915

Penalties for violation of the law forbidding employment in mines
and quarries were changed in 1915 to $10 to $200 for each offense, or
imprisonment for not longer than 30 days.
1921
Mines, quarries.

Session laws 1921, ch. 434, sec. 1"/f!Be.

June 80, 19'21

The maximum fine for violation of this law was reduced in 1921
to $100.
SEATING LAWS
1899
Manufacturinir, mercantile.

Sessfon laws 1899, ch. 77.

Mar. 81, 1899

Legislation of 1899, still in effect, requires employers in manufacturing, mechanical, or mercantile establishments to provide suitable
seats for their women employees and to permit the use of such seats
when the women are not necessarily engaged in the active duties for
which they are employed. Violation is a misdemeanor punishable
by a fine of $10 to $30 for each offense.
EQUAL-RIGHTS LAW
1921

Session laws 19'21, ch. 529.

July 15, 19'21

In 1921 the legislature passed an act declaring that women should
have the "same rights and privileges under the law as men in the
exercise of suffrage, freedom of contract, choice of residence for voting purposes, jury service, holding office, holding and conveying
property, care and custody of children, and in all other respects."
The various courts, executive and administrative officers, were empowered to construe the statutes where the masculine gender is used
to include the feminine gender, " unless such construction will deny
to females the special protection and privileges which they now
enjoy for the general welfare." Because of this proviso the labor
laws have not been affected by this act, which also provides that jury
service for women shall be optional.

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WYOMING
HOUR LAWS
1915
Manufacturlnr, mercantile, etc.

Session laws 1915, ch. 45.

Feb. ts, 1911

In 1915 Wyoming enacted its first law regulating women's hours
of work. This act covered manufacturing, mechanical, mercantile,
printing, baking, laundering, and canning establishments, hotels,
telephone exchanges, restaurants, theaters, and places of public
amusement, and provided maximum hours of 10 a day or 56 a week.
The 10 hours were to be worked within a 12-hour period, and not
more than 2 days of 10 hours were to be included in any 1 week. The
law provided further that not more than 6 hours should be worked
continuously without rest and that the lunch period should be not
less than half an hour nor more than 2 hours. Telephone offices or
exchanges employing not more than 3 women, and hotels and restaurants operated by railroad companies, were -exempt from the law.
Violation of any of these provisions was a misdemeanor and each
violation was a separate offense, punishable by a fine of $25 to $100,
or imprisonment for 30 to 90 days, or both fine and imprisonment.
1917
Manufacturine-, mercantile, etc.

Session law s 191:1, ch. 106.

Mar. 1, 1911

Through amendment in 1917 the law did not apply to any telephone exchange, of whatever size, and no exempt10n was made, as
in 1915, for hotels and restaurants operated by railroad companies.
The daily limit remained unchanged, although the total spread was
no longer limited to 12 hours, but 2 weekly limits were provided, 1
of 52 hours for women working 6 days a week and 1 of 60 hours for
women working 7 days a week. No allowance was made for the
lunch period, nor was the number of 10-hour days to be worked in
any 1 week specified. The penalty clause was changed by failure to
specify a minimum fine or period of imprisonment. Each and every
day's violation constituted a separate offense.
1923
Manufacturinr, mercantile, etc.

Session laws 1923, ch. 62.

Mar. 1, 1923

A law enacted in 1923, repealing that of 1917, provides a maximum
8½-hour day and a 56-hour week for women employed in any manufacturing, mechanical, or mercantile establishment, laundry, hotel,
public lodging house, apartment house, place of amusement, restaurant, telephone or telegraph establishment or office, or by any express.
or transportation company.
Exemption is allowed to nurses in training in hospitals, in the harvesting, curing, canning, or drying of any variety of perishable fruits
or vegetables, and also, as in 1915, to telegraph or telephone offices
or exchanges in which 3 or fewer women are employed. The law
states further that nothing it contains forbids the employment of a
woman where an emergency exists or unusual pressing business
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demands. Overtime, however, must be paid £or at the rate of not less
than time and one-half. Posting of the act in each room where
women work is required.
Violation constitutes a misdemeanor, punishable for the first offense by a fine of $25 to $50, and for the second offense by a fine of
$100 to $250, or imprisonment for not more than 60 days, or both
fine and imprisonment.
1929
Manufacturing, mercantile, etc.

Session laws 1929, ch. 13.

June 1, 1929

Amended in 1929 the hour law now omits the words "or unusual
pressing business or necessity demands it" and requires posting of
the act in each establishment where women work instead of in each
room.
PROHIBITORY OR REGULATORY LAWS
1890
Mines.

Session laws 1890, ch. !O.

Dec. 31, 1890

The law of Wyoming prohibiting the employment of women "in
or about any coal, iron, or other dangerous mine, or underground
works or dangerous place whatsoever," except in an office or in the
performance of clerical work, was enacted in 1890.
Violation is punishable by a fine of $25 to $100, to which may be
added imprisonment for not more than 6 months.
SEATING LAWS
1901
Manufacturing, mercantifo.

S ession laws 1901, ch. 33.

Feb. 13, 1901

The ,vyoming seating law was enacted in 1901. It required that
in manufacturing, mechanical, or mercantile establishments suitable
seats should be provided. for women employees and their use permitted when the women were not necessarily engaged in the active
duties of their employment.
Violation was a misdemeanor punishable by a fine of $10 to $30
for each offense.
1923
Manufacturing, mercantile, etc.

Session laws 1923, ch. 62, sec.

Mar. 1, 19!3

_ In 1923 the law was amended to cover not only manufacturing,
mechanical, and mercantile establishments, but laundries, hotels, restaurants, or other establishments employing women.
Violation, a misdemeanor, now is punishable for the first offense
by a :fine of $25 to $50, and for the second offense by a fine of $100 to
$250, or imprisonment for not more than 60 days; or both fine and
imprisonment.

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SUMMARY OF CURRENT LAWS FOR WOMEN, DECEMBER 31, 1931
LAWS REGULATING THE LENGTH OF THE WORKING DAY OR WEEK

Only four States in the United States-Alabama, Florida, Iowa,
and West Virginia-have no law of any sort regulating the hours
of work for women. Indiana has but one limitation of hours-that
prohibiting the employment of women at night in manufacturing.
All the other States either have definitely forbidden the employment of women for more than a certain number of hours a day or
week or have penalized all employment beyond certain specified
hours by providing that it must be paid for at an increased rate.
No State has regulated each industry or occupation by the passage
of all types of hour laws discussed in the following paragraphs.
States that regulate daily hours often fail to limit the number of
weekly hours, to provide for 1 day of rest in 7, meal periods or rest
periods, or to prohibit night work. Few States have all types of
laws. In California, Delaware, Kansas, and Pennsylvania there are
laws of these various kinds covering manufacturing establishments.

Eight-hour laws.
The shortest period to which hours of work are limited is 8 hours
a day, set by the laws of 10 States-Arizona, California, Colorado,
Kansas, Montana, Nevada, New Mexico, New York, Utah, and
vVashington-and the District of Columbia. The number of industries or occupations included in these laws varies greatly.
California has the most inclusive legislation. An act of the legislature in that State limits the hours of work strictly to 8 a day and
48 a week in any manufacturing, mechanical, or mercantile establishment or industry, laundry, hotel, public lodging house, apartment
house, hospital, barber shop, place of amusement, or restaurant, or
telephone or telegraph establishment or office, or the operation of
elevators in office buildings, or any express or transportation company. Iri addition to the industries and occupations covered by this,
the hours of work in a number of other industries and occupations
have been limited by orders of the industrial welfare commission.
Certain of these orders set a 6-day week and limit to 8 a day and 48
a week the hours of women employed in the dried,fruit-packing industry, in the nut-cracking and sorting industry, as labelers in the
fruit and vegetable canning industry, as labelers or office workers in
the fish-canning industry, and as office workers in the citrus packing
and green fruit and vegetable packing industries. Other orders
permit women in hotels and restaurants and in uncla~sified occupations who work 6 hours a day or less to work 7 days a week; and
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still others require increased rates of pay for all hours worked beyond the prescribed limits or on the seventh day of the week in the
fruit and vegetable canning and packing industries, the fish-canning
industry, and by specified groups in the motion-picture industry.
Thus by a combination of methods of legislation California limits
the hours of work for practically all women workers except agricultural and general and professional office workers, graduate nurses
in hospitals, and domestic servants.
Although the States in the group under discussion limit daily
hours uniformly to 8, the number of hours a week that a woman may
work varies. Arizona, California, Kansas, Utah, and the District of
Columbia allow only 48 hours of work a week. Nevada allows 56
hours and New Mexico 48 and 56 hours. New York also limits the
week to 48 hours, but permits an alternative schedule of 9 hours a
day and 49½ hours a week with an overtime provision that, in factories, may extend the week to 51 hours. Colorado, Montana, and
Washington have no weekly limit.

Eight-and-a-half-hour laws.
North Dakota and Wyoming, by acts of the legislatures, provide
for a working day of 8½ hours in specified industries and occupations. The North Dakota law applies only to towns of 500 or more
population and limits the ·weekly hours to 48. The Wyoming law
covers the whole State but allows a working week of 56 hours.
Nine-hour laws.
Eighteen States-Arkansas, Idaho, Kansas, Louisiana, Maine,
Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Mexico,
New York, North Dakota, Ohio, Oklahoma, Oregon, Texas, and
Wisconsin-limit to 9 hours the working day of women in specified
industries or occupations. Two of these States--Massachusetts and
Oregon-limit the weekly hours to 48. Kansas allows 49½ hours
a week in laundries and factories and 54 hours a week in mercantile
establishments. Ohio and Wisconsin allow 50 working hours a week,
New Mexico allows 56 hours, North Dakota 54 hours in mercantile
and 58 hours in public housekeeping establishments in towns of
under 500 population, Idaho sets no weekly limit, and the remaining
States allow 54 hours a week.
Minnesota, though many of its women workers are limited to 9
hours a day, includes a greater number under a 10-hour law.
Ten-hour laws.
In the 10-hour group are found the St ates of Connecticut, Delaware, Illinois, Kentucky, Maryland, Minnesota, Mississippi, New
Jersey, New Me:xico, Oregon, Pennsylvania, Rhode Island, South
Dakota, Virginia, and ·Wisconsin, 15 in all. 1 The weekly hours show
considerable variation. New Jersey, Pennsylvania, Rhode Island,
and South Dakota have the shortest limit, 54 hours a week. Connecticut, Delaware, and Wisconsin allow 55 hours ; Minnesota permits 58
hours ; Kentucky, Mary land, Mississi ppi,2 and New Mexico, 60 hours;
1 Georgia and South Carolina in addit ion have 10-hour laws, but these apply to rrren and
women alike.
..-1
2 Mississippi bas an a dditiona l law applying to men and women in manufacturing e.ntl
limiting hours to 10 a day, 60 a week.

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Illinois, Oregon,3 and Virginia fix no weekly limit. Three of these
States-New Mexico, Oregon, and Wisconsin-limit the hours of the
majority of their women workers to less than 10 a day and include
only a few groups in their 10-hour laws.

Ten-and-a-quarter, ten-and-a-half, eleven, and twelve hour laws.
In this miscellaneous group of laws are found the States of New
Hampshire, permitting a 10¼-hour day and a 54-hour week; Vermont, a 10½-hour day and a 56-hour week; Tennessee, a 10½-hour
day and a 57-hour week; North Carolina, an 11-hour day and a 55hour week in factories and mills; and South Carolina, a 12-hour day
and a 60-hour week in mercantile establishments.
Weekly hour laws.
Six States-Connecticut, Louisiana, Maine, Minnesota, New York,
and Oregon-have legislation supplementing the laws regulating
both daily and weekly hours and limiting only the weekly hours
for certain other industries or occupations. For these weekly limits
Connecticut and Minnesota specify 58 hours; Maine and New York,
54 hours; Louisiana, 60 hours; Oregon, 56 hours in one occupation
and 48 hours in another.
Summary of laws limiting daily and weekly hours.
In all, 43 States have laws that limit the number of hours that
a woman may work. In many States, however, the number of
industries or occupations coming under the law is so small as to
affect only a small proportion of all working women in the State.
A comparison of the laws will show that generally the States that
have the shortest working · day and week are also the States that
place the greatest number of industries or occupations under the
provisions of the law.
LAWS PROVIDING FOR A DAY OF REST, ONE SHORTER WORKDAY,
TIME FOR MEALS, AND REST PERIODS

Nineteen States and the District of Columbia have further regulated the hours of working women by providing for breaks in their
employment periods. These laws supplement the legislation on the
length of the working day and week.

Day of rest, one shorter workday.
Thirteen of these States-Arizona, Arkansas, California, Connecticut, Delaware, Kansas, New Jersey, New York, North Dakota,
Ohio, Oregon, Pennsylvania, and Washington-and the District of
Columbia have limited the number of days that a woman m.ay work
in succession, in the majority of cases to 6 days out of 7. In two
States 1 shorter workday in addition to the day of rest is a specific
requirement. In New York a short day of not more than 4½ hours
is obligatory except under the provision for an 8-hour day, 48-hour
week. Oregon requires 1 shorter day in each 2 weeks in the tele3 Another Oregon l aw applies to all employees in mills, factories . ancl manufacturing
establishments. It provides a 10-hour day but allows 3 hours' overtime daily if time and a
halt is paid.

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phone industry outside of Portland. Under the hour l~ws of a few
States 1 shorter day is optional through provisions allowing daily
overtime if the maximum weekly hours are not exceeded and theweek does not exceed 6 days. In some States 1 shorter day follows
of necessity if the maximum daily hours prescribed in the law areworked-for example, in Ohio, whose law allows 9 hours a day but,
not more than 50 hours and 6 days a week.

Time for meals.
Thirteen States-Arkansas, California, Delaware, Kansas, Louisiana, Massachusetts, Minnesota, New York, North Dakota, Ohio,
Pennsylvania, Washington, and Wisconsin-have provided that a
period of time, varying from 30 minutes to 1 hour, must be allowed
for meals.
Rest periods.
Twelve States-Arkansas, California, Delaware, Kansas, Maine,
Maryland, Massachusetts, North Dakota, Oregon, Pennsylvania 1
Washington, and Wisconsin-and the District of Columbia haveruled that a woman may work only a fixed number of hours, usually
5 or 6, without a meal period or a rest period of some sort.
Summary.
A great many of the States that have laws limiting the total number of hours that a woman may work per day or per week have not
provided for any breaks in her employment. Only 19 States and the
District of Columbia have provided that women must have a day of
rest, or 1 shorter workday, or time for meals, or rest periods.
In the States that have industrial commissions the orders for rest
periods, a day of rest, and time for meals generally have been issued
for specific industries or occupations and have considered the special
conditions that apply to each case. For example, Oregon considers
the work in the telephone industry in the large city of Portland as
distinct from that in the State at large, and provides for 1 day of rest
in 7 in Portland, but only for 1 day of rest and 1 shorter day of 6
hours in every 14 days for the State at large. In California, Oregon,
and Washington the industrial welfare commission orders provide
the only form of regulation coverip.g rest periods, time for meals,
or 1 day's rest in 7, although daily or weekly hours are fixed by
acts of the legislature.
NIGHT-WORK LAWS

Sixteen States-California, Connecticut, Delaware, Indiana, Kansas, Massachusetts, Nebraska, New Jersey, New York, North Dakota,
Ohio, Oregon, Pennsylvania, South Carolina, Washington, and " Tisconsin-prohibit night work for women in certain industries or occupations. The laws of three of these States-Indiana, Massachusetts,
and Pennsylvania-cover only manufacturing, and in South Carolina the law covers only mercantile establishments. In Ohio
and in Washington only one very small group is covered, ticket sellers
in Ohio and elevator operators in ·washington. In the remaining
10 States 2 or more industries or occupations are included. Maryland and New Hampshire limit the hours that a woman may work at

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SUMMARY OF CURRENT LAWS FOR WOMEN

169

night to 8, although Maryland allows women to work 10 hours and
New Hampshire 10¼ hours during the day. Delaware, Kansas, and
Wisconsin, in addition to prohibitmg work at night in some occupations, limit the night hours in certain other occupations.
The most common period during which night work is prohibited is
from 10 p. m. to 6 a. m. A few of the States set only an evening
limit after which work is not permitted and 1 State-North Dakotaprohibits work in 1 industry before 6 a. m. The longest period of
time during which night work is prohibited is from 6 p. m. to 6 a. m.,
the condition in textile manufacturing in Massachusetts and in factories and laundries in Wisconsin. Not only is night-work legislation
found in a much smaller number of States than is legislation limiting the daily and weekly hours of work, but in many States that
have both types of legislation the night-work laws cover a much
smaller group of industries or occupations.
PROHIBITORY OR REG ULATORY LAWS

A limited number of employ1nents are prohibited to women by
legislation. Most of these are concentrated in the laws of a few
States, and many are prohibited or regulated in not more than 1
State. Many of the States have only a single prohibition or regulation.
CONSIDERED BY STATE

No prohibition or regulation.
Twenty-two States and the District of Columbia have no legislation
reO'ulating the conditions under which women may work at any specific occupation or excluding them from employment at any occupation in any industry. These States are Delaware, Florida, Georgia,
Idaho, Iowa, Kansas Kentucky, Maine, Mississippi, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, North
Dakota, Rhode Island, South Carolina, South Dakota, Tennessee,
Texas, and West Virginia. Two of these States-Kansas and North
Dakota-have blanket laws, declaring it unlawful to employ woman
under detrimental conditions, but no employment is named in the
acts and none is specified by any authorized agencies.
One prohibition or regulation.
The list of 13 States having a single prohibition or regulation comprises Alabama, Arkansas, Illinois, Indiana, Maryland, Virginia,
and Wyoming-seven in all-prohibiting only work in mines; Oregon, prohibiting· messenger service; Connecticut and Vermont, requiring specified unemployed periods for women workers before and
after childbirth; Louisiana,, forbidding the cleaning of moving machinery; California, prohibiting the lifting or carrying of heavy
weights, thereby regulating the conditions under which women work;
and Michigan, with its law relating to work on moving abrasives,
which, however, because of ambiguous wording, has never been enforced and is considered a dead letter.
Prohibition or regulation in one State.
Prohibitions or regulations occurring in only one State are 23
in number. They include in Oregon, messenger service; in Colo948720-s2-12

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rado, work in coke ovens; in Ohio, work as crossin~ watchman, express driver, molder, taxi driver,4 jitney driver, freight or baggage
elevator operator, baggage handler, freight handler, and workers -in
blast furnaces, shoe-shining parlors, bowling alleys, and pool rooms,
and in delivery service; and in Pennsylvania, electric, acetylene, oxyhydrogen, or other forms of welding and cutting ( except certain
operations under specified conditions), handling nitrators in the
manufacture of nitroglycerine, taking down blue beds after the
process of lead corroding, setting up blue beds in the corroding
stacks of the Old Dutch process ( unless such buckles or lead plates
are used as have not previously been corroded), operating cranes,
and work for railroad corporations as messengers calling train crews.
Minnesota prohibits the oiling of moving machinery and Missouri
says that no woman shall work between the fixed and traversing or
the traversing parts of any machine in motion by the action of any
mechanical power except the machine she is operating. In New
York, employment in the basements of mercantile stores and restaurants may be allowed by the commissioner of labor only if the basements are sufficiently lighted, ventilated, and sanitary.

Prohibition in two States.
Work in the manufacture of nitro and amido compounds and the
handling of any dry substance or dry compound containing lead in
excess of 2 per cent are prohibited in New Jersey and Pennsylvania;
work in smelters is prohibited in Ohio and Utah; trucking, section
work on railroads, and employment as gas or electric meter reader
are l?rohibited in Ohio and Pennsylvania; and employment as bell
hop 1s forbidden in Ohio and Washington.

Prohibition or regulation in three States.
Work on certain kinds of moving abrasives is prohibited in New
York and Ohio, though wet grinding may be permitted in New York.
Michigan also has such a law, but because of ambiguity in wording
it has never been enforced. The cleaning of moving machinery is
prohibited in Louisiana, Minnesota, and Missouri.

Prohibition or regulation in five States.
Lifting or carrying heavy weights ( other than in core rooms) is
prohibited in California, Massachusetts, Ohio, Pennsylvania, . and
Washington; work in quarries is prohibited in Arizona, New York,
Ohio, Oklahoma, and Wisconsin; and core making is regulated in
Massachusetts, Minnesota, New York, Ohio, and Pennsylvania.

Prohibition in six States.
Employment for certain periods before and after childbirth is
prohibited in Connecticut, Massachusetts, Missouri, New York,
Vermont, and Washington.
'On Mar. 2, 1928, the prohibition of taxicab driving was declared in a county court of
Ohio to be unconstitutional.

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SUMMARY OF CURRENT LAWS FOR WOMEN

171

CONSIDERED BY CHARACTER OF PROHIBITION OR REGULATION

Mining.
Mining as an occupation for women. is prohibited in Alabama,
Arizona, Arkansas, Colorado, Illinois, Indiana, Maryland, Mi;;,:Souri,
New York, Ohio, Oklahoma, Pennsylvania, Utah, Virginia, Wa:Shington, vVisconsin, and Wyoming-17 States in all. In 7 of the8e
States, as already indicated, all other occupations are open to women;
in Colorado only one other occupation, work in coke ovens, is prohibited; and in Arizona, Oklahoma, and Wisconsin work in quarries ·
is the only other prohibited employment.
Lifting or carrying heavy weights.
In California, Massachusetts, Ohio, Pennsylvania, and Washington women may not perform tasks that involve the lifting or carrying of heavy weights. In California boxes, baskets, or other receptacles weighing, with their contents, 50 pounds or more must have
pulleys, casters, or other contrivances so that they may be easily
moved. This regulation applies to mills, workshops, restaurants,
packing, canning, or mercantile establishments, or any other establishments employing women. Massachusetts has a law similarly
worded that designates 75 pounds as the maximum weight. This law
applies to manufacturing or mechanical establishments. The law in
California also provides specifically against the carrying of any box,
tray, or other receptacle weighing, with its contents, 10 pounds or
over, up or down any stairway or series of stairways that rise more
than 5 feet from the base. Another California regulations applies to
any occupation, trade, or industry, except the motion-picture indus ..
try, and specifies 25 pounds as the maximum weight to be lifted or
carried.
In the State of Washington, women in manufacturing and mercantile establishments are not allowed to lift or carry " an excessive
burden." In Pennsylvania the industrial board has ruled that
women shall not be required or allowed to lift heavy weights in explosive plants and that women working at permitted welding and
cutting operations shall not be required or allowed to lift any material weighing more than 15 pounds. Ohio prohibits employment
requiring the frequent or repeated lifting of weights in excess of
25 pounds.
Core-room regulations.
Regulations regarding the work of women in core rooms have been
set up by 5 States-Massachusetts, Minnesota, New York, Ohio,
and Pennsylvania. Minnesota prohibits women from placing cores
in ovens or taking them out. Minnesota and New York prohibit the
making or handling of cores the weight of which, including core box
and plate, exceeds 25 pounds; and a restriction of the same sort in
Pennsylvania regarding the making or handling of cores specifies
15 pounds as the maximum weight. Massachusetts forbids the lifting
of any core or cores upon one plate with total cubical contents of
more than 1 cubic foot, or total weight of more than 25 pounds,
unless assisted by mechanical appliances that limit to 25 pounds the

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physical effort involved. Massachusetts also requires that no woman
shall work on any core with total cubical contents exceeding 2 cubic
feet, oi' with total weight, including plate and core box or boxes,
exceeding 60 pounds. Ohio provides that women employed in core
rooms shall not lift any object weighing more than 25 pounds unless
·m echanical means are used that limit the physical effort to 25
pounds. In New York, Ohio, and Pennsylvania women are not
permitted to handle cores having a temperature of more than 110° F.
Massachusetts, New York, Ohio, and Pennsylvania all require
- specially constructed partitions between rooms in which core ovens
are located and rooms where cores are made by women , if the making
and the baking of cores are simultaneous operations. Furthermore,
all openings in the partitions must be vestibuled with some selfclosing device that will effectually trap gases, fumes, and smoke.

Employment before and after childbirth.
Connecticut, Massachusetts, Missouri, New York, Vermont, and
W ashington-6 States in all-have legislation prohibiting the employment of women immediately before and after childbirth. In
Massachusetts and Vermont the period during which women shall
not be r equired to work is 2 weeks before and 4 weeks after childbirth; in Connecticut it is 4 weeks before and 4 weeks after; in
Missouri, 3 weeks before and 3 weeks after; in New York, 4 weeks
after ; and in vV ashington, 4 months before and 6 weeks after.

~lanket prohibition.
There are several States-Kansas, Michigan, North Dakota, Oregon, Washington, and W isconsin-whose laws in general terms prohibit the employment of women under detrimental conditions. 5 In
Kansas women may not work in any industry or occupation "under
conditions of labor detrimental to their health or welfare"; the
North Dakota, Oregon, and vVashington laws are the same with
the substitution of '' morals " for " welfare "; Michigan provides
that no woman "shall be given any task, disproportionate to her
strength, nor shall she be employed in any place detrimental to her
morals, her health, or her potential capacity for motherhood ";
and Wisconsin says that no woman shall be employed in any place
or at any employment dangerous or prejudicial to her life, health,
safety, or welfare.

Summary.
In 22 States and the District of Columbia there are no prohibitory
or regulatory laws regarding the employment of women in any
:Specific occupation. One prohibition or regulation only exists in each
-0£ 13 States; 2 exist in each of 6 States; 3 in each of 2 States; 4 in
,each of 2 States; and in 3 States, respectively 6, 13, and 23 prohibitions or regulations are in force.
The occupation from which women are most commonly excluded
by law is mining, which is prohibited in 17 States, 7 of which have
established no other legal bars to women's employment. Two States
only have long lists of occupations at which women are not permitted
6 Colorado's minimum-wage law, Inoperative through lack of a pprorriation, also has a
provision of this type. (Compiled laws 1921 rPub. 1922], sec. 4625.

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SUMMARY OF CURRENT LAWS FOR WOMEN

173

to work and in most of which women in all other States are legally
free to engage. In all, 37 prohibitions or regulations have been set
up by law in 26 States, and of these 23 are concentrated in Ohio,
Pennsylvania, and New Jersey-13 in Ohio only, 5 in Pennsylvania
only, 3 in both Ohio and Pennsylvania, and 2 in both New Jersey and
Pennsylvania. The remaining 14 prohibitions or regulations are
scattered over 25 States.
SEATING LAWS

Practically all the States and the District of Columbia have laws
that require some kind of seating accommodations for women workers. In fact, only one State-Mississippi-is without any law of
this kind. 6 In many of the States the laws apply to all or practically all occupations or industries~ in a number fo manufacturing
·and mercantile establishments~ and in a few-Alabama, Maryland,
North Dakota, and South Carolina-only to mercantile occupations.
Most of the States specify that " suitable " seats shall be provided, some designate "chairs, stools, or other contrivances," a few
provide that the seats may be permanent fixtures 'so adjusted as not
to obstruct the work. One State, however-Kentucky-says that
seats that fold are not a compliance with the law. Regulations in
four States--Kansas, Minnesota, New York, and Ohio-specify seats
with backs; California, Kansas, and Washington require foot . rests,
the first and last named stipulating individually adjustable foot
rests; and the same two States-California and Washington-require adjustable seats at w~rktables or machines to permit the position of the worker relative to her work to be substantially the same
whether she is seated or standing.
Many of the laws do not specify the number of seats to be provjded, a few designate a" reasonable" or" sufficient" number, others
require seats for al~ female employees or 1 seat for every 2 or 3
workers.
The laws vary little as to the extent to which the seats may be
used. By far the majority of the laws provide that employees be
permitted to sit when not actively engaged in their duties or when
sittin~ does not interfere with the proper discharge of duties. Others
specify that the seats may be used as may be necessary, or to such extent as may be reasonable, or necessary, for the preservation of
health.
8

Florida's law applying to mercantile and "other business pursuits" covers both male

and female employees.

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PUBLICATIONS OF THE WOMEN'S BUREAU
[Any of these bulletins still available will be sent free of charge upon request]

•~fo. 1. Proposed Employment of Women During the War in the Industries of
Niagarn Falls, N. Y. 16 pp. 1918.
*No. 2. Labor Laws for Women in Industry in Indiana. 29 pp. 1919.
No. 3. Sta..ndards for the Employment of Women in Industry. 8 pp. Fourth
ed., 1928.
No. 4. Wages of Candy Makers in Philadelphia in 1919. 46 pp. 1919.
•No. 5. The Eight-Hour Day in Federal and State Legislation. 19 pp. 1919.
No. 6. The Employment of Women in Haz.a rdous Industries in the United
States. 8 pp. 1921.
No. 7. Night-Work Laws in the United States. (1919.) 4 pp. 1920.
•No. 8. Women in the Government Service. 37 pp. 1920.
~No. 9. Home Work in Bridgeport, Conn. 35 pp. 1920.
*No.10. Hours and Conditions of Work for Women in Industry in Virginia.
32pp. 1920.
No.11. Women Street Car Conductors and Ticket Agents. 90 pp. 1921.
_.. No.12. The New Position of Women in American Industry-. 158 pp. 1920.
•No. 13. Industrial Opportunities and Training for Women and Girls. 48 pp.
1921.
*No.14. A Physiological Basis for the Shorter Working Day for Women. 20 pp.
1921.
No.15. Some Effects of Legislation Limiting Hours of Work for Women.
26 pp. 1921.
No. 16. ( See Bulletin 98.)
No.17. Women's Wages in Kansas. 104 pp. 1921.
No.18. Health Problems of Women in Industry. 6 pp. Revised, 1931.
No. 19. Iowa Women in Industry. 73 pp. 1922.
•No. 20. Negro Women in Industry. 65 pp. 1922.
No. 21. ·women in Rhode Island Industries. 73 pp. 1922.
*No. 22. Women in Georgia Industries. 89 pp. 1922.
No. 23. The Family Status of Breadwinning Women. 43 pp. 1922.
No. 24. Women in Maryland Industries. 96 pp. 1922.
No. 25. Women in the Candy Industry in Chicago and St. Louis. 72 pp. 1923.
No. 26. Women in Arkansas Industries. 86 pp. 1923.
No. 27. The Occupational Progress of Women. 37 pp. 1922.
No. 28. Women's Contributions in the Field of Invention. 51 pp. 1923.
No. 29. Women in Kentucky Industries. 114 pp. 1923.
No. 30. The Share of Wage-Earning Women in Family Support. 170 pp. 1923.
No. 31. What Industry Means to Women Workers. 10 pp. 1923.
No. 32. Women in South Carolina Industries. 128 pp. 1923.
No. 33. Proceedings of the Women's Industrial Conference. 190 pp. 1923.
No. 34. Women in Alabama Industri~s. 86 pp. 1924.
No. 35. Women in Missouri Industries. 127 pp. 1924.
No. 36. Radio Talks on Women in Industry. 34 pp. 1924.
No. 37. Women in New Jersey Industries. 99 pp. 192'4.
No. 38. Married Women in Industry. ~ pp. 1924.
No. 39. Domestic Workers and Their Employment Relations. 87 pp. 1924.
No. 40. ( See Bulletin 98.)
No. 41. Family Status of Breadwinning Women in Four Selected Cities.
145 pp. 1925.
No. 42. List of References on Minimum Wage for Women in the United States
and Canada. 42 pp. 1925.
No. 43. Standard and Scheduled Hours of Work for Women in Industry.
68 pp. 1925.

• Supply exhausted.

174

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PUBLICATIONS OF THE WOMEN 's BUREAU

175

No. 44. Women in Ohio Industries. 137 pp. 1925.
No. 45. Home Environment and Employment Opportunities of Women in CoalMine Workers' Families. 61 pp. 1925.
No. 46. Facts About Working Women-A Graphic Presentation Based on
Census Statistics. 64 pp. 1925.
No. 47. Women in the Fruit-Growing and Canning Industries in the State of
Washington. 223 pp. 1926.
'No. 48. Women in Oklahoma Industries. 118 pp. 1926.
No. 49. Women Workers and Family Support. 10 pp. 1925.
No. 50. Effects of Applied Research Upon the Employment Opportunities of
.
American Women. 54 pp. 1926.
No. 51. Women in Illinois Industries. 108 pp. 19'26.
No. 52. Lost Time and Labor Turnover in Cotton Mills. 203 pp. 1926.
No. 53; The Status of Women in the Government Service in 1925. 103 pp.
1926.
No. 54. Changing Jobs. 12 pp. 1926.
No. 55. Women in Mississippi Industries. 89 pp. 1926.
No. 56. Women in Tennessee Industries. 120 pp. 1927.
No. 57. Women Workers and Industrial Poisons. 5 pp. 1926.
No. 58. Women in Delaware Industries. 156 pp. 1927.
No. 59. Short Talks About Working Women. 24 pp. 1927.
No. 60. Industrial Accidents to Women in New Jersey, Ohio, and Wisconsin.
316 pp. 1927.
No. 61. The Development of Minimum-Wage Laws in the United States, 1912
to 1927. 635 pp. 1928.
No. 62. Women's Employment in Vegetable Canneries in Delaware. 47 pp.
1927.
No. 63. (See Bulletin 98.)
No. 64. The Employment of Women at Night. 86 pp. 1928.
'No. 65. The Effects of Labor Legislation on the Employment Opport_u nities
of Women. 498 pp. 1928.
No. 66-1. History of Labor Legislation for Women in Three States. 136 pp.
1932.
No. 66-11. Chronological Development of Labor Legislation for Women in the
United States. Revised, December, 1931. 176 pp. 1932.
No. 67. Women Workers in Flint, Mich. 80 pp. 1929.
No. 68. Summary: The Effects of Labor Legislation on the Employment Opportunities of Women. (Reprint of Chapter II of Bulletin 65.) 22 pp.
1928.
No. 69. Causes of Absence for Men and for Women in Four Cotton Mills. 24
pp. 1929.
No. 70. Negro Women in Industry in 15 States. 74 pp. 1929.
No. 71. Selected References on the Health of Women in Industry. 8 pp. 1929,
No. 72. Conditions of Work in Spin Rooms. 41 pp. 1929.
.
No. 73. Variations in Employment Trends of Women and Men. 143 pp. 1930.
No. 74. The Immigrant Woman and Her Job. 179 pp. 1930.
No. 75. What the Wage-Earning Woman Contributes to Family Support. 21
pp. 1929.
.
No. 76. Women in 5-and-10-cent Stores and Limited-Price Chain Department
Stores. 58 pp. 1930.
No. 77. A Study of Two Groups of Denver Married Women Applying for
Jobs. 11 pp. 1929.
No. -78. A Survey of Laundries and Their Women Workers in 23 Cities. 166
pp. 1930.
No. 79. Industrial Home Work. 20 pp. 1930.
No. 80. Women in Florida Industries. 115 pp. 1930.
No. 81. Industrial Accidents to Men and Women. 48 pp. 1930.
No. 82. The Employment of Women in the Pineapple Canneries of Hawaii.
30 pp. 1930.
No. 83. Fluctuation of Employment in the Radio Industry. 66 pp. 1931.
No. 84. Fact Finding with the Women's Bureau. 37 pp. 1931.
No. 85. Wages of Women in 13 States. 213 pp. 1931.

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176

DEVELOPMENT OF LABOR LEGISLATION FOR WOMEN

No. 86. Activities of the Women's Bureau of the United States. 15 pp. 1931.
No. 87. Sanitary Drinking Facilities, with Special Reference to Drinking Fountains. 28 pp. 1931. .
No. 88. The Employment of Women in Slaughtering and Meat Packing. 211
pp. 1932.
No. 89. The Industrial Experience of Women Workers at the Summer Schools,
1928 to 1930. 62 pp. 1931 .
No. 90. Oregon Legislation for Women in Industry. 40 pp. 1931.
No. 91. Women in Industry. A Series of Papers to Aid Study Groups. 79 pp.
1931.
No. 92. Wage-Earning Women and the Industrial Conditions of 1930. A Survey of South Bend. 84 pp. 1932.
No. 93. Household Employment in Phila delphia . 88 pp. 1932.
No. 94. State R equirements for Industrial Lighting. A Handbook for the
Protection of Women Workers, Showing Lighting Standards and
Practices. ( In press.)
No. 95. Bookkeepers, Stenographers, and Office Clerks in Ohio, 1914 to 1929.
34 pp. 1932.
No. 96. Women Office Workers in Philadelphia. 17 pp. 1932.
No. 97. The Employment of Women in the Sewing Trades of Connecticut-Preliminary Report. 13 pp. 1932.
·
No. 98. Labor Laws for Women in the States and Territories. (Revision of
Bulletin 63.) ( In press.)
No. 99. The Installation and Maintenance of Toilet Facilities in Places of
Employment. (In press.)
Pamphlet-Women's P lace in Industry in 10 Southern States. 14 pp. . 1931.
Annual Reports of the Director, 1919*, 1920*, 1921*, 1922, 1923, 1924*, 1925,
1926, 1927*, 1928*, 1929*, 1930*, 1931.
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Full text of Chronological Development of Labor Legislation for Women in the United States : Women's Bureau Bulletin, No. 66-II

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