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U. S. DEPARTMENT OF LABOR
JAMES J. DAVIS, Secretary

BUREAU OF LABOR STATISTICS
ETHELBERT STEWART, Commissioner

BULLETIN OF THE UNITED STATES)
BUREAy OF LABOR STATISTICS >
LABOR

LAWS

OF

THE

UNITED

V
*

*

4AO

*

STATES

SERIES

LAWS RELATING TO
PAYMENT OF WAGES
BY

LINDLEY D. CLARK and STANLEY J. TRACY




Of the United States Bureau of Labor Statistics

JUNE, 1926

WASHINGTON
GOVERNMENT PRINTING OFFICE
1926




ADDITIONAL COPIES
OF THIS PUBLICATION MAY BE PROCURED FROM
THE SUPERINTENDENT OF DOCUMENTS
GOVERNMENT PRINTING OFflCE
WASHINGTON, D. C.
AT

25 CENTS PER COPY

CONTENTS
Page
Introduction----------------------------------------------------------------------------------------------1,2
Part I.— Construction of statutes the text of which is omitted____________ 3-15
Rates of wages of employees on public works________________ _______
3-6
6-10
Minimum wage_______________________________________________________
Payment for coal mined______________________________________________ 10-12
Repayment of employers’ advances__________________________________ 13,14
Earnings of married women__________________________________________
14
Earnings of minors___________________________________________________ 14,15
Part II.— Construction of statutes the text of which is presented________ 16-41
Frequency of payment_________________________________________________16-19
Payment on termination of employment_________________________ _____ 19-23
Scrip— company stores_____________________________________________ — 24-27
Deductions and discounts_____________________________________________ 27,28
Priority of wage claims______________________________________________ 29-31
Assignments_________ _________________________________________________ 31-33
Exemptions____________________________________________________________ 33-36
Suits for wages_______________________________________________________ 36-38
Railroads______________________________________________________________ 38-40
Seamen_______________________________________________________________ 40,41
Part I I I — Text and abridgment of laws— .____________________________ 42-148
Alabama------------------------------------------------------------------------------ 1_________
42
Alaska________________________________________________________________ 43,44
Arizona_______________________________________________________________ 44-46
Arkansas______________________________________________________________ 46-48
California_____________________________________________________________ 48-53
Colorado---------------- ------------------------------------------------------------------------------ 53-55
Connecticut____________________________________________________________ 55-57
Delaware______________________*------------------------------------------------------------57
District of Columbia__________________________________________________
58
Florida------------------------------------------------------------------------------------------------- 58,59
Georgia_______________________________________________________________ 59-61
Hawaii---------------------------------------------------------------------------------------------------61,62
Idaho__________________________________________________________________62, 63
Illinois________________________________________________________________ 63-65
Indiana ______________________________________________________________65-68
Iow a__________________________________________________________________68-70
Kansas_______________________________________________________________ 70, 71
Kentucky------------------ ---------------------------------------------------------------------------71-73
Louisiana_____________________________________________________________ 73-76
Maine--------------------------------------------------------------------------------------------------- 76,77
Maryland----------------------------------------------------------------------------------------------77,78
Massachusetts--------------------------------------------------------------------------------------- 79-82
Michigan______________________________________________________________ 82-84
Minnesota____________________________________________________________ 85-88
Mississippi___— ______________________________________________________88,89
Missouri______________________________________________________________ 90-92
Montana______________ :------------------------------------------------------------------------- 92-94
Nebraska________________________________ _____________________________ 94,95
Nevada_______________________________________________________________ 95-99
New Hampshire_____________________________________________________ 99,100
New Jersey_________________________________________________________100-104
New Mexico_____________________________________________ ___________ 104-106
New York___________________________________________________________106-108
North Carolina_______________________________________________________
108
North D akota________________________________________________________
109




in

IV

CONTENTS

Part II I — Continued.
Pa««
Ohio_________________________________________________________________ 109-111
Oklahoma---------------------------------------- -------------------------------------------------- 111-113
Oregon------------------------------------------------------------------------------------------------ 118-116
Pennsylvania-------------------------------------------------------------------------------------- 117-120
Philippine Islands----------------------------------------------------------- ------------------ 120,121
Porto Rico__________________________________________________________121-123
Rhode Island________________________________________________________ 123,124
South Carolina----------------------------------------------------------------------------------124-126
South Dakota----------------------------------------------------------------------------------- 126,127
Tennessee------------------------------------------------------------------------------------------- 127-129
Texas------------------------------------------------------------------------------------------------- 130-132
Utah________________________________________________________ ;________132-134
Vermont_____________________________________________________________134,135
Virginia________________ _____________________________________________136,137
Washington____________________________________________________ - ____ 137-140
West Virginia_______________________________________________________ 140-142
Wisconsin___________________________________________________________ 142-144
Wyoming____________________________________________________________ 144-146
United States________________________________________________________ 147,148




BULLETIN OF THE

U. S. BUREAU OF LABOR STATISTICS
n o . 408

_________

WASHINGTON_______________ Ju n e, 1926

LAWS RELATING TO THE PAYMENT OF WAGES
INTRODUCTION
It is proposed in this bulletin to present the legislation of the
various States and of the United States that bears upon the pay­
ment of wages, such as laws fixing time, mode, and place of payment
and the regulation of deductions, assignments, suits, exemptions,
preference of wuge claims, etc., but omitting those relating to me­
chanics’ liens, contractors’ bonds, and similar provisions for secur­
ing the payment of wages.
As distinguished from an earlier study in this field,1 the present
bulletin is concerned with a presentation, in either full or abridged
form, of the statutes relating to the payment of wages, with some
account of the decisions construing them, rather than with the his­
torical and social aspects discussed in the former volume.
Legislation of this class is clearly an interference with the free­
dom of contract, with the evident purpose of protecting the weaker
party to the bargain against the disadvantage of his inferior posi­
tion, such regulation being regarded as a matter of the public wel­
fare. How far it is possible for the State to go in establishing such
regulations is not a fully settled problem. Various laws have been
enacted bearing on the subject which have been declared unconsti­
tutional, while the construction placed on others has established
doctrines previously rejected. Many laws are directed to the full
and exact recovery by the workman of the entire sum contracted
for, providing for payment at intervals convenient with regard
to his welfare and in a form permitting his free use of his earnings
as an instrument of purchase. A definite barrier seems to exist at
the present time against any determination as to the amount of the
wages to be paid, though in almost every other aspect the law may
exercise control. An exception with regard to rate making exists
as to railroads and in the field of public employment, the State be­
ing held to have the right to fix a rate which it will pay and which
contractors in its service must meet if they wish to do business with
it; while railroads, because affected with a public interest, are also
subject to State regulation.
A briefer treatment is here given to certain classes of laws, the
text of which has not been reproduced, but whose nature and scope
1 U. S. Bureau of Labor Statistics Bui. No. 229: Wage-payment legislation in the
United States, by Robert Gildersleeve Patterson. Washington, 1917.




2

LAWS RELATING TO THE PAYM EKT OF WAGES

are indicated in summary form in Part I of this bulletin. Laws
fixing the rates of wages of employees on public works are of limited
concern and rest on a different basis from those affecting pri­
vate employments. Minimum wage laws are of wider scope, but
their constitutional status, under recent decisions, greatly restricts
their present effectiveness. Laws regulating payment for coal
mined apply to a single class of workers and present practically a
single feature. Those requiring the repayment of employers’ ad­
vances are, in the main, only a special penalization of the breach of
contract. Those authorizing minors and married women to receive
their earnings call only for an enumeration, as they are identical in
effect and uncontested in the courts, and therefore, as to them, a
mere list of citations of the laws seems sufficient. For the other
classes of statutes named above, some account of the results of ju­
dicial consideration is also given.
With regard to the statutes that have been reproduced, the various
aspects of constitutionality and construction that have been con­
sidered by the courts are noted in a manner not purporting to be
exhaustive, but covering the principal points of legislation and ju­
dicial action. In other words, the bulletin undertakes to present
the laws as enacted, covering existing legislation at the end of the
year 1925, together with such judicial construction as seems appro­
priate, without assuming to cover the entire field of decisions in the
iorm of an inclusive treatise.




PART I.— CONSTRUCTION OF STATUTES THE TEXT OF
WHICH IS OMITTED
RATES OF WAGES OF EMPLOYEES ON PUBLIC WORKS

Laws designating the rates of wages to be paid to employees on
public works are significant as an attempt on the part of the State to
regulate employment conditions. Such laws may either name a
fixed sum or direct that not less than current rates be paid. Some of
these laws have been declared unconstitutional by the courts, either
because of their infringing on the right to contract or because they
were discriminatory in their nature.
In a New York case (People ex. rel. Rodgers v. Coler (1901), 166
N. Y. 1, 59 N. E. 716), a contractor sued to compel payment on
a contract for work done, in the performance of which he had paid
less than the current wages. The act of the legislature requiring that
rates of wages on public works be not less than the prevailing rates
in similar employments in the locality in which the work was done
was declared unconstitutional as invading the rights of liberty and
property, denying to the city and to contractors the right to agree
with their employees as to the amount of compensation to be paid.
The statute was also condemned as penalizing acts that are in them­
selves innocent and harmless. Later (Ryan v. City of New York
(1904), 177 N. Y. 271, 69 N. E. 599), the attitude indicated above
was modified to the extent of holding that the city was governed
by this law in so far as it related to direct employment by the munic­
ipalities, though it was void as to contractors, who must simply
effect specified results, and who are at liberty to make contracts
freely with their workmen. The Supreme Court of Indiana in 1903
took the view expressed in the Rodgers case above, holding that
cities, etc., might also contract without interference by the statute
(Street v. Varney Electric Co., 60 Ind. 338, 66 N. E. 895).
The foregoing decisions are opposed to a decision of the Supreme
Court of the United States (Atkin v. Kansas (1903), 191 U. S.
207, 24 Sup. Ct. 124), to the effect that municipalities are but the
agent of the State for the performance of certain duties best at­
tended to locally, and that it rests with the State to make such con­
ditions for contractors as it may choose, the contractor being free to
accept such terms or not; but if he undertakes work for the State or
a municipality, both he and the municipality must conform to the
conditions laid down by the State. The people of the State of New
York later adopted an amendment to the constitution conferring on
the legislature power to act in the manner previously attempted,
regulating the conditions of employment, whether the work be done
by the city directly or by a contractor. The legislature then passed
another law which has since been declared constitutional. (People
ex. rel. Williams Eng. and Const. Co. v. Metz (1908), 193 N. Y. 148,
85 N. E. 1070.) The law was said not to reach work done outside
the State, as the quarrying, cutting, and dressing of stone in Maine




a

4

LAWS RELATING TO THE PAYM ENT OF WAGES

(Ewen v. Thompson-Starrett Co. (1913), 208 N. Y. 245, 101 N. E.
894).
The doctrine of the Atkin case was found not to apply in a case
involving the constitutionality of an act of the Legislature of Ne­
braska (ch. 17, Acts of 1909) which undertook to regulate the condi­
tions of employment on the public works of cities of a designated
class, naming $2 as the daily rate of pay. This was given as one of
the reasons for holding the act unconstitutional, since “ no fixed rate
of wages should be provided by the legislature without reference to
the going wages for that kind of work at the time and place where
it is to be performed ” (Wright v. Hoctor (1914), 95 Nebr. 342, 145
N. W. 704). This was on the ground that the law favored one citizen
at the expense of another, taking the property of the latter without
due process of law. Another decision falling in this group is one of
the Supreme Court of Pennsylvania declaring invalid a stipulation in
a contract of the city of Reading fixing $1.50 as the minimum daily
wage to be paid by contractors for public works (Frame v. Felix
(1895), 167 Pa. 47, 31 Atl. 375). It was held that this provision was
a violation of the law that required such contracts to be let to the
lowest responsible bidder, wages being one of the essential elements
of the work, every part of which must be subject to competition. It
is recognized under the decision in the Atkin case, however, that a
law properly based and enacted fixing rates of wages on public works
is valid legislation (Byars v. State (1912), 2 Okla. Cr. 481, 102 Pac.
804).
A new factor is injected into the problem where the law contains
the rather customary phrase, “ current rate of wages in the locality,”
by reason of a recent decision of the Supreme Court condemning
such language for its vagueness (General Construction Co. v . Connaily (1926), 46 Sup. Ct. 126). The exactness necessary to a penal
statute was said to be lacking inasmuch as it can not be determined
with certainty what sum constitutes “ current wages,” the term “ lo­
cality” being also capable of such a range of definitions as to be
“ fatally vague and uncertain.”
The States having laws on this subject (omitting laws relating only
to highway labor) are the following:
Arizona.—R. S., sec. 3103.
California.—Code, G. L., No. 2894; Acts of 1909, ch. 387, sec. 9
(am. 1915, ch. 666).
Delaware.—R. C., sec. 2161 (City of Wilmington).
Hawaii.—Acts of 1919, No. 218."
Idaho.—C. S., sec. 2324 (am. 1923, ch. 93).
Kansas.— G. S., sec. 5870 (am. 1923, ch. 157).
Maryland.—P. L. L. (Baltimore), art. 4, sec. 31a (am. 1910, p.
642).
Massachusetts.—G. L., ch. 149, secs. 26, 27.
New York.—Acts of 1921, ch. 50, sec. 220 (am. 1921, ch. 642).
Porto Rico.—Acts of 1923, No. 11.
United States.—C. S., sec. 6765.
As indicated above, city governments may attempt action in this
field, and if properly taken such action is valid. In Malette v. City
of Spokane (1913) (77 Wash. 205,137 Pac. 496), the Supreme Court
of Washington ruled that a provision of a city ordinance fixing a
wage rate of not less than $3 per day of eight hours was a constitu­




BATES OF WAGES OF EMPLOYEES OK PUBLIC WORKS

5

tional act within the power of cities of the first class under the State
constitution, and not in conflict with the Federal Constitution.
However, where the policy of the State has not been fixed, and a city
ordinance undertakes to determine matters of State policy by local
action, it may be held to be an encroachment by the municipality
on the police power of the State (Attorney General ex rel. Lennane
v. City of Detroit (1923), 225 Mich. 631, 196 N. W. 391). Here a
statute undertook to fix a minimum wage with time and one-half for
overtime, providing also that skilled mechanics should receive the
highest prevailing wage in their work on all public contracts—rules
that were obviously not embodied in any State legislation, either
directly or by implication.
In a later case the Supreme Court of Washington had an ordi­
nance of the city of Seattle before it which fixed rates of pay for em­
ployment on public works. The ordinance was sustained on the
ground that the city and the State have the right to say on what con­
ditions a public work shall be performed. It was said that the valid­
ity of such statutes and ordinances as the one in question “ does not
depend upon the exercise of the police power. The police power,
of course, must be exercised in a reasonable manner, but the right
of the State and its municipalities to say upon what conditions a
public work shall be or not be performed is not a right arising
from the exercise of the police power, and therefore the question
whether the ordinances in this, case prescribe a reasonable rate of
compensation does not enter into the discussion of the matter.” The
ordinances referred to directed the payment by contractors or sub­
contractors of amounts not less than the current or prevailing wage
paid by the city itself, these rates being fixed by the heads of the
departments within certain ranges named in the ordinances. Such
mode of determination was said not to be a delegation of legislative
power, but constitutional and binding on the contractors (Jahn v.
City of Seattle (1922), 120 Wash, 403, 207 Pac. 667).
Improper delegation of power was found in a case before the
Supreme Court of Wisconsin, where a city ordinance had directed
that wages should be paid for work done for the city at the prevail­
ing rate for similar work, such rate to be determined by the wages
paid to members of any regular and recognized organization of
skilled workmen. It was said that this was a surrender of the inde­
pendent judgment of members of the council, and even the require­
ment that the rate thus determined should be approved did not
satisfy the objection, that the standard fixed upon had been set up
by a body outside and independent of the council. (Wagner v.
City of Milwaukee (1922), 177 Wis. 410, 188 N. W. 487.) However,
where the council took the initiative in establishing the rate, even
though it was alleged that the minimum scale was the same as that
of the labor unions in the city, if the ordinance is in fact the volun­
tary act of the city, and subject to change at will by reason of change
in the personnel of the council or its views, or both, “ we can not
say as a matter of law that it is so unreasonable as to be void ” (Wag­
ner v. City of Milwaukee (1923), 180 Wis. 640, 192 N. W. 994).
As indicated in the introduction, the regulation of the rate of
wages in private employments is a matter of contract rather than of
law. Exceptions to this rule have been assumed to exist in regard to
children as to whom an unquestioned power of control rests in the



6

IA W S ECLATING TO THE PAYM ENT OF WAGES

State; also with regard to a woman worker, “having in view not
merely her own health but the welfare of the race.” (Muller v. State
(1908), 208 U. S, 412, 28 Sup. Ct. 324.) However, this assumption
as to women, based on the validity of laws fixing hours of labor,
seems no longer maintainable in the light of the Adkins case, below.
Another basis for attempting to regulate rates of wages is found in
the claim that certain industries are so necessary to the public wel­
fare or so “ affected with a public use ” that the interest of the State
authorizes its intervention in regard to the determination of wage
rates. It was in application of this theory that the act of Congress
regulating wages and hours (Act of September 3, 5, 1916, C. S. secs.
8680a-8680d) was sustained as constitutional. (Wilson v. New
(1917) 243 TJ. S. 332, 37 Sup. Ct. 298.) The principle can not be ex~
tended, however, merely by legislative declaration to the effect that
certain industries are so affected by the public interest that a govern­
ment agency may intervene to regulate wage rates (Chas. Wolff
Packing Co. v. Court of Industrial Relations (1923), 262 U. S. 522,
43 Sup. Ct. 630), it being held the constitutional guaranty of freedom
of contract stood in the way of any such regulative undertaking.
MINIMUM WAGE

The efforts to regulate the wages of women and children have taken
the form of what are called minimum wage laws, either mandatory
in their application or recommending a standard which employers
may adopt or reject. The statute establishing the principle may also
fix the amount of the wages to be paid; or, on the other hand it may
create a commission, with powers of investigation and determination,
which fixes the rate according to the discovered necessities of the case.
Minimum wage laws have been enacted in 17 jurisdictions,1 and in 2
others2 constitutional amendments have authorized an enactment
which has not yet taken place. The validity of legislation of this
class was upheld by the supreme courts of 5 States,3 and the prin­
ciple seemed quite thoroughly established until a test was made of
the act of Congress prescribing a minimum wage law for the District
of Columbia. It was held by the Supreme Court of the United States
that such legislation was an unwarranted interference with the free­
dom of contract guaranteed by the due process clause of the fifth
amendment and the protective provisions as to life, liberty and prop­
erty of the fourteenth amendment to the Constitution (Adkins v.
Children’s Hospital (1923), 261 U. S. 525, 43 Sup. Ct. 394).
Subsequent to the decision above noted, the law of Wisconsin
was declared unconstitutional by a Federal court in so far as it
applied to adult females (Folding Furniture Works v. Industrial
Commission (1924), 300 Fed. 991); the Supreme Court of Min­
nesota sustained the law of that State in its application to children
only (Stevenson v. St. Clair (1925), 201 N. W. 629); and the Su­
preme Court of Kansas declared its law unconstitutional in its appli­
1 Arizona, Arkansas, California, Colorado, District of Columbia, Kansas, Massachusetts,
Minnesota, Nebraska, North Dakota, Oregon, Porto Rico, South Dakota, Texas, Utah,
Washington, and Wisconsin.
2 Louisiana and Ohio.
3 Arkansas (State v. Crowe (1917), 130 Ark. 272, 197 S. W. 4) ; Massachusetts (Hol­
combe v. Creamer (1918), 231 Mass 99, 120 N. E. 354) ; Minnesota (Williams v. Evans
(1917), 139 Minn. 32, 165 N. W. 495) ; Oregon (Stettler v. O’Hara (1914), 69 Oreg. 519,
139 Pac. 7 4 3 ); Simpson v. O’Hara (1914), 70 Oreg. 261, 141 Pac. 1 5 8 ); Washington
(Larsen v. Rice (1918), 100 Wash. 642, 171 Pac. 1037).




M IN IM U M WAGE

7

cation to adult women (Topeka Laundry Co. v. Court of Industrial
Relations; Topeka Packing Co. v. Same (1925), 237 Pac. 1041).
Each of these decisions had in view the effect of the rule of the
Supreme Court in the Adkins case, the Kansas court being divided
on the point of whether the decision controlled as establish­
ing a general principle or whether it was limited simply to the
local condition of an act of Congress passed solely for the District of
Columbia. This question was put at rest by the decision of the
Supreme Court in the case of Murphy v, Sardeli (1925), 46 Sup. Ct.
22, which sustained the . judgment of the United States District
Court, District of Arizona, declaring unconstitutional the minimum
wage law of that State, which was applicable only to women. This
strongly points to the conclusion that all laws of a compulsory na­
ture are practically nullified by the rule laid down by the Supreme
Court, at least so far as penal enforcement is concerned. The rec­
ommendatory law of Massachusetts is unaffected, and the laws of
the other States, in so far as their application to children is con­
cerned, may continue to function, so far as is indicated by any judi­
cial pronouncement yet made.
In this connection it will be of interest to notice the action of the
Legislature of Wisconsin in May last (i. e., subsequent to the de­
cision in the Adkins case and that in the case, Folding Furniture
Works v. Industrial Commission, already noted, but prior to that
in the Arizona case by the Supreme Court), amending the law as
to adult females by declaring that: “ No wage paid or agreed to be
paid by any employer to any adult female employee shall be oppres­
sive. Any wage lower than a reasonable and adequate compensa­
tion for the services rendered shall be deemed oppressive and is
hereby prohibited.” The commission is given power to make rules
permitting substandard workers to receive less than a standard rate,
but the inefficiency of the employee is not to be ground for a license
so to employ. The payment of wages in violation of any order of
the commission is a violation of the section. Separate provision is
made for the wages of minors, which “ shall be not less than a living
wage,” 'unless license is granted on account of inability to earn such
wage. It seems apparent that the purpose of these amendments is
to open the way xor a continued operation of the law, certainly as
to minors, and if possible, to adult females as well.
As already stated, the law of Massachusetts is unaffected by the
decisions of the Supreme Court noted above, and is reproduced as
unquestionably valid so far as present determinations are concerned.
It resembles the majority of the laws of the other States in its
creation of boards for the investigation of the cost of living and
the recommendation of rates to the administrative department, but
differs, as indicated, in omitting the penal features for noncompli­
ance. As enacted, the law contained a provision requiring news­
papers to publish the names of noncomplying employers, but this
provision was held unconstitutional as interfering with the rights
of publishers to make their own contracts and to refuse business
judged undesirable (Commonwealth v. Boston Transcript Co. (1924),
249 Mass. 477,144 N. E. 400). In practice, this has not affected the
activities of the minimum wage commission, since an adequate num­
ber of papers have accepted the advertisements as offered.




8

LAW S RELATING TO THE PAYM ENT OF WAGES

The statute follows:
M ASSACHUSETTS-GENERAL LAWS, 1921
C hapter 151.— Employment of women and children— Minimum wages
Section 1. Investigation.— The board of conciliation and arbitration of the
department of labor and industries in performing the duties required by this
chapter shall be known as the minimum wage commission, in this chapter
called the commission. It shall investigate the wages paid to female employees
in any occupation if it has reason to believe that the wages paid to a sub­
stantial number of such employees are inadequate to supply the necessary
cost of living and to maintain the worker in health.
Sec. 2. Wage hoards.— If after such investigation the commission is of the
opinion that in the occupation in question the wages paid to a substantial ntim*
ber of female employees are inadequate to supply the necessary cost of living
and to maintain the worker in health, it shall establish a wage board con­
sisting of an equal number of representatives of employers in the occupation
in question, and of persons to represent the female employees in said occupation,
and of one or more disinterested persons appointed by it to represent the
public; but the representatives of the public shall not exceed one half of the
number of representatives of either of the other parties. The commission shall
give notice to employers and employees in said occupation by publication or
otherwise of its determination to establish a wage board and of the number of
representatives of employers and of employees to be chosen therefor, and
shall request that said employers and employees, respectively, nominate such
representatives by furnishing names to it.
The representatives of employers and employees shall be selected by the
commission from names furnished by the employers and by the employees,
respectively: Provided, That the same are furnished within ten days after such
request: And provided further, That at least twice as many names respectively
are furnished as are required. If less than this number of names are furnished
for representatives, either of employers or of employees, at least one-half the
names so furnished shall be selected, and the remaining places necessary may
be filled by the commission by appointments made directly from employers,
including officers of corporations, associations, and partnerships, or from em­
ployees in the occupation, as the case may be. The commission shall designate
as chairman one of the representatives of the public, and shall make rules and
regulations governing the selection of members and the modes of procedure of
the wage boards, and shall exercise exclusive jurisdiction over all questions
arising with reference to the validity of the procedure and of the determinations
of the wage boards. The members of wage boards shall be compensated at the
same rate as jurors, and they shall be allowed the necessary traveling and
clerical expenses incurred in the performance of their duties, these payments
to be made from the appropriation for the expenses of the commission. The
commission may fill vacancies arising in a duly constituted wage board by ap­
pointing a sufficient number of suitable persons to complete the representation
of the employers, employees or public, as the case may be.
Sec. 3. Duties of wage boards.— The commission may transmit to each wage
board all pertinent information in its possession relative to the wages paid in
the occupation in question. Each wage board shall take into consideration
the needs of the employees, the financial condition of the occupation and the
probable effect thereon of any increase in the minimum wages paid, and shall
endeavor to determine the minimum wage, whether by time rate or piece rate,
suitable for a female employee of ordinary ability in the occupation in question,
or for any or all of the branches thereof, and also suitable minimum wages
for learners and apprentices and for minors under eighteen. When a majority
of the members of a wage board shall agree upon minimum wage determination,
they shall report such determination to the commission, together with the
reasons therefor and the facts relating thereto.
Sec. 4. Action on determinations of tvage boards.— Upon receipt of a report
from a wage board, the commission shall review the same, and may approve
or disapprove any or all of the determinations recommended, or may recom­
mit the subject to the same wage board or to a new one. If the commission
approves any or all of the determinations of the wage board it shall, after
not. less than fourteen days’ notice to employers paying a wage less than the




M IN IM U M WAGE

9

minimum wage approved, give a public hearing to such employers, and if,
after such public hearing, the commission finally approves the determination,
it shall enter a decree of its findings and note thereon the names of employers,
so far as they may be known to it, who fail or refuse to accept such minimum
wage and agree to abide by it The commission shall thereafter publish at
such times and in such manner as it may deem advisable a summary of its
findings and of its recommendations. It shall also at such times and in such
manner as it shall deem advisable publish the facts, as it may find them to be,
as to the acceptance of its recommendations by the employers engaged in the
industry to which any of its recommendations relate, and may publish the
names of employers whom it finds to be following or refusing to follow such
recommendations.
An employer who files a declaration under oath in the supreme judicial or
superior court to the effect that compliance with the recommendation of the
commission would render it impossible for him to conduct his business at a
reasonable profit shall be entitled to a review of said recommendation by the
court under the rules of equity procedure. The burden of proving the aver­
ments of said declaration shall be upon the complainant. If, after such review,
the court finds the averments of the declaration to be sustained, it may issue
an order restraining the commission from publishing the name of the com­
plainant as one who refuses to comply with its recommendations. But such
review, or any order issued by the court thereupon, shall not be an adjudica­
tion affecting the commission as to any employer other than the complainant,
and shall in no way affect its right to publish the names of those employers
who comply with its recommendations. The type in which the employers*
names shall be printed shall not be smaller than that in which tlie news
matter of the newspaper is printed. The publication shall be attested by the
signatures of at least a majority of the commission.
Sec. 5. Revision of decrees.-^Whenever a minimum wage rate has been estab­
lished in any occupation, the commission may, upon petition of either employers
or employees, or if in its opinion such action is necessary to meet changes in the
cost of living may without such petition, reconvene the wage board or establish
a new one, and any recommendation made by such wage board shall be dealt
with in the same manner as the original recommendation of a wage board.
Sec. 6. Special license.— For any occupation in which a minimum time rate
only has been established, the commission may issue to any woman physically
defective a special license authorizing the employment of the licensee for a
wage less than the legal minimum wage: Provided, That it is not less than
the special minimum wage for that person.
Sec. 7. Rates for minors.— The commission may at any time inquire into the

wages paid to minors in any occupation in which the majority of employees
are minors, and may, after giving public hearings, determine minimum wages
suitable therefor. When the commission has made such a determination, it
may proceed in the same manner as if the determination had been recommended
to it by a wage board.
Sec. 8. Records.— Every employer of women and minors shall keep a register
of the names, addresses, and occupations of all women and minors employed by
him, together with a record of the amount paid each week to each woman and
minor, and if the commission shall so require, shall also keep for a specified
period, not exceeding six months, a record of the hours worked by such em­
ployees, and shall, on request of the commission or of the department of labor
and industries, permit the commission or any of its members or agents, or the
department or any duly accredited agent thereof, to inspect the said register
and to examine such parts of the books and records of employers as relate to
the wages paid to women and minors, and the hours worked by such employees.
Any employer failing to keep a register or records as herein provided, or refus­
ing to permit their inspection or examination shall be punished by a fine of
not less than five nor more than fifty dollars. The commission may also sub­
poena witnesses, administer oaths and take testimony, and require the pro­
duction of books and documents. Such witnesses shall be summoned in the
same manner and be paid by the Commonwealth the same fees as witnesses
before the superior court.
Sec. 9. Statistical information.— Upon request of the commission, the depart­
ment of labor and industries shall cause to be gathered such statistics and
other data as the commission may require, and the cost thereof shall be paid
out of the appropriation made for the expenses of the commission in reference
to the minimum wage.




10

LAW S RELATING TO THE PAYMENT OP WAGES

S ec. 10. Discrimination against employees.— No employer shall discharge or
In any other manner discriminate against any employee because such em­
ployee has testified, or is about to testify, or has served or is about to serve
upon a wage board, or is or has been active in the formation thereof, or has
given or is about to give information concerning the conditions of such em­
ployee’s employment, or because the employer believes that the employee may
testify, or may serve upon a wage board, or may give information concerning
the conditions of the employee’s employment, in any investigation or proceeding
relative to the enforcement of this chapter. Whoever violates this section
shall be punished by a fine of not less than two hundred nor more than one
thousand dollars.
S ec. 11. Inspection.— The commission shall from time to time determine
whether employers in each occupation investigated are obeying its decrees,
and shall publish in the manner provided in section four, the name of any em­
ployer whom it finds to be violating any such decree.
Sec. 12. Refusal to publish findings.— [Unconstitutional.]
S ec. 13 Action for damages.— No member of the commission and no news­
paper publisher, proprietor, editor or employee thereof, shall be liable to an
action for damages for publishing the name of any employer as provided for
in this chapter, unless such publication contains some willful misrepresentation.
Sec. 14. Posting notices.— The commission may require employers in any
occupation to post notices of its hearings or of nominations for wage boards,
or of decrees that apply to their employees, in such reasonable way and for such
length of time as it may direct. Whoever refuses or fails to post such notices
or decrees, when so required, shall be punished by a fine of not less than five
nor more than fifty dollars. The department of labor and industries shall
enforce this section.
Sec. 15. Annual report.— The commissioner of labor and industries shall
make an annual report of the acts of the comirfission in performing the duties
required by this chapter.

PAYMENT FOR COAL MINED

Special provisions exist in the laws of many of the coal-producing
States relative to payment of wages or earnings of miners. The
very extended use of the piecework basis (by weight or measure)
in coal mining makes it desirable to secure accuracy with regard to
the standards used. The laws generally require that scales be pro­
vided and make the State inspector of mines responsible for their
testing and maintained accuracy. The weighman is usually required
to take oath for the proper discharge of his duties, and in practically
all States the miners may employ a checkweighman at their own
expense to observe and record the entries and credits of the miners.
The desirability of such a system seems to be generally accepted
without legal contest, though a rather early decision by the Supreme
Court of Illinois declared invalid a statute requiring operators of
coal mines where miners are paid by weight to provide scales for
the weighing of all coal, but applying the statute only to mines whose
product is shipped by rail or water. The act was condemned not
only because of the discriminatory provision, but also because it
made it an offense for the parties to the contract to agree upon any
other method of determining the amount of the coal mined than
that pointed out by the statute, which was held to be an interference
with the freedom of contract (Harding v. People (1896), 160 111.
459, 43 N. E. 624).
Hardly less destructive of the intended effect of such legislation
was a decision of the Supreme Court of Tennessee, in a case where
the mine owner announced his purpose of closing down the mine
unless the miners discharged their checkweighman (State v . Jenkins
(1891), 90 Tenn. 580, 18 S. W. 249). The threat was said by the




PAYMENT FOR COAL MINED

11

court to be no more than a “ declaration of what, under the law, he
had a right to do” ; and as there was no averment of a fraudulent
purpose on the part of the mine owner, the court “ can not assume
it.” A dissenting opinion held that the owner’s “ objective and pur­
pose was to discharge the weighman and thus render nugatory the
statute,” a conclusion that seems inevitable.
However, it seems clear from later decisions that such emascula­
tion of the law would not now be favored by the courts; and indeed,
the same court concurrently with the above decision construed an­
other phase of the same law in harmony with the obvious intent of
the legislature, although there was in it a clear interference with
the freedom of contract. The provision required that credit be given
for all merchantable coal mined by any workman and penalized the
willful adoption of any other standard “ than is now provided for
by law.” It was held that neither custom nor contract could be
pleaded as a defense in an action for violation of this provision,
as the law established an obligatory rule, and a criminal law can not
be dispensed with by contract (Smith v. State (1891), 90 Tenn.
575, 18 S. W. 248).
Quite similar to this last decision is the trend of the cases in
which a still further development of this aspect of the question
has been considered, i. e., the requirement that coal shall be weighed
before screening, in order that workmen may be paid for the full
results of their labors, and not merely for the production of certain
grades or classes of coal. The Arkansas law to this effect was
sustained by the State supreme court’s recourse to its time-tested
principle of the reserve power of the State to control corporations
(Woodson v. State (1902), 69 Ark. 521, 65 S. W. 465); but the
United States Supreme Court did not find it necessary to have re­
course to this doctrine in supporting a similar law of the same State,
but cited the investigations of the Industrial Commission authorized
by Congress in 1898, which reported upon the conditions in the
coal industry. In the light of its findings, and having in mind the
enactment of similar laws by several State legislatures, the court
was “unable to say that this law had no reasonable relation to the
protection of a large class of laborers in the receipt of their just
dues and in the promotion of the harmonious relations of capital
and labor engaged in a great industry in the State.” In other
words such regulation was a proper exercise of the police power.
Its limitation to mines employing ten or more men was said to be
a reasonable classification, as it “may be presumed to practically
regulate the industry when conducted on any considerable scale,
(McLean v. Arkansas (1909), 211 U. S. 539, 29 Sup. Ct. 206.) Laws
of this type have been declared unconstitutional by the courts of
Illinois (Ramsey v. People (1892), 142 111. 380, 32 N. E. 364), Ohio
(In re Preston (1900), 63 Ohio St. 428, 59 N. E. 101), Pennsylvania
(Com. v. Brown (1898), 8 Pa. Super. Ct. 339), and Colorado (In
re House Bill No. 203 (1895), 21 Colo. 27, 39 Pac. 431). It will
be observed that each of these decisions antedates that of the Su­
preme Court in the McLean case above. The Supreme Court of West
Virginia, however, had already sustained a similar law of that
State (State v. Peel Splint Coal Co. (1892), 36 W. Ya. 802, 15 S. E.
1000) ; as Lad the Supreme Court of Kansas, which declared the
law of that State constitutional as furnishing a basis for intelligent




12

LAWS RELATING TO THE PAYMENT OF WAGES

action by both parties in regard to the demand for and payment
of wages (State v. Wilson (1899), 61 Kans. 32, 58 Pac. 981). There
was a vigorous dissent in this latter case on the ground of the al­
leged unwarrantable extension of the police power into a field not
related to the health, comfort, safety, or necessity of the people.
On the other hand, the court of appeals, when the case was before
it, had unanimously sustained the law as tending to prevent possible
fraud and extend protection to the party occupying the disadvan­
tageous position.
The validity of laws of this class was again confirmed by the Su­
preme Court in considering an Ohio statute requiring weighing be­
fore screening, the court ruling that such legislation did not unduly
abridge the freedom of contract by prescribing this particular
method of operation (Rail & River Coal Co. v. Yaple (1915), 236
U. S. 338, 35 Sup. Ct. 359). The Supreme Court of Illinois regarded
as valid a law that required payment in lawful money for all coal
mined and loaded into the mine car, 46at such price as may be agreed
upon by responsible parties.” It was held that this qualification
permitted the fixing of the rate of payment in accordance with the
circumstances so that the liberty of contract had not been invaded by
the statute, though why the earlier law should have been differently
construed is not clear (Whitebreast Fuel Co. v. People (1898), 175
111. 51, 51 N. E. 853). An Indiana law contained a provision to the
effect that it was not intended to require payment for “ sulphur, rock,
slate, black-jack or other impurities including dirt” ; and the courts
held that a requirement that coal should be weighed before screening
did not apply where screening was the only means by which such
impurities could be removed (Martin v. State (1896), 143 Ind. 545,
42 iST. E. 911).
Under the foregoing construction, it is apparent that the wage ad­
justment can be made on the basis of the estimated Amount of im­
purities that will be lost by screening, so that the law is far from
absolute in its requirements.
States having laws regulating the weighing of coal, where weight
is the basis of wage payment are the following:
Alabama.— Code of 1923, sec. 1709: Full weight to be credited.
Arkansas.— Digest of 1921, sec. 7276: Coal to be weighed before screening
certain localities excepted.
Colorado.— Comp. Laws of 1921, sec. 3550: Coal to be weighed before screen­
ing.
Iowa.— Code of 1924, sec. 1321: Coal to be weighed before screening unless
otherwise agreed upon in writing.
Kansas.— Gen. Stat. of 1915, sec. 6348: Coal to be weighed before screening.
Maryland.— Code of 1924, Art. 89, sec. 151: Coal to be weighed before screen­
ing.
Missouri.— Rev. Stats, of 1919, sec. 5458: Coal to be weighed before screen­
ing.
Oklahoma.— Kev. Laws of 1910, sec. 4000: Coal to be weighed before
screening.
. Pennsylvania.— Stats, of 1920, sec. 15315: Anthracite coal to be weighed
before dumping from miners’ cars. Sec. 15601: Bituminous coal to be weighed
before screening.
Washington.— Acts of 1917, ch. 36, sec. 93: Coal to be weighed before
screening.
West Virginia.— Code of 1913, sec. 508: Coal to be weighed or measured
before screening.
Wyoming.— Acts of 1911, ch. 74: Coal to be weighed before screening unless
otherwise agreed upon.




LAWS RELATING TO THE PAYMENT OF WAGES

13

REPAYMENT OF EMPLOYERS’ ADVANCES

A number of States have laws penalizing the failure of workmen
to repay advances made by employers, either by refunding the
same or by working under the contract for a sufficient period to
cancel the obligation. Failure on the part of the employee is made
a penal offense, not on the ground of nonpayment of debt, but on
the basis of fraudulent intent to deceive or injure. The statute is
obviously one of a border nature and has been extensively litigated.
The Alabama law was construed in a case (Ex parte Riley (1891),
94 Ala. 82, 10 S. E. 528), in which it was said that intent was essen­
tially an element of guilt, and that this must be established by com­
petent evidence without mere surmise or arbitrary assumption. In
a later case the law was held not to apply where one entered service
and worked long enough to offset the original obligation, but re­
ceived other advances during employment which were left unpaid.
It was said that discharging the primary obligation had taken away
an essential ingredient of the offense (McIntosh v. State (1898), 117
Ala. 128, 23 So. 668). The difficulty in proving fraudulent intent
led the legislature to undertake to solve the problem by declaring
that refusal or failure to render the service or refund the advance
payments was prima facie evidence of intent to injure or defraud,
and the State courts upheld the statute as thus phrased (Bailey
v. State (1908), 158 Ala. 18, 48 So. 498). This case was taken to the
Supreme Court, where it was said that the statute stripped the de­
fendant of his presumption of innocence and exposed him to convic­
tion for fraud on evidence only of breach of contract and failure
to pay, and he was not permitted by the law of the State to testify
that he did not intend to injure or defraud. Thus the statute,
though in terms a statute to punish frauds, had the inevitable effect
of exposing to conviction for crime persons who simply failed or
refused to perform a contract of personal service in liquidation of
a debt, which was an attempt to do indirectly a thing forbidden by
the constitution by the procuring of compulsory service. A breach
of contract exposes only to liability for the loss due thereto, and not
to enforced labor. The State can not punish one as a criminal
merely on evidence of failure to work out debts. The provision as
to evidence was therefore declared unconstitutional (Bailey v. Ala­
bama (1911), 219 U. S. 219, 31 Sup. Ct. 145). The present Ala­
bama law omits the provision as to presumption of evidence, and
punishes those who obtain advances under a contract in writing for
the performance of work, with intent to defraud. The law has been
upheld as a constitutional enactment providing punishment for
swindling by the use of false pretenses (Thomas v. State (1915), 13
Ala. App. 431, 69 So. 908).
In some States an attempt has been made to meet the. objection of
inequality by making the law apply to employers who fail to re­
ceive and compensate for personal services after having contracted
therefor, as well as penalizing employees for breach. On the other
hand legislation may be found applying directly to the fraudulent
act of employers who hire workmen without at the time having
sufficient assets to make the payments of wages accruing. Such a
76982°— 26------ 2




14

LAWS RELATING TO THE PAYM ENT OF WAGES

law of Arizona was construed by the State supreme court as valid,
not making it a crime merely to ]leglect to pay wages, but penalizing the obtaining of labor by i‘alse pretenses (Ex parte Morse
(1924), 26 Ariz. 450, 226 Pac. 537 I.
Statutes of this class lie rather c iitside the range of wage-payment
regulations and are noted only as representing a form of penalization in case of breach of contract.
Following is a list of the States laving such statutes:
Alabama.— Code of 1923, sec. 4152.
Florida.— Acts of 1923, ch. 9146.
Georgia.— Penal Code, 1910, secs. 715,
716.
Michigan.— Comp. L*. 1915, sec. 5581.
Minnesota.— Gen. Stats., 1913, sec.
9021.
Mississippi.— Code of 1906, sec. 1148.
New Hampshire.— Acts of 1917, ch. 3.
New Mexico.— Ann. Stats., 1915, sec.
1572.

North Carolina.— Con. Stats., sec.
4281.
North Dakota.— Acts of 1907, ch. 208.
Oregon.— Laws of 1920, sec. 2025-2 ( a ) .
Philippine Islands.— Acts of 1911-12,
No. 2098.
South Carolina.— Crim. Code, 1912,
Sec. 492-498.
Virginia.— Acts of 1918, ch. 179.
Washington.— Acts of 1919, ch. 191,
sec. 3.

EARNINGS OF MARRIED WOMEN

Married women are by statute secured in the personal disposition
and control of their individual earnings in the following juris­
dictions :
Alabama.— Code, sec. 8262.
Alaska.— Comp. L., sec. 490.
Arkansas.— Digest, secs. 5580, 5581.
California.— Civ. Code, sec. 168.
Colorado.— Comp. L., sec. 5578.
Connecticut.— Gen. Stats., secs. 5274,
5278.
Delaware.— Rev. Code, sec. 3059.
District of Columbia.— Code, sec. 1151.
Florida.— Rev. Gen. Stats., sec. 3952.
Georgia.— Const., art. 3, sec. 11.
Hawaii.— Rev. L., sec. 2952.
Idaho.— Comp. Stat., sec. 4667.
Illinois.— Rev. Stats., ch. 68, sec. 7.
Indiana.— Ann. Stats., sec. 7867.
Iowa.— Code, sec. 3162.
Kansas.— Gen. Stats., sec. 6163.
Maine.— Rev. Stats., eh. 66, sec. 3.
Maryland.— Ann. Code, art. 45, sec. 1.
Massachusetts.— Gen. L.,
ch. 209,
sec. 4.
Michigan.— Comp. L., sec. 11478.
Minnesota.— Gen. Stats., 1913, sec.
7143.
Missouri.— Rev. Stats., sec. 7328.
Montana.— Rev. Code., secs. 5795,
5797.
Nebraska.— Comp. Stats., sec. 1511.
Nevada.— Rev. L., 1919, p. 2813 (sec.
2160).

New Hampshire.— Pub. Stats., ch. 176,
sec. 1.
New Jersey.— Comp. Stats., p. 3225.
New Mexico.— Ann. Stats., sec. 2759.
New York.— Con. L., ch. 14, sec. 60.,
North Carolina.— Const., art. 10, sec.
6; C. S., sec. 2513.
North Dakota.— Rev. Code, sec. 4082
(am. 1915, ch. 171.)
Oklahoma.— Rev. L., sec. 3557.
Oregon.— Laws, sec. 9754.
Pennsylvania.— Stats., sec. 14574.
Porto Rico.— Civ. Code, sec. 1314.
Rhode Island.— Gen. L., ch. 290, sec. 1.
South Carolina.— Civ. Code, sec. 3759.
South Dakota.— Const., art. 21, sec. 5 ;
R. C., sec. 175.
Teunessee.— Code, secs. 4247a, 4247al,
4249a.
Texas.— Rev. Civ. Stats., see. 4622
(am. 1913, ch. 32).
Utah.— Comp. L., sec. 2986.
Vermont.— Gen. L., sec. 3524.
Virginia.— Code, sec. 5134.
Washington.— Codes and Stats., sec.
5920.
West Virginia.— Code, sec. 3680.
Wisconsin.— Stats., sec. 2343.
Wyoming.— Comp. Stats., sec. 3912.

EARNINGS OF MINORS

The individual earnings of minors may, by statute, be paid by
the employer to the minor, unless the parent or guardian gives prior




EARNINGS OF MINORS

15

notice to the employer and makes claim for the wages, in the follow­
ing jurisdictions :
California.— Civ. Code., sec. 212.
Idaho.— Comp. Stats., secs. 4663, 4678.
Iowa.— Code, sec. 3191.
Kansas.— Gen. Stats., sec. 6360.
Minnesota.— Gen. Stats., sec. 3857.
Montana.— Rev. Code, sec. 5849.
New York.— Con. L., ch. 14, sec. 72.
North Dakota.— Rev. Code., sec. 4105.

Oklahoma.— Rev. L., sec. 4381.
Porto Rico.— Rev. Stats., sec. 3295.
South Carolina.— Civ. Code, sec. 3788.
South Dakota.— Rev. Code, sec. 197.
Utah.— Comp. L., sec. 3958.
Washington.— Codes and Stats., sec.
5295.

The earnings of minor children are in general exempt from execu­
tions against the parents.




PART II.— CONSTRUCTION OF STATUTES THE TEXT OF
WHICH IS PRESENTED
FREQUENCY OF PAYMENT

Many States have enacted laws directing the payment of wages
monthly, semimonthly, biweekly, or weekly. These may Ijje of general
application, or may be restricted to corporations or to certain classes
of corporations. These laws have secured recognition only after con­
siderable hesitation on the part of some courts, the objection that
they were an interference with the freedom of contract having been
sustained in some instances. Thus in a comparatively early case
in the Supreme Court of California (Johnson v. The Goodyear Min­
ing Co. (1899), 127 Calif. 4, 59 Pac. 304) it was held that a law re­
quiring monthly pay days restricted the constitutional right of the
employer and employee "to contract freely as to terms and times of
payment. A later decision by a New York court took the position
that the State has an interest in the welfare of its citizens which
would be served by the frequent payment of wages, so that work­
men with small incomes might be better able to make cash purchases
of the necessaries of life; and that it was desirable, on account of the
economic inequality existing between corporate employers and their
employees, for a law to be enacted which would in part equalize the
situation (New York Central etc., E. Co. v. Williams (1910), 199
N. Y. 108, 92 N. E. 404). It was said that though the statute was
invalid as to individuals and partnerships it was nevertheless appli­
cable to corporations, and the provisions were severable. The
Supreme Court of the United States sustained the New York statute,
holding that it was not a violation of the fourteenth amendment for
the State thus to regulate the conduct of railroad corporations in
relation to their employees; also that such regulation was in the
power of the State in its control of corporations (Erie E. Co. v.
Williams (1914), 233 U. S. 685, 34 Sup. Ct. 761).
The laws vary in their provisions as to scope, as to whether or
not the statute is operative without the request of the workman, etc.
The Supreme Court of Arkansas construed the law of that State as
valid, in its application to corporations, but ruled that it would be
violated only by failure or refusal to pay, which could not take
place unless demand was made, in the absence of intimidation or
coercion such as would prevent the workman from making the de­
mand. An employee could not bind himself by contract not to make
the necessary demand, but the making of such a contract is no of­
fense; nor is the failure to pay an offense where such semimonthly
payment is not desired (Arkansas Stave Co. v. State (1910), 94 Ark.
27, 125 S. W. 1001).
The law of Indiana requires employers in certain designated oc­
cupations to pay wages weekly “ if demanded,” a provision which
may be regarded as a concession to the restriction placed by the su­
preme court of the State on a law requiring corporations, and not
16




FREQUENCY OF PAYMENT

17

individual employers, to pay wages monthly—a discrimination that
was declared to be unconstitutional as class legislation (Toledo, St.L. & W. R. Co. v. Long (1907), 169 Ind. 316, S3 If, EL 757); while
another statute requiring weekly payment of all wages ^MfMd to 10
days prior to date of payment was said to be a statutory fixing oi
terms of a contract in violation of the guaranty of freedom of con­
tract and placing wage earners under a quasi-guardianship which was
degrading to them as citizens (Bepublic Iron & Steel Co. v. State
(1903), 160 Ind, 870, 66 tf, EL 1005), The. incorporation of the
Words “ if demanded deprived the statute of itscompulsory quality,
so that it was said not to be an abridgement of the fight oi contract
and not within the rule of the ease last cited 5 the court added that
the legislature might “ reasonably or to a liiiiited extent, regulate
the payment of wages,” and the statute thus qualified was upheld
( Seeleyville Coal Co. v. McGlosson (1906), 166 Ind.: 561, 77 H. E,
1044). It would appear that the statute as thug qualified is greatly
Weakened as a law; the same may be said of those statutes that apply
only to corporations* though in the present development of industry
that would provide for the large majority of workers, However tha
Supreme Court of Indiana Sustained as valid a provision of the law
that forbids contracts waiving the employee^ right to demand pay­
ments at the times and in the medium designated (Hancock v*
Yaden (1890), 121 Ind. 366, 23 N. E. 253).
Divergent attitudes are noticeable in the decisions died, the
Arkansas law having been upheld because applicable only to £©r-*
porations, the court ruling that the legislature, in regulating the
times of payment of wages by corporations, was exercising its
reserve power in regard to such entities* The New York decision
cited was also limited in its scope to corporations, while the Indiana
court objected to such a classification. The provisions of the State
constitutions differ with regard to the power reserved to regulate
the activities of corporations, and variant views are taken by the
courts as to the fair and just application of such resident power
apart from expressed statements. In some States the courts have
boldly assumed that the police power of the State was sufficient
to authorize legislatures to declare a policy applicable not only to
corporate employers, but to individuals and partnerships as well.
Thus when the Massachusetts Legislature in 1895 referred to the
supreme court of the State the question of its power to enact a law
establishing a weekly pay day for private individuals and partner­
ships, such as already existed with regard to corporations, the court
replied that such power existed, since freedom of contract is not
absolute, and the powers of a legislature under the State constitu­
tion are as broad “ as they shall judge to be for the good and welfare
of this Commonwealth5’ (In re House Bill No. 1230 (1895), 163
Mass. 589, 40 N. E. 713). The statement was made that the earlier
law applicable to corporations had been enacted not in the exercise
of the reserve power of the legislature to amend the charters but in
virtue of the police power resident in it as expressing the policy
of the State. The act subsequently enacted was upheld as consti­
tutional in Commonwealth v. Dunn (1898), 170 Mass. 140, 49 N. E.
110, thus definitely establishing the attitude of that State on the
question.




18

LAWS RELATING TO THE PAYM ENT OF WAGES

In Missouri it was said that the police power of the State was
sufficient warrant for the legislature to enact a law regulating the
payment of wages by corporations, not on account of the reserve
power of the legislature, but because it was regarded as beneficial
to their employees, adding that the application to corporations
alone was not indicative of an unfair discrimination. Differences
between individual employers and stockholders of corporations
whose interests were represented by agents were said to be a basis
for legislation of this type, and while the courts holding to the con­
trary are entitled to respect, a different line of reason was regard­
ed as controlling, so that the statute should be upheld (State v.
M. P. R. Co. (1912), 242 Mo. 339, 147 S. W. 118). In an earlier
case (Burnetta v. Coal Co. (1904), 180 Mo. 241, 79 S. W. 136), the
supreme court of the State declined a discussion of the constitu­
tionality of a law of limited application, and held that it governed
in the absence of a contract between a miner and his employer as
to the time of payment; nor could a union make a binding contract
as to the work or wages of its members.
The stressin g of the economic needs of workers, and of differ­
ences between individual and corporate employers is not uniformly
persuasive, as already appears. The Court of Appeals of Mary­
land condemned a semimonthly payment law of that State, appli­
cable to corporations mining coal or fire clay, as an arbitrary inter­
ference with private business without consideration being shown of
public health, safety, morals, or general welfare to justify the same
(State v. Potomac Valley Coal Co. (1911), 116 Md. 380, 80 Atl.

686).

A different basis for a declaration of unconstitutionally from
any of those noted was that found by the Supreme Court of Ten­
nessee in the penal provision of the semimonthly payment law of
that State. It was said that the provision of punishment by fine
for failure to comply with the act entails liability to imprison­
ment if the fine shall not be paid, which would result in imprison­
ment for debt in violation of the constitution of the State. Since
the statute in question was one to enforce the payment of contract
wages at stated periods under the penalty prescribed, it must fall
as unconstitutional (State v. Prudential Coal Co. (1914), 130 Tenn.
325, 170 S. W. 56). A similar view was taken of a law of Cali­
fornia by the court of appeal of that State (Ex parte Crane (1914),
26 Calif. App. 22, 145 Pac. 733). On the other hand, the Supreme
Court of Louisiana maintained the constitutionality of the law of
that State against the contention that it might result in imprison­
ment for debt, holding that the law requiring semimonthly payment
of wages was constitutional, and that the legislative power to impose
a penalty for its violation necessarily follows (State v. McCarroll
(1915), 138 La. 454, 70 So. 448). However, “ no constitution of this
State has ever prohibited imprisonment for debt, nor is there any
such provision in the Federal Constitution.”
The scope of the act is usually sufficiently indicated by the term
“employee,” or the use of “wages,” though some laws use also the
word “salary.” Others are broader, covering “wage workers, skilled
or unskilled in manual, mechanical, or clerical labor,” or “every
employee engaged in its business,” with also the words “wages or




PAYM ENT ON TERMINATION OF EMPLOYMENT

19

salaries.” The question was raised under the law of New York,
which requires the payment of wages to each employee weekly. A
civil engineer was paid by check. An action was brought to recover
a penalty for the violation of a law requiring cash payment. The
supreme court of the State, appellate division, cited the definition
of the term “employee” as given in the labor law, where it was said
to mean “ a mechanic, workingman, or laborer, who works for
another for hire.” On the basis of this restricted definition the court
took the ground that the law applied only to such persons as fall
thereunder, saying that stenographers, accountants, typists, chainmen, levelmen, civil engineers, bookkeepers, draftsmen, structural
designers, and clerks wTere not within the defined class. Other em­
ployments were said to be on the border line, but the law could not
be extended beyond the persons properly classifiable under the defi­
nition prescribed by it (People v. Interurban Rapid Transit Co.
(1915), 154 New York Supp. 627.)
Divergent opinions must follow where constitutions differ; they
likewise result from varying conceptions of courts, and the follow­
ing of precedents established in earlier decisions. Interpretations
by the Supreme Court of the United States exert a harmonizing
influence unless constitutional barriers intervene, but legislative
efforts persist to secure the payment of wTages at fairly frequent in­
tervals, the tendency being a weekly or biweekly payment. Even in
those States in which manifest declarations of unconstitutionality
have been made, recent legislative action indicates the purpose to
establish such a rule, constitutional amendments having been in some
instances adopted to open the way for such action.
No attempt has been made in the foregoing summary to discuss
each State policy or all the decisions in the States noted; but the
underlying principles controlling and the causes of divergence have,
it is believed, been adequately indicated.
PAYMENT ON TERMINATION OF EMPLOYMENT

The natural presumption under a contract of employment is that
wages will be paid at the time agreed upon, final settlement being
made on the termination of the contract. In case of prior discharge,
involving a breach of the contract, the employee is entitled to dam­
ages, the customary measure being the amount of wages lost due
to the premature discharge. The employee may wait until the expi­
ration of the contract period and recover wages that he would have
earned, less what he earned elsewhere or could have earned if fairly
diligent in seeking other employment (Winkler v. Racine Wagon,
etc., Co. (1898), 99 Wis. 184, 74 N. W. 793; Milage v. Woodward
(1906), 186 N. Y. 252, 78 N. E. 873); or the employee may sue at
once for damages caused by the breach, the measure usually being
the contract price for the labor (Stone v. Bancroft (1896), 112 Calif.
653, 44 Pac. 1069). A single action will suffice for recovery of all
damages, past or future, resulting from the breach of contract, as it is
the duty of the court to consider probable future earnings, during
the period covered by the contract as well as the past earnings, if
any, since its breach (Pierce v. R. Co. (1899), 173 U. S. 1, 19 Sup.
Ct. 335).




20

LAW S RELATING TO TH E PAYM ENT OF WAGES

The laws of a few States embody a declaration of the common law
in their labor code (see Civil Code of Georgia (1910), secs. 3588,
3589; Ark. Dig., sec. 6885). These receive the same construction as
the common law, and do not warrant the inclusion in the action for
damages due to the breach any other action for a separate wrong,
even though connected with the incident of discharge (Dickenson v.
Atkins (1918), 132 Ark. 84, 200 S. W. 817). The Louisiana law is
peculiar in that the employee’s right to recover wages for the unex­
pired term becomes vested at once in case of unwarranted discharge,
and it is not affected either by the acceptance of other employment
or by a refusal to return to work under the original contract (Curtis
v. Lehman Co. (1905), 150 La. 40, 38 So. 887; Camp v. BaldwinBellville Co. (1909), 123 La. 257, 48 So. 927). But such is not the
general construction of the common law.
Many States have provided by special legislation for payment on
discharge of all wages due, usually immediately, although some pro­
vide that such payments shall be made on the ensuing pay day. The
law may be of general application or may be limited to corporations
or certain classes of corporations. That of Arkansas is limited to
railroad companies and provides that, as a penalty for nonpayment
on request, the wages shall continue to run until settlement but not
exceeding 60 days. Another provision sometimes found is for a
percentage of the wages to continue. Obviously such a law as that
of Arkansas partakes of the nature of a penal law, and requires
strict and actual compliance with its provisions as to notice and de­
mand if the penalty is to be recovered, since nothing will be taken
by intention in actions under statutes of this class (St. Louis I. M.
& S. R. Co. v. McClerkin (1908), 88 Ark. 277, 114 S. W. 240). The
act was said to be invalid as to natural persons as an invasion of
their constitutional right to contract (Leep v. St. Louis etc. R. Co.
(1894), 58 Ark. 407, 25 S. W. 75). However, it is valid as regards
railroad companies (Leep case; St. Louis I. M. & S. R. Co. v. Paul
(1899), 173 U. S. 404,19 Sup. Ct. 418); and the acceptance of wages
after the penalty has accrued will not release the employer from pay­
ing such penalty, and separate action will lie for its recovery (St.
Louis I. M. & S. R. Co. v. Pickett (1902), 70 Ark. 226, 67 S. W. 870;
Same v. Bryant (1909), 92 Ark. 425, 122 S. W. 996).
The California law is of general inclusiveness, limiting to 30 days
the period for which the penalty wage continues. This statute has
been held constitutional by the courts of that State on the ground that
the prompt payment of employees’ wages is a matter that affects the
public generally, and that the statute protects and promotes the wel­
fare of the community, and is not unjust (Manford v. Memil Singh
(1919), 40 Calif. App. 700, 181 Pac. 844, citing Moore v. Indian
Spring Channel Gold Mining Co. (1918), 37 Calif. App. 370, 174
Pac. 378).
The California law provides that the penalty ceases to run on the
commencement of action, so that where action was brought within
19 days from the date of the discharge, it was not proper to allow a
penalty for the maximum period of 30 days named by the law;
neither can an assignment carry a right to a penalty accruing subse­
quent to its date (Martin v. Going (1922), 57 Calif. App. 631, 207
Pac. 935). The Arizona law is of a similar nature, generally, but en­




PAYM ENT ON TERMINATION OF EMPLOYMENT

21

forceable only by fine, with no penalty running to the employee.
This law was sustained as valid over the contention that it amounted
to imprisonment for debt (Arizona Power Co. v. State (1917), 19
Ariz. 114, 166 Pac. 275).
The courts of Idaho, in construing the law of that State, held that
payment of wages without the accrued penalty stops further penalty
(Robinson v. St. Maries Lumber Co. (1921). 34 Idaho 707, 204 Pac.
671); but that where the claimant demanded more than his due this
did not excuse the employer from tendering the correct amount,
which, failing, the penalty accrued, the statute being held constitu­
tional as within the police power of the State (Marrs v. Oregon S.
L. R. Co. (1921), 33 Idaho 785, 198 Pac. 468). The liability under
the statute arises not from a failure to pay the amount demanded,
but from failure to pay the wages or salary due at the time of demand
(Hindman v. Oregon S. L. R. Co. (1918), 32 Idaho 133, 178 Pac.
837).
The South Carolina statute was said to be a declaration of the
public policy of the State, its provisions forming a part of any con­
tract entered into between an employer and his employees, not sub­
ject to waiver by any agreement between them (Cato v. Grendel Cot­
ton Mills (1925), 129 S. E. 203). However, where the discharged
man was also a tenant in a mill cottage, rent accruing after his dis­
charge might be deducted from the amount recoverable as wages and
penalty. The law had been sustained as constitutional, not denying
the employer the property without due process of law or the equal
protection of the law, or interfering with the liberty of contract
(Wynne v. Seaboard Air Line R. Co. (1913), 96 S. U. 1, 79 S. E.
521). A similar view to that expressed in the Cato case appears in
a decision of the Washington Supreme Court where a contract pro­
viding for notice of intention to leave employment was invoked as a
defense against the provision of law requiring immediate payment
on the termination ox employment, the court ruling that the “ statute
establishes a rule of public policy,55 and to put it within the power
of a corporation to exact a contract modifying its effect would “ set
at naught the plain provisions of the statute 55 (Burdette v. Broad
View Dairy Co. (1923), 123 Wash. 158, 212 Pac. 181).
The courts in each of the above instances had taken the view that
the law in question was constitutional. However, this view is not
universal. The Supreme Court of Michigan declared the law of that
State unconstitutional on several counts, partly technical, such as
failure to include the penalty provision in the title of the act, and
partly on the ground that the penalty was excessive, confiscatory,
and unreasonable. Failure to pay on termination of employment in­
volved a penalty of 10 per cent of the indebtedness to be added daily
until payment, the same to be classed as liquidated damages. The
statute was declared unconstitutional on account of arbitrary classi­
fication, as “ class legislation of a most objectionable kind,5 and as
imposing a penalty for the benefit of the employee under the guise of
liquidated damages, confiscatory in its nature and not provided for
in the title of the act (Davidow v. Wadsworth Mfg. Co. (1920),
211 Mich. 90,178 N. W. 776). It would seem that a law more skillfully
drawn and entitled, and possibly with less drastic penalty provisions,
might escape the destructive criticism of this opinion, but it is observ­




22

LAWS RELATING TO THE PAYMENT OF WAGES

able that an act of the legislature of 1925 merely declares the em­
ployer’s duty to pay discharged employees the wages earned “ forth­
with as soon as the amount due can with the utmost diligence be
ascertained,” no damages for noncompliance being named, but viola­
tions being classed as misdemeanors. Improper classification was held
fatal to a Kansas statute which applied to all private corporations
doing business within the State except steam surface railways and
corporations engaged in the production of farm and dairy products.
Discharged employees were to receive as liquidated damages 5 per
cent per month of any unpaid wages due at the time of discharge.
This act was amended in 1919 (ch. 221) by continuing the full wages
in force at the same rate as the workman had been earning, the pen­
alty to run until final payment. Besides the fault of classification,
the payment of penalty to a private person was held to be in viola­
tion of a specific provision of the State constitution, so that the earlier
act and its amendment were “ altogether void ” (Livingston v. Sus­
quehanna Oil Co. (1923), 113 Kans. 702, 216 Pac. 296). There was in
existence at the time of this trial an act of 1911 (secs. 5880, 5881,
Gen. Stats.) which was of general application to firms and corpora­
tions, and provided for wages to continue for not more than 60 days
at the same rate as if services had continued. Of this statute the court
said that it does not trench on either the State or the Federal Consti­
tution, so that “ no constitutional infirmity inheres in the act.” While
the statute calls the continued allowance of wages a penalty, the court
was of the opinion that “ it is essentially compensatory in its nature,”
remedying a private wrong which was especially burdensome in the
case of corporations represented by various officials and functionaries
without personal liability. The distinction between such employment
and that of the individual employer not covered by the act was suffi­
ciently different to leave the law in effect.
An Indiana statute (Acts of 1915, ch. 51) required payment within
72 hours after demand by an employee leaving employment, con­
tinuing the wage for a period not to exceed the amount originally
due; also subjecting the employer to a fine of from $100 to $500.
It was said of this statute that it deprived of due process and equal
protection of the laws, the penalty being “ so severe and oppressive
as to be wholly disproportioned to the offense.” The statute was
therefore declared void (State v. Martin (1023), 193 Ind. 120, 139
N. E. 282). Like condemnation was visited on an act of 1913
(ch. 27), which provided for a semimonthly pay day, and penalized
nonpayment on discharge. As to the first named feature, the court
found it as arbitrary an interference with the freedom of contract
as the law found unconstitutional in the case, Republic Iron & Steel
Co. v. State (p. 17), and for that reason invalid. But the chief
objection was the cumulative penalty for nonpayment on discharge,
“ threatening such dire consequences ” if the employer should venture
to litigate the claims, as arbitrarily to deprive him of property m an
unconstitutional manner (Superior Laundry Co. v. Rose (1923),
193 Ind. 138, 137 N. E. 761).
An incidental question arising out of the operation of a law of
this ckiss was passed upon by the Supreme Court of Washington
(State v. Superior Court of King County (1913), 73 Wash. 33, 131
Pac. 466), where the matter of jurisdiction was involved. Unpaid




PAYM ENT ON TERMINATION OP EMPLOYMENT

23

wages amounting to $9.50 were found to be due in a suit before a
justice of the peace, together with a statutory award of $25 for
deferred payment. An appeal to a higher court was sought, and the
question was as to whether or not the law limiting appeals to
cases amounting to at least $20 was a bar. The Supreme Court
ruled that the penalty for deferred payment was a part of the
amount in issue as truly as the actual wage debt, so that the appeal
to a higher court would lie.
In a few States, laws exist regulating the giving of notice on
the termination of employment. The tendency is to establish an
equality of requirements,.so that if an employer insists on a certain
period of notice from an employee, the law requires reciprocal notice
on his part in case of intended discharge. Under such a law it
has been held that an employee is not subject to any forfeiture of
wages by reason of leaving service without notice where an employer
reduced the wages below the rate paid at the time the contract was
entered into; nor on the other hand does the employer incur the
penalty of forfeiture by reducing the wages without notice, since
such an act is not a discharge (Cote v. Bates Manufacturing Co.
(1897), 91 Me. 59, 39 Atl. 280) . In a later case it was contended
that the law of Maine providing forfeiture in case of departure
without notice had been repealed by the statute requiring weekly
payment of wages, and the payment of any employee leaving em­
ployment at the next regular pay day. The court rejected this
contention, and held that while both laws related to the payment
of wages, they had regard to different aspects of the question, and
could coexist without conflict; a person abandoning employment
without notice, under an agreement to give one week’s notice, was
therefore held to have forfeited wages for the last week worked
(Veitkunas v. Morrison (1915), 114 Me. 256, 95 Atl. 947). This rule
is an obvious application, modified by the requirement of reciprocity,
of the common-law doctrine referred to at the beginning of this
section, according to which an employee leaving service without
good cause can recover nothing on account of past services, either
on contract or on quantum meruit—a rule that was enounced in
connection with a statute of Arkansas (sec. 6886), which was merely
declaratory of the common law (Latham v. Barwick (1908), 87 Ark.
328, 113 & W. 646). So in construing a reciprocity provision of
the law of Wisconsin (sec. 103.17), it was said that an employer
discharging an employee without the agreed notice was liable to
him in damages, the measure being the wages he would have earned
during the period of notice (Babcock v. Appleton Mfg. Co. (1896),
93 Wis. 124, 67 N. W. 33); and where an employee quits without
notice, he will be held to lose his wages for the agreed period, the
amount being regarded as liquidated damages, and not as a penalty.
(Fisher v. Walsh (1899), 102 Wis. 172, 78 N. W. 437).
The law of Connecticut forbidding the withholding of wages for
failure to give notice was said not to prevent an agreement, under
forfeiture, that reciprocal notice should be given (Pierce v. Whittle­
sey (1889), 58 Conn. 104, 19 Atl. 513). It was said in this case
that there was a fair contract, on sufficient consideration, the agree­
ment being to relinquish the wages in case of leaving without notice,
so that none were due.




24

LAWS RELATING TO THE PAYMENT OE WAGES

SCRIP—COMPANY STORES

The use of scrip, tokens, or orders in lieu of currency for the
payment of wages has been restricted or prohibited by the laws of
a number of States. There are obvious evils connected with such a
practice, including the limitation of the employees’ freedom to con­
tract, the establishment of monopoly, and the circulation of evidences
of indebtedness that are of questionable status. That the practice
may be condemned under principles of common law is evident from
a decision of the Supreme Court of Florida, which declared invalid
a contract between a large employing corporation and a commercial
partnership, providing that the employer should lease its storehouse
to the partnership, and pay its employees in merchandise checks di­
rected exclusively to the latter; the partnership to pay the employer
5 per cent commission on its gross sales. Such a contract was said
to tend toward monopoly, increasing the price of goods, and injuring
a large number of persons, so that it was unenforceable (Stewart v.
Stearns & Culver Lumber Co. (1908), 56 Fla. 570, 48 So. 19).
The validity of laws regulating the subject is sustained by a leading
decision of the Supreme Court (Knoxville Iron Co. v. Harbison
(1901), 183 U. S. 13, 22 Sup. Ct. 1). A Tennessee statute required
employers generally who issued orders or coupons in payment of
wages to redeem the same in good and lawful money in the hands of
employees or of bona fide holders. The instant case involved a claim
of a buyer at a discount of 15 per cent. He was held to be a bona
fide holder within the terms of the law, and the company liable for
payment. Coal orders had been issued under circumstances amount­
ing practically to compulsion, and it was ruled that these were within
the intended purpose of the law to ameliorate the condition of em­
ployees who were at some disadvantage in dealing with their em­
ployers, so that the redemption at face value was ordered. The stat­
ute applies not only to citizens of the State, but to foreign corpora­
tions as well, as a condition of their doing business in the State
in compliance with its laws (Dayton Coal & Iron Co. v . Barton
(1901), 183 U. S. 23, 22 Sup. Ct, 5).
The statute under consideration above was of general applica­
tion. Laws attempting classification have been declared invalid on
account of discrimination, as between corporations and other classes
of employers, and also between corporations or trusts employing 10
or more persons and those with a smaller number (State v. Haun
(1899), 61 Kans. 146, 59 Pac. 340). The court here said further
that the statute was an interference with the right of competent
persons freely to contract, but it may be noted that this expression
is not in harmony with the somewhat later pronouncement of the
Supreme Court. The same defect was found by the Supreme Court
of Indiana in an act of March 11, 1901, which forbade the issue in
or about coal mines in payment for the assignment of wages of em­
ployees of any check, token, or device redeemable otherwise than in
lawful money. The statute was directed to merchants accepting
such assignments, and was said to be class legislation, making an
inequality between citizens equally meritorious and not essentially
dissimilarly situated (Dixon v. Poe (1902), 159 Ind. 492, 65 N. E.
518).




SCRIP---- COMPANY STORES

25

Contrasting with the argument in the Haun case is a declaration
of a Kentucky court upholding a law of that State which was appli­
cable to corporations employing 10 or more persons in mining. It
was said that the classification was consistent with the ends sought
by the constitution of the State, that only large concerns would
have company stores at which its scrip would be redeemable, and
that the law met the abuse sought to be corrected, and was valid
(Commonwealth v. Hillside Coal Co. (1900), 100 Ky. 47, 58 S. W.
441). In another case it was held no violation of the law for a min­
ing company to issue checks to its employees on their application,
payable in merchandise at a company store, such checks being is­
sued between pay days. Any balance owing the employee was paid
in cash at . the end of the month, but no checks were redeemed.
(Avent Beattyville Coal Co. v. Commonwealth (1894), 96 Ky. 218,
28 S. W. 502.) This was a criminal prosecution, and in a civil case
of later origin it was held that this decision did not uphold the
employer in a refusal to redeem his orders in the hands of a pur­
chaser; but that after the wages were due, redemption in money
was required by law and the right to such redemption was transfer­
able (Pond Creek Coal Co. v. Riley Lester & Bros. (1916), 171
Ky. 811, 188 S. W. 907). Such redemption must be at the face
value, the constitution of the State so requiring in its declara­
tion that designated wage earners “shall be paid for their labor in
lawful money.” Redemption of time checks at a reduction of 10 per
cent was declared to be a violation of the usury law, and not defen­
sible as an interest charge (Kentucky Coal Mining Co. v. Mattingly
(1909), 133 Ky. 526, 118 S. W. 350).
The status of tokens “ good in trade” issued by an employer who
refused to redeem them, while the merchant on whom issued like­
wise refused, was before the Indiana Appellate Court in a case
in which it ruled that such issue was a violation of law, and that
the tokens were not even evidence of indebtedness (Naglebaugh
v . Harder <& Hafer Coal Mining Co. (1898), 21 Ind. App. 551,
51 N. E. 427). However the workman had not forfeited his claim
for wages by accepting such tokens, but could sue only on quan­
tum meruit, the tokens not being an indication of the amount con­
tracted for. An assignee was in no better position as to the re­
demption, and a refusal of the parties to redeem such tokens would
give him no ground for action, since they were not commercial in
quality, as he well knew when he took them. The court raised
the question, but did not answer it, as to the subrogation of the
assignee by means of an equitable assignment to the right of the
employee to sue upon an account for labor, which would have been
the original holder’s only recourse. The New Jersey Supreme Court
carried the point further in a criminal proceeding which was sus­
tained against an employer who issued scrip in violation of a law for­
bidding such action, even though the employee agreed to accept such
scrip in payment; the penalty attached was said to affect the employ­
er only, and not the bookkeeper who was the agent in the transaction
(Cumberland Glass Co. v. State (1895), 58 N. J. 224, 33 Atl. 210).
The same position was taken by the Appellate Court of Missouri,
which declared that the statute was expressive of public policy
and could not be waived (State v. Benn (1902), 95 Mo. App. 516,
69 S. W. 484).



26

LAWS RELATING TO THE PAYM ENT OF WAGES

The Supreme Court of Missouri adopted a position that made
an exception to the majority of the courts, and apparently disre­
gards the pronouncement of the Supreme Court in the case of Knox­
ville Iron Co. v. Harbison, supra. This court had before it the
same statute that was construed in the Benn case above, and de­
clared it unconstitutional as interfering with the right of contract
(State v. Missouri Tie & Lumber Co. (1904), 181 Mo. 536, 80 S. W.
933). The same position was taken by the Texas Court of Criminal
Appeals (Jordan v. State (1907), 51 Tex. Cr. App. 531, 103 S.
W. 633).
The decision last noted apparently discouraged the Texas Legisla­
ture, but in Missouri a law remains that requires the operators of
all factories to pay wages semimonthly in “ lawful money.” It
may be noted that the attitude of the courts of Texas, without
regard to the statute, has been such as to give the holders of scrip
or time checks a very uncertain right to recovery in any proceedings
before the courts. It was said that an employer paying employees
in scrip marked “ not transferable,” accepted at its own store for
goods, need not redeem such scrip in the hands of a third person
who had accepted it in payment for goods sold to country people
who had sold produce to the employees of the issuing company, ac­
cepting this scrip as a medium of exchange. It was said that the
employer might refuse to issue any scrip without giving the plain­
tiff ground for complaint, neither could he complain if scrip was
issued by the employer, subject to the restriction against transfer,
and the trade of his employees thus absorbed (Robison v. Texas
Pine Land Ass’n (1897), Tex. Civ. App. 40 S. W. 843).4 It was
said in another case that time checks issued between pay days as
orders on the employer’s company store only, not showing to
whom or lor what they were issued, nor showing any assumption of
liability on the part of the company, did not create a prima facie
liability for their redemption; nor did mere possession raise any
presumption that a holder was entitled to the rights of the per­
son to whom they were issued (Attoyac Lumber Co. v. Payne
(1909), 57 Tex. Civ. App. 327, 122 S. W. 278). Such a construction,
in the absence of a prohibitory statute such as existed in the Naglebaugh case, above, seems suggestive of an encouragement to escape
liability for a promise made, and is in contrast with the attitude
of the court in Kentucky Coal Mining Co. v. Mattingly, supra, where
it was said that such a time check was a promise to pay, presumed
by law to be for adequate consideration, of such value as the face
indicated, and not requiring proof of genuineness as against the
party issuing the same if he is unwilling to deny such genuineness.
It is clear that the majority of the courts are inclined to hold
the employer responsible for such issues, while at the same time
statutes regulating the subject are regarded as valid. Other cita­
tions to this effect are one of the Supreme Court upholding section
1819 of the Virginia Code (Keokee Consol. Coke Co. v. Taylor
(1914), 234 U. S. 226, 34 Sup. Ct. 856); a West Virginia decision
holding the law of that State constitutional (Atkins v. Grey Eagle
Coal Co. (1915), 76 W. Va. 27, 84 S. E. 906, and citing an earlier
4 Compare Stewart case, p. 24, as to position in regard to monopoly.




DEDUCTIONS AND DISCOUNTS

27

decision upholding an antiscrip law where it was said that the
statute was passed with a view to cutting off opportunity for fraud,
and was fairly within the police power of the legislature (State v.
Peel Splint Coal Co. (1892), 36 W. Va. 802, 15 S. E. 1000) ; and a
rather cautious decision by the Supreme Court of Arkansas in
which a statute requiring the redemption of store orders was held
valid as a regulation of corporations under the reserve power of
the State legislature (Union Saw Mill Co. v. Felsenthal (1908), 84
Ark. 494, 108 S. W. 217). The California Supreme Court made
no such qualification in upholding the law of that State, saying that
it was applicable to contracts in general, such contracts being sub­
ject to reasonable regulation designed to promote the general wel­
fare (Ex parte Ballestra (1916), 173 Calif. 657,161 Pac. 120) ; while
a Louisiana law of similar effect was held valid both in its main as­
pect and in the provision authorizing a recovery of 10 per cent at­
torney’s fees (Regan v. Tremont Lumber Co. (1913), 134 La. 199,
63 So. 874).
The operation of company stores is closely bound up with the issue
of scrip and store orders, and has been absolutely prohibited in vari­
ous States. The Supreme Court of Porto Rico regarded itself as
warranted in sustaining a law of the island requiring cash payments
and in allowing recovery in cash for any sum otherwise paid, citing
as its basis of action decisions of the courts of the United States,
State and Federal (People v. Heirs of Serralles (1923), 31 P. R.
Rep. 699).
Although such laws are valid within the doctrines already pre­
sented, they can not go so far as to interfere with the financial inter­
ests of individuals, members of an employing corporation and in­
terested in merchandise. Thus a Maryland law making it unlawful
for any officer of a corporation to have any interest whatever in any
merchandise business, whether or not sales are made to the employees
of the corporation, was said to be obnoxious to the equal protection
clause of the fourteenth amendment (Luman v. Hitchens Bros.
(1899), 90 Md. 14, 44 Atl. 1051). So also in a Pennsylvania case, a
law forbidding manufacturing corporations to make goods for or sell
goods to their employees other than goods of their own manufacture
as allowed in the charter was said to prevent the owners of stock of a
corporation from engaging in other business, and the fact that stock­
holders in a company are also partners in a store does not make the
two identical. I f any employee directs his wages to be applied on a
debt for goods sold to him by such store, it is a valid transaction and
he can not afterward recover his wages from the employing company
(McManaman v. Hanover Coal Co. (1890), 6 Kulp 181). Also
where store orders were accepted, the law o f North Carolina declar­
ing scrip transferable (sec. 4479) was said not to authorize a demand
for redemption in money, as restrictions on the right to contract
must be strictly construed (Marriner v. Roper Co. (1893), 112
N. C. 164,16 S. E. 906).
DEDUCTIONS AND DISCOUNTS

In line with the purpose of securing the full payment of wages
earned or contracted for are laws relating to the withholding of




28

LAW S RELATING TO THE PAYM ENT OF WAGES

discounts for advances made prior to the regular pay day. The
amount deductible for such payments may be regulated, or deduc­
tions may be prohibited entirely. The law of Indiana simply re­
quires payment of wages in full at fixed pay days, “ if demanded.”
It was held that where partial payments in advance were accepted,
minus an agreed discount of 10 per cent, there was no violation of the
law forbidding assignment of wages. Payments had been made
semimonthly but could be had weekly, under the law, if demand was
made. In the absence of such demand there was no basis for a re­
covery under the weekly payment law; and since the deduction had
been agreed to at the time, it must be deemed that the employee
chose the smaller sum in consideration of the earlier payment
(Princeton Coal Co. v. Dorth (1921), 191 Ind. 615, 133 N. E. 386;
rehearing denied (1922), 191 Ind. 615, 134 N. E. 275).
A law of Massachusetts regulates deductions for imperfect work,
made from the pay of the following week. A workman from whose
wages such deduction had been made claimed a violation of the law
requiring weekly payment in full, but the court ruled that this pro­
vision had been met since the workman had been overpaid for the
preceding week and the contract as to deductions Avas a lawful and
justifiable arrangement, the acceptance of which was implied by con­
duct if not in words (Gallagher v. Hathaway Mfg. Co. (1898), 172
Mass. 230, 51 N. E. 1086). The Supreme Court of Georgia passed
upon the question under the terms of the common law, holding that
in the absence of an agreement or recognized custom an employer can
not make deductions from an employee’s wages to offset losses due
to the employee’s mistakes (Georgia R. Co. v . Gouedy (1900), 111
Ga. 310, 36 S. E. 691). It was also held in this case that receipting
a monthly payment for the balance under protest did not estop the
employee’s claim for the amount deducted.
Several States prohibit the deduction of wages for tLe main­
tenance of relief associations or hospitals by the employer as a com­
pulsory proposition. Such a law was held constitutional by the
Supreme Court of Ohio, and an employee was allowed to recover
penalties for its violation (Baltimore & O. S. W. R. Co. v . Bailey
(1919), 99 Ohio St. 312, 124 N. E. 195). However, where such de­
ductions have been made in violation of the law, illegality of the
act can not be pleaded by the employing firm as exempting it from
liability under its contract to supply hospital treatment to workers
whose wages have thus been withheld, nor from liability for dam­
ages for the malpractice of a surgeon employed by it (Wabash R. Co.
v. Kelley (1898), 153 Ind. 119, 52 N. E. 152).
A different phase of the problem was involved in an Illinois case
where salaries of public employees were levied on for the establish­
ment and maintenance of a retirement fund. Certain classifications
must be observed on account of the provisions of the constitution
and laws establishing the offices, but the principle itself was sustained
(Higgins v. Sweitzer (1920), 291 111. 551, 126 N. E. 207). The con­
tention was made that the plaintiff was deprived of property with­
out due process of law, but the court ruled “ that the right to pro­
spective salary of an office or position is not a property right,” so
that the deduction “ in no sense invaded any property rights of the
persons affected,” citing Helliwell v. Sweitzer (1917), 278 111. 248,
115 N. E. 810.



LAW S RELATING TO THE PAYM ENT OF WAGES

29

PRIORITY OF WAGE CLAIMS

The right of workmen to*a prior claim to the results of their
labors has long been recognized, the common law giving a lien on
property worked on at the request of the owner or other properly
authorized person, enforceable by sale, from the returns of which
the charges of the workmen are to be paid. This applies to per­
sonal property, and practically every State has a statute defining and
enforcing this right. Liens on realty are also provided for to secure
the payment of wages for improvements. The liens given in these
various cases are of a superior rank, and the principle is extended
to the general situation in which an employer of labor has died, be­
come bankrupt, or is otherwise disqualified, executors and adminis­
trators as well as receivers and assignees being subject to service
for such preferred claims. The statutes on the subject define the
relative rank of such claims, subsequent to claims of the govern­
ment and to the costs of administration or preservation of the estate,
etc., but ranking above the ordinary debts. The constitutionality
of such laws would seem to be thoroughly established, but a challenge
was made of a Kentucky statute on the ground that it was dis­
criminatory. The United States Circuit Court of Appeals, however,
sustained the law, even though of somewhat limited application, i. e.,
to manufacturing establishments, and found the classification not
unreasonable or arbitrary (Central Trust Co. v. George Lueders &
Co. (1915), 221 Fed. 829).
The priority of wage claims does not assist a person voluntarily
assuming the obligation of meeting such claims, as where the presi­
dent of a corporation advanced money on his own account to pay
the wages of the workmen, corporation funds being lacking; he was
not allowed to recover, although claiming that by his act he was
subrogated to the rights of the workmen (Suddath v. Gallaher
(1894) , 126 Mo. 393, 28 S. W. 880). Possibly some doubt is cast on
the correctness of the ruling in that case by the declaration of the
Supreme Court that the preference given by the Federal bankruptcy
act affects the debt and not the person owed, so that it follows the
wage claim into the hands of an assignee, attaching “ to the claim
and not the claimant ” (Shropshire, Woodliff & Co. v. Bush
(1907), 204 U. S. 186, 27 Sup. Ct. 178). Though this case is not on
all fours with the Suddath case, it does appear to be in direct con­
tradiction of a decision by the Supreme Court of Arkansas to the
effect that a preference granted by such a statute is a personal right
which does not pass with an assignment of the debt (Richeson v,
National Bank of Mena (1910), 96 Ark. 556, 132 S. W. 912).
A distinction was drawn in an Oregon case (Falconio v. Larsen
(1897), 31 Oreg. 137, 48 Pac. 703), where it was said that the right
to the preference is personal in so far as the exercise of the privilege
of claiming it is concerned, but when the right is once exercised
it becomes an incident of the debt or claim and passes with an
assignment, so that it carries over every advantage that the laborer
himself may have had in prosecuting the claim. In this connection,
mention may be made of a case involving the same principle, though
arising in connection with a different class of regulation (National
76982°— 26------ 3




30

LAW S RELATING TO THE PAYM ENT OF WAGES

Market Co. v. Maryland Casualty Co. (1918), 100 Wash. 370, 170
Pac. 1009). Here an assignee of workmen’s wages sought to claim
the protection afforded employees by a contractor’s bond, when
checks in which they had been paid were not honored by the bank
on account of insufficient funds. The court held that the contractor
and his guarantor were liable to the present holder equally with
their liability to the original recipients of the checks as wage pay­
ments.
The Supreme Court of Missouri considered the preference law of
that State in regard to the charge that it effects an impairment of
rights, ruling that the statute impressed on the assets in the hands of
a receiver or trustee a priority in the nature of a lien in favor of
wage earners only after the transfer had been made, that due notice
and opportunity for contest had been provided, and that therefore
there was no failure of due process of law (Hennig v. Staed (1897),
138 Mo. 430, 40 S. W. 95).
The preference given by the New York statute affects “ wages or
salaries actually owing to the employees of the assignor or assignors
at the time of the execution of the assignment.” This wras held to
cover all wage debts then owing, and not merely debts owed to
persons then employed. (In re Scott (1896), 148 N. Y. 588, 42
N. E. 1079.) Inasmuch as the Federal statute grants priority to
such debts as are given priority by the State law, wages having
this favored status under the New York statute which were not
earned within the three months prior to commencement of proceed­
ings in bankruptcy designated by the Federal law, are nevertheless
secured by it (In re Slomka (1902), 117 Fed. 688).
Some conflict appears to exist with regard to the relative rights
of wage claimants and holders of. prior mortgages. Thus it was
said of the Missouri preference law that it was not intended to
impair the vested lien of a prior mortgage (Fitzgerald v. Meyer
(1896), 65 Mo. App. 665) ; but that it does give a preference over
all other liens except mortgage liens (Cunningham v. Mining Co.
(1903), 103 Mo. App. 398, 76 S. W. 487) ; while an Indiana court
(Bell v. Hiner (1896), 16 Ind. App. 184, 44 N. E. 576) held that
property transferred to a creditor under a chattel mortgage is sub'
ject to the wage-claim preference established by the statute, even
though the mortgage is of a date prior to the earning of such wages.
The supreme court of that State later took the view that such a rule
was founded on the broadest equity, being for the protection of a
peculiarly helpless and meritorious class of creditors (Small v.
Hammes (1901), 156 Ind. 556, 60 N. E. 342). However, the opinions
in these cases were .later disapproved and prior mortgages held
superior to preferences given to wage claims (McDaniel v. Osborn
(1905), 166 Ind. 1, 75 N. E. 647).
The United States Circuit Court of Appeals ruled that the New
York law was not sufficiently definite in its expression to support a
conclusion that a preference “ over all claims ” should be construed
as giving preference over prior mortgages (Schmidtman v. Atlantic
Phosphate & Oil Corp. (1916), 230 Fed. 769 (C. C. A .).) The same
court for another circuit construed an apparently more explicit law
of North Carolina (which provided that mortgages of corporations
can not exempt their earnings from execution to satisfy judgments




ASSIGNM ENTS

31

for wage debtors) to inure also to the protection of an assignee of
wage claims who had advanced money in exchange for such assign­
ments, operating through the employer and not dealing directly
with the men (Union Trust Co. v. Southern Sawmills & Lumber
Co. (1909), 166 Fed. 193 (C. C. A .).)5 The Supreme Court of
Florida likewise gave a broad construction to the law of that State,
holding that wages earned by employees after the appointment of a
receiver were entitled to preference over prior judgment creditors,
on the ground that the services rendered were necessary to the opera­
tion of the company (Florida Construction & Realty Co. v. Pournell
(1918), 76 Fla. 395, 80 So. 54); and it is not clear on what grounds
wage claims should be denied priority, even as against the holders
of prior mortgages, since in many cases at least, their continued
services are necessary to preserve the value of the mortgaged
property.
The question may arise as to who are contemplated by the law as
entitled to its benefits. A New York statute uses the term “ wages of
employees,” and defines an employee as a “ mechanic, workingman, or
laborer.” Such language was held to exclude the claim of the presi­
dent and manager of a bankrupt corporation, even though he did
manual work about the plant, the United States District Court stat­
ing that the purpose of the act was to protect the genuine employees
of stockholders, and not self-employed workers (Van Vlaanderen v.
Peyet Silk Dyeing Corp. (1921), 278 Fed. 993). In another case
construing the Federal bankruptcy act it was held that the general
manager of a company engaged in buying, selling, and repairing
motor cars was not entitled to the preference given, though the super­
intendent personally engaged in the work of the business was within
the act (Blessing v. Blanchard (1915), 223 Fed. 35 (C. C. A .)).
The law governing executions is construed in practically the same
way, as appears from a decision by the Supreme Court of Washing­
ton, where it was held that the statute directing the officer in charge
of property under a writ of execution etc., to pay wage claims after
notice did not deprive of property without due process of law nor
deny equal protection of the law (Gleason v. Tacoma Hotel Co.
(1897), 16 Wash. 412, 47 Pac. 894).
ASSIGNMENTS

Restrictions or prohibitions on the assignment of wages, and par­
ticularly of wages not yet earned, exist in the laws of a number of
States. This is obviously an interference with the freedom of the
employee to dispose of his earnings, and has been challenged on the
ground of its alleged infringement with property rights. However,
a law forbidding all assignments of future wages was sustained as
valid by the Supreme Court of Indiana (International Textbook
Co. v. Weissinger (1903), 160 Ind. 349, 65 N. E. 521), the court
holding that the law provided full weekly payment in order to secure
against delay and loss, and inconvenience and suffering on the part
of those dependent on such wages for support; while the prohibition
against assignments would safeguard the workman from oppression,
extortion, and fraud, and from the consequences of his weakness,
6 Compare this decision with that in the Sadduth case, p. 29.




32

LAWS RELATING TO THE PAYM ENT OF WAGES

folly, or improvidence—forms of expression that are strongly con­
demned in other decisions which declared laws invalid because treat­
ing competent adults as if they required guardianship. (See Godcharles & Co. v. Wigeman (1886), 113 Pa. St. 431, 6 Atl. 354.) In
this Godcharles case an antiscrip law was denounced as “ an insulting
attempt to put the laborer under a legislative tutelage.” Both expres ­
sions are extreme and neither attitude is necessary as a basis for a
determination of the constitutionality of restrictive laws.
Perhaps the leading case under this head is one decided by the Su­
preme Court of Massachusetts (Mutual Loan Co. v. Martell (1909),
200 Mass. 482, 86 N. E. 916), affirmed by the Supreme Court in 1911
(222 U. S. 225, 32 Sup. Ct. 74). The statute here was not prohibitive
but regulatory, and required that the employer accept assignments,
that they be recorded, and that the written consent of the spouse of
a married assignor be secured. The interference with the freedom
of contract was recognized, but it was said to be a valid exercise of
the police power of the State. Recording lessens opportunity for dis­
honesty, as it puts other creditors on notice, while acceptance by the
employer does away with litigation and protects against unscrupu­
lous money lenders. Provision requiring the written consent of the
wife of a man making an assignment was said to present a greater
degree of difficulty, as she had no legal claim to his wages. How­
ever, on the grounds of the general welfare and her interest in the
right use of the wages even though having no legal title thereto, that
provision was upheld. The Supreme Court approved of these
reasons, and added other grounds, saying that the law “ has the same
general foundation that laws have which prescribe the evidence of
transactions and the manner of the execution and authentication
of legal instruments.” The fact that banks and loan companies were
not covered by the law was held not an improper classification, since
it was uniform within the class to which it applied, thus falling
within the discretion of the legislature as to the scope of the law.
The Indiana law was held to bar an agreement authorizing in
advance that deductions should be made for a relief association
maintained by the employer (Wells v. Vandalia R. Co. (1913), 56
Ind. App. 211, 103 N. E. 360).
A Tennessee statute, containing the same provision as to accept­
ance by the employer as the Massachusetts law, was held to render
invalid an assignment not assented to by the employer either verb­
ally or in writing (West v. Jefferson Woolen Mills (1922), 147 Tenn.
100, 245 S. W. 542). This statute was said to be constitutional inas­
much as it was not retrospective and dealt solely with contracts in
the future, so that it impaired no obligations. An alleged bona fide
bin of sale of wages, involving excessive discounts, was held by the
United States Circuit Court of Appeals, construing a Tennessee
statute, to be “ merely a colorable scheme for the purpose of loaning
money at a usurious rate of interest,” the controlling question being
one of fact, not of the form or device used to cover up the actual
transaction. (Tennessee Finance Co. v. Thompson (1921), 278 Fed.
597 (C. C. A .).) However, the Supreme Court of Georgia (Tollison
v. George (1922), 153 Ga. 612, 112 S. E. 896) declined to extend the
penal provisions of its wage brokerage law to a case of direct and
absolute sale of a wage claim. Such sale was said to be affected only
by the provisions of section 20 of that act, requiring a verified notice




EXEMPTIONS

33

of the assignment before it should be binding upon any person to
whom it was directed. The penal provisions of the act were found in
a previous section and were held to relate only to the sections pre­
ceding it, so that failure to comply with the provisions of section 20
involved no penalty.
Other decisions in this field that may be noted are one by the
Court of Appeals of Maryland, upholding its law regulating assign­
ments as a valid exercise of the police power (Wight v. Baltimore &
Ohio R. Co. (1924), 146 Md. 66, 125 Atl. 881); one of Indiana sus­
taining the provision requiring the signature of a wife to an assign­
ment by a married man, and making the section containing that pro­
vision of general application, and not merely to dealings with wage
brokers (Cleveland, C. C. & St. L. R. Co. v. Marshall (1914), 182
Ind. 280, 105 N. E. 570); and one by the Supreme Court of Massa­
chusetts which limited the validity of any assignment to the term
of employment with the employer accepting the same, so that service
on a new employer would be of no effect, and would be enjoined as
oppressive and “ intended to embarrass and hinder” the employee in
the lawful exercise of his trade (Raulines v. Levi (1919), 232 Mass.
42, 121 N. E. 500). An Alabama law absolutely forbidding assign­
ments was held valid on the ground that the legislature might regu­
late the lending of money (Alabama Brokerage Co. v. Boston
(1922), 18 Ala. App. 495, 93 So. 289); and where an assignment
forbidden by the act was presented to an employer and payment in­
sisted on, resulting in the employee’s discharge, the latter was en­
titled to recover damages against the loan company.
A common-law decision of the Supreme Court of Alabama sus­
tained the validity of a standing arrangement by which an em­
ployer agreed to meet the indebtedness of his employees to a mer­
cantile company up to $25 per month if so much had been earned,
and any garnishment by another creditor would affect only the ex­
cess above such assignment if any (Harrison v. Louisville & N. R.
Co. (1898), 120 Ala. 42, 23 So. 790); while in Colorado a continu­
ing assignment of wages to a supply company was held valid, the
extension of credit being a valuable consideration (Colo. Fuel &
Iron Co. v. Kidwell (1904), 20 Colo. App. 8, 76 Pac. 922). It was
said that the assignment would necessarily be indefinite since the
term of employment was uncertain and also the amount of supplies
desired; but as the intention of the parties was clear, the assign­
ment would take precedence over claims by attaching creditors.
Where assignments are made under the terms of acts regulating
wage brokers, or under the small loans acts or similar statutes, the
terms of the laws must be complied with.6 A somewhat frequently
occurring provision is one limiting the amount assignable, or, to
state the rule conversely, exempting certain percentage of the wages
from assignment. The foregoing discussion of principles of con­
struction applies to these laws, some of the cases being based directly
on such legislation.
EXEMPTIONS

A very common protective provision is an exemption of a certain
amount or percentage of the employees’ wages from garnishment,
• For a summary of these laws, see Bui. No. 370, pp. 62-65.




34

LAWS RELATING TO THE PAYM ENT OF WAGES

attachment or other process, in order to secure to those dependent
upon their wages a means of support for themselves and their fam­
ilies. Such laws are constitutional, and their provisions may not be
waived (Richardson v. Kaufman (1905), 143 Ala. 243, 39 So. 368).
Common phraseology makes the law apply to the wages, earnings, or
salary of a judgment debtor, or to all “ daily, weekly, or monthly
wages.” The latter is the present reading of the Georgia statute, but
an earlier law was enacted for the benefit of “ journeyman mechanics
and day laborers.” This gave rise to litigation as to who are and
who are not included under the act. It was recognized that wages
included not only stipulated daily earnings, but also earnings at
piece or contract rates (Swift Mfg. Co. v. Henderson (1896), 99 Ga.
136, 25 S. E. 27); or under a similar law of Tennessee, iron puddlers
at ton rates (Adcock v. Smith (1896), 97 Tenn. 373, 37 S. W. 91).
The law of Georgia was held to be applicable to a street-car con­
ductor as a laborer (Stuart v. Poole (1901), 112 Ga. 818, 38 S. E. 41);
while that of Louisiana exempting “ laborer’s wages ” was construed
as applicable to workmen who “ possess no particular skill,” so that
a locomotive engineer would not be protected by the act (State v.
Land (1902), 108 La. 512, 32 So. 433). The court stated in its syl­
labus that “ mechanical engineers, electrical engineers, clerks, agents,
cashiers of banks, bookkeepers, and all that class of employees whose
employment is associated with mental labor or skill are not consider­
ed as laborers.”
As more commonly phrased, such discussions are not involved,
though the language of the law may involve a determination of the
status of the workman.as the head of a family. The Supreme Court
of Oklahoma (Rolator v. King (1903), 13 Okla. 37, 73 Pac. 291) con­
strued the law of that State as applicable to those who had persons
morally or legally claiming support from them, so that a single man
caring for his mother and sister was said to be within the terms of
the law.
Where the statute exempted a fixed amount it was construed to ap­
ply to the monthly wages, so that if the exemption covered such wage,
no single writ or series of writs could be levied to aggregate balances
so as to give a garnishable sum (Chapman v. Berry (1895), 73 Miss.
437,18 So. 918); nor can an employer neglect to plead the exemption
amount established by law and permit a levy to be made on wages in
his hands, such failure leaving him liable personally for any result­
ing judgment (City of Laurel v. Turner (1902), 80 Miss. 530, 31 So.
965). Where the law provides that the writ shall attach only to
wages due at the date of service, wages earned at that time but not
payable are not affected by the writ (Weaver v. Hill (1896), 97 Tenn.
402, 37 S. W. 142). It is, however, a common provision that a writ
has a continuing effect, so that as wages fall due the portion not pro­
tected by the exemption provision shall be paid over to the judgment
creditor until his claim is satisfied.
Special regulations exist in a number of States as to the garnish­
ment of the wages or salaries of public officers and employees. Thus
a Tennessee statute permits municipalities of the State to accept gar­
nishment the same as private employers, and this statute was held
constitutional over the contention that it was class legislation, since
employees of the State itself were not included. It was held, how­




EXEMPTIONS

35

ever, that the classification was natural and reasonable, and was with­
in the power of the legislature unless it could be shown to be palpably
arbitrary (Cavender v. Hewitt (1922), 145 Tenn. 471, 239 S. W. 767).
Inasmuch as the laws of different States vary in regard to exemp­
tion amounts, conditions, etc., a creditor might be disposed to sue else­
where than in the State of the debtor employee’s residence in order
to escape the limitation of the State law. Such transfer of claims
or removal of actions is quite generally prohibited, as being an at­
tempt to nullify the law enacted for the protection of citizens of the
State. Such a statute was sustained as constitutional by the Supreme
Court of Indiana, both parties to the proceeding being residents of
that State. The employer had been compelled to pay over the wages
due its workman under the judgment, whereupon the latter sued his
creditor, who had transferred a claim to a nonresident, and was
awarded damages for the alleged “oppressive garnishment” (Markley v. Murphy (1913), 180 Ind. 4, 102 N. E. 376). Inasmuch as the
statute was a penal one, it was contended that no private actionable
wrong could result from its violation, but the court declared that the
statute intended to preserve the debtor’s constitutional right and
protect by further legislation against action intended to subvert the
provisions of exemption laws of the State by “ sharp trick.” The de­
fendant was in fact exposed to a double liability—punishment by the
State and a compulsory remuneration of the injured party (citing
Kestler v. Kern (1891), 2 Ind. App. 488, 28 N. E. 726).
In the absence of a prohibitory law, it was ruled that where the
creditor assigned his claim to a nonresident who brought garnish­
ment proceedings, the latter acquired an inchoate lien on the debt
so that the employer could not voluntarily pay his workman the
subject amount; but no garnishment would be effective until judg­
ment was rendered. Prior proceedings within the State of the resi­
dence of the employer and employee determined certain exemption
rights of the latter which give him an immediate claim to his wages
which the employer would then be warranted in paying, and offering
such payment in defense of further proceedings in any other State
(Becker v. Illinois C. B. Co. (1911), 250 111. 40, 95 N. E. 42). It
was further found that if the employer delayed in making the pay­
ment until the judgment and issue of writ in the other State he was
still subject to the judgment of prior date in his own State, as the
State must enforce its laws in behalf of its own citizens, and the
status of the debt had been fixed before the foreign judgment was
rendered.
A law of Missouri forbidding suits in foreign jurisdictions to se­
cure judgments against wages owed to a resident of the State where
the employer was subject to process within the State was said to be
unconstitutional as creating discriminatory exemptions, abridging
the privileges and immunities of citizens, and depriving certain
creditors of the equal protection of the laws (In re Flukes (1900),
157 Mo. 125, 57 S. W. 545). This is, of course, in direct conflict with
the decision of the Supreme Court of Indiana in the Markley case
above; while the Supreme Court of Nebraska declared a similar law
constitutional (Gordon Bros. v. Wageman (1906), 77 Neb. 185, 108
N. W. 1067). Such a law has been on the statute books of a number
of States for several years, while a correlative statute is found in




36

LAWS RELATING TO TH E PAYM ENT OF WAGES

several States, declining to recognize judgments against the wages of
a nonresident workman entitled to exemptions by the law of the
State of his residence.
A converse proposition to that of exempting wages from execu­
tion is one declaring no property exempt from execution in an action
to secure the payment 01 wages. Sucn a law of the State of Wash­
ington was declared unconstitutional on the ground that it impaired
certain exemption rights guaranteed by the constitution of the State,
and was also violative of the rule of equal protection and immunities
secured by the constitution (Yerino v. Hickey (1925), — Wash. —,
237 Pac. 5).
SUITS FOR WAGES

While the technical procedure involved in bringing suits for wages
does not fall within the scope of the present undertaking a few
phases of the question may be noted.
Attorneys' fees.—A number of States have laws allowing the
successful claimant in a wage suit an additional recovery for attor­
ney’s fees. The validity of such laws is vigorously disputed. They
have been upheld as a valid provision in Indiana (Seeleyville Coal
Co. v. McGlosson (1906), 166 Ind. 561, 77 N. E. 1044), Illinois
(Vogel v. Pekoe (1895), 157 111. 339, 42 N. E. 386), Minnesota
(Schmoll v. Lucht (1908), 106 Minn. 188, 118 N. W. 555), Nebraska
(Singer *Mfg. Co. v. Fleming (1894), 39 Nebr. 679, 58 N. W. 226),
etc. In the last-named case the provision was upheld as compensatory
and not penal. No fee will be allowed if the recovery is less than
the amount demanded, since the employer will not be penalized for
refusing to pay more than was due (Fletcher v. Massey (1893), 49
IU .App.36).
In other States the provisions are condemned as giving one class
an unequal advantage over another. (Johnson v. Goodyear Min­
ing Co. (1899), 127 Calif. 4, 59 Pac. 304; Atkinson v. Woodmansee
(1904), 68 Kans. 71, 74 Pac. 640); or the objection may be made
that a plaintiff is, by such a law, given an advantage over a de­
fendant, rendering the statute void on the basis of improper class­
ification (Davidson v. Jennings (1900), 27 Colo. 187, 60 Pac. 354;
Randolph v. Supply Co. (1895), 106 Ala. 501, 17 So. 721; Chicago
R. I. & P. R. Co. v. Mashore (1908), 21 Okla. 275, 96 Pac. 630).
A law relating to railroad companies only was declared discrimina­
tory (Gulf, etc., R. Co. v. Ellis (1897), 165 U. S. 150, 17 Sup. Ct.
255). A like error of classification invalidated a Mississippi law
which applied to wage claims against a single class of debtors, i. e.,
manufacturers (Sorenson v. Webb (1916), 111 Miss. 87, 71 So.
273). The criticism as to classification may be met by granting
the attorney’s fee to the successful party, instead of to the claimant
only, and such a law has been declared constitutional as not being
class legislation (Grace Harbor Lumber Co. v. Ortman (1916), 190
Mich. 429,157 N. W. 96).
Overtime.—As a rule, suits for overtime pay will not succeed, in
the absence of a special agreement, as services rendered under a con­
tract are supposed to be covered thereby (United States v. Martin
(1877), 94 U. S. 400; Fitzgerald v. Paper Co. (1902), 96 Me. 220,
52 Atl. 655). Where the law forbids overtime work it has been




SUITS FOR WAGES

37

said that the employee working extra hours is equally a violator of
the law with his employer and can not recover additional wages for
such unlawful act (Short v. Builion-Beck Mining Co. (1899), 20
Utah 20, 57 Pac. 720). I f an employee voluntarily continues work
without any understanding as to whether he shall have pay for over­
time and protests only weakly against the failure to pay added
wages, it has been said that he will be deemed to have waived the
right to claim additional pay (Robinette v. Hubbard Coal Mining
Co. (1921), 88 W. Va. 514, 107 S. E. 285); and where an account
stated has been submitted and settlement made in accordance there­
with, such settlement will be a bar to any action for overtime pay,
even though the statute may fix the term of a legal day’s work
(Sumpter v. St. Helens Creosoting Co. (1917), 84 Oreg. 167, 164
Pac. 708).
Where the labor is on public works with provisions for overtime
in case of emergency, with compensation therefor, recovery will be
allowed under the principle that the State has the power to pre­
scribe for itself such rules of conduct as it deems best suited for the
particular work in which it is engaged (Turney v. J. H. Tillman Co.
(1924), 112 Oreg. 122, 228 Pac. 933) ; and even though the statute
makes no specific provision for additional pay for overtime, a law
prescribing current rates of wages for a day of eight hours
authorized recovery, on the part of a workman rendering 12 hours’
service daily, over a contention that by signing the monthly pay
roll as a receipt for his wages the claimant had waived his right
to action (Wright v. State (1918), 223 N. Y. 44,119 N. E. 83).
Bonus.—Whether a bonus promised for the purpose of securing
continuous service or diligent application can be recovered in an
action the same as wages seems not to be settled. The Supreme
Court of North Carolina (Roberts v. Mays Mills (1922), 184 N. C.
406, 114 S. E. 530) took the position that a promise to pay a bonus
at the end of the year to those remaining continuously in the com­
pany’s employ during the calendar year was a binding agreement
without other action on the part of the employee than by continuing
the work, and if an employee was discharged before the expiration
of period without good and sufficient cause he was entitled to a pro
rata amount of the promised bonus: A similar view was taken by
the Supreme Court of Minnesota (Youngsberg v. Lamberton (1903),
91 Minn, 100, 97 N. W. 571), and of Wisconsin (Zwolanek v. Baker
Mfg. Co. (1912), 150 Wis. 514, 137 N. W. 769). In the last case
named a by-law of the employing corporation promised a share of
the profits to employees who would give 4,500 hours’ service during
100 consecutive weeks. The company claimed that there was a
specific contract with the employee which controlled the situation
and that the by-law was not a part of such contract. The supreme
court of that State took the view that the fact of a written contract
did not change the situation, and that the by-law was an offer of
an award for constant and continuous service, the acceptance of which
would be presumed on performance of the work engaged in, “ and
after performance it can not be revoked, so as to deprive a person
who has acted on the faith thereof of compensation.”
Quite similar to the foregoing was the finding of the court in a
case (Wellington v. Con. P. Curran Printing Co. (1925), 216 Mo.




38

LAWS RELATING TO THE PAYMENT OF WAGES

App. 358, 268 S. W. 396), in which an employee was held to be en­
titled to recover an amount set aside as bonus for services rendered
during the previous year, under an agreement based on the promise
of the employer and complied with by continuance in service. It
was said that the offer by the employer and acceptance by the em­
ployee “ created a unilateral contract, and the principle of mutuality
of contracts as it is applied generally has no place in the consider­
ation of such contracts ” ; also that “ the compliance with the terms
of this offer of defendant created a contract supplementary to the
contract of employment.”
An opposite view was taken by the Court of Appeal of California,
in a case where a promise had been made of a bonus to all salaried
employees in the employment of the company during the calendar
year. Near the close of the year an employee was discharged without
cause, receiving wages only, the right to bonus being denied. The
court held that he was entitled to nothing more, since the proposal to
pay the bonus was in the form of voluntary gratuity and made no
change “ in the terms of their past, present, or future employment.”
The employee was not legally bound to remain, nor did the corporation
bind itself to retain his services, so that no right of recovery existed.
(Russell v. H. W. Johns-Manville Co. (1921), 53 Calif. App. 572, 200
Pac. 668.) A similar position was taken by the Appellate Court of
Georgia with reference to an agreement to pay an additional sum
above the agreed rate of earnings conditional on continuous and
satisfactory service, supported by no change in the nature of the
work done (Duncan v. Cone Co. (1915), 16 Ga. App. 253, 85 S. E.
203). This was said to be true whether the sum promised was defi­
nite or indefinite. In a similar case it was said that the condition of
satisfaction placed the matter of payment entirely within the option
of the employer (Davis & Co. v. Morgan (1903), 117 Ga. 504, 43 S. E.
732); and that such a payment would be a mere gratuity unless sup­
ported by a new consideration (Willingham Sash & Door Co. v.
Drew (1903), 117 Ga. 850, 45 S. E. 237). However, it was conceded
that if a promise thus conditioned was made at the beginning of the
term it would be enforceable (Phillips v. Hudson (1911), 9 Ga. App.
797, 72 S. E. 178).
When the employer reserves the right to discharge “ within the
sole judgment of the company,” the right to the bonus being thereby
forfeited, no action lies for the recovery even of the sum due at the
date of such discharge. “ Its forfeiture provisions seem harsh, but
we can only act upon the contract which the parties have made ”
(Fontius Shoe Co. v. Lamberton (1925), — Colo. —, 241 Pac. 542),
An agreement to pay a percentage of monthly profits does not
permit deductions on account of losses during unprofitable months
(Girman v. Hampel (1925), — Wis. —, 205 N. W. 393).
RAILROADS

The continuous operation of railway service is so absolutely neces­
sary to the maintenance of life that the transportation industry is
held to be affected with a public interest above other undertakings of
private capital. For many years there have existed boards or com­
missions for purposes of conciliation and arbitration, but no binding




RAILROADS

39

force attached to their awards, nor was the question of compulsory
acceptance judicially decided. However, the act of September 3, 5,
1916 (39 Stat. 271), fixing an eight-hour standard workday for em­
ployees in transportation contained a provision, transitory in effect
but clearly representing the principle, directing that during a limited
period wages should “ not be reduced below the present standard day’s
wage,” and for all necessary time in excess of eight hours “ not less
than the pro rata rate ” should be given. This act was passed at a
time of critical necessity in industry on account of the European war,
and was regarded by the Supreme Court as an arbitration award.
While popularly known as “ the Adamson eight-hour law ” it was in
actual effect an establishment of the eight-hour standard for measur­
ing a day’s work for purposes of reckoning compensation, in ac­
cordance with its own language. The court, by a divided bench,
ruled that the statute was a valid regulation of both hours and wages,
or at least that Congress had the power thus to regulate wages,
though some judges questioned whether the attempt was made at this
time (Wilson v. New (1917), 243 U. S. 332, 37 Sup. Ct, 298), A
lower court held, however, that, as it was an arbitration proceeding,
it affected only those classes of employees concerned in the dispute at
the time, i. e., those engaged in the movement of trains, so that it
was not applicable to the case of switch tenders, even though their
constant presence was necessary in order that trains might move
(Coke v. Illinois C. R. Co. (1919), 255 Fed. 190).
During the war-time administration of railroads by the United
States, wages were adjusted by a labor board. The effect of its awards
was considered in a variety of cases, the United States Circuit Court
of Appeals holding (Parker v. First Trust & Savings Bank (1920),
266 Fed. 961) that where a company declined to submit a dispute
to the board it was not bound by its determinations. On the other
hand, where an order of the Director General provided that colored
men employed in certain classes of service should be paid the same
rate of wages as white men in the same capacities, recovery could be
had for the wages of a negro brakeman who had been classed on the
pay roll as a train porter and been paid wages as such porter
in checks bearing the statement that they were “ in full for service
rendered” (Dick v. Davis (1923), 51 Wash. L. R. 278).
The transportation act of 1920 created the National Railroad
Labor Board to act as a board of arbitration, with power to give
publicity to its awards, but not to enforce them by legal processes
(Pennsylvania R. Co. v. United States Labor Board (1923), 261 U.
S. 72,43 Sup. Ct. 278). This ruling doubtless conflicts with the posi­
tion taken by the Supreme Court of Mississippi in a case (Rhodes
v. New Orleans G. N. R. Co. (1922), 129 Miss. 78, 91 So. 281), in
which the law was construed as giving authority to make binding
determinations, so that an unpaid balance under an award for wages
was held to be recoverable. Another aspect is given in a case when
the arbitral proceedings and findings of the board have been accepted
(Hoey v. New Orleans G. N. R. Co. (1925), 105 So. 310). The
Supreme Court of Louisiana here took the view that where the
company took action equivalent to a formal acceptance of a de­
termination of the board it was estopped from contesting a claim
for the amount awarded by it. It appears that the award was re­
garded as binding, not because Congress has power to establish



40

LAWS RELATING TO THE PAYMENT OF WAGES

rates of its own motion but because, an arbitral board having been
created and its acts recognized, the parties must abide by the con­
sequences of such submission.
It has been held that there is no offense committed against the
terms of the transportation act by reduction of wages by court order
where a railroad in the hands of a receiver was not able to pay the
existing rates, the law not being intended to produce confiscatory
effects in violation of the fifth amendment to the Constitution (St.
Louis Union Trust Co. v. Missouri & N. A. R. Co. (1921), 270
Fed. 796; Birmingham Trust & Savings Co. v. Atlanta B. & A. R.
Co. (1921), 271 Fed. 731). In the latter case a provision of the
arbitration act of 1913 requiring 20 days’ notice before reducing
wages was regarded as preventing the immediate taking effect of
the reduction for certain classes of employees, the court saying that
if the effect of such a construction was to concede to Congress the
power to fix wages for that period, “ a law so doing in avoidance
of strikes, even when a classification is made of employees, is a valid
regulation of commerce.” A more recent decision by the Supreme
Court of Georgia (Coffee v. Gray (1924), 158 Ga. 218, 122 S. E.
687) adopted the view indicated above, that where the paying of the
current rate of wages did in effect take property without due proc­
ess, in violation of the fifth amendment, the court could authorize
reduction of operating expenses, including the wage scale.
SEAMEN

The employment of seamen is practically exclusively governed
by Federal law, though certain remedies may be enforced in the
State courts. The provision against payment of advances at the
time of signing shipping articles was held to be applicable to for­
eign seamen signing in American ports, as well as to Americans
(The Kestor (1901), 110 Fed. 432). So also as to the right of pay­
ment, the Federal law requiring the payment of one-half the wages
earned at any port, refusal effecting a termination of the contract
and immediate liability for all wages earned. This provision was
held applicable in the case of a seaman shipping abroad in the ser­
vice of a foreign vessel under a contract to receive his pay only at
the expiration of the three-year term for which the contract was
made (Strathearn S. S. Co. v. Dillon (1920), 252 U. S. 348, 40 Sup.
Ct. 350). However, if advance payments have been made at the sign­
ing of a contract in a foreign port, such advances may be deducted
from a settlement, though such would not be the rule under a contract
made in the United States (Sandberg v. McDonald (1918), 248
U. S. 185, 39 Sup. Ct. 84). It was said in this case that Congress
had no intention of criminally punishing acts legally done in a for­
eign jurisdiction. Four justices dissented in this case. It would
seem quite clear from the foregoing that a contract undertaking to
set a different time for the payment of wages than that prescribed
by the law would be void, and it was so held in The City of Mont­
gomery (1913), 210 Fed. 673. It was also held that the shipowner
could not offer such a contract as a defense against an action for
the recovery of added wages prescribed by the statute.
The provision last referred to is that of a continuance of the
wages during the terin of unlawful detention, at double the contract



41
rate. The right to recover such wages was held by the New York
Court of Appeals (Cox v . Lykes Bros. (1924), 237 N. Y. 376, 143
N. E. 226) not to be a “ penalty or forfeiture ” under the exclusive
jurisdiction of the courts of the United States, but the action was
said to be essentially one for wages, of which any court might take
jurisdiction. The employer had demanded a release in this case as
a condition to the payment when finally made; but this was held not
to be a bar to an action for recovery ox the additional amount, since
the courts are authorized to set aside such a release for good cause
shown and “ to take such action as justice shall require.”
Where, however, there is a genuine point in issue, delay of pay­
ment may be excused, as where a shipowner refused to pay wages
without deduction of hospital expenses of a seaman suffering from
a disease due to his own misconduct, but united with the claimant
in having the question adjudicated at the earliest possible moment.
The court here held that no penalty for damages would be imposed
for the delay in payment of wages (Franco v. Seas Shipping Corp.
(1921), 272 Fed. 542). The full wages, however, were allowed. So
also the added wages did not accrue in a case of delayed payment,
where the delay was due to a dispute as to the effect of a request to
the captain and owners of a vessel to pay a sum to another when
such an amount had been earned. This was said to be in effect an
assignment, made void by the law, but delay in paying over the
balance was said not to be “ without sufficient cause, and to hold
otherwise would encourage seamen to speculate on controversies be­
tween themselves and the ship.” (The George W. Wells (1903),
118 Fed. 761.)
Under the law, seamen signing for a voyage and discharged be­
fore its commencement or before one month’s wages were earned are
entitled to one month’s pay. Seamen discharged under circum­
stances giving rise to a claim under this section were held not
barred by the fact that they had, under protest, signed a release
on the receipt of payment for the days actually worked, the court
holding that to compel the signing of a release as a condition of
receiving payment for the time worked was taking an advantage
of necessity and compelling abandonment of the disputed question
(Brown v . U. S. (1922), 283 Fed. 425). While the ship itself is
primarily liable for earnings, if the sale of the vessel does not
provide sufficient funds further action lies against the master in
personam (Everett tr. U. S. (1921), 277 Fed. 256).
Seamen leaving a vessel to engage in a strike are classified as
deserters and are entitled to no pay for past services, unless on
arrival at the port, half pay had been demanded and refused (The
M. S. Elliott (1921), 277 Fed. 800 (C. C. A.)). The same was held
to be the case with seamen and fishermen signing for service in
Alaskan waters, but refusing to navigate the vessel on its return,
claiming unseaworthiness, though a fair determination of seaworthi­
ness had been made (Heine v . Libby, McNeal &> Libby (1921), 116
Wash. 148, 205 Pac. 854). It was said that pay certificates issued
in Alaska under conditions of coercion and duress had no validity
and furnished no claim for recovery.
The foregoing gives a brief general view of the law affecting the
contracts of seamen, who are a distinct and peculiar group of wage
earners*



PART III.—TEXT AND ABRIDGMENT OF LAWS
ALA B AM A
CODE OF 1923
Wages as preferred claims— In administration
Section 5822. Ranh.— [Wages of employees for services rendered the year
of the death of the decedent rank next after the funeral expenses, the costs
of administration, expenses of last sickness, and taxes.]

Exemption of wages fi'om garnishment, etc.
Section 788T. Amount.— [Wages in the amount of $25 per month are ex­
empt from levy under writs of garnishment, etc.]

Payment of wages due deceased employees
S ection 7923. Payment to widoiv, etc.— Whenever an employee of another
shall die intestate and there shall be due him as wages or salary a sum not
exceeding one hundred dollars, the debtor may discharge himself from lia­
bility therefor by paying such amount to the widow of the deceased employee,
or, if there be no widow, to the person having the actual custody and control
of his minor child or children, or either, as the case may be, who may sue
for and recover the same as part of the one thousand dollars in personalty
exempted to them.

Garnishment of wages, etc., of public employees
Sections 8088-8091. Service.— [Money due officials or employees in public
service as salaries or wages may be garnisheed by service of a writ on the
person authorized to make payment of the same, but only after final judgment
or decree, and not on judgments issued ex delicto.]
Secs . 8092, 8093. Payment.— [Answer must show assent of person on whom
the writ is served, who must thereafter draw no warrant or check for the
wages or salary due until the garnishment proceedings have terminated, un­
less the writ is legally dissolved. After final judgment, the money must be
paid into the court rendering the judgment.]

Wages as preferred claims— In receiverships
Section 10122. Amount.— [Wages or salaries for three months, not over $300,
owed by corporations or partnerships going into the hands of receivers, are to
be paid first]

jWcoemption of wages— Set-offs
Section 10172. Written agreements required.— * * * the wages or hire
of any head of a family in this State, not having property liable to levy and
sale under execution, can not be defeated or abated by any set-off of a money
demand acquired by the person contracting to pay such wages by assignment
or transfer, unless the parties otherwise agree in writing.

42




LAWS RELATING TO THE PAYMENT OF WAGES

43

ALASKA
COMPILED LAWS OF 1913
W ages— Exemption— Preference
Section 1105. Sixty days* earnings exempt, when.—

* * * The following
property shall be exempt from execution if selected and reserved by the judg­
ment debtor or his agent at the time of the levy, or as soon thereafter before
sale thereof as the same shall be known to him, and not otherwise:
First. The earnings of the judgment debtor, for his personal services ren­
dered at any time within sixty days next preceding the levy of execution
or attachment, when it appears by the debtor’s affidavit or otherwise that such
earnings are necessary for the use of his family supported in whole or in part
by his labor;
Sec. 1704. Order of payment of demands.— The charges and claims against
the estate * * * shall be paid in the following order, * * * : First,
funeral charges; second, taxes of whatever nature due the United States;
third, expenses of last sickness; fourth, all other taxes of whatever nature;
fifth, debts preferred by the laws of the United States; sixth, debts which at
the death of the deceased were a lien upon his property or any right or interest
therein according to the priority of their several liens; seventh, debts due
employee of decedent for wages earned within ninety days immediately pre­
ceding the death of the decedent; eighth, all other claims against the estate.
ACTS OF 1913
C hapter 9— Protection of employees as traders, etc.
Section 1. Coercion as to "boarding or trading.— It shall be unlawful for any
person or corporation to compel by threats or intimidation, or threats of dis­
charge, or to use any means to compel an employee against his will to board
at any particular hotel, boarding house or other place where lodging or board
may be provided, or to require an employee to purchase goods and supplies at
any particular store.
Sec. 2. Penalty.— [Violations of ,this act shall be punished by a fine of not
less than $25 nor more than $100, or by imprisonment for not less than ten nor
more than thirty days, or both.]

ACTS OF 1925
C hapter 45— Payment of wages
Section . 1. Mode.— It shall be the duty of every employer of manual labor
performing services in Alaska to pay the wages or other compensation for such
labor with lawful money of the United States or with negotiable checks, drafts
or orders payable upon presentation without discount by some bank or de­
pository within the Territory of Alaska unless a written valid contract to the
contrary shall have been entered into by the employer and employees before
such labor was performed, which contract shall state the term of employment,
the rate of wages or compensation and the time, place and manner of pay­
ment, and a duplicate of such contract shall have been delivered to the
employee.
Sec. 2. Payment monthly.— Every person or corporation employing labor
in the Territory shall establish monthly pay days at which time such em­
ployer shall pay for all labor performed more than ten days prior to such
pay day; Provided, however, That where the laborer’s services are termin­
ated all wages or other compensation for labor shall then become due and
payable immediately, except in event of strikes in which more than ten
employees participate, when the payment of moneys earned by such strikers
may lawfuly be postponed until the first regular pay day thereafter; Pro­
vided, further, That nothing in this section shall be construed to affect any
valid contract entered into by the employer and employee.
Sec. 3. Violations.— Any employer who, having sufficient means so to do,
or having sufficient property not exempt from execution so to do, shall
willfully or fraudulently, with intent to annoy, harass, oppress, or defraud
an employee, refuse to pay such employee upon demand the money due him




44

LAWS RELATING TO THE PAYMENT OF WAGES

lor labor as provided in this act, shall be deemed guilty of a misdemeanor
and, upon conviction thereof, shall be fined in any sum not exceeding one
thousand ($1,000) dollars.

ARIZONA
REVISED STATUTES— 1913
Exemption of wages from garnishment
P aragraph 1452. Exemptions.— [One-half of the debtor’s earnings for per­

sonal services for 30 days are exempt on affidavit that such earnings are
necessary for the support of his family.]
Exemption of wages from execution
P aragraph 3302. Minor child.— [Subdivision 19 exempts earnings of a
minor child of a judgment debtor, if debt was not incurred for special benefit
of such child.
#
Subdivision 20 is the same as par. 1452 above.]

Wages as preferred claims
P aragraph 3677. Insolvency.— [Wages of miners, mechanics, salesmen, clerks
or laborers, not over $200 each, earned within 60 days of an assignment are
to be paid before other creditors.]
P ar . 3678. Death.— [Same classes of persons and sums rank next after
funeral expenses, expenses of last sickness, charges of administration, and
allowances to widow and infant children.]
P ar . 3679. Execution, etc.— [Same classes of persons may give notice cover­
ing same amounts as above, which will be allowed unless contested by a
party in interest. If contested, validity will be decided in summary proce­
dure.]

Obtaining labor under false pretenses— Suits for wages
Section 524 (as amended 1921, ch. 26). Fraudulent liirmg.— Any person,
persons, partnership, association, company, or corporation (his or its officers,
directors or agents), who or which shall employ upon wages any person or
persons in any occupation, and who or which at the time of employing such
person or persons shall not have sufficient assets within the county in which
such work or labor is to be performed, over and above all exemptions al­
lowed by law, to cover the amount of wages accruing to said employee or
employees for the term of two weeks, and who shall make any false repre­
sentations or pretenses as to having such assets, or who, after labor has been
done under such employment by said employee or employees, shall fail, upon
the discharge or resignation of such employee or employees, or for a period
of five days after such wages are legally payable, to pay said employee or em­
ployees on demand, in the manner prescribed by law, the wages due such
employee or employees for such labor, shall be deemed guilty of obtaining
labor under false pretenses, and upon conviction thereof shall be punished
by imprisonment in the State penitentiary for a period not to exceed one
year, or by a fine not exceeding three times the amount of wages so due; and
upon prosecution therefor, and conviction thereof, in the same proceeding,
civil judgment shall be rendered in favor of such employee or employees, and
against such person, persons, partnership, association, company or corpora­
tion (his or its officers, directors or agents), for all such wages that may be
unpaid, together with a reasonable attorney’s fee to be fixed by the court, and
which said judgment shall also include compensation to such employee or
employees at the same rate at which such wages were agreed to be paid,
from the time same became due until said judgment be satisfied, and said
judgment shall be and constitute a first and prior lien against the property
of such employer upon which said work and labor was done and performed.

Payment of wages
S e c t io n 704. Semimonthly pay days.— The State of Arizona, every depart­
ment and institution of the State, every county and municipal corporation




TEXT OF LAWS---- ALASKA

45

within the State, every contractor (whether individual, firm, partnership, asso­
ciation, or corporation) employed under contract by the State, or by any of said
departments, institutions, counties, or municipal corporations, and every com­
pany or corporation doing business in the State, shall designate regular days
not more than 16 days apart as days fixed for the payment of wages to the
employees thereof, and shall post and maintain notices, printed or written,
in plain type or script, in at least two conspicuous places where said notices
can be seen by said employees as they go to and from their work, setting
forth said days as “ pay days,” and the State, and every such department, insti­
tution, corporation, or individual shall pay on each of said days to its or his
employees in lawful money of the United States, or in negotiable bank checks
payable on demand of the date of said day, all wages due said employees up
to such pay day, except that said State, department, institution, corporation,
or individual may withhold wages for not more than five days’ labor due
any employee remaining in the service thereof.
S ec . 705. Discharged employees.— Whenever an employee quits the service or
is discharged therefrom, such employee shall be paid whatever wages are
due him, in lawful money of the United States of America, or by check of
even date on a bank, and said wages shall be paid at once.
S ec . 706. Violations.— [Violation of the two preceding sections, except by
municipal corporations, is punishable by fine of not less than $50 nor more
than $500.]
S e c . 707. Payment in lawful money.— Every employer within the State,
whether the State, a subdivision of the State, corporation, company, associa­
tion, firm, or individual, shall pay any wages or compensation due any em­
ployee thereof in lawful money of the United States or negotiable bank check
payable on demand and dated not later than the day upon wh?ch said check
is given, said check to be drawn upon some bank or banker located and carry­
ing on business in this State, and not otherwise.
S ec . 708. Penalty.— Any person, firm, association, or corporation paying
wages or compensation in any manner other than as provided in the preceding
section shall be guilty of a misdemeanor.
S e c . 709. Scrip, etc., to
redeemable in money.— It shall be unlawful f o r
any person, firm, company, or corporation owning or operating any mines,
smelters, mills, or manufactory, or transacting any kind of general mercantile
business in the State of Arizona, or any railroad company operating in the
State of Arizona, to sell, give, deliver, or in any manner issue directly or in­
directly to any person employed by him in payment of wages due for labor, o r
as advances on wages of labor not due, any scrip, check, draft, ticket, punch
out, duebill, store order, or evidence of indebtedness payable or redeemable
otherwise than in their face value in money; and any such person, acting
member or agent of any firm, acting agent or officer of any company or corpora­
tion who shall violate any of the provisions of this section shall be deemed
guilty of a misdemeanor and upon conviction shall be punished by a fine n o t
over $500 or be imprisoned in the county jail not more than six months n o r
less than one month.
S e c . 710. Coercion in trade.— Whoever compels or in any manner seeks t o
compel or coerce any employee or any person, firm, company, or corporation
to purchase goods or supplies from any particular person, firm, company, or
corporation shall be deemed guilty of a misdemeanor and upon conviction s h a ll
b e punished by a fine not less than $500 or be imprisoned in t h e county j a i l
not more than six months.
ACTS OF 1917
C h a p t e r 22. — Payment of wages due deceased employees
S e c t io n 1. Payment without administration.— The surviving husband o r wife
of any deceased person may, without procuring letters of administration, col­
lect from any corporation, copartnership, association, or individual any sum
of money which said corporation, copartnership, association, ou individual
may have owed such deceased person at the time of his or her death for wages
earned by such deceased person while in the employ of such corporation, co­
partnership, association, o r individual, provided said sum of money shall n o t
exceed $300.
7 6 9 8 2 °— 26--------4




46

LAWS RELATING TO THE PAYMENT OF WAGES

Sec. 2. Procedure.— Any corporation, copartnership, association, or indi­
vidual, upon receiving an affidavit stating that a person previously in the
employ of any such corporation, copartnership, association or individual is
dead, and that the affiant in such affidavit is the surviving husband or wife
of such employee, as the case may be, and that the whole amount that such
corporation, copartnership, association or individual owed such deceased per­
son at the time of his or her death, does not exceed the sum of $300, may pay
to such affiant any amount of such wages earned by said deceased person if
the same does not exceed $300, and the receipt of such affiant shall be sufficient
acquittance therefor.

ARKANSAS
DIGEST OF 1921
Wages as preferred claims— In administration
Section 97. Rank.— [Wages rank with expenses of last sickness, next after
the funeral expenses.]

Wages as preferred claims— In insolvency of corporations
Sections 1798, 1799. Wages to be paid first.— [No preferences are allowed in
insolvency of corporations other than wages and salaries of laborers and serv­
ants. All other debts rank equally after the payment of such wages and
salaries.]

Garnishment of wages of railroad employees
S ection 4907. Judgment to be recovered before issue of writ.— Hereafter no
garnishment shall be issued by any court in any cause where the sum demanded
is $200 or less and where the property sought to be reached is wages due
to a defendant by any railroad corporation, until after judgment shall have
been recovered by plaintiff against defendant in the action.

Exemption of wages from garnishment— Unlawful assignments
S ection 5546. Amount.— [All wages for 60 days shall be exempt from gar­
nishment or other seizure, unless, taken with other personal property, the
total would exceed the limits of the constitutional exemption ($200 if single,
or $500 if married).]
Secs. 5547, 5548. Sending claims outside the State.— [Sending claims outside
the State or assigning them for collection with the intent of depriving resident
debtors of their rights under the exemption laws of the State, when the
parties are within the jurisdiction of the courts of the State is a misdemeanor.]
Wages as preferred claims— In insolvency
Section 5888. Amount,— [Salaries of employees earned within 3 months, and
all wages are to be paid first in the distribution of assets by receivers.]

Contracts of employment
Section 6885. Discharge without cause.— If any employer shall, without good
cause, dismiss a laborer prior to the expiration of his contract, unless by
agreement, he shall be liable to such laborer for the full amount that would
have been due him at the expiration thereof, * * *
Sec. 6886. Abandonment of contract.— If any laborer shall, without good
cause, abandon his employer before the expiration of his contract, he shall be
liable to such employer for the full amount of any account he may owe him,
and shall forfeit to his employer all wages or share of crop due him, or which
might become due him from his employer.

Payment of icages— Discharged employees— Scrip
Section 7125 (as amended 1905, No. 210). Railroad employees.— Whenever
any railroad company or corporation or any receiver operating any railroad




TEXT OE LAWS---- ARKANSAS

47

engaged in the business of operating or constructing any railroad or railroad
bridge, shall discharge with or without cause or refuse to further employ any
servant or employee thereof, the unpaid wages of any such servant or employee
then earned at the contract rate, without abatement or deduction, shall be and
become duo and payable on the day of such discharge or refusal to longer em­
ploy ; any such servant or employee may request of his foreman or the keeper
of his time to have the money due him, or a valid check therefor, sent to any
station where a regular agent is kept, and if the money aforesaid, or a valid
check therefor, does not reach such station within seven days from the date it
is so requested, then as a penalty for such nonpayment the wages of such serv­
ant or employee shall continue from the date of the discharge, or refusal to
further employ, at the same rate until paid: Provided, Such wages shall not
continue more than sixty days, unless an action therefor shall be commenced
within that time: Provided further, That this act shall apply to all companies
and corporations doing business in tlm State, and to all servants and employees
thereof, and any such servants or employees who shall hereafter be discharged
or refused further employment may request or demand the payment of any
wages due, and if not paid within seven days from such discharge or refusal
to longer employ, then the penalties hereinbefore provided for railway em­
ployees shall attach.
Sec. 7126. Benefits not available, when.— No such servant or employee who
secretes or absents himself to avoid payment to him, or refuses to receive the
same when fully tendered, shall be entitled to any benefit under this act for
such time as he so avoids payment.
Sec. 7127. Action for wrongful discharge.— Any such servant or employee
whose employment is for a definite period of time, and who is discharged
without cause before the expiration of such time, may, in addition to the penal­
ties prescribed by this act, have an action against any such employer for any
damages he may have sustained by reason of such wrongful discharge, and
such action may be joined with an action for unpaid wages and penalty.
Secs. 7128-7130. Payment in scrip, etc.— [The payment of wages in scrip, by
tokens, draft, etc., payable or redeemable otherwise than in lawful money at
the next regular pay day, is forbidden; so also to coerce or to attempt to co­
erce employees to purchase goods or supplies in payment of wages from any
corporation, company, firm, or person; or directly or indirectly to sell to em­
ployees in payment of wages any goods or supplies at prices higher than a
reasonable or current market value for cash. These provisions “ do not apply
to coal mines when less than twenty men are employed under the ground.” *]
Sec. 7131. Semimonthly pay day.— All corporations doing business in this
State who shall employ any salesmen, mechanics, laborers, or other servants
for the transaction of their business shall pay the wages of such employees
semimonthly.
Sec. 7132. Violations.— [Violation of section 7131 is punishable by not less
than $50 nor more than $500 fine.]
Assignments of wages
S e c t io n 7133. Employer to accept.— No assignment or order for wages to be
earned in the future to secure a loan of less than $200, shall be valid against
any employer of the person making any such assignment or order, until said
assignment or order is accepted in writing by the employer and said assignment
or order and the acceptance of same has been filed with the recorder of the
county where the party making the assignment or order resides, if a resident
of the State where he is employed.
Sec. 7134. Wife's consent.— No assignment of or order for wages to be
earned in the future shall be valid when made by a married man, unless the
written consent of his wife to making such assignment or order for wages
shall be attached thereto.
1 This final provision appeared in earlier acts, and was said by the supreme court of
the State to ‘ make an unlawful discrimination,” and the acts were declared unconsti­
tutional (Union Sawmill Co. v. Felsenthal (1908), 84 Ark. 494, 108 S. W. 217). The
above section would seem to be void for the same reason. An act of 1901 (No. 101),
requires the redemption of scrip at face value, and its acceptance as cash in any com­
missary of the company issuing the same, and was said by the court to be “ if valid, in
full fo rce ; ” i. e., it had not been repealed by the later acts found unconstitutional.




48

LAW S RELATING TO THE PAYMENT OF WAGES

Payment of wages— Discounting
Section 7356. Discounts restricted.— It shall be unlawful for any milling
or manufacturing company, or any other person, corporation, or company em­
ploying persons to labor for them in the State of Arkansas, to discount the
wages of their employees or laborers when payment is made or demanded be­
fore the regular pay days, more than at the rate of ten per cent per annum
from the date of payment to the regular pay day, and all laborers shall be
paid in currency at the place of business of the company, person or corpora­
tion so employing such labor in the State; unless the laborer elects to take
drafts or checks in lieu of currency for pay. Any evasion or violation of this
section shall be usury and a misdemeanor, and the person, company or cor­
poration, or their agents, violating the same shall be fined in any sum not less
than ten dollars nor more than live hundred dollars, and the entire property of
the person, company or corporation shall be subject to the payment of the
fine and costs.

CALIFORNIA
SIMS’ DEEBIKG’S CODES— 1906
P olitical Code

Overtime pay
Section 3246. Street railways.— Twelve hours’ labor constitutes a day’s
work on the part of drivers and conductors, and gripmen of street cars for the
carriage of passengers. Any contract for a greater number of hours’ labor in
one day shall be and is void, at the option of the employee, without regard to
the terms of employment, whether the same be by the hour, day, week, month,
or any other period of time, or by or according to the trip or trips that the
car may, might, or can make between the termini of the route, or any less
distance thereof. Any and every person laboring over twelve hours in one
day as driver, or conductor, or gripman, on any street railroad, shall receive
from his employer thirty cents for each hour’s labor over twelve hours in each
day.
Sec. 3247. Actions for tvages.— In actions to recover the value or price of
labor under section three thousand two hundred and forty-six of this code, the
plaintiff may include in one action his claim for the number of days, and the
number of hours’ work over twelve hours in each day, performed by him for
the defendant, and the court shall exclude all evidence of agreement to labor
over twelve hours in one day for a less price than thirty cents, and the court
shall exclude any receipt of payment for hours of labor over twelve hours in
one day, unless it be established that at least thirty cents for each hour of
labor over twelve hours in one day has been actually paid, and a partial pay­
ment shall not be deemed or considered a payment in full.

Sec. 3249. Application of law.— The provisions of section three thousand
two hundred and forty-seven * * * of this code are applicable to every
contract to labor made by the persons named in section three thousand two
hundred and forty-six.
Sec. 3250. Violations.— [Violations of sec. 3246 entail forfeiture of the
sum of $50 to the use of the party prosecuting therefor, and any number of
forfeits may be prosecuted in a single action.]
Civil Code

Assignments of wages
Section 955 (added 1913, ch. 287). What assignments valid.— No assignment
of, or order for wages or salary shall be valid unless made in writing by the
person by whom the said wages or salary are earned and no assignment of, or
order for, wages or salary made by a married person shall be valid unless the
written consent of the husband or wife of the person making such assign­
ment or order is attached to such assignment or order; and no assignment or
order for wages or salary of a minor shall be valid unless the written consent
of a parent or the guardian of such minor is attached t o ' such order or




TEXT OF LAWS— CALIFORNIA

49

assignment. No assignment of, or order for, wages or salary shall be valid
unless at the time of the making thereof, such wages or salary have been
earned, except for the necessities of life and then only to the person or per­
sons furnishing such necessities of life directly and then only for the amount
needed to furnish such necessities. Any power of attorney to assign or col­
lect wages or salary shall be revocable at any time by the maker thereof.
Employment of labor
Section 2002 (as amended 1915, ch. 433). Payment of wages.— An employee
who is not employed for a specified term, dismissed by his employer, is en­
titled to compensation for services rendered up to the time of such dismissal.
Sec. 2003 (as amended 1915, ch. 433). Same.— An employee who is not em­
ployed for a specified term and who quits the service of his employer, is en­
titled to compensation for services rendered up to the time of such quitting.
Sec. 2004 (added 1921, ch. 901). Deductions proportionate.— There shall not
be deducted from the wages of an employee on account of the employee’s
coming late to work a sum in excess of the proportionate wage which would
have been earned during the time actually lost: Provided, That for a loss of
time less than thirty minutes a half hour’s wage may be deducted.
Sec. 2009. Servant defined.— A servant is one who is employed to render per­
sonal service to his employer, otherwise than in the pursuit of an independent
calling, and who in such service remains entirely under the control and direc­
tion of the latter, who is called his master.
Sec. 2010. Term of employment.— A servant is presumed to have been hired
for such length of time as the parties adopt for the estimation of wages. A
hiring at a yearly rate is presumed to be for one year; a hiring at a daily rate,
for one day; a hiring by piecework, for no specified term.
Sec. 2013. Presumption.— In the absence of any agreement or custom as to
the term of service, the time of payment, or rate, or value of wages, a servant
is presumed to be hired by the month, at a monthly rate of reasonable wages,
to be paid when the service is performed.
C ode

of

Civil P rocedure

Exemption of wages from execution
Section 690 (as amended 1907, ch. 479). Exemptions.— [Seamen's earnings
up to $300, no matter where or when earned, are exempt from attachment.
Earnings of employees generally, for 30 days prior to the levy of execution,
are exempt if it appears that they are necessary to the support of a family
residing in the State; if not, or if the debt is for necessaries, the exemption is
reduced one-half.]

Suits for wages— Attorneys’ fees
Section 924

(as amended 1907, ch. 51). Fee allowed on recovery.— The
prevailing party in the justices’ courts is entitled to costs of the action, and
also of any proceedings taken by him in aid of an execution, issued upon
any judgment recovered therein. In actions for the recovery of wages for
labor performed, the court shall add, as part of the costs, in any judgment
recovered by the plaintiff, an attorney’ [s] fee not exceeding twenty per cent
of the amount recovered.
Wages as preferred claims— In assignments, etc.
Section 1204 (as amended 1901, ch. 102). Assignments.— [Wages of minors,
mechanics, salesmen, etc., for 60 days prior to the assignment, not exceeding
$100 to each, must be paid before the claim of any other creditor.]
Sec. 1205 (as amended 1901, ch. 102). Administration.— [Wages as above
must be paid in the case of the death of the employer, next after funeral ex­
penses, expenses of last sickness, allowance to widow and infant children, and
expenses of administration.]
Sec. 1206 (as amended 1901, ch. 102). Executions.— [Wages in the same
amount as above must be paid first out of any funds in the hands of the levy­
ing officer at the time a verified statement of the wage claim is submitted.]




50

LAWS RELATING TO THE PAYMENT OF WAGES

GENERAL LAWS
A ct N o. 1828.— Bureau of labor statistics
Section 7 (as amended 1923, ch. 257). Collection of wages.— The com­
missioner and his representatives duly recommended by him in writing shall
have the power and authority, when in his judgment he deems it necessary,
to take assignments of wage claims and prosecute actions for the collection of
wages and other demands of persons who are financially unable to employ
counsel in cases in which, in the judgment of the commissioner, the claims for
wages are valid and enforceable in the court; to issue subpoenas, to compel the
attendance of witnesses or parties and the production of books, papers, or rec­
ords, and to administer oaths and to examine witnesses under oath, and to
take the verification or proof of instruments of writing, and to take depositions
and affidavits for the purpose of carrying out the provisions of this act and
all other acts now or hereafter placed in the bureau for enforcement. When
such assignments for wage claims are taken, no court costs shall be payable
by said labor commissioner for prosecuting such suits. * * *

ACTS OF 1911
C hapter 92 (as amended 1915, ch. 628).— Payment of wages in scrip
S ection 1. Orders, etc., to be negotiable.— No person, firm, or corporation
shall issue, in payment of or as an evidence of indebtedness for wages due an
employee, any order, check, memorandum, or other acknowledgment of indebt­
edness, unless the same is negotiable, and is payable upon demand without
discount in cash at some bank or other established place of business in the
State; and no person, firm, or corporation shall issue in payment of wages
due, or wages to become due an employee, or as an advance on wages to be
earned by an employee, any scrip, coupons, cards, or other thing redeemable
in merchandise or purporting to be payable or redeemable otherwise than in
money. But nothing herein contained shall be construed to prohibit an
employer from guaranteeing the payment of bill incurred by an employee
for the necessaries of life or for the tools and implements used by such em­
ployee in the performance of his duties: Provided, however, That the pro­
visions of this act shall not apply to counties, cities and counties, municipal
corporations, quasi-municipal corporations or school district organized and
existing under the laws of this State.
Sec. 2. Violations.— [The penalty for violation is a fine not exceeding
$500, or imprisonment for not over six months, or both.]

ACTS OF 1913
C hapter 198.— Payment of wages— Seasonal occupations
Section 1. Definition.— For the purpose of this act the term “ seasonal
labor ” shall include all work performed by any person employed for a period
of time greater than one month, and where the wages for such work are not
to be paid at any fixed intervals of time, but at the termination of such
employment, and where the work is to be performed* outside of this State:
Provided, That such person is hired within this State and the wages earned
during such employment are to be paid in this State at the termination of
such employment.
S ec. 2. Payment of wages.— Upon application of either the employer or
the employee, the wages earned in seasonal labor shall be paid in the presence
of the commissioner of the bureau of labor statistics or an examiner appointed
by him.
Sec. 3. Duties of commissioner.— The commissioner shall hear and decide
all disputes arising from wages earned in seasonal labor and he shall allow
or reject any deductions made from such wages: Provided, however, That he
shall reject all deductions made for gambling debts incurred by the employee
during such employment and for liquor sold to the employee during such
employment.
Sec. 4. Award.— After final hearing by the commissioner, he shall file in the
office of the bureau of labor statistics, a copy of the findings upon facts and
his award,




TEXT OF LAWS---- CALIFORNIA

51

Sec. 5. Same.— The amount of the award of the commissioner shall be con­
clusively presumed to be the amount of the wages due and unpaid to the
employee at the time of the termination of the employment, and prosecution
may be commenced under the provisions of an act * * * [Chapter 663,
Acts of 1911].
Sec. 6. Powers of commissioner.— The commissioner or any examiner ap­
pointed by him, shall have power and authority to issue subpoenas to compel
attendance of witnesses or parties, and the production of books, papers or
records and to administer oaths. Obedience to such subpoenas shall be
enforced by the courts of any county or city and county.
Sec. 7. Construction of act.— This act shall not be construed to apply to the
wages earned by seamen or other persons, where the payment of wages is
regulated by Federal statute.

ACTS OF 1917
C hapter 141.— Coercion of employees in trading
S ection 1. Coercion unlawful.— It shall be unlawful for any employer of
labor, or any officer, agent or employee of any employer of labor to make,
adopt or enforce any rule or regulation compelling or coercing any employee
to patronize said employer, or any other person, firm or corporation, in the
purchase of any thing of value: Provided, hotcever, That nothing herein shall
be interpreted as prohibiting any employer of labor from prescribing the
weight, color, quality, texture, style, form and make of uniforms required to
be worn by their employees.
Sec. 2. Violations.— [Violations are punishable by a fine not exceeding $100
or imprisonment not exceeding 6 months, or both.]

ACTS OF 1919
C hapter 202.— Times of payment of wages
Section 1. Termination of employment.— Whenever an employer discharges
an employee, the wages or compensation for labor or service earned and
unpaid at the time of such discharge shall become due and payable im­
mediately. Whenever an employee not having a written contract for a definite
period quits or resigns his employment, the wages or compensation shall be­
come due and payable not later than 72 hours thereafter, unless such em­
ployee shall have given 72 hours* previous notice of his intention to quit, in
which latter case such employee shall be entitled to his wages or compensation
at the time of quitting.
Sec. 2. Semimonthly pay day.— All wages or compensation other than those
mentioned in section 1 of this act earned by any person in any employment
not exempt by section 11 [10 (? ) ] of this act* shall become due and payable
semimonthly or twice during each calendar month, on days to be designated in
advance by the employer as the regular pay days: Provided, however, That
services rendered between the 1st and 15th days, inclusive, of any calendar
month shall be paid for between the 16th and the 26th day of the month
during which services were rendered, and for all services rendered between
the 16th and the last day, inclusive, of any calendar month, said services
shall be paid for between the 1st and 10th day of the following month: Pro­
vided, however, That in agricultural, viticultural, and horticultural pursuits,
in stock or poultry raising, and in household domestic service, and when the
employees in the said employments are boarded and lodged by the employer,
the wages or compensation due any employee remaining in such employment
shall become due and payable monthly or once each calendar month, on a day
designated in advance by the employer as the regular pay day, but no two
successive such pay days to be more than 31 days apart, and the payment or
settlement shall include all amounts due for labor or service up to the regular
pay day.
Sec. 3. Scope of act.— The wages or compensation subject to the provisions
of this act shall include all amounts for labor or service performed by em­
ployees of every description, whether the amount is fixed or ascertained by the
standard of time, task, piece, or other method of calculating the same, or
whether the labor or service is performed under contract, subcontract, part­
nership, subpartnership, station plan, or other agreement for the performance




52

LAW S RELATING TO THE PAYM ENT OF WAGES

of labor or service: Provided, That the labor or service to be paid for is per­
formed personally by the person demanding payment. Nothing contained in
this act shall in any way limit or prohibit the payment of wages or compensa­
tion at more frequent intervals, or in greater amounts or in full when or
before due.
Sec. 4 (as amended 1925, ch. 76). Act to be posted; penalties.— Every em­
ployer shall post and keep posted conspicuously at the place of work, if prac­
ticable, or otherwise where it can be seen as employees come or go to their
place of work, or at the office or nearest agency for payment kept by the em­
ployer, a notice specifying the regular pay days and the time and place of
payment, in accordance with the provisions of section two of this act, also any
changes in those regards occurring from time to time. Every employee who
is discharged shall be paid at the place of discharge, and every employee who
quits or resigns shall be paid at the office or agency of the employer in the
county or city and county where such employee has been performing the labor
or service for the employer. All payments of money or compensation shall be
made in the manner provided by law. In the happening of any strike, the un­
paid wages or compensation earned by such striking employees shall become
due and payable on the employer’s next regular pay day, and the payment or
settlement shall include all amounts due such striking employees without
abatement or reduction, and the employer shall return to each such striking
employee any deposit or money or other guaranty required by him from such
employee for the faithful performance of the duties of the employment. Any
person, firm, association, or corporation, or agent, manager, superintendent, or
officer thereof, who shall violate any of the provisions of this section or of
section two of this act shall be guilty of a misdemeanor, and any failure to
post and keep posted any notice as in this section prescribed shall be deemed
prima facie evidence of a violation of this section and of section two t)f this
act.
In addition to any other penalty provided, every person, firm, association, or
corporation who shall fail to pay the wages of all its employees, as in section
two of this act provided, shall forfeit to the people of the State the sum of
ten dollars for each such failure to pay each employee, to be recovered by
the commissioner of the bureau of labor statistics in a civil action. Such
action shall be brought in the name of the said commissioner and all money
recovered therein shall be forwarded by him to the State treasurer to become
a part of the general fund of the State. When action to recover such penalties
is brought, no court costs of any nature shall be payable by the said commis­
sioner hi connection with same and any sheriff or constable requested by the
said commissioner to serve the summons in the said action upon any defend­
ant within his jurisdiction, shall do so without cost to the said commissioner:
Provided, however, That he must specify, when he returns the summons, what
costs he would ordinarily have been entitled to for such service, and such costs
and the other regular court cost that would have accrued were the said action
not an official action shall be made a part of any judgment recovered by the
said commissioner and shall be paid by him out of the first money recovered
on said judgment, before any money collected is sent to the State treasurer.
Sec. 5. Wages accrue, when.— In the event that an employer shall will­
fully fail to pay, without abatement or reduction, any wages or compensation
of any employee who is discharged or who resigns or quits, as in section one
of this act provided, then as a penalty for such nonpayment the wages or com­
pensation of such employees shall continue from the due date thereof at the
same rate until paid or until an action therefor shall be commenced: Provided,
That in no case shall such wages continue for more than thirty days: And
provided further, That no such employee who secretes or absents himself to
avoid payment to him or who refuses to receive the payment when fully
tendered to him, including any penalty then accrued under the provisions of
this section, shall be entitled to any benefit under this act for such time as he
so avoids payment.
S ec. 6. Violations.— Any person, firm, association, or corporation, or agent,
manager, superintendent, or officer thereof who, having the ability to pay,
shall willfully refuse to pay the wages due and payable when demanded, as
herein provided, or falsely deny the amount or validity thereof, or that the
same is due, with intent to secure for himself, his employer, or other person
any discount upon such indebtedness, or with intent to annoy, harass, or op­
press, or hinder, or delay, or defraud the person to whom such indebtedness is




TEXT OF LAWS— COLORADO

53

due, shall, in addition to any other penalty imposed upon him by this act, be
guilty of a misdemeanor.
Sec. 7. Enforcement.— It shall be the duty of the commissioner of the
bureau of labor statistics to inquire diligently for any violations of this act
and to institute actions for penalties herein provided and to enforce generally
the provisions of this act.
Sec. 8. Prosecutions.— Nothing herein contained shall be construed to limit
the authority of the district attorney of any county, or city and county, to
prosecute actions, both civil and criminal, for such violations of this act as
may come to his knowledge, or to enforce the provisions hereof independ­
ently and without specific direction of the commissioner of the bureau of labor
statistics.
Sec. 10. Public employees.— Nothing in this act shall apply to the payment

of wages or compensation of employees directly employed by any county,
city and county, incorporated city or town, or other municipal corporation.
Nor shall anything herein apply to employees directly employed by the State,
any department, bureau, office, board, commission, or institution thereof. All
other employments shall for the purposes of this act be deemed private em­
ployments and subject to the provisions hereof.
ACTS OF 1921
Chapter 245.— Collection of mages— Public defender
Section 1. Office created.— [The board of supervisors approving, a public
defender may be elected in any county, who must have at least one year’s ex­
perience in all the courts of the State.]
S ec. 5. Duties.— * * * He shall also, upon request, prosecute actions for
the collection of wages and
able to employ counsel, in
$100, and in which, in the
are valid and enforceable

of other demands of persons who are not financially
cases in which the sum involved does not exceed
judgment of the public defender, the claims urged
in the courts.

COLORADO
COMPILED LAWS OF 1921
Payment of wages— Modes and times
Section 4226. Semimonthly pay days.— All private and quasi-public cor­
porations doing business within this State shall pay to their employees the
wages earned each and every fifteen (15) days in lawful money of the
United States, or checks on banks, convertible into cash, on demand at full
face value thereof.
Sec. 4227. Failure to pay.— Whenever any private or quasi-public corpora­
tion shall fail to pay any of its employees as provided in section 6981 [4226],
then a penalty shall be attached to such corporation and become due to such
employees as follow s: A sum equivalent to a penalty of five per cent (5)
of the wages due and not paid as herein provided as liquidated damages, and
such penalty shall attach and suit may be brought in a court of competent
jurisdiction to recover same and the wages due.
Sec. 4228. Payment on discharge.— Whenever any such employee is dis­

charged from the employ of any such corporation then all the unpaid wages
of such employee shall immediately become due and payable, and if any
private or quasi-public corporation shall within three (3) days fail to pay
any such discharged employee all the wages due and payable to such dis­
charged employee, then the same penalty of five per cent (5) shall attach
to said corporation and become due to such employee as provided in section
6982 [4227]: Provided, however, Nothing in this section shall apply to any
employee of any such corporation who quits of his own accord.
Sec. 4229. Employee may recover penalty.— Any employee or any assignee
of any such employee may recover all such penalties that may, by violation of
section 2 [4227] of this act, have accrued to him, at any time within six
months succeeding such default, or delay, in the payment of such wages.

Sec. 4230. What contracts void.— Any contract or agreement made between
any corporation and any private or quasi-public parties in its employ, the
provisions of which shall be in violation, evasion or circumvention of this




54

LAWS RELATING TO THE PAYMENT OF WAGES

act (semimonthly pay day act) shall be unlawful and void, but such em­
ployee may sue to recover his wages earned together with such five per cent
(5% ) penalty, or separately, to recover the penalty if the wages have been
paid.
Sec. 4231. Contractor.— Whenever any private or quasi-public corporation
shall contract any or all of its work to any contractor then it shall become the
duty of any such corporation to provide that the employees of any such cor­
poration or contractor shall be paid according to the provisions of this act,
and such corporation shall become responsible and liable to the employees
of such contractor in the same manner as if said employees were employed
by such corporation.
Sec. 4232. Attorney's fee.— Whenever it shall become necessary for the em­
ployees to enter or maintain a suit at law for the recovery or collection of
wages due as provided by this act, then such judgment shall include a
reasonable attorney fee, in favor of the successful party, to be taxed as part
of the costs in the case.
Sec. 4233. Scope of act.— It is herein provided that all private or quasi­
public corporations heretofore or hereafter organized for pecuniary profit
shall be subject to the provisions of this act.
Sec. 4234. Truck system forbidden.— It shall be unlawful for any person,
company or corporation, or the agent or the business manager of any such
person, company or corporation, doing business in this State, to use or em­
ploy, as a system, directly or indirectly, the “ truck system ” in the payment,
in whole or in part of the wages of any employee or employees of any such
person, company or corporation.
S ec. 4235. Definition.— The words “ truck system ” as used in the preceding
section are defined to be:
First— Any agreement, method, means or understanding used or employed
by an employer, directly or indirectly, to require his employee to waive the
payment of his wages in lawful money of the United States, and to take the
same, or any part thereof, in goods, wares or merchandise, belonging to the
employer or any other person or corporation.
Second— Any condition in the contract of employment between employer
and employee, direct or indirect or any understanding whatsoever, express or
implied, that the wages of the employee, or any part thereof, shall be spent
in any particular place or in any particular manner.
Third— Any requirement or understanding whatsoever by the employer
with the employee that does not permit the employee to purchase the neces­
saries of life where and of whom he likes, without interference, coercion, let
or hindrance.
Fourth— To charge the employee interest, discount or other thing whatso­
ever for money advanced on his wages, earned or to be earned, where the pay
days of the employer are at unreasonable intervals of time.
Fifth— Any and all arrangements, means or methods, by which any person,
company or corporation, shall issue any truck order, scrip, or other writing
whatsoever, by means whereof the maker thereof may charge the amount
thereof to the employer of laboring men so receiving such truck order, scrip
or other writing, with the understanding that such employer shall charge the
same to his employee and deduct the same from his wages.
S ec. 4236. Truck orders, etc., void.— Any truck order, scrip, or other writing
whatsoever, made, issued, or used in aid of or in furtherance of, or as a part
of the “ truck system ” as defined in this act, evidencing any debt or obliga­
tion from any person, company, or corporation for wages due or to become due
to any employee or employees of any person, company, or corporation, issued
under a system whereby it is the intent and purpose to settle such wage debt
or debts by any means or device other than in lawful money, shall be utterly
void in the hands of any person, company, or corporation, with knowledge that
the same had been issued in pursuance of such system, and it shall be unlaw­
ful to have, hold, or circulate the same with such knowledge.
Sec. 4237. Violations.— [Violations are punishable by a fine of not less than
$100 nor more than $500, or by imprisonment for not less than 30 days nor
more than 6 months.]
S ec. 4238. Corporations forfeit charter.— The violation of the provisions of
any section of this act by any corporation organized and existing under the
laws of this State shall be deemed sufficient cause for the forfeiture of the
charter of any such corporation, and the attorney general of the State shall im­
mediately commence proceedings in the proper court in the name of the people




TEXT OF LAWS— CONNECTICUT

55

of the State of Colorado, against any such corporation for the forfeiture of its
charter.
Sec. 4239. Foreign corporations.— Any foreign corporation doing business in
this State that shall violate the provisions of any section of this act shall for­
feit its right to do business in this State, and the attorney general of the
State shall, upon such violation coming to his knowledge, by information or
otherwise, institute proceedings in the proper court for the forfeiture of the
right of any such corporation to do business in this State.
Sec. 4240. When attorney general fails to prosecute.— If the attorney general
of the State should fail, neglect, or refuse to commence such actions as are
provided for in sections 5 [4230] and 6 [4231] of this act, after demand being
made upon the attorney general to institute such proceedings by any respon­
sible person, then any citizen of this State shall have the right to institute and
maintain such proceedings, upon giving bond for costs of suit.
Sec. 4241. District attorney.— The district attorney of any county shall
prosecute for any violation of this act in the same manner as he may be
required by law to prosecute for the violation of other criminal acts, except as
provided in sections 5 [4230] and 6 [4231] of this act.
Sec. 4242. Act construed as to ditch companies, etc.— The provisions of this
act shall not be construed to prevent ditch, canal, and reservoir companies
from contracting or issuing orders or warrants payable at future dates in law­
ful money of the United States, for labor performed or services rendered for
it or to contract for and pay for the same in the capital stock of such com­
panies, or water rights or privileges for water connected with the same.
Wages as preferred claims— In receiverships
Sections 4243-4245. Priority.— [All wages are preferred claims in case of
the transfer of the business of an employer to a trustee or receiver, to be paid
from funds or from the proceeds of the sale of the property. Employees wish­
ing to enforce this right must file statements of their claims within prescribed
periods. If funds are not sufficient to pay claims they shall be prorated, but
prior mortgages for debts actually existing are not impaired.]

Exemption of wages from garnishment
Section 5917. Amount.— [Sixty per cent of a judgment debtor’s wages or
earnings are exempt from levy under execution, etc., if the debtor is the head
of a family or the wife of the head of a family residing in the State, and the
earnings are necessary to the support of such family. If the earnings do not
exceed $5 per week, they are entirely exempt.]

Wages as preferred claims— In assignments
Section 6270. Amount.— [Wages of servants, laborers, and employees of an
assignor, earned within the six months next preceding the date of the assign­
ment, not exceeding $50 in amount, and taxes due the State or the United
States, are preferred to other debts.]

CONNECTICUT
GENERAL STATUTES— 1918
Payment of wages due deceased employees
Section 4002 (as amended 1923, ch. 44). Payments to widows, etc.— [When
a workmen dies leaving unpaid wages not in excess of $300, and no will is
probated or letters of administration granted within 30 days, the debtor may
in its or his discretion, on application of the surviving husband or wife, if
any, or if none, of the next of kin, pay the wages due; or on application with
affidavit, the same may be paid to the undertaker or the physician attending
in the last illness. Proof may be required, and a bond of indemnity and proper
receipt.]
Assignments of wages
Section 4752. Future earnings.— No assignment of future earnings made
as security for a loan or other indebtedness shall be valid unless the amount




56

LAWS RELATING TO THE PAYMENT OP WAGES

of such indebtedness shall be stated therein, together with the rate of interest
to be charged thereon, nor unless the term for which such earnings are assigned
shall be definitely limited in the assignment nor unless such assignment shall
bear a dated certificate of acknowledgment of the assignor made before a proper
authority. No such assignment shall be valid against an attaching creditor of the
assignor unless such assignment shall also be recorded before such attachment
in the town clerk’s office in the town where the assignor resides, or, if he resides
without the State, in the town where the employer resides, and a copy thereof
left with the employer from whom the wages are to become due. All certifi­
cates of acknowledgment required herein shall bear date of the day such
acknowledgment is made, and any person who shall intentionally date such
a certificate of acknowledgment as of a date other than the actual date such
acknowledgment is made shall be fined not more than twenty-five dollars,
or imprisoned for not more than thirty days, or both.
Wages as preferred claims— In insolvency, etc.
Section 4920. Insolvency.— [Wages of a laborer or mechanic not to exceed
$100, earned within the three months preceding, are preferred above other
debts in cases of insolvency.]
Sec. 5007. Administration.— [Debts owing laborers or mechanics for labor
performed within three months before the death of the employer rank next
after funeral expenses, expenses of last sickness, and taxes and debts due the
State and the United States.]

Payment of wages— Company stores
Section 5312. Withholding wages.— Any person or corporation that shall with­
hold any part of the wages of any person, because of any agreement expressed
or implied requiring notice before leaving the employment shall forfeit fifty
dollars, half to him who shall sue therefor, and half to the State.
S ec. 5318. Company stores.— Every agent of a corporation, or other person
employing laborers, who shall charge or exact for articles or merchandise sold
to such laborers a greater sum than is a reasonable price therefor in the town
or city where such sales are made shall be fined not more than twenty-five
dollars for such sale of each separate article.
Sec. 5319. Discounts for prepayments.— No employer of labor, or any person
acting for him, shall make a discount or deduction from the wages of any per­
son employed by him, when the wages of the employee or any part thereof are
paid at an earlier time than that at which such wages would regularly have
been paid. Every person violating this section shall be fined not more than
one hundred dollars.

Attachment of wages— Costs
Section 5806. No costs without prior demand for debt.— In any action in
which wages only are attached no costs shall be taxed in favor of the plain­
tiff, unless it shall appear to the court or justice of the peace before which or
whom such action is brought, that demand was made upon the defendant for
the payment of the claim sued for, not more than thirty days nor less than
three days prior to the bringing of such action.
Sec. 5809. Limit of costs.— In any action in which, upon the service of
process, moneys due to the defendant by reason of personal services are
attached, the plaintiff shall not recover of the defendant, as costs, a sum
exceeding one-half of the amount of damages recovered in the action.

Exemption of wages from execution
Section 5945. Amount exempt.— [Personal earnings to the amount of $15
and the personal earnings of & minor child are exempt from attachment or
execution; but personal earnings of the defendant are not exempt where the
claim is for his board or for house rent not exceeding $25 per month.]

Wages as preferred claims— In receiverships
Section 6088. Amount.— [Wages in the amount of $100, earned within the
three months preceding are preferred to the general liabilities of corporation
or partnership for which a receiver has been appointed.]




TEXT OF LAWS-----DELAWARE

57

ACTS OF 1919
C hapter 216.— Payment of wages— Weekly pay day
Section 1. Scope of law.— Every person, firm, or corporation engaged in
operating a factory, workshop, manufacturing, mechanical, or mercantile estab­
lishment, mine, quarry, railroad, or street railway, or a telephone, telegraph,
express, or water company, or in the erection, alteration, repair, or removal
of any building or structure, or the construction or repair of any railroad,
street railway, road bridge, sewer, gas, water, or electric light works, pipes,
or lines, shall pay weekly each employee engaged in his or its business the
wages earned by such employee to within eight days of the date of said pay­
ment, but an employee leaving such employment shall be paid in full on the
following regular pay day; and any employee discharged from such employ­
ment shall be paid in full not later than the business day next succeeding the
date of such discharge.
Sec. 2. Violations.— Any person, firm, or paymaster of any corporation vio­
lating any provision of this act shall be fined not more than $50 for each
offense.

DELAWARE
REVISED CODE— 1914
Wages as preferred claims— In insolvency
1971. S ection 57. Bank; amount.— [Employees of insolvent corporations have
a lien on their assets for two months5 wages, to be paid prior to any other debt
or debts; officers are not included as employees.]
Wages as preferred claims— In administration
3372. Section 39. Bank.— [Makes wages of farm and domestic servants or
laborers for not more than a year rank next after funeral expenses and ex­
penses of last sickness.]
Payment of wages due deceased employees
3380. Section 47. To whom wages may be paid.— It shall be lawful for any
employer in this State, at any time not less than fifteen days after the death of
any person in his or its employ, to pay all wages due to such deceased employee
to the wife, children, father, or mother, sister or brother (preference being
given in the order named) of the deceased employee, without requiring letters
of administration to be issued upon the estate of said deceased employee, where
such wages due do not exceed $75 in amount: Provided, however, That if such
deceased employee shall not leave a wife, children, father, mother, sister, or
brother surviving him, then it shall be lawful for said employer to pay the
wages due such deceased employee to the creditors, as follows: Undertaker,
physician, boarding-house keeper, and nurse, each his or her pro rata share of
wages, not exceeding $75, due the deceased, upon affidavit of fact furnished,
without letters of administration being issued.
The payment of such wages shall be a full discharge and release to the em­
ployer from the wages so due and paid.
Assignments and garnishment of wages
3562. Section 127. Who may accept.— [Makes it unlawful for any person or
corporation not having a known place of business within the State to accept
wage assignments as security for money loaned.]
4129. Sec. 12. Payments on usurious debts.— It shall be unlawful for any
employer in this State to knowingly pay any warrant or order, issued by any
employeie against his or her salary and intended to be in payment or part
payment of any indebtedness due any person, firm, or corporation for borrowed
money, in cases where a greater rate of interest than 6 per cent per annum
has been received or charged for such borrowed money.
[If an employer is summoned as garnishee and the employee claims that
interest charges exceed 6 per cent, if this is proved, the garnishee is to be
discharged. Employers violating the act are guilty of a misdemeanor.]




58

LAWS RELATING TO THE PAYMENT OF WAGES

DISTRICT OF COLUMBIA
CODE OF 1924
Exemption from execution
Section HOT. Earnings.— The earnings, not to exceed $100 each month, of
all actual residents of the District of Columbia who provide for the support
of a family in said District, for two months next preceding the issuing of
any writ or process from any court or officer of and in said District, against
them, shall be exempt from attachment, levy, seizure, or sale upon such
process, and the same shall not be seized, levied on, taken, reached, or sold
by attachment, execution, or any other process or proceedings of any court,
judge, or other officer of and in said District.

FLORIDA
REVISED GENERAL STATUTES— 1920
Payment of icages in scrip
Section 2522. Checks, etc., to be redeemable.— Any person, firm, or corpora­
tion issuing checks, coupons, punch outs, tickets, tokens, or other device in pay­
ment for labor, redeemable either wholly or partially in goods or merchan­
dise, at their or any other place of business, shall, on demand of any legal
holder thereof, on or after the ninetieth day succeeding the day of issuance,
be liable for the full face value thereof in current money of the United States.
Sec. 2523. Payable to bearer.— Any such checks, punch outs, coupons,
tickets, tokens, or other device, issued by any person, firm or corporation in
payment for labor, shall be considered and treated as payable to bearer in
current money of the United States, notwithstanding any contrary stipulation
or provision which may be therein contained.
Sec. 2524. Failure to redeem.— In case of failure of any person, firm, or
corporation to pay any legal holder of any such check, punch out, ticket,
coupon, token, or other device issued by them in payment for labor, the full
face value thereof in current money of the United States, on or after the
ninetieth day succeeding the day of issuance, wThen so demanded, such holder
may immediately bring suit thereon in any court of competent jurisdiction,
and, in addition to recovering the full face value thereof, with legal interest
from demand, may recover 10 per cent of said amount as attorney’s fees in
the same suit.

Wages as preferred claims— In administration
Section 3738. Rank.— [Liens of laborers, etc., rank after the expenses of the
funeral, last sickness, judgments, and taxes.]

Exemption of icages from garnishment
Section 3885. Personal earnings.— [No process shall issue to delay the pay­
ment of the earnings by personal labor or services of the head of a family
residing in the State.]

Hours of labor— Overtime pay
Section 4016. Ten hours a day’s voork.— Ten hours of labor shall be a legal
day’s work, and whenever any person employed to perform manual labor of
any kind by the day, week, month, or year renders so many hours of labor, he
shall be considered as having performed a legal day’s work, unless a written
contract has been signed by the person so employed and the employer, requir­
ing a less or greater number of hours of labor to be performed daily.
Sec. 4017. Extra pay.— Unless such written contract has been made, the per­
son employed shall be entitled to extra pay for all work performed by the
requirement of his employer in excess of ten hours’ labor daily.




TEXT OF LAWS— GEORGIA

59

Employment of labor
S ection 4979. Wages due deceased employees.— It shall be lawful for any
employer, in case of death of an employee, to pay to the wife or husband,
and in case there is no wife or husband, then to the child or children, provided
the child or children be over the age of 18 years, and in case there is no
child or children, then to the father or mother, any wages that may be due
said employee at the time of his death.
Sec. 4980. Status.— Any wages so paid under the authority of this chapter
shall not be considered as assets of the estate and subject to administration.
Sec. 5066. Protection as traders.— Any person or persons, firm, joint stock
company, association, or corporation organized, chartered, or incorporated by
and under the laws of this State, either as owner or lessee, having persons in
their service as employees, who shall discharge any employee or employees or
threaten to discharge any employee or employees in their service for trading
or dealing, or for not trading or dealing as a customer or patron with any par­
ticular merchant or other person or class of persons in any business calling, or
shall notify any employee or employees either by general or special notice,
directly or indirectly, secretly or openly given, not to trade or deal as a cus­
tomer or patron with any particular merchant or person or class of persons in
any business or calling, under penalty of being discharged from the service of
such person, firm, joint stock company, corporation or association shall be
punished by fine not exceeding $1,000 or imprisoned not exceeding one year.

GEORGIA
CODE OF 1910
C ivil C ode

Payment of wages in scrip
S ection 2235. Checks, etc., to be redeemed in cash.— Any corporation or
person doing business of any kind in this State, who shall issue checks or
written evidences of indebtedness for the wages of laborers shall redeem at
full value in cash such written evidences of indebtedness on demand and
presentation to the proper person on the regular monthly pay day, and if
there be no regular monthly pay day, then upon demand and presentation on
any regular business day after 30 days from the issuance thereof; and
for every failure to redeem such evidences of indebtedness, said corporation
or person shall be liable to the owner thereof in the sum of $10, to be recovered
by suit, unless said corporation or person shall, upon trial, prove insolvency or
actual inability to redeem at the time of demand and presentation.

Wages as preferred claims—Railroad employees
Section 2793. Enforcement of mortgages.— [Wages of railroad employees are
a first lien on the property of the company, superior to mortgages or other
contract liens, in an amount not exceeding $500 for each employee.]
Sec. 2794. Receiverships.— [Wage debts as above must be first paid out of
any funds available or becoming available in the hafids of the court or trustee
in cases of receivership.]
Sec. 2797. Current wages.— [The receiver operating a railroad under an
order or decree of any court must apply the income to necessary expenses of
carrying on the business, which shall include the wages of employees.]

Payment of wages due deceased employees
Section 3134 (as amended 1915, p. 21). What sum may be paid widow, etc.—
It shall be lawful upon the death of any person employed by any railroad
company or other corporation doing business in this State, who may have
wages due him by said railroad company or other corporation, and who shall
leave surviving him a widow or minor child or children, to pay all of said
wages, when they do not exceed $300, and in case such wages exceed $300,
to pay the sum of $300 thereof to the surviving widow of such employee, and
in case he has no surviving widow, but leaves surviving a minor child or




60

LAW S RELATING TO THE PAYM EN T OF WAGES

children, then said sum shall be paid to said minor child or children without
any administration upon the estate of said employee; and said fund to the
amount of $300, after the death of said employee, is hereby exempt from any
and all process of garnishment.
Sec. 3135. Payment required.— It shall be the duty of such railroad company,
or other corporation, to pay over said fund on the demand of the widow, and
in case there be no surviving widow, then on the demand of the minor child
or children, or the guardian thereof.
Sec. 3136. Payment is release.— The paying over of the fund under the

preceding sections shall operate as a release from all claims against said
fund or railroad company or corporation by the estate of said employee or
creditors thereof, or the claims of the widow or minor child or children,
or the guardian thereof.
Assignments of wages
Section 3465. Contracts void.— Any contract * * * for the assignment
of pledge of any unearned wages or salary, for the purpose of securing a loan
of money shall be void.

Employment of labor
Section 3588. Wrongful discharge.— When the contract is for a year, and the
employer wrongfully discharges the agent before the end of the year, the agent
may either sue immediately for any special injury from the breach of the con­
tract, or, treating the contract as rescinded, may sue for the value of the serv­
ices rendered, or he may wait till the expiration of the year and sue for and
recover his entire wages.
Sec. 3589. Computing damages.— When an agent has been improperly dis­
missed before the expiration of his time, earnings which were realized or
might have been realized by him up to the end of the term should go in miti­
gation of damages.

Suits for wages— Exemptions— Assignments
Section 5095. Suits to be brought within State.— When suit is brought by
attachment in this State against a nonresident of the State and the attachment
is levied by service of summons of garnishment, the situs of any debt due by
the garnishee to the defendant shall be at the residence of the garnishee in this
State, and any sum due to the defendant in attachment shall be subject to said
attachment: Provided, That the writ of attachment shall not be used to subject
in this State wages of persons who reside out of the State, and which have
been earned wholly without the State of Georgia.
Sec. 5298 (as amended 1914, p. 62). What wages exempt.— All persons shall
be exempt from the process and liabilities of garnishment on $1.25 per day
of their daily, weekly, or monthly wages and on 50 per cent of the excess
thereof, whether in the hands of their employers or others. All wages above
the exemption herein provided for shall be subject to garnishment, and gar­
nishee in making answer shall state specifically when the wages therein
referred to were earned by defendant and whether the same were earned as
daily, weekly, or monthly ,wages.
Secs. 5299-5301. Sending wage claims outside State.— [Sending claims out­
side the State for collection with intent to deprive the debtor of his right to
have his wages exempt under the laws of the State, if the parties are subject
to process within the State, is a misdemeanor; and the debtor may recover
any amount attached in such proceedings, together with damages. Assigning
or sending such a elaim outside the State and the commencement of proceed­
ings is prima facie evidence of violation.]

PENAL CODE
Exemption of wages— Unlawful assignment of claims
Section 131. Penalty.— Whoever shall violate section 5299 of the Civil Code,
relative to transferring claims to parties without the State, shall be guilty
of a misdemeanor, and shall be punished by a fine of not less than $10 and
not exceeding $50 for each account or claim so unlawfully transferred, or
assigned, or sent out of this State as aforesaid.




TEXT OF LAWS---- H AW A II

61

ACTS OF 1919
A ct No. 43.— Payment of wages— Semimonthly pay day
(Page 388)
S ection 1. Scope of law.—-Every person, firm, or corporation, including
steam and electric railroads, but not including farming, sawmill, and turpen­
tine industries, employing wage-workers, skilled or unskilled, engaged in man­
ual, mechanical, or clerical labor including all employees, except officials,
superintendents, or other heads or subheads of departments, who may be
employed by the month or year at stipulated salaries, shall make payments in
lawful money, or checks, of the United States to said employees, laborers, and
workers or to their authorized representatives; such payments to be made on
such dates during the month as may be decided upon by such person, firm, or
corporation: Provided, however, That such dates as may be selected shall
amount to an equal division of the month in respect to the time of payments,
the full net amount of wages or earnings due said employees, laborers, and
wage-workers, and in case any such employer shall refuse or willfully fail to
make payments when demanded, upon the regular days of payment, to such
wage-earner, said employer, the members of the firm, the directors, officers,
and superintendents or managers of corporations and associations shall, upon
conviction, be sentenced to pay a fine not exceeding $200: Provided, No person,
firm, or corporation is not in a financial condition to pay said wages, [sic] or
salary, but insolvency shall be the only defense to an indictment for such an
offense, and an extension of time within which to pay said wages or salary
shall operate to make the offense under this act to be committed on date last
agreed upon for payment of same.

HAWAII
REVISED LAWS— 1915
Section 159. Semimonthly pay days.— The fifteenth and last days in each
month shall be the pay days of all employees engaged in constructing or re­
pairing roads, bridges, or streets for the Territory of Hawaii.

W ages— Suits— Exemptions
Section 2469. Exemptions.— [Homestead exemption does not apply where
wages of mechanics are involved.]
Sec. 2470. Amount exempt.— [Exempts from attachment or execution onehalf the wages due every laborer or person working for wages.]

Garnishment of wages
Section 2803 (as amended 1925, No. 262). Exemption.— [Court may on hear­
ing direct wage debtor not to pay defendant employee more than 75 per cent of
wages, balance to be withheld on service made, whether before or after judg­
ment.]
Sec. 2804. Duty of employer.— [If judgment is certified to employer, he shall
continue to pay plaintiff 25 per cent of defendant’s wages until judgment is
extinguished or defendant leaves employment.]
Secs. 2818, 2819. Public employment.— [Provisions as to garnishment of sal­
ary or wages apply to officers and employees in the service of the government
of Hawaii or of its municipalities.]

Payment of wages— Deductions, offsets, etc.
Section 3446 (as amended 1921, No. 133). Deductions.— It shall be unlawful
for any person, firm, partnership, or corporation within this Territory to
deduct and retain any part or portion of any wages due and payable to any
laborer or employee or to collect any store account, offset, or counterclaim
without the written consent or [of] such laborer or employee or by action at
court as provided by law.

76982°— 26------ 5




62

LAW S RELATING TO THE PAYMENT OP WAGES

Sec. 3447. Fines, offsets, efc.— No fines, offsets, or counterclaims shall be col­
lected, deducted, or retained out of any wages due and payable to any laborer
or employee by any person, firm, partnership, or corporation in this Territory,
unless by action in court and judgment therefor first obtained as provided
by law.
Sec. 3448. Penalty.— Any person, partnership, firm, or corporation who shall
violate any provision of this chapter shall be guilty of a misdemeanor and
upon conviction thereof shall be fined not less than $50 and not more than $100.

ACTS OF 1915
No. 64.— Garnishment of wages
S ection 1 (as amended 1921, No. 202). Subsequent employers.— [When a
wage earner is subject to a judgment of garnishment and leaves the service
of the garnished employer, any subsequent employer may be furnished a copy
of the judgment, and is thereby charged with the payment of the judgment.]

IDAHO
COMPILED STATUTES— 1919
Protection of employees in choice of boarding houses, etc.
S ection 2322. Restrictions forbidden.— It shall be unlawful for any em­
ployer, by himself or by his agent, or for any agent of any employer, or for
any other person, directly or indirectly, to impose as a condition, express or
implied, in or for the employment of any workman or employee, any terms as
to the place at which, or the person with whom any workman or employee is
to board, lodge, subsist, or reside; or as to the place or store at which he shall
purchase his goods, wares, or merchandise; or as to the place at which, or the
manner in which, or the person with whom any wages or portion of wages paid
to the workman or employee are or is to be expended; and no employer shall,
by himself or his agent, nor shall any agent of any employer dismiss any work­
man or employee from his employment for or on account of the place at which,
or the person with whom such workman or employee may board, lodge, subsist,
or reside, or as to the place or store at which he shall purchase his goods,
wares, and merchandise; or for or on account of the place at which, or the
person with whom, any wages or portion of wages paid by the employer to such
workman or employee are or is expended, or fail to be expended: Provided,
That it shall not apply to the collection of hospital fees or dues.
Any employer, who by himself or his*agent, or any agent of any employer, or
any other person, who shall violate any of the provisions of this section shall
be guilty of a misdemeanor, and upon conviction thereof shall be fined not less
than $100 nor to exceed $300, or be imprisoned in the county jail for not less
than 30 days nor to exceed 90 days, or shall suffer both such fine and im­
prisonment

Railroads, etc.— Employees’ bonds— Deduction of wages
Section 5118. Payment of bonds furnished corporations.— It shall be unlaw­
ful for any firm or individual railroad or other corporation doing business
within this State to collect or retain from the wages of the persons in their
employ the cost of any guaranty or security furnished the said firm, individ­
ual, or railroad or other corporation covering the said employees, unless such
employees shall have agreed to pay the premium on such guaranty or security.

Wages— Suits— Exemptions
Section 5441 (as amended 1923, ch. 20), Exception.— [Homesteads shall
not be exempt where judgment is on a debt secured by mechanics’, etc., liens.]

Exemption of wages from execution
Section 6920. Amount.— [Exempts 75 per cent of the wages earned by a
judgment debtor within 30 days next preceding the levy of execution on aflidavit that such earnings are necessary for the support of a dependent family




TEXT OF LAWS— ILLINOIS

63

resident within the State; or 50 per cent if the indebtedness is for actual
necessaries. The exemption may not exceed $100 at any one time.]
Wages— Preference—Attorney's fees— Payment on discharge
Section 7376. Assignments.— [Wages of miners, mechanics, salesmen, serv­
ants, clerks, or laborers for services rendered within 60 days preceding an as­
signment are preferred in an amount not exceeding $150.]
Sec. 7377. Administration.— [Same in case of death, except that expenses of
funeral, of last sickness, charges of administration, and allowances to widow
and infant children take precedence.]
Sec. 7378. Executions, etc.— [In cases of executions, attachments, etc.,
claims for wages may be submitted, under oath, and if not disputed, are to be
paid first out of the proceeds of the sale of the property worked upon for 60
days preceding the levy of the writ. Contests must be prosecuted within 10
days or be forever barred, and sufficient funds must be withheld to meet such
claims.]
Sec. 7380. Attorneys' fees.— [Attorneys’ fees are allowed in successful wage
suits if demand in writing for an amount not exceeding the amount found due
was made at least 5 days before suit was brought.]

Payment of wages due discharged employees
S ection 7381. Wages to be paid on discharge.— Whenever any employer of
labor shall hereafter discharge or lay off his or its employees without first pay­
ing them the amount of any wages or salary then due them, in cash, lawful
money of the United States, or its equivalent, or shall fail or refuse on demand
to pay them in like money, or its equivalent, the amount of any wages or
salary at the time the same becomes due and owing to them under their con­
tract of employment, whether employed by the hour, day, week, or month,
each of his or its employees may charge and collect wages in the sum agreed
upon in the contract of employment for each day his employer is in default
until he is paid in full, without rendering any service therefor: Provided,
however, He shall cease to draw such wages or salary 30 days after such
default
$ ec. 7382. Claim a lien.— Every employee shall have such lien and all other
rights and remedies for the protection and enforcement of such salary or
wages as he would have been entitled to had he rendered services therefor in
manner as last employed.

ILLINOIS
REVISED STATUTES— 1917
C hapter 3.— Wages as preferred claims— In administration
Section 70 (as amended 1921, p. 1). Rank.— [Wages of common laborers and
household servants rank with expenses of last illness (including doctor’s bill)
next after funeral expenses and cost of administration and widow’s or chil­
dren’s award.]
C hapter 10b.— Wages as preferred claims— In assignments
Section 6. Amount.— [Wages earned within 3 months prior to any assign­
ment are to be paid after the costs, commissions, and expenses of assignment.]
C hapter 13.— Suits for wages— Attorney's fees
Section 13. Fee allowed, when.— Whenever a mechanic, artisan, miner, la­
borer, or servant, or employee, shall have cause to bring suit for his or her
wages earned and due, and owing according to the terms of the employment,
and he or she shall establish by the decision of the court or jury that the
amount for which he or she has brought suit is justly due and owing, and that
a demand has been made in writing at least three days before suit is brought,
for a sum not exceeding the amount so found due and owing, then it shali be
the duty of the court before which the ease shall be tried to allow to the
plaintiff, when the foregoing facts appear, a reasonable attorney fee, in addition




64

LAWS RELATING TO THE PAYMENT OF WAGES

to the amount found due and owing for wages, and in justice court such attor­
ney’s fee shall not be less than $5, and in the county or circuit court, not
less than $10, to be taxed as costs of suit.
C hapter 38a.— Wages as preferred claims— In receiverships
Sections 1-5. Prior right.— [Debts owing laborers or servants as wages are
to be paid by a receiver or trustee, in full if assets permit; if not, pro rata.]
C hapter 48.— Payment of wages— Modes and times
Section 15a. Corporations to pay wages semimonthly.— Every corporation
for pecuniary profit engaged in any enterprise or business within the State of
Illinois shall as often as semimonthly pay to every employee engaged in its
business all wages or salaries earned by such employee to a day not more than
eighteen (18) days prior to the date of such payment. Any employee who is
absent at the time fixed for payment, or who for any other reason is not paid at
that time, shall be paid thereafter at any time upon six days’ demand, and any
employee leaving his or her employment or discharged therefrom, shall be paid
in full following his or her dismissal or voluntary leaving his or her employ­
ment, at any time upon three days' demand. No corporation coming within the
meaning of this act shall by special contract with employees or by any other
means secure exemption from the provisions of this act. And each and every
employee of any corporation coming within the meaning of this act shall have
his or her right of action against any such corporation for the full amount
of his or her wages due on each regular pay day as herein provided in any
court of competent jurisdiction of this State.
S ec. 15b. Violations.— [Penalties are fines, not less than $25 nor more than
$100 for each offense. Failure to pay each employee is a separate offense.]
Sec. 16. Wages to be paid in full.— It shall be unlawful for any corporation
doing business within this State to withhold from any of its laborers, servants,
or employees any part or per cent of the wages earned by such laborer, servant,
or employee, beyond the date of the regular pay day of said corporation, under
the guise or pretext that the amount of wages so withheld is to be given or
presented to such laborer, servant, or employee as a i>resent or gratuity from
said corporation at the expiration of any future date, on condition that the
services of such laborer, servant, or employee have been performed to the entire
satisfaction of said corporation, or upon condition that such laborer, servant,
or employee shall, unless sooner discharged by said corporation, remain in its
employ until the expiration of some future date designated by said corporation,
or under any other similar pretext or condition, but all such wages shall be
paid in full by said corporation on its regular pay day: Provided, That nothing
in this act contained shall be held to abridge the right of any corporation not
making or requiring contracts of the class specified above to make such contract
or arrangement as may be legal concerning the payment of wages to employees:
And provided further, Nothing herein contained shall be construed to affect
the right of any corporation to contract foi* the retention of a part of the
wages of said laborers, servants, and employees for the purpose of giving to
said servants, laborers, and employees insurance, hospital, sick or other similar
relief.
Sec. 17. Void contracts.— All contracts or agreements of the kind and char­
acter referred to and described in section 1 [10] of this act, hereafter made
by any corporation doing business in this State are hereby declared to be
illegal, against public policy, and null and void, and no such agreement or con­
tract shall constitute a defense upon the part of any such corporation, to any
action brought by any such laborer, servant, or employee for the recovery of
any wages due him and withheld from him by any such corporation, contrary
to the provisions of this act.
Sec. 18. Penalty.— Any such corporation doing business in this State who
shall violate the provisions of this act shall for each offense forfeit the sum
of two hundred dollars, to be recovered from it in any [an] action of debt in
the name of the people of the State of Illinois or by any person who may sue
for the same.
Sec. 19. Enforcement.— It is hereby made the duty of the several State’s
attorneys of this State in their respective counties, to prosecute all actions
commenced in the name of the people of the State of Illinois under the pro­
visions of this act.




TEXT OF LAWS---- INDIANA

65

Sec. 19a. Orders, etc., to be redeemable.—No person, firm, or corporation en­
gaged in any business or enterprise within this State shall issue, in payment
of or as evidence of indebtedness, for wages due an employee for labor, any
time check, store orders, scrip, or other acknowledgment of indebtedness, unless
the same is payable or redeemable upon demand, without discount and for face
value, in lawful money of the United States at the office or place of business of
such person, firm, or corporation.
Sec. 19b. Violation.— [Violation of the foregoing section is punishable by a
fine not exceeding $100, or imprisonment not exceeding 30 days, or both.]
C hapter 52.— Suits for wages— No property exempt
Section 16. Wage debts.— [No personal property is exempt from attachment
etc., when the debt is for wages.]
Sec. 19. Team.— [If the use of his horse or team is necessary to the perform­
ance of labor, the value of same shall be included in the laborer’s wages.]
C hapter 62.— Exemption of wages from garnishment— Assignment of claims
Section 14 (as amended 1925, p. 427). Amount.— [$15 of an employee’s earn­
ings is exempt from garnishment on a showing that he is the head o f a family
with which he resides.]
Sec. 32. Sending claim out of State.— [Sending claim out of State for collection by proceedings in attachment, etc., with the intent to deprive resident
debtors of their exemption rights under the laws of Illinois is forbidden.]
Sec. 34. Nonresidents.— [Nonresidents sued in the State in garnishment pro­
ceedings affecting wages earned outside the State shall have the rights secured
to them by the laws of the State of their residence.]
Sec. 34a. Outside earnings.— ["Wages earned and payable outside of the State
are exempt from attachment in causes of action arising outside the State unless
the defendant in the suit is personally served with process.]

INDIANA
CONSTITUTION
A rticle 1. Compensation for services
Section 66. Compensation.— No man’s particular services shall be demanded
without just compensation. * * *

BURNS’S ANNOTATED STATUTES— 1914
Exemption of wages from garnishment
Section 993. Suits of nonresidents for wages.— Hereafter no court in this
State shall have or entertain jurisdiction in any action of attachment, garnish­
ment, or supplementary proceeding when the plaintiff and principal defend­
ant are both nonresidents of this State, and the money sought to be reached
by such attachment, garnishment, or supplementary proceedings is the personal
earnings or wages due or owing to the principal defendant from any person
or corporation doing business in this State.
Sec. 994. Wages exempt, when.— The wages of all householders in the em­
ploy of any person or corporation shall be exempt from garnishment and pro­
ceedings supplemental to execution in the hands of such person or corporation
so long as such employee remains in such employment, not exceeding twentyfive dollars at any one time, and no exemption shall be allowed as against
garnishment except as in this section provided.
Sec. 995. Garnishee may pay exempted wages.— Any person or corporation
in debt for wages, as in the preceding section provided, may, at any time after
being served with a garnishee summons, pay to any such employee the amount
of wages exempted by the preceding section; and such payment shall dis­
charge such garnishee defendant from liability for the amount so paid, a s
effectually as i f paid before the issuing o f such summons.




66

LAW S RELATING TO THE PAYM ENT OP WAGES

Exemption of wages— Unlawful assignment of claims
Section 2669. Assignments, transfer, etc.— [Selling, transferring, purchas­
ing, or accepting any claim for collection by attachment of garnishment out of
the wages of the debtor, a citizen of the State, with the intent to deprive a
resident of the State of his or her exemption rights under the laws of the
State, when the parties are within the jurisdiction of the courts of the State,
subjects the offender to a fine, and he is also liable for the full amount of the
debt collected, with interest and attorney’s fee.]

Forced contributions from employees
Section 2681. Exacting contributions.— It shall be unlawful for any railroad
company or corporation operating railroads in Indiana to exact from its em­
ployees, without first obtaining written consent thereto in each and every
instance, any portion of their wageg for the maintenance of any hospital, read­
ing room, library, gymnasium or restaurant
Sec. 2682. Penalty.— Any paymaster, auditor, or employee of any company
so exacting from its employees such sums of money shall, upon conviction
thereof in any circuit court having competent jurisdiction, be fined not less
than one hundred dollars nor more than five hundred dollars, as the court may
decree.
Wages as preferred claims— In administration
Section 2901. Amount.— [Wages not over $50, earned within two months
prior to the death of the employer, have preference over general debts and
legacies.]

Wages as preferred claims— In assignments, executions, etc.
Section 7976 (as amended 1917, ch. 109). Amount.— [Where the property
of an employer is seized on process of court or is assigned, debts of laborers
and employees for work or labor during six months preceding, in an amount
not exceeding $50 each, shall be preferred and shall first be paid in full, or
pro rata if there be insufficient funds to pay in full after paying costs. The
term “ employees ” includes traveling salesmen, traveling agents and manu­
facturers’ agents.]
Payment of wages— Assignments.
Section 7981. Who to pay weekly.— Every corporation, association, company,
firm or person engaged in this State, in mining coal, ore or other mineral, or
quarrying stone or in manufacturing iron, steel, lumber, staves, heading, barrels,
brick, tile, machinery, agricultural or mechanical implements, or any article of
merchandise, shall pay each employee of such corporation, company, associa­
tion, firm or person, if demanded, at least once every week, the amount due
such employee for labor, and such payments shall be in lawful money of the
United States, and any contract to the contrary shall be void.
Sec. 7982. Checks, etc., to be redeemable.— Any person, copartnership, cor­
poration or association, or any member, agent or employee thereof, who shall
publish, issue or circulate any check, card or other paper, which is not com­
mercial paper payable at a fixed time in any bank in this State, at its full
face value, in lawful money of the United States, with eight per cent interest,
or by bank check or currency issued by authority of the United States Govern­
ment, to any employee for such person, copartnership, corporation or associa­
tion, in payment of any work or labor done by such employee, or in payment for
any labor contracted to be done by such employee, shall be guilty of a misde­
meanor, and upon conviction thereof, shall be fined in any sum not more than
one hundred dollars.
Sec. 7983. Price of merchandise.— It shall be unlawful for any corporation,
company, association, firm or person described in section one (1) [7981] of this
act, or the officers apd agents of such, to sell, directly or indirectly, to any em­
ployee of such corporation, association, firm or person, any merchandise or
supplies at a higher price than such merchandise or supplies are sold by such
corporation, company, association, firm or person to others for cash.
Sec. 7983a. Failure to pay wages.— Every corporation, company, association,
firm or person who shall fail for ten days after demand of payment has been




TEXT OF LAWS— INDIANA

67

made to pay employees for their labor, in conformity with the provisions of
this act, shall be liable to such employee for the full value of his labor, to
which shall be added a penalty of one dollar for each succeeding day, not
exceeding double the amount of wages due, and a reasonable attorney’s fee,
to be recovered in a civil action and collectible without relief.
Sec. 7983b. Violations.— [Violation is punishable by fine of not less than $5

.

nor more than $100.]
Sec. 7983c Construction of act.— This act shall not in any way affect the
liens of laborers, as now secured to them by the laws of this State.
Sec. 7986. Fines.— It shall be unlawful for any employer to assess a fine on
any pretext against any employee and retain the same or any part thereof
from the wages of said employee at the time of payment fixed in this act, or
at any other time, and a change in the current rate of wages paid is prohibited
without ft written notice given to each employee so affected twenty-four hours
before such change shall take place.
Sec. 7987. Assigning future wages.— The assignment of future wages, to be­
come due to employees from persons, companies, corporations or associations
affected by this act, is hereby prohibited, nor shall any agreement be valid
that relieves said persons, companies, corporations or associations from the
obligation to pay weekly, the full amount due, or to become due, to any em­
ployee in accordance with the provisions of this a c t : Provided, That nothing in
this act shall be construed to prevent employers advancing money to their em­
ployees.
Sec. 7988. Violations.— [Violations of the two preceding sections entail a fine

not exceeding $200.]
Sec. 7989. Enforcement.— It is hereby made the duty of the chief inspector
and of the department of inspection to enforce the provisions of this act by the
processes of the courts, and in the name of the State; and, upon their failure
so to do, any citizen of the State is hereby authorized to do the same in the
name of the State.
Sec. 7995. Assignments, scrip.— [Where wages, earned or unearned, are as­
signed or transferred and the assignee or transferee gives the employee a check,
ticket or token, or an order for goods or other commodity, the same shall be
at once due and payable in lawful money to the full amount of the wages as­
signed; if not paid on demand, collectible by suit, with reasonable attorney’s
fees.]
Sec. 8002. Procuring waiver as to payment of wages.— It shall be unlawful
for any owner, corporation, association, company, firm or person engaged in
mining coal, ore or other minerals or quarrying stone, or in manufacturing
iron, steel, lumber, staves, heading, barrels, brick, tile, machinery, agricultural
or mechanical implements or any article of merchandise, to directly or indi­
rectly procure any person or persons to execute a contract or agreement to
waive his or their legal right to demand of or receive from such owner, cor­
poration, association, company, firm or person, at least once every two weeks,
payment of the amount due such person or persons for labor performed, in
lawful money of the United States.
Sec. 8003. Procuring contracts as to purchase of goods, etc.— It shall be un­

lawful for any owner, corporation, association, company, firm, or person engaged
in this State in mining coal, ore or other minerals or quarrying stone, or in
manufacturing iron, steel, lumber, staves, heading, barrels, brick, tile, machin­
ery, agricultural or mechanical implements, or any article of merchandise to
directly or indirectly procure any person or persons to execute any contract
or agreement by the terms of which such person or persons agree to purchase
any article of merchandise, food, groceries, or supplies of any particular
person, corporation, association, firm or company, or any particular place, shop,
or store in this State.
Sec. 8004. Coercion to buy.— It shall be unlawful for any owner, manager,
superintendent, operator, bank boss, agent, or employer employed in any of
the occupations described in section 1 of this bill [sec. 8002], to hold out
any tokens or inducements, or make any threats or promises of reward, or in
any other way by words or acts, to coerce any of their employees to buy any
article of merchandise, food, groceries, or supplies of any particular person,
corporation, association, firm, or company, or at any particular place, shop, or
store in this State.
Sec. 8005. Attempts to coerce.— It shall be unlawful for any owner, manager,
superintendent, operator, bank boss, agent, or employer to attempt by words




68

LAWS RELATING TO THE PAYMENT OF WAGES

or acts to coerce any of their employees to buy any article of merchandise,
food, groceries, or supplies of any particular person, corporation, association,
firm, cr company, or at any particular place, shop, or store in this State.
S ec. 8006. Violations.— [Violation is punishable by fine of not more than

$200.]
ACTS OF 1923
C hapter 177.— Mine regulations— Wages
Section 21. Assignment of wages.— (A) Whenever any merchant or dealer
in goods or merchandise, or any other person, shall take from any employee
or laborer for wages, who labors in or about any mine in this State, an assign­
ment of such employee’s wages, earned or unearned, due or to becom§ due, or
shall take from such employee or laborer any order on his employer for any
such wages, and shall issue or give to any such employee or laborer, in con­
sideration of, or in payment for, any such assignment or transfer or order, any
check, other than a check on a solvent bank, or any ticket, token, or device
payable or redeemable, or agreed to be payable or redeemable, in goods, wares,
or merchandise or anything other than lawful money of the United States, such
check, ticket, token, or device shall at once become due and payable in lawful
money of the United States, for and to the extent of the full amount of the
wages assigned or relinquished for it, and the holder of such checks, ticket,
token, or device shall, after demand, have the right to collect the same, with
reasonable attorney’s fees, by suit in any court of competent jurisdiction.

ACTS OF 1925
C hapter 61.— Garnishment of wages— Exemptions

[This act provides for the issue of an execution against the earnings, wages,
etc., of a wage earner against whom a judgment for debt has been recovered.
On service of such execution it becomes a lien and a continuing levy on 10
per cent of the earnings, salary, or wages of such debtor until the execution
and costs are fully satisfied, “ notwithstanding any exemption law now in
force.” The party indebted to such judgment debtor must pay over to the
officer the amount named at the rate specified, which shall not exceed 10 per
cent of the indebtedness as and when it becomes due.
Modifications of executions may be had by either party on a proper showing.
An outstanding execution is a defense against the issue of another; and if it
appears that another party than the one named in the original affidavit is in­
debted to the judgment debtor, execution may be had against such party. The
act does not apply in cases where the debt has been assigned or transferred
by the original holder or owner, nor to contracts of sale unless title passes
to the purchaser at the time of sale.]

IOWA
CODE OF 1924
Payment of wages at coal mines
Section 1322. Payment semimonthly.— All wages shall be paid in money upon
demand, semimonthly, by paying the amount earned during the first fifteen
days of each month not later than the first Saturday after the twentieth of said
month, and for those earned after the fifteenth of each month not later than
the first Saturday after the fifth of the succeeding month. A failure or refusal
to make payment within five days after demand shall entitle the laborer to
recover the amount due him, and one dollar per day additional, not exceeding
the amount due, for each day such payment is neglected or refused, and in any
action therefor the court shall tax as a part of the costs a reasonable attorney
fee to plaintiff’s attorney.
Sec. 1323. Scrip; company stores.— The operator shall not sell, give, de­
liver, or issue, directly or indirectly, to any person employed, in payment for
labor due or as advances for labor to be performed, any script [scrip], check,
draft, order, or other evidence of indebtedness payable or redeemable other­
wise than in money at its face value. He shall not compel or in any manner




TEXT OF LAWS---- IOWA

69

endeavor to coerce any employee to purchase goods or supplies from any par­
ticular person, firm, company, or corporation, but upon demand all wages shall
be paid in money as provided in the preceding section.
Railroads— Payment of wages
Section 7990. Duty of railway companies.— Every railway corporation oper­
ating or doing business in the State of Iowa shall as often fts semimonthly pay
to every employee engaged in its business all wages or salaries earned by such
employee to a day not more than 18 days prior to the date of such payment.
Any employee who is absent at the time fixed for payment, or who for any
other reason is not paid at that time, shall be paid thereafter at any time upon
six days’ demand, and any employee leaving his or her employment or dis­
charged therefrom shall be paid in full following his or her dismissal or volun­
tary leaving his or her employment at any time upon six days’ demand. No
corporation coming within the meaning of this act shall by special contract
with the employees or by any other means secure exemption from the provisions
of this act. And each and every employee of any corporation coming within
the meaning of this act shall have his or her right of. action against any such
corporation for the full amount of his or her wages due on each regular pay
day as herein provided in any court of competent jurisdiction of this State.
Sec. 7991. Violations.— [Violations are punishable by fine, $25 to $100. Each
day’s delay is a separate offense.]

Assignment of wages
Section 9454. Spouses to unite.— [Assignments of wages by the head of any
family must be in writing, the same joint instrument to be signed by both
husband and wife.]
S ec. 9455. Priority.— Assignments of wages shall have priority and prece­
dence in the order in which notice in writing of such assignments shall be given
to the employer, and not otherwise.

Execution on judgments for wages not to be stayed
Section 11706. Exception.— On all judgments for the recovery of money,
except those rendered on any appeal or writ of error, or in favor of a laborer
or mechanic for his wages, * * * there may be a stay of exe­
cution. * ♦ *

Wages as preferred claims— In receiver ship, etc.
Section 11717. Amount.— [When the property of any employer is assigned
or seized for debt, debts owing employees for services during the 90 days pre­
ceding, not exceeding $100, shall be preferred to all other debts after the pay­
ment of costs.]
Sec. 11721. Rank.— [Allowed claims for wages are prior to all claims or
liens except prior mechanics’ liens for labor in opening or developing coal
mines.]
Exemption of wages from execution
Section 11763. Amount exempt.— [To residents who are heads of fami­
lies earnings of the 90 days next preceding the levy are exempt from execu­
tion, etc.]
Sec. 11769. Earnings outside State.— Wages earned outside of this State
by a nonresident of this State, and payable outside of this State, shall in
all cases where the garnishing creditor is a nonresident of this State, be
exempt from attachment or garnishment where the cause of action arises outside
of this State; and it shall be the duty of the garnishee in such cases to plead
such exemption, unless the defendant shall be personally served with original
notice in this State.
Sec. 11770. Sending claims out of State.— [Sending a claim against a resi­
dent of the State outside the State for collection, or transmitting such claim
to a nonresident with the intent of depriving the debtor of his exemption
rights under the State law is a misdemeanor.]




70

LAWS RELATING TO THE PAYM ENT OF WAGES

Wages as preferred claims
Section 11970. Order of payment.— Other demands against the estate [than
last sickness, funeral, and court allowance to widow and minor children]
shall be payable in the following order:
1. Debts entitled to preference under the laws of the United States.
2. Public rates and taxes.
3. Claims filed within six months after the first publication or posting of
the notice given by the executors or administrators of their appointment.
Sec. 11971. Amount.— In payment of claims of the third class, all debts
owing to employees for labor performed within the ninety days next preceding
the death of the decedent, having been filed as by law provided, shall be
preferred and paid in full before any other claims of said class are paid. If
there is not sufficient property to pay said claims in full the same shall be
applied ratably on all such claims.

Wages as preferred claims— In receiverships, etc.
S ection 12719. Priority.— [When the property of the employer has been
placed in the hands of a receiver for distribution, after the payment of costs
wage claims rank after, taxes or other debts due the United States or the
State.]
Wages as preferred claims in assignments
Section 12732. Amounts.— If the claim of any creditor is for personal serv­
ices rendered the assignor within ninety days next preceding the execution of
the assignment, it shall be paid in full.

KANSAS
GENERAL STATUTES— 1915
Payment of wages— Semimonthly pay day
Section 2164. Duty of corporations.— All-corporations doing business in this
State, which shall employ any mechanics, laborers, or other servants, shall pay
the wages of such employees as often as semimonthly: Provided, This act
shall not apply to the State or any municipal corporation.
Sec. 2165. Violations.— [Violations entail a fine, $50 to $500 for each offense.]

Wages— Exemptions— Preference
Section 4553.. Widow?s preference.— [Grants the widow of a deceased work­
man his personal earnings exempt to him from attachments, etc.]
Sec. 4564. Wage preference.— [Wage debts owed by a deceased employer rank
with expenses of last sickness and of administration, funeral expenses being
a prior charge.]
Sec. 4703. Personal property not exempt.— [No personal property of any
wage debtor is “ exempt from attachment or execution for the wages of any
clerk, mechanic, laborer, or servant.” ]
Sec. 4705. Wages exempt, when.— Wages earned out of this State and payable
out of this State shall be exempt from attachment or garnishment in all cases
where the cause of action rose [arose] out of this State, unless the defendant
in the attachment or garnishment suit is personally served with process;
and if the writ of attachment or garnishment is not personally served on the
defendant, the court issuing the writ of attachment or garnishment shall not
entertain jurisdiction of the cause, but shall dismiss the suit at the cost of the
plaintiff.
Payment of wages on termination of employment
Section 5880. Wages to be paid, when.— It shall be unlawful for any firm or
corporation employing labor within this State, to refuse or neglect to pay to
any person leaving its service either by resignation or discharge any money
due as wages within ten days from the termination of such services, and such
payment must be made either at the place of discharge or at any office of such
company or corporation within the State as may be designated by the party




TEXT OF LAWS-----KENTUCKY

71

employed, he giving notice in writing to the foreman or party in charge of
such work.
Sec. 5881. Violations.— [Where employers fail to pay wages as required
above, the wages continue at the same rate until paid, but not for more than 60
days unless action was begun within th&t time.]
Wages as preferred claims— In insolvency
Section 5885. Priority of wages.— [All wages due laborers or employees other
than officers of a corporation, earned within 6 months preceding insolvency,
“ shall be preferred to every other debt or claim.” ]

Exemption of wages— In executions
Sections 7435, 7436. Wages exempt on affidavit.— [If the judgment debtor
makes affidavit that earnings for personal services within 3 months prior to
the judgment are necessary for the support of his family, such earnings are
exempt; except that 10 per cent monthly may be taken and applied to the
debt, plus $4 court costs.]

ACTS OF 1917
C hapter 229.— Payment of wages in scrip
Section 1. Orders, etc., to be redeemable.— Any duebill, script [scrip], order
or orders for merchandise issued by any person, firm, or corporation to any
person in exchange for all or any part of a time check, duebill, script [scrip],
order or orders for merchandise issued by any person, firm, or corporation to
anyone in their or its employ in payment of wages for labor shall, at the option
of the holder, be payable on demand in lawful money of the United States
unless the due date shall be plainly and specifically stated thereon, which said
due date shall not be more than fifteen days after date.
Sec. 2. Violations.— [Fines of from $500 to $1,000 are penalties for viola­
tions.]

KENTUCKY
CONSTITUTION
Payment of wages
Section 244. Wages to be paid in lawful money.— All wage earners in this
State employed in factories, mines, workshops, or by corporations shall be paid
for their labor in lawful money. The general assembly shall prescribe adequate
penalties for violations of this section.
[See section 1350, below.]

STATUTES OF 1915
Payment of wages
S ection 1350. Penalty.— Any corporation or person or persons having the
ownership or control of any factory, mine, or workshop in this Commonwealth,
who shall violate the provisions of section 244 of the constitution, * * * shall
be guilty of a misdemeanor, and, on trial and conviction, had in any court of
competent jurisdiction, shall be fined not exceeding five hundred dollars for
each violation thereof.

Exemption of wages from execution
Section 1701A. Wages earned outside of State.— Wages earned out of this
State and payable out of this State shall be exempt from attachment as gar­
nishment in all cases, where the cause of action arose out of this State, and
it shall be the duty of garnishees in such cases to plead such exemption unless
the defendant is actually served with process.




72

LAWS RELATING TO THE PAYMENT OF WAGES

Payment of wages of miners— Coercion in trading
Section 2738-rl. Semimonthly pay day.— All persons, associations, com­
panies, and corporations employing the services of ten or more persons in any
mining work or mining industry in this Commonwealth, shall, on or before
the fifteenth and thirtieth days of each month, pay to within fifteen days of
the aforesaid fifteenth and thirtieth days, respectively, each servant or em­
ployee, in lawful money of the United States, the full amount of wages due
each such servant or employee rendering such service, unless prevented by
an unavoidable casualty: Provided, however, That if at any time of payment
any servant or employee shall be absent from his place of labor, he shall be
entitled to such payment at any time thereafter on demand.
Sec. 2738-sl. Coercion as to trade.— It shall be unlawful for any person
or persons, association, company, or corporation employing others, as described
in section 1, either directly or indirectly, to coerce or require any such
servant or employee to deal with or purchase any article of food, clothing,
or merchandise of any kind whatever, from any person, association, cor­
poration, or company, or at any place or store whatever. And it shall be
unlawful for any such employers as described in the first section to exclude
from work, or to punish or blacklist any of said employees for failure to deal
with any other or to purchase any article of food, clothing, or merchandise
whatever from any other or at any place or store whatever.
2. Violations.— [Fines of from $50 to $100 are fixed for each violation.]

ACTS OF 1916
C hapter 21.— Payment of wages— Semimonthly pay day
S ection 1. Scope of law.— Every corporation for pecuniary profit engaged in
any enterprise or business within the State of Kentucky shall, as often as
semimonthly, pay to every employee engaged in its business all wages or
salary earned by such employee to a day not more than eighteen (18) days
prior to the date of such payment. And any employee who is absent at the
time fixed for payment, or who, for any other reason, is not paid at that time,
shall be paid thereafter at any time upon six days’ demand, and any employee
leaving his or her employment or is discharged therefrom shall be paid in
full following his or her dismissal or voluntary leaving his or her employment
at any time upon three days’ demand. No corporation coming within the mean­
ing of this act shall, by special contract with its employees or by any other
means, secure exemption from the provisions of this act. And each and every
employee of a corporation coming within the meaning of this act shall have
his or her right of action against any such corporation for the full amount
of his or her wages due on each regular pay day as herein provided in any
court of competent jurisdiction in this State.
Sec. 2. Violations.— [Violations of section 1 are punishable by fine, $25 to
$100, each failure to comply with same constituting a separate offense.]

ACTS OF 1924
C hapter 71.— Payment of wages in scrip
Section 1. Redemption; records.— An individual, firm, partnership, or or­
ganization or corporation employing labor who may hereafter issue any script
[scrip], duebills, checks, or other evidence of debt in any form for labor shall
redeem same in cash or legal tender at face value at least once in each month
on a regular pay day from any person or persons, firm, or corporation who
may present the same for payment: Provided, That any person, firm, or cor­
poration buying said script [scrip] or other evidence of debt which has been
issued to employees for labor shall be entitled to sue the person, firm, or cor­
poration issuing the same if payment is refused, and shall be entitled to recover
face value therefor if it has been paid for in goods and merchandise in store,
and if paid for in cash shall be entitled to recover the amount paid for said
script [scrip] or other evidence of debt issued to employees, together with 6
per cent interest from date said script [scrip] was purchased, and in the event
said amount paid for said script [scrip] or other evidence of debt issued to
employees is less than the face value thereof, and that the amount paid and




TEXT OF LAWS---- LOUISIANA

73

interest thereon is less than face value of said script [scrip], the residue of
the face value thereof shall be credited on the books of the employer to the em­
ployee to whom it was issued and said employee shall be entitled to receive
same on any regular pay day of said employer: And provided, That the person,
firm, or corporation suing said employer to recover on said script [scrip] or
other evidence of debt shall not be required to make the persons from whom
said script [scrip] or other evidence of debt was purchased party or parties to
any action brought to enforce collection for same. All persons, firms, and
corporations purchasing script [scrip] or other evidence of debt issued to em­
ployees on account of labor shall keep an accurate record of the amount of
script [scrip] or other evidence of debt purchased and this record so kept shall
show the name of each person from whom script [scrip] or other evidence of
debt issued to employees for labor was purchased, the amount purchased, date
thereof, and amount paid in goods or in cash or other thing of value, and who
issued said script [scrip] or other evidence of debt so purchased. This act
shall not apply to persons, firms, or corporations employing less than twenty
persons. The itemized statement from the record so kept shall be presented
when payment is demanded for script [scrip] or other evidence of debt so
purchased from any person, firm, or corporation and said statement shall be
properly sworn to by the person presenting same or by his or its agent.

LOUISIANA
CONSTITUTION— 1921
A rticle IV.— Labor legislation
Section 7. No wage regulation.— No law shall be passed fixing the price of
manual labor, but the legislature, through the commission or otherwise, may
establish minimum wages for and regulate the hours and working conditions
of *women and girls, except those engaged in agricultural pursuits or domestic
service.
A rticle X I .— Suits for wages— Homesteads not exempt
Section 2. Exemption not applicable.— [Homestead exemptions are provided
for, but they do not apply in the case of debts owing for labor, money, and
material furnished for building, repairing, or improving homesteads.]

REVISED LAWS— 1897
Suits for wages
{Page 683.

Act No. 92, Acts of 1873)

Section 1. Actions against nonresidents.— In all parishes of the State it

shall be lawful for mechanics, laborers, and others doing work oh the planta­
tion or plantations of the nonresident proprietors thereof to institute suit for
the recovery of their wages, labor, work, or portion of the crop, as the case may
be, against the nonresident proprietors of said plantation in the parish in which
said labor or work was done and performed.
Sec. 2. Service of citation.— In all cases when suits are to be instituted it
shall only be necessary to make service of the copy of citation and petition
upon the agent, overseer, manager, or other person having control, manage­
ment, or administratin of said plantation, and in the employ of the said non­
resident proprietor.
(Page 683.

Act No. 25, Acts of 1874)

Section 1. Time of trial.— In all cases instituted before any court of this

State by a laborer or laborers upon any farm or plantation for the recovery
of his or their wages, it shall be legal and competent for the judge, upon
application of either plaintiff or defendant, to try the suit either in chambers
or in open court after three days’ service of citation.
Sec. 2. Appeals.— In case of appeals from any judgment so rendered either
plaintiff or defendant shall be entitled to have the case tried de novo in the




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LAWS RELATING TO TH E PAYMENT OP WAGES

appellate court, either in chambers or in open court, and all appeals in such
cases shall be returnable to the appellate court within three days after
rendition and signing of judgment.
(Page 683.

Act No* 16, Acts of 1886)

Section 1. Venue.— Parties holding claims againt any citizens of this State
for labor performed, or for supplies or materials furnished, or for improve­
ments made upon any farm or plantation, or real estate, are hereby authorized
to institute suit for the recovery of such claims before any competent court
having territorial jurisdiction of the property, whether the owner be domiciled
or not in the parish where the property is situated.

VOORHIES’ REVISED CIVIL CODE OF 1870—EDITION OF 1888
Employment of labor
A rticle 2748. Employees on farms and in factories.— Laborers, who hire
themselves out to serve on plantations or to work in manufactures, have not
the right of leaving the person who has hired them, nor can they be sent away
by the proprietor, until the time has expired during which they had agreed
to serve, unless good and just causes can be assigned.
Art. 2749. Discharge.— If, without any serious ground of complaint, a man
should send away a laborer whose services he has hired for a certain time,
before that time has expired, he shall be bound to pay to such laborer the
whole of the salaries which he would have been entitled to receive, had the
full term of his service arrived.
Art. 2750. Leaving employment.— But if, on the other hand, a laborer, after
having hired out his services, should leave his employer before the time of
his engagement has expired, without having any just cause of complaint
against his employer, the laborer shall then forfeit all the wages that may be
due to him, and shall moreover be compelled to repay all the money he has re­
ceived, either as due for his wages, or in advance thereof on the running
year or on the time of his engagement.

Wages as preferred claims— In administration
A rticle 3254. Priority of wage claims.— [Makes wages of servants rank
next after funeral charges, law charges, and expenses of last illness.]

VOORHIES’ CODE OF PRACTICE— THIRD EDITION
Exemption of xoages from execution, etc.
•

A rticle 644. Wage exemption.— The sheriff or constable can
* * wages, nor recompense for personal services, * * *

not

seize

ACTS OF 1904
A ct No. 165.— Exemption of wages from garnishment
Section 1. Wages exempt, when.— Wages earned out of this State and pay­
able out of this State shall be exempt from attachment of garnishment in all
cases where the cause of action arose out of this State, and it shall be the
duty of garnishees in such cases to plead such exemption unless the defendant
is actually served with the process.

ACTS OF 1908
Act No. 228.— Payment of wages in scrip
Section 1. Scrimp to be redeemed in cash.— Any person, firm, or corporation
issuing checks, punch outs, tickets, tokens, or other device, redeemable either
wholly or partially in goods or merchandise at their, or any other place of
business, shall, on demand of any legal holder thereof, on the next pay day of
such person, firm, or corporation issuing same succeeding the date of issuance




TEXT OF LAWS---- LOUISIANA

75

of same be liable for the full face value thereof, in current money of the
United States.
Sec. 2. Payable to bearer.— Any such checks, punch outs, tickets, tokens, or
other device, issued by any p e r s o n , firm, or corporation, shall be considered
and treated as payable to bearer, on demand, in current money of the United
States, notwithstanding any contrary stipulation or provision which may be
therein contained.
Sec. 3 (as amended 1924, No. 210). Failure to redeem.— [Failure of the
party issuing such checks, tokens, etc., to redeem the same at full face value
when demanded so to do by the legal holder thereof, on a regular pay day,
is a misdemeanor, punishable by fine, $50 to $500, and imprisonment not more
than 90 days, in the discretion of the court]
ACTS OF 1910
A ct No. 28.— Suits for wages— Sending claims outside the State
Section 1. Sending out claims forbidden.— It shall be illegal for any per­
son, firm, or corporation to seek, solicit, receive, or transfer any account, note,
or other claim against a resident of this State who works for a salary or
wages, with a view or with the intention of suing on it in another State, or
permitting such to be done, or aiding or abetting such suit on such claim in
another State, against a resident of this State.

ACTS OF 1914
A ct No. 25.— Payment of wages— Semimonthly pay day
Section 1 (as amended 1918, No. 225). Pay day.— Every corporation, com­
pany, association, oil companies and mining companies, partnerships or in­
dividual persons, engaged in manufacturing of any kind in this State, or en­
gaged in boring for oil and in mining operations, employing as many as ten
(10) or more employees, and every public service corporation doing business
in this State, shall be required to make full payment to employees for
services performed, as often as once every two weeks or twice during each
calendar month, which pay days shall be two weeks apart as near as is
practicable, and such payment or settlement shall include all amounts due
for labor or services performed up to not more than seven days previous to
the time of payment, except that public service corporations shall not be re­
quired to make payment for labor or services performed up to more than
fifteen days prior to the time of payment: Provided, That, except in cases of
public service corporations, this act shall not apply to the clerical force or
salesmen.
Sec. 2. Violations.— [Violations entail a fine, $25 to $250, or imprisonment
not less than 10 days, or both, for each day’s violation.]
A ct. N o. 62.— Termination of contract of employment— Forfeiting wages
S ection 1. Contracts for forfeits forbidden.— It shall hereafter be unlaw­
ful for any person, individual, firm or corporation acting either for them­
selves or as agents or otherwise to require any of their employees to sign
contracts by which said employees shall forfeit their wages if discharged be­
fore the contract is completed or if said employees resign their employment
before said contract is completed; but in all such cases said employees shall be
entitled only to the wages actually earned up to the time of his discharge or
resignation.
Sec. 2. Fines.— It shall be unlawful for any individual, person, firm or cor­
poration, acting either for themselves or otherwise, to assess any fines against
their employees or to deduct any sum as fines from the wages of said em­
ployees: Provided, That this section shall not apply in cases where the em­
ployees willfully or negligently damage goods or works or in cases where the
employees willfully or negligently damage or break the property of the em­
ployers and in such cases the fines shall not exceed the actual damage done.
Sec. 3. Violations.— Any violation of this act shall be a misdemeanor and
punishable by a fine of not less than $25 or more than $100 or imprisonment
for at least 30 days or not more than 3 months, at the discretion of the court.




76

LAWS RELATING TO THE PAYMENT OF WAGES

ACTS OF 1916
A ct N o. 188.— Coercion of employees— Company stores
S ection 1. Coercion forbidden.— It shall hereafter be unlawful for any
person, individual, Arm, or corporation acting either for themselves or as
agents or otherwise to coerce or require any of their employees to deal with
or purchase any article of food, clothing, or merchandise of any kind whatso­
ever from any individual, person, firm, or corporation.
Sec. 2 Same.— It shall be unlawful for any individual, person, firm, or cor­
poration or employer of labor to exclude from work or to punish or black­
list any of said employees for failure to deal with another or to purchase any
article of food, clothing, or merchandise whatsoever from another or at any
place whatsoever: Provided, however, That this act shall not apply to the
sale and purchase of uniforms.
Sec. 3. Penalty.— Any violation of this act shall be a misdemeanor and pun­
ishable by a fine of not less than $50 or more than $100, or imprisonment
for at least 30 days or not more than 90 days, or both, at the discretion of the
court.
A ct No. 270.— Employers'

liability insurance— Deductions from wages for
premiums

S ection 1. Deducting premiums forbidden.— It shall be unlawful for any
person, firm, or corporation, or his or its agent or representative, directly or
indirectly, to deduct from the wages or other compensation of any employee
of such person, firm, or corporation, any contribution to pay, or toward the
payment of, any premium or other charge of employer’s liability insurance,
or to demand, request or accept of any employee such contribution or payment
for such purposes; or to demand or request of any employee that he or she
make any payment or contribution for such purpose to any other person, firm
or corporation.
Sec. 2. Violations.— [Violations incur penalty of not exceeding $500 or im­
prisonment not exceeding 1 year, or both.]

ACTS OF 1920
A ct No. 150.— Payment of wages— Discharged employees
Section 1. Payment required.— It shall be the duty of every person, individ­
ual, firm, or corporation employing laborers or other persons of any kind what­
ever when they have discharged said laborer or other employee, to within
twenty-four hours after discharged pay the laborer or employee the amount
due him or them under the terms of his or their employment, whether by the
day, week, or month, upon demand being made by the said discharged laborer
or employee, upon his employer, at the place where said employee or laborer is
usually paid.
S ec. 2. Violations.— Any individual, firm, person, or corporation employing
laborers or others in this State who shall fail or refuse to comply with the pro­
visions of section 1 of this act, shall be liable to the said laborer or other em­
ployee for his full wages from the time of such demand for payment by the
discharged laborer or employee until the said person, firm, or corporation shall
pay or tender payment to the amount due such laborer or other employee.

MAINE
REVISED STATUTES— 1916
C hapter 49.— Weekly payment of wages— Discharge
Section 34. Weekly payment.— Every corporatien, person or partnership, en­
gaged in a manufacturing, mechanical, mining, quarrying, mercantile, street
railway, telegraph or telephone business; in any of the building trades; upon
public works, or in the construction or repair of street railroads, roads,
bridges, sewers, gas, water or electric light works, pipes or lines;




TEXT OF LAWS---- MARYLAND

77

every incorporated express company or water company; and every steam
railroad company or corporation shall pay weekly each employee engaged
in his or its business the wages earned by him to within eight days of the date
of said payment, but any employee, leaving his or her employment, shall be
paid in full on the following regular pay day: Provided, That when an employee
is discharged he shall be paid the wages due him on demand; and the State,
its officers, boards and commissions shall so pay every mechanic, workman and
laborer who is employed by it or them, and every county and city shall so
pay every employee who is engaged in its business the wages or salary earned
by him, unless such mechanic, workman, laborer or employee requests in
writing to be paid in a different manner; and every town shall so pay each
employee in its business if so required by him ; but an employee who is absent
from his regular place of labor at a time fixed for payment shall be paid
thereafter on demand. The provisions of this section shall not apply to an
employee engaged in cutting and hauling logs and lumber nor the driving of
same until it reaches its place of destination for sale or manufacture; nor to
an employee of a cooperative corporation or association if he is a stockholder
therein unless he requests such corporation to pay him weekly. No corpora­
tion, contractor, person or partnership shall by a special contract with an em­
ployee or by any other means exempt himself or itself from the provisions
of this section. Whoever violates the provisions of this section shall be pun­
ished by a fine of not less than ten, nor more than fifty dollars.
Sec. 35. Notice of termination of employment.— Any person, firm or corpora­
tion engaged in any manufacturing or mechanical business, may contract with
adult or minor employees to give one week’s notice of intention on such em­
ployee’s part, to quit such employment under a penalty of forfeiture of one
week’s wages. In such case, the employer shall be required to give a like
notice of intention to discharge the employee; and on failure, shall pay to
such employee, a sum equal to one week’s wages. No such forfeiture shall be
enforced when the leaving or discharge of the employee is for a reasonable
cause: Provided, however, That the enforcement of the penalty aforesaid,
shall not prevent either party from recovering damages for a breach of the
contract of hire.
C hapter 75.— Wages— Preference— Exemption
Section 42. Insolvency.— [In paying debts of an insolvent, wages owed op­
eratives, clerks, and servants, earned within the prior 6 months, not exceed­
ing $50, rank next after court fees and costs and debts and taxes owed the
State and the United States.]
Sec. 08. Exemptions.— [The wages due an insolvent debtor for one month
preceding service of process, not exceeding $20 in amount, may not be at­
tached for prior debts.]
C hapter 91.— Exemption of wages from garnishment
Section 55. * * * VI (as amended 1923, ch. 125). Amount.— [Wages in
the amount of $20 for the personal labor of the debtor are exempt from
attachment; also all wages of the debtor’s wife and minor children. If
process has been served, the trustee shall nevertheless pay over to the em­
ployee the amount exempt from attachment.]
C hapter 114.— Assignments of wages to be recorded
S ection 9. Recording required.— No assignment of wages is valid other than
as to the parties to the assignment unless recorded by the clerk of the town
or the register of deeds.

MARYLAND
BAGBY’S ANNOTATED CODE— 1924
A rticle 9.— Exemption of wages from attachment
Section 33. One hundred dollars exempt.— No attachments of the wages or
hire of any laborer or employee, in the hands of the employer, whether private

76982°— 26------ 6




78

LAWS RELATING TO THE PAYMENT OF WAGES

individuals or bodies corporate, shall affect any salary or wages of the debtor
which are not actually due at the date of the attachment; and the sum of one
hundred dollars of such wages or hire due to any laborer or employee by any
employer or corporation shall always be exempt from attachment by any
process whatever.
Sec. 34. Nonresidents.— The wages or hire of any person or persons, not
residing in this State, shall be subject to attachment upon judgment, warrant,
or upon two non ests, in the same manner and to no larger extent than the
wages or hire of any person or persons, resident in this State.
A rticle 23.— Payment of wages— Semimonthly pay day
Section 151. Wages to be paid, when.— * * * Every association or cor­
poration doing business in the State of Maryland employing wageworkers,
whether skilled or ordinary laborers, engaged in manual or clerical work, in
the business of mining, manufacturing, operating a steam or electric railroad,
street railway, telegraph, telephone, or express company, shall make payment
in lawful money of the United States semimonthly to said employees, laborers,
and wageworkers, or to their authorized agents, at their respective places of
employment, at intervals of not more than sixteen days and not more [less]
than fourteen days. In case any said corporations or associations doing
business as aforesaid, or any of their officers, shall refuse to make payment
at the times above set forth to their wageworkers, laborers, or other employees
the wages due them or any of them, said association, corporation, or officer
so refusing shall be guilty of a misdemeanor, and be liable to indictment there­
for, and, upon conviction, shall be fined a sum not exceeding two hundred
dollars for each offense.
A rticle 23.— Company stores
Section 248. Company stores forbidden to certain corporations.— No railroad

or mining company formed or organized under any of the provisions of this
article, or which has organized under any existing laws, charter, or act of the
general assembly of this State, shall own, conduct, or carry on any store,
or have any interest in any store, or receive any portion of the profits thereof;
but nothing herein contained shall prevent the employees of any corporation
from forming cooperative stores.
A rticle 23.— Forced contributions from railroad employees
Section 252. Withholding wages.— It shall not be lawful for any railroad
company doing business in this State to withhold any part of the wages of
its employees for the benefit of any relief association or the members thereof.
Any railroad company violating the provisions of this section shall upon con­
viction be fined not less than fifty ($50) dollars nor more than five hundred
($500) dollars for each and every offense.
A rticle 27.— Payment of wages— Semimonthly pay day
S ection 532. [Same as art. 23, sec. 151.]
A rticle 47.— Wages as preferred claims— In assignments, etc.
S ection 15. Insolvency.— [Receivers of insolvents are to pay first the wages
or salaries of clerks, servants, salesmen, or employees for not more than three
months prior to the execution of the assignment, adjudication or decree, next
after the legitimate costs, taxes, and commissions, excepting lien claims re­
corded at least three months prior to the assignment.]
A rticle 83.— Assignments of claims on wages— Sending claims outside of State
Section 15. Assignment of wage claims.— [Citizens of the State are forbidden
to send or transfer any claim for debt against a resident of the State for col­
lection outside the State with the intent of depriving the debtor of the benefit
of the wage exemption laws of the State. Violator is liable for amount col­
lected and also (sec. 18) is punishable for a misdemeanor.]




LAWS RELATING TO THE PAYM ENT OF WAGES

79

MASSACHUSETTS
GENERAL LAWS— 1921
C hapter 149.— Employees on public works— Action for wages
Section 28. Action against cities or towns.— A person to whom a debt is
due for labor performed in constructing a building, sewer or drain, or water­
works or other public works owned by a town, under a contract with any
person having authority from or rightfully acting for such town in furnishing
such labor, shall have a right of action against such town to recover such debt
if, within thirty days after he ceases to perform such labor, he files in the
clerk’s office of the town against which he claims such right of action a
written statement under oath of the amount of the debt so due to him, and the
names of the persons for whom and by whose employment the labor was
performed, and if, within sixty days after he ceases to perform such labor,
he commences such action. Such right of action shall not be lost by reason
of a mistake in stating the amount due; but the claimant shall not recover,
as damages a larger amount than is named in said statement as due to him,
with interest. No person who has contracted to furnish labor other than
his own in such construction shall have such right of action.
C hapter 149.— Payment of wages— Weekly pay day
Section 148 (as amended 1925, ch. 165). Who to pay wages weekly.— Every
person engaged in carrying on in a city a hotel or club, and every person
engaged in carrying on within the Commonwealth a theater, moving-picture
house, dance hall, factory, workshop, manufacturing, mechanical or mercan­
tile establishment, mine, quarry, railroad *or street railway, or telephone, tele­
graph, express, transportation or water company, or in the erection, alteration,
repair or removal of any building or structure, or the construction or repair of
any railroad, street railway, road, bridge, sewer, gas, water or electric-light
works, pipes or lines, and every contractor engaged in the business of grading,
laying out or caring for the grounds surrounding any building or structure,
shall pay weekly each employee engaged in his business, and every person
employing musicians, janitors, porters or watchmen shall pay weekly each
such employee, the wages earned by him to within six days of the date of
said payment if employed for six days in a week or to within seven days of
the date of said payment if employed seven days in the week, or, in the case
of an employee who has worked for a period of less than six days, hereinafter
called a casual employee, shall, within seven days after the termination of
such period, pay the wages earned by such casual employee during such period;
but any employee leaving his employment shall be paid in full on the following
regular pay day; and any employee discharged from such employment shall
be paid in full on the day of his discharge, or in Boston as soon as the laws
requiring pay rolls, bills and accounts to be certified shall have been complied
with; and the Commonwealth, its departments, officers, boards and com­
missions shall so pay every mechanic, workman, and laborer employed by it or
them, and every person employed by it or them in any penal or charitable
institution, and every county and city shall so pay every employee engaged in
its business the wages or salary earned by him, unless such mechanic, work­
man, laborer, or employee requests in writing to be paid in a different manner;
and every town shall so pay each employee in its business if so required
by him; but an employee absent from his regular place of labor at a time
fixed for payment shall be paid thereafter on demand. This section shall
not apply to an employee of a cooperative corporation or association if he
is a stockholder therein unless he requests such corporation to pay him weekly,
nor to casual employees, as hereinbefore defined, employed by the Common­
wealth or by a county, city, or town. The department of public utilities,
after hearing, may exempt any railroad corporation from paying weekly any
of its employees if it appears that such employees prefer less frequent pay­
ments, and that their interests and the interests of the public will not suffer
thereby. No person shall by a special contract with an employee or by any
other means exempt himself from this section or section one hundred and fifty.
Whoever violates this section shall be punished by a fine of not less than ten
nor more than fifty dollars.




80

LAWS RELATING TO THE PAYMENT OP WAGES

S ec. 149. Warrant for violation.— A jqstice or clerk of a district court, or
a trial justice, may upon the application of any employee issue a summons
to an employer to appear and show cause why a warrant should not issue
against him for a violation of the preceding section. Upon the return of
such summons and after a hearing the justice may issue a warrant upon the
complaint of any such employee.
Sec. 150. Complaint for violation.— The department may make complaint
against any person for a violation of section one hundred and forty-eight
within three months after the date thereof. On the trial no defense for fail­
ure to pay as required other than the attachment of sucli wTages by trustee
process, or a valid assignment thereof or a valid set-oft* against the same,
or the absence of the employee from his regular place of labor at the time
of payment, or an actual tender to such employee at the time of payment of
the wages so earned by him, shall be valid. The defendant shall not set up
as a defense a payment of wages after the bringing of the complaint. An
assignment of future wages payable weekly under section one hundred and
forty-eight shall not be valid if made to the person from whom such wages
are to become due or to any person on his behalf, or if made or procured
to be made to another person for the purpose of relieving the employer from
the obligation to pay weekly.
Sec. 151. Payment during work time.— Persons carrying on any manu­
facturing business employing one hundred or more persons shall, on the day
chosen as pay day, pay such of their employees as are on that day working
in the manufacturing establishment, before the close o f the regular working
hours.
Sec. 152. Deductions for tardiness.— There shall not be deducted from the
wages o f an employee in any factory, workshop, manufacturing, mechanical
or mercantile establishment, or from the wages o f a mechanic, workman, or
laborer, on account o f the employee's coming late to work, a sum in excess
o f the proportionate wage which would have been earned during the time
actually lost. W hoever violates this or the preceding section shall be puuished
by a fine o f not more than fifty dollars.
Sec. 153. Fines for imperfect weaving.— No system used by manufacturers
fo r grading the work o f a weaver shall affect or lessen the wages o f the
weaver except for imperfections in his own w ork ; and in no case shall the
wages o f those engaged in weaving be affected by fines or otherwise unless
the imperfections complained o f are first exhibited and pointed out to the
person whose wages are to a ffected; and a fine shall not be imposed
upon any person for im perfect weaving unless this section is first complied
with and the amount o f the fines is agreed upon by both parties.
S ec. 154. Same.— No employer shall impose a fine upon an employee engaged
at weaving for imperfections arising during the process of weaving. Who­
ever violates this or the preceding section shall for the first offense be punished
by a fine of not more than one hundred dollars and for a subsequent offense
by a fine of not more than three hundred dollars.
Sec. 155. Specifications for weavers.— The occupier or manager of every cot­
ton factory shall supply to each person engaged as a weaver in said factory and
paid by the piece, cut, or yard a printed or written ticket with each warp which
shall contain the following specifications as to the work to be done and wages
paid: The number of cuts, the number of yards per cut or piece, the price per
yard, cut or piece, the number of picks per inch and the number of reeds to the
inch. Said occupier or manager shall also supply to each person engaged as a
frame tender a specification of the number of roving and price per hank, and
to each person engaged as a warper or web drawer a specification of the number
of threads in the warp and the rate of compensation, and to each operative
paid by the pound a specification of the price to be paid per pound; said speci­
fication shall be furnished in each case on a printed or written ticket within
three days after said operative begins work.
Sec. 156. Nature of specifications.— The occupier or manager of every textile
factory shall post in every room where any employees work by the job, in
legible writing or printing, and in sufficient numbers to be easily accessible to
such employees, specifications of the character of each kind of work to be done
by them, and the rate of compensation. Such specifications in the case of weav­
ing rooms shall state the intended and maximum length of a cut or piece, the
count per inch of reed, and the number of picks per inch, width of loom, width
of cloth woven in the loom, and the price per cut or piece, or per pound; or, if




TEXT OF LAWS— MASSACHUSETTS

81

payment is made per pick or per yard, the price per pick or per yard; and each
warp shall bear a designating ticket or mark of identification. In roving or
spinning rooms, the number of roving or yarn and the price per hank for each
size machine shall be stated; and each machine shall bear a ticket stating the
number of the roving or yarn made upon it. In spooling rooms the boxes shall
bear a ticket stating the number of pounds the box contains and the price per
pound. The maximum length of a cut or piece shall not exceed its intended
length by more than three per cent; but if it appears that a variation in excess
of the amount hereinbefore set forth has been caused in whole or in part by
any weaver in the employ of any person charged with the violation of this
section, it shall be deemed a sufficient defense to a prosecution. The said speci­
fications shall also contain a detailed schedule of the method of computation
of the price of cotton or silk or mixed cotton and silk weaving to be paid by
the said occupier or manager, and no particular in the specifications shall be
expressed by means of symbols, but every particular shall be sufficiently clear
and complete to enable the operative to determine readily the price payable for
the cut or piece.
[Violation entails a fine of $100 for first offense, $200 for second, and $500
or imprisonment one month, or both, for a subsequent offense.]
Sec. 157. Violations.— [Violations of sec. 155 are punishable, for a first
offense, by a fine, $25 to $50; and for subsequent offenses, $50 to $100. Inter­
fering with an inspector in enforcing secs. 155 and 156 is similarly punishable.]
S ec. 158. Deductions for stoppage of machinery.— Deductions shall not be
made from the wages of women or children paid by the day or hour, and
employed in manufacturing or mechanical establishments, while machinery is
stopped, if said women or children are refused the privilege of leaving the
mill while the damage to said machinery is being repaired; and if they are
detained in their workrooms during such time they shall not be compelled to
make up time lost by such stopping unless compensated therefor at their regu­
lar rates of wages. Whoever violates this section shall be punished by a fine
of not more than $20.
Sec. 159. Notice of discharge.— A person engaged in manufacturing who
requires from his employees, under penalty or forfeiture of a part of the wages
earned by them, a notice of intention to leave such employ shall be liable to
a like forfeiture if, without similar notice, he discharges an employee.
C hapter 159.— Railroad, etc., construction— Wages due "by contractors
Sections 96, 99, 100. Action against railroad.— [Where a debt is due for
labor performed in constructing a railroad or railway under contract with an
authorized person other than the corporation the laborer may file in the office
of the clerk of the city or town a statement on oath of the amount of the debt,
and the person by whom employed. Action may then be brought against the
corporation or company. The right of action is not lost by stating a larger sum
than is due, but no recovery can be had for a larger amount than that named.
Actions must be begun within 60 days after the plaintiff ceased to perform the
labor for which the payment is sought.]
C hapter 198.— Wages as preferred claims— In administration
Section 1. Amount.— [Wages due any clerk, servant, or operative for labor
within a year preceding the death of the employer, not exceeding $100, rank
next after debts given a preference under the laws of the United States, and
public rates, taxes, and excise duties.]
C hapter 216.— Wages as preferred claims—In insolvency
Section 118. Rank.— [Wages as above rank next after costs and legal fees
in proceedings in insolvency, debts due the United States, and debts and taxes
due the Commonwealth or any subdivision thereof.]
C hapter 246.— Exemption of wages from attachment
Section 28. Amounts exempt.— [Wages in amount not exceeding $20 are
exempt from attachment except for necessaries furnished the debtor or his
family, as to which but $10 are exempt.]




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LAWS RELATING TO THE PAYMENT OF WAGES

Sec. 30. Attachment of exempt wages.— [One who willfully causes or aids in
causing exempt wages to be attached in order to delay their payment as
entitled is subject to a fine of not over $50 to the use of the injured person.]
Sec. 32. Absolute exemptions.— [Wages of a defendant’s wife or minor child

may not be attached for his debt; nor may a seaman’s wages be seized, but
fishermen are not included in this exemption.]

MICHIGAN
COMPILED LAWS— 1915
Payment of wages in scrip
S ection 7208. Scrip, etc., to be redeemable in money.— It shall be unlawful
for any corporation to sell, give, deliver or in any manner issue, directly or
indirectly, to any person employed by him or it, in payment of wages due for
labor, or as advances on the wages of labor not due, any scrip, token, order,
or other evidence of indebtedness purporting to be payable or redeemable
otherwise than in money. Any violation of the provisions of this section shall
be punishable by a fine of not less than twenty-five dollars nor more than one
hundred dollars or imprisonment for not more than thirty days or both such
fine and imprisonment in the discretion of the court, and any such scrip, token,
order, or other evidence of indebtness issued in violation of the provisions of
this act, whatever its provisions as to the time or manner of payment shall be,
in legal effect, an instrument for the unconditional payment of money only on
demand, and the amount thereof may be collected in money by an holder thereof
in a civil action against the corporation selling, delivering or in any manner or
for any purpose issuing the same; and such holder may be either the person
to whom such instrument was originally issued or who acquired the same by
purchase and delivery.
Sec. 7209. Evidence.— Any scrip, token, order, or other evidence of indebted­
ness, issued in violation of the provisions of this act, and presented by the
holder thereof, shall be taken as prima facie evidence, in any court of com­
petent jurisdiction, of the guilt or indebtedness of any corporation selling,
giving, delivering or in any manner issuing the same.
Sec. 7210. Who made defendants.— Any person selling, giving, delivering or

in any manner issuing said scrip, token, order, or other evidence of indebtedness
in behalf of any corporation in violation of the provisions of the preceding sec­
tions shall be the defendant to the criminal action, and the corporation shall
be held as defendant to the civil action: Provided, That the provisions of this
act shall not apply, when any employee shall voluntarily request or consent to
receive scrip, tokens or orders upon any person, company or corporation in
payment, or part payment, of wages due, or to become due, to such employee.
Wages as preferred claims— In assignments
S ection 13614. Rank.— [Labor debts entitled to preference under State laws
are to be paid next after taxes and costs.]

Suits for wages— Security for costs not required
Section 14179. Security for costs not required, when.— In any suit brought
to recover for the personal work and labor of the plaintiff, security for costs
shall not be ordered in case the plaintiff shall make and file with the court
an affidavit that he has a good and meritorious cause of action and is unable
to procure security for costs.

Execution on judgments for wages not to be stayed
S ection 14294. Execution forthwith.— * * * In suits to recover for the
personal work and labor of the defendant [plaintiff], or any member of his
family, execution shall, on application of the person in whose favor the judg­
ment was rendered, his agent or attorney, be issued forthwith after the rendi­
tion of the judgment.




TEXT OF LAWS---- MICHIGAN

83

Exemption of wages from garnishment
Section 14365. Amount.— [To a householder who is head of a family, 60
per cent of his employer’s indebtedness for labor, not over $30 and at least $8,
is exempt from garnishment; to one “ not a householder having a family,”
30 per cent of the employer’s indebtedness is exempt; and if the defendant is
not a householder, not over $15 is exempt, though in all cases at least $4 is
exempt.]
Wages as preferred claims— In insolvency
S ection 14622. Ranh.— [In cases of insolvency labor debts take precedence
over all other debts which were not a lien on the estate or some portion thereof
prior to the performance of the labor.]

Forced contributions from employees
Section 15118. Exacting contributions.— It shall be unlawful for any em­
ployer of labor, by himself, his agent, clerk or servant to require any employee,
or person seeking employment, as a condition of such employment, or con­
tinuance therein, to make and enter into any contract, oral or written, whereby
such employee or applicant for employment shall agree to contribute directly
or indirectly to any fund for charitable, social, or beneficial purpose or
purposes.
Sec. 15119. Making deductions from wages.— It shall be unlawful for any
such employer, by himself, his agent, clerk, or servant, to deduct from the
wages of any employee, directly or indirectly, any part thereof without
the full and free consent of such employee, obtained without intimidation or
fear of discharge for* refusal to permit such deduction.
Sec. 15120. Individual liability.— I f the employer be a firm or corporation,
each and every member o f said firm, and each and every managing officer
of the corporation, shall be liable to punishment under this act; and any
clerk, servant, or agent of any such employer who shall do or attempt to do
any act forbidden by this act, shall be equally liable with his employer or
employers as principal, for any such violations of this act.
Sec. 15121. Violations.— [Violations entail fine, $25 to $100, or imprisonment

10 to 90 days.]
ACTS OF 1919
A ct No. 239.— Employment of labor—Equal pay for women
Section. 1. Discrimination forbidden.— Hereafter it shall be unlawful for
any employer of labor in this State, employing both males and females in the
manufacture or 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 manu­
facture or production of any article of like value, workmanship, and production
a less wage, by time or piece work, 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.
Sec. 2. Penalty.— Any person, persons, firm, or corporation violating the pro­
visions of this act shall be deemed guilty of a misdemeanor, and, upon convic­
tion, shall be fined in a sum not exceeding one hundred dollars or by imprison­
ment not exceeding three months, or by both such fine and imprisonment in the
discretion of the court

ACTS OF 1925
A ct No. 62.— Payment of wages
Section 1. Semimonthly pay day.— Every employer of labor in the State of
Michigan, except employers of farm labor, domestic labor and employees of the
State or any subdivision thereof shall, on or before the first day of each cal­
endar month, pay to each employee engaged in his or its employment, the wages
earned during the first half of the preceding calendar month, ending with the
fifteenth day thereof, and on or before the fifteenth day of each calendar month




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LAWS RELATING TO THE PAYM ENT OF WAGES

to each employee the wages earned by him during the last half of the preceding
calendar month: Provided, however, That nothing herein shall be construed to
prohibit the payment of wages oftener than herein provided. Any employee,
leaving his or her employment between the dates of any established pay day
hereunder shall be paid the wages earned and due at the time of leaving, within
three days after a demand lias been made for same. But, any employee, dis­
charged from his or her employment 01* absent from his or her place of employ­
ment on such regular pay day shall be paid the wages earned and due such em­
ployee forthwith as soon as the amount due can with the utmost diligence be
ascertained: Provided, That, unless upon such demand, none of the provisions
of this act shall apply to employees working under contract, where the amount
due can not be ascertained until the termination of the contract, but in all cases
of employees working under contract, the employer shall pay to such employee'
semimonthly wages earned by such employee as nearly as the same can be esti­
mated, and final and complete payment shall be made at the termination of the
contract: Provided f urther, That in the ease of a disagreement between an em­
ployee and an employer regarding the amount of wages due to an employee, the
employer shall be deemed to have complied with the provisions of this act if the
payment of the wages claimed to be correct by the employer is paid to the em­
ployee on the regular pay day on which such wages are due, and in case the
employee proves his claim for more wages due him than has been paid by the
employer, the employer shall pay the additional amount due the employee imme­
diately. The payment of such wages and compensation shall be paid in lawful
money of the United States or by any good and valuable negotiable check or
draft payable on presentation thereof at some bank or established place of busi­
ness without discount, in lawful money of the United States and not otherwise:
Provided, however, That nothing in this act shall be construed as to prohibit a
deduction from the wages or compensation of any employee, any indebtedness
or obligation owed by such employee to the employer, rates or assessments be­
coming due to any hospital association or to any relief, savings or other depart­
ment or association maintained by the employer for the benefit of the em­
ployees.
Sec. 2. Payment in case of death.— In case of the death of any employee,
the employer may pay the wages due to such deceased employee, to the wife,
children, father or mother, sister or brother, (preference being given i»
the order named) of the deceased employee without requiring letters of
administration to be issued upon the estate of said deceased employee, and
if such deceased employee shall not leave a wife, children, father, mother,
sister or brother surviving him, then the employer may pay the wages
due such deceased employee, to the creditors of such deceased employee as
follows: Undertaker, physician, hospital, boarding-house keeper and nurse,
each their pro rata share of wages due such employee, upon a sworn state­
ment of the amount due, without letters of administration being issued.
And the payment of such wages shall be a full discharge and release of the
employer from the wages so due and.paid.
Sec. 3. Attorneys' fees.— Whenever it shall become necessary for the
employee to maintain an action at law, for the recovery or collection of any
wages due as provided for by this act, and when a regularly licensed attorney
is employed, then such judgment in addition to the legal rate of interest and
taxable cost shall include an attorney fee of not less than five dollars nor
more than fifteen dollars in the discretion of the court in favor of the success­
ful party to be taxed as part of the costs in the case.
Sec. 4. Enforcement.— It shall be the duty of the department of labor
and industry to enforce the provisions of this act and upon due notice the
prosecuting attorney of any county in which a violation of this act has
occurred shall prosecute the same according to law.
Sec. 5. Violations.— Any employer, unless prevented by act of God,
proceedings in bankruptcy, or orders or processes of any court of competent
jurisdiction, or circumstances over which such employer has no control,
who shall fail to make payment of the wages due any employee as provided
in this act, shall be guilty of a misdemeanor and upon conviction thereof,
shall be punished by a fine of not to exceed one hundred dollars.
Sec. 6. Provisions severable.— If any section or part of a section of this
act be held invalid for any reason it is hereby declared to be the legislative
intent that the remaining provisions of this act would have been enacted
without such section or part held to be invalid having been included therein.




LAWS RELATING TO THE PAYMENT OP WAGES

85

MINNESOTA
CONSTITUTION
A rticle 1.— Suits for wages— No property exempt
Section 12. No exemption from judgments for wages.— * * * A reason­
able amount of property shall be exempt from seizure or sale for the payment
of any debt or liability. The amount of such exemption shall be determined
by law: Provided, however, That all property so exempted shall be liable to
seizure and sale for any debts incurred to any person for work done or mate­
rials furnished in the construction, repair, or improvement of the same; And
provided further, That such liability to seizure and sale shall also extend to
all real property for any debt incurred to any laborer or servant for labor or
service performed.

GENERAL STATUTES— 1913
Payment of wages for logging— Extension of time
Section 7005. Agreements to be in writing.— Every agreement extending the
time of payment for manual labor, performed or to be performed in cutting,
hauling, banking, or driving logs, beyond the time of the completion of such
labor, shall be void, unless such agreement, expressing the consideration, be
in writing subscribed by the party to be charged therewith, and unless, at the
time of making such agreement or completing such labor, the person for whom
it is to be or has been performed deliver to such laborer his negotiable promis­
sory note for payment of the agreed compensation, wTith interest. Every lien
allowed by law on account of such labor shall pass by the transfer of such note,
and be enforceable by the holder thereof.

Wages as preferred claims— In attachments, etc.
Section 7077. Wages preferred.— [Earnings for six months, not exceeding
$200, prior to an attachment, shall be a lien on all the property of the em­
ployer, preferred to all other liens or claims attaching after the beginning of
the labor, and is not affected by waiver.]
Sec. 7079. Same.— [A similar lien exists “ as against all other creditors,” in
case of death, dissolution, or insolvency.]

Place of suits for wages
Section 7720. Suit to be brought in place of work.— An action for the re­
covery of wages or money due for manual labor may be brought in the county
in which such labor was performed; and when so brought the venue \>f such
action shall not be changed to another county without the written consent of
the plaintiff filed with the court.

Garnishment of wages of public employees
Section 7867 (as amended 1925, ch. 387). Garnishment allowed.— [Wages
of officers or employees of municipal corporations, school districts, etc., are
liable to garnishment except as exempt by law. Such persons have the same
right to sell, assign or transfer their salaries as persons in private employ­
ment. The remainder of the section prescribes procedure.]

Exemption of wages from execution
Section 7951 (as amended 1915, ch. 202). Amount.— [Wages not exceeding
$35 earned within 30 days prior to an attachment, etc., are exempt. The earn­
ings of the debtor’s minor child can not be levied on unless the debt was
incurred for such child’s special benefit.]

Suits for wages— Costs
Section 7975. Costs allowed, when.-—Whenever any person having employed
another to perform any labor or service, shall neglect or refuse for thirty days




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LAWS RELATING TO THE PAYM ENT OP WAGES

after the same is due and payment demanded to pay the agreed price, or the
reasonable value if there be no agreement, and the same shall be recovered by
action, there shall be allowed to the plaintiff, and included in his judgment, in
addition to his disbursements allowed by law, five dollars costs if the judgment
be recovered in a justice court and a like sum if the judgment be recovered in
a municipal court where no statutory costs are now allowed in such municipal
court in such action, and double costs in all other actions wherein costs are
recoverable or on appeal.
Wages as preferred claims— In assignments
Section 8333. Rank.— [Wages of servants, laborers, mechanics and clerks for
3 months preceding any assignment rank next after the costs of the assign­
ment and debts, taxes and assessments owing to the United States or the
State.]
Extortion— Withholding wages
Section 8889. Extortion.— * * * Every person indebted to another for
iabor, or any agent or any person, copartnership, or corporation so indebted,
who, with intent to secure a discount upon such indebtedness, shall willfully
refuse to pay the same, or falsely deny the amount or validity thereof, or that
the same is due; * * * shall be guilty of extortion, and punished by
imprisonment in the State prison for not more than five years.
ACTS OF 1915
C hapter 29 (as amended by chapter 37, Acts of 1915)— Payment of wages—
Semimonthly pay day
Section 1. To whom law applies.— All public service corporations doing busi­
ness within this State are*required to pay their employees at least semi­
monthly, the wages earned by them to within fifteen (15) days of the date of
such payment, unless prevented by inevitable casualty:
Provided, however, That whenever an employee shall be discharged, his
wages shall be paid to him at the time of his discharge or whenever he shall
demand the same thereafter.
Sec. 2. Neglecting to pay.-—Whenever any public service corporation shall
fo r five days neglect or refuse to pay its employees as prescribed by section 1
o f this act, the wages due them may be recovered by action without further
demand, and there shall be allowed to the plaintiff, and included in his ju dg­
ment, in addition to his disbursements allowed by law, five dollars costs if
the judgment be recovered in a justice court, and a like sum if the judgment
be recovered in a municipal court, where no statutory costs are now allowed
in such municipal court in such action, and double costs in all other courts or
on appeal.
Chapter 105.— Payment of wages— Nonpayment by contractors

Section 1. Misuse of funds.— Any contractor or subcontractor on any im­
provement to real estate within the meaning of section 7020, General Statutes
1913, who, with intent to defraud, shall use the proceeds of any payment made
to him on account of such improvement by the owner of such real estate or
l>erson having any improvement made, for any other purpose than the pay­
ment for labor, skill, material and machinery contributed to such improve­
ment, while any such labor performed, or skill, material or machinery fur­
nished for such improvement at the time of such payment remains unpaid for,
shall be guilty of larceny of the proceeds of such payment so used.
ACTS OF 1917
C hapter 348.— Payment* of wages in scrip
Section 1. Orders to be negotiable.— It shall be unlawful for any person,
firm, or corporation other than public-service corporations to issue to any em­
ployee in lieu of or in payment of any salary or wages earned by such em­
ployee, a nonnegotiable time check or order.
Any person, firm, or corporation




TEXT OF LAWS---- MINNESOTA

87

so issuing a nonnegotiable instrument in lieu of or in payment of such salary
or wages earned, shall be guilty of a misdemeanor.
ACTS OF 1919
Chapter 175.— Payment of wages due at end of employment
Section 1. Discharged employees--Whenever any person, firm, company, as­
sociation, or corporation employing labor within this State discharges a servant
or employee frem his employment, the wages actually earned and unpaid at
the time of such discharge shall become immediately due and payable, upon
demand of such employee, at the usual place of payment, and if not paid
within twenty-four hours after such demand, whether such employment was
by the day, hour, week, month, or piece, such discharged employee may charge
and collect wages at the rate agreed upon in the contract of employment,
for such period, not exceeding fifteen days (after the expiration of said
twenty-four hours) and the employer is in default, until full payment or other
settlement satisfactory to said discharged employee, is made.
Sec. 2. Employees leaving employment.— Whenever any such employee (not
having a contract for a definite period of service) quits or resigns his employ­
ment, the wages earned and unpaid at the time of such quitting or resignation
shall become due and payable within five days thereafter, at the usual place of
payment, and any such employer failing or refusing to pay such wages, after
they so become due, upon the demand of such employee at such place of pay­
ment, shall be liable to such employee from the date of such demand for an
additional sum equal to the wages provided in said contract of employment,
for every day (not, however, exceeding fifteen days in all), until such pay­
ment or other settlement satisfactory to said employee, is made: Provided,
That if any employee having such a contract as is above defined, gives not less
than five days’ written notice to his employer of his intention to quit such em­
ployment, the wages of the employee giving such notice shall become due at
the usual place of payment twenty-four hours after he so quits or resigns, and
payment thereof may be demanded accordingly, and the penalty herein pro­
vided shall apply in such case from the date of such demand: Provided further,
That if the employer disputes the amount of wages claimed by such employee
under the provisions of this, or the preceding section, and the employer in such
case makes a legal tender of the amount which he in good faith claims to be
due, he shall not be liable for any sum greater than the amount so tendered
and interest thereon at the legal rate, unless, in an action brought in a court
having jurisdiction, such employee recovers a greater sum than the amount so
tendered with such interest thereon; and if, in such suit, said employee fails
to recover a greater sum than that so tendered with such interest as afore­
said, he shall pay the cost of such suit; otherwise the cost thereof shall be
paid by said employer: Provided further, That in case where such discharged
or quitting employee was during his employment intrusted with the collection,
disbursement, or handling of money or property, the employer shall have ten
secular days after the termination of the employment, to audit and adjust the
accounts of such employee before his or her wages shall become due and pay­
able, and the penalty herein provided shall apply in such case only from the
date of demand made after the expiration of such period allowed for such
audit and adjustment; and if, upon such audit and adjustment of said accounts
of such employee, it is found that any money or property intrusted to him by
his employer has not been properly accounted for or paid over to the em­
ployer, as provided by the terms of the contract of employment, such employee
shall not be entitled to the benefit of this act, but the claim for earned and
unpaid wages of such employee, if any, shall be disposed of as provided by
existing law.
Sec. 3. Absent, etc,, employees.— No such servant or employee who secretes
or absents himself to avoid payment to him, or refuses to receive the same
when fully tendered, shall be entitled to any benefit under this act for such
time as he so avoids payment: Provided, When any number of employees enter
upon a strike, the wages due such striking employees at the time of entering
upon such strike shall not become due until the next regular pay day after
the commencement of such strike.
Sec. 4. Exceptions.— This act shall not be construed to apply to any person
employed exclusively as a farm laborer, nor to any employer or an individual,




88

LAWS RELATING TO THE PAYMENT OP WAGES

copartnership, or corporation that is bankrupt, or where a receiver or trustee
is acting under the direction of the court. Payment or tender by check drawn
on a bank situated in the county where a laborer is employed shall be a suffi­
cient payment or tender to comply with the provisions of this act.
Sec. 5. Costs.— In any action by any such employee as is described in this
act, for the recovery of unpaid wages after the time when such wages shall
have become due, as herein provided, there shall be allowed to the plaintiff,
and included in any judgment rendered in his favor, in addition to his dis­
bursement allowed by law, if the judgment be recovered in a justice court, five
dollars cost, and a like sum if the judgment be recovered in a municipal court
and such plaintiff shall be allowed double statutory costs in any such action
in any court in which statutory costs are now allowed by law in ordinary
actions.
C hapter 388.— Accident, etc., insurance— Deductions from wages of employees
Section 1. License required.— From and after the first day of July, 1919,
no employer shall, by agreement with his employees or otherwise, make de­
ductions from their wages for the purpose of furnishing them with medical
or hospital care, accident, sickness, or old age insurance or benefits, either
directly or through a mutual association, unless he has first received from the
commissioner of insurance of this State a license for the benefit plan he oper­
ates or proposes to operate. Such license shall be granted by the commissioner
of insurance only when he is satisfied that the benefits given are commensurate
with the charges made, and that the said charges are sufficient to keep the
fund solvent. All such licenses shall be for the period of one year and it shall
be proper for the commissioner to require a statement of the operation of the
fund, on a form to be prescribed by him before granting a renewal. The fee
for any license granted under this act shall be one dollar ($1) and the fee for
filing the annual statement one dollar ($1) : Provided, That in any case before
granting a license the commissioner of insurance shall submit the proposed
plan to the commissioner of labor and industries in order that he may deter­
mine whether the benefits are in conjunction with benefits under the workmen’s
compensation act and take such action as is required by section 8227, General
Statute of 1913, as amended by section 15, chapter 209, General Laws of 1915
[relating to the insurance of risks by employers under the compensation act].
Sec. 2. Violations.— Any person, firm, corporation, or association that makes
deductions from the wages of his, their, or its employees in violation of section
1 of this act shall be deemed guilty of a misdemeanor: Provided, That this
act shall not apply to railroad companies engaged in interstate commerce.

MISSISSIPPI
CODE OF 1900
Payment of xoages due deceased employees
Section 2133 (as amended 1920, ch. 304). Amount of wages.— When any
person, male or female, shall die leaving wages due him [or her] to an
amount not exceeding three hundred dollars, it shall be lawful for the
debtor after sixty days to pay said wages to the wife or husband, as the
case may be, of said deceased creditor, if he or she leaves a wife or husband, as
the case may be, surviving him or her; and if he or she shall leave no wife or
husband, as the case may be surviving him or her, then to his or her children,
if adults; and if he or she shall leave no children and no wife or husband
surviving him or her, then to his or her mother, and if [he or she] shall leave
no wife or husband or children or mother surviving him or her, then to his or her
father; and if he or she shall leave no wife or children or husband or mother
or father surviving him or her, then to his or her brothers and sisters, if adults;
and if such creditor shall have left no wife, husband, or children nor brothers
nor sisters, nor father nor mother surviving him-or her, or if any of his or
her children surviving him or her shall be minors, or if any of his or her brothers
or sisters surviving him or her entitled to inherit shall be minors, then it shall
be lawful for said debtor to pay said wages to the chancery clerk of the county
in which said creditor resided at the time of his or her death, or of the county
where he or she died.




TEXT OF LAWS---- MISSISSIPPI

89

(The following sections 2 and 3 of chapter 3041, Acts of 1920, refer to the
foregoing section 2133:]
Sec. 2. Suits.— After the sixty days referred to in section one of this act have
passed the parties hereinbefore designated as being the person to whom the
wages so due the deceased creditor may be paid shall have the right, if they
be adults, to maintain a suit to recover the amount due the deceased creditor;
and when the party or parties entitled to receive said amounts are minors,
suit may be brought and maintained for them, by and in the name of the chan­
cery clerk who is entitled to receive same.
Sec. 3. Exemptions.— This act shall not apply in cases where the estate of
deceased creditors is administered upon.
Sec. 2134. Distribution.— [Where the wages are paid to the chancery clerk
as above provided, distribution thereof is to be made to adult next of kin, and
a report made to the court of the minors entitled to shares, to whom payment
is to be made under orders of the court.]
Exemption of wages from garnishment
Section. 2139. Amount exempt.— [Wages due the head of a family, to the
amount of $50 per month, are exempt from garnishment or other legal process
except for debts or judgments for board or lodging.]
ACTS OF 1914
C hapter 138.— Payment of wages— Discounting checks, etc.

Section 1. Discounting prohibited.— Every person, company, association,
partnership, manufacturing company or railroad company now existing or
hereafter organized in this State, engaged in employing labor for manufactur­
ing purposes, or any railroad within this State shall be prohibited from dis­
counting any trade check, coupons or other written instrument issued for the
payment of such labor, and it shall be unlawful for any person, partnership,
corporation or trade establishment purchasing said trade cheeks, coupons, or
other instruments issued for the payment of such labor to discount the same,
and any person, partnership, corporation, trade establishment purchasing the
same at a discount, or any company, corporation, railroad, or other person
issuing said checks, coupons or other written instruments, and who shall dis­
count the same in settlement with the employees shall be guilty of a mis­
demeanor, and upon conviction thereof shall be fined not less than ten dollars,
and not more than fifty dollars for each offense.
Sec. 2. Scrip to be redeemed.— All persons, firms, corporations engaged in
manufacturing, issuing trade checks, coupons or other instruments of writing
in payment for labor, shall on or after the regular pay day cash said check,
or checks, so issued at their face value less any amount that may be due by
the party to whom issued, and any such person, firm, corporation so engaged
in manufacturing, failing to settle such claim as herein required, shall be
liable to pay to the holder thereof twenty-five per cent on the face of said
check as damages in the event any suit or action shall be brought to enforce
the payment thereof: Provided, That this section shall only apply when the
amount claimed is one hundred dollars or less.
C hapter 166.— Payment of wages— Semimonthly pay day

Section 1. (as amended 1916, ch. 241). Application of law.— Every corpora­
tion, company, association, partnership, and individual person engaged in
manufacturing of any kind in this State, employing as many as fifty or more
employees, and employing public labor, and every public service corporation
doing business in this State shall be required, to make full payment to em­
ployees for services performed as often as once every two weeks or twice
during each calendar month, or on the second and fourth Saturday, respect­
ively, of each month, and such payment or settlement shall include all amounts
due for labor or services performed up to not more than ten days previous to
the time of payment, except that public service corporations shall not be re­
quired to make payment for labor or services performed up to more than fifteen
days prior to the time of payment.
Sec. 2. Violations.— [Violations are punishable by fines, $25 to $250, each
day’s violation against each employee being a separate offense.]




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LAWS RELATING TO THE PAYMENT OF WAGES

MISSOURI
REVISED STATUTES— 1919
Wages preferred— In administration
Section 181. Rank.— [Wage debts rank with expenses of last sickness after
funeral expenses.]

Exemption of wages— Suits— Preferences
Section 1614. Amount exempt.— [Salaries and wages of the head of a family,
except ten per cent thereof, are exempt from execution.]
Sec. 1618. Wage debts.— [No property is exempt from seizure under execution
for personal services of blacksmiths, house servants or common laborers, not
exceeding $90 in amount.]
Sec. 1619. Preference in receiver ships, etc.— [Wage debts owing to laborers
or servants, not exceeding $100 in amount, earned within 6 months preceding
the seizure of the debtor’s property, are to be paid first in full in cases of sus­
pension of business by action of creditors, or of receiverships, after paying
costs.]
Sec. 1T43. When wages may be attached.— ["Property and wages exempt by
law may not be attached except in the case of nonresident defendants or de­
fendants leaving the State.]
Sec. 1848. Garnishment.— [Employers can not be charged as garnishees for
more than ten per cent of the earnings of an employee during the 30 days
preceding, if the employee is the head of a family and a resident of the
State.]
Secs. 1860, 1861. Railroad employees.— [No garnishment will issue against a
railroad company on account of a wage debt of $200 or less due an employee
until after judgment, nor need the company answer interrogatories before the
recovery of final judgment. This does not apply where the debt or claim sued
for was contracted or accrued within the State, and the creditor is also a
resident.]
Sec. 1874. Service.— [Wages may not be attached or garnished except after
personal service on the defendant, unless the suit is brought in the county
(or city of over 100,000 inhabitants) in which the defendant resides or the
debt was contracted.]
Sec. 1875. Other States.— [Wages earned and payable outside the State are
exempt where the cause of action arose outside the State unless the defend­
ant is personally served with process.]

Assignments of wages
Section 2171. Requisites.— All assignments of wages, salaries, or earnings
must be in writing, with the correct date of the assignment and the amount
assigned and the name or names of the party or parties owing the wages,
salaries, and earnings so assigned; and all assignments of wages, salaries, and
earnings, not earned at the time the assignment is made, shall be null and void.

Payment of wages— Semimonthly pay day
Section 6775. Semimonthly pay day.— The employees of the operators of all
manufactories, including plate glass manufactories, operated within this State
shall be regularly paid in full of all wages due them at least once in every
fifteen days, in lawful money, and at no pay day shall there be withheld from
the earnings of any employee any sum to exceed the amount due him for his
labor for five days next preceding any such pay day. Any such operator who
fails and refuses to pay his employees, their agents, assigns or anyone duly
authorized to collect such wages, as in this section provided, shall become im­
mediately liable to any such employee, his agents or assigns for an amount
double the sum due such employee at the time of such failure to pay the wages
due, to be recovered by civil action in any court of competent jurisdiction with­
in this State, and no employee, within the meaning of this section, shall be
deemed to have waived any right accruing to him under this section by any
contract he may make contrary to the provisions hereof.




TEXT OP LAWS---- MISSOURI

91

Payment of wages of railroad employees
S ections 6778-6780. Monthly payment.— [All persons or corporations engaged
in the operation of railroads or railroad shops are required to pay wages
monthly, on or before the 15th day of the month following that in which the
wages were earned.] (See secs. 9802, 9803.)

Semimonthly pay day— Mines and quarries
Section 7463. Scope of law.-— [Persons and corporations engaged in operating
mines and quarries must pay wages once in every 15 days, no wages due to
be withheld, except that mine operators may withhold hot to exceed five days’
pay. Noncompliance makes the offender liable in double the amount due as
wages.]
Recovery of wages, etc., due from counties
Section 9507. Claims for work and labor.— If a claim against a county be
for work and labor done, or material furnished in good faith by the claimant,
under contract with the county authorities, or with any agent of the county
lawfully authorized, the claimant, if he shall have fulfilled his contract, shall
be entitled to recover the just value of such work, labor, and material, though
such authorities or agent may not, in making such contract, have pursued the
form of proceedings prescribed by law.

Payment of wages of employees of corporations
Section 9779. Wages a prior claim.— All corporations shall make payment to
their employees and other operatives, of wages due for all labor and services
performed by them, within three months next preceding a demand made there­
for, not exceeding one hundred dollars, in preference to any other claim, debts,
or demands whatsoever, not secured by specific liens on property; and such
priority of payment may be enforced by civil action. Payment of wages shall
be made on or before the fifteenth day of each month for the full amount of all
wages earned previous to the first day of that month, with interest at six per
centum. If not paid, to be added to the amount of said wages when paid or
recovered by suit. All debts due employees or operatives for wages of their
labor shall have priority of payment from the money and assets of the cor­
porations in the hands of officers or agents, or any receiver or assignee, over
every other claim not specifically secured. Every corporation, officer, agent,
receiver, assignee, or person holding money or assets, refusing to recognize the
priority of employees’ claims, shall be liable to such employees for the amount
of all loss and damages occasioned by his unlawfully withholding the money.

Contracts of employment— Reducing wages
Section 9782. Notice of reduction of wages.— Any railway, mining, express,
telegraph, manufacturing, or other company or corporation doing business in
This State, and desiring to reduce the wages of its employees or any of them,

shall give to the employees to be affected thereby thirty days’ notice thereof.
Sec. 9783. How notice may be given.— Such notice may be given by posting a
written or printed handbill, specifying the class of employees whose wages are
to be reduced and the amount of the reduction, in a conspicuous place in or
about the shops, station, office, depot, or other place where said employees may
be at work, or by mailing each employee a copy of said notice or handbill, and
such company or corporation violating any of the provisions of the preceding
section shall forfeit and pay each party affected thereby the sum of fifty dol­
lars, to be recovered by civil action in the name of the injured party, with
costs, before any court of competent jurisdiction.

Payment of wages
Section 9802. Wages to be paid semimonthly.— All corporations doing busi­
ness in this State, which shall employ any mechanics, laborers, or other
servants, shall pay the wages of such employees as often as semimonthly.
Sec. 9803. Violations.— Any corporation violating section 9802 of this article
shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be
fined in any sum not less than fifty dollars, nor more than five hundred
dollars, for each offense.




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LAWS RELATING TO THE PAYM ENT OF WAGES

Sec. 9804. Wages due on discharge.— Whenever any corporation doing b u s i­
ness in this State shall discharge, with or without cause, or refuse to further*
employ any servant or employee thereof, the unpaid wages of any such servant
or employee then earned at the contract rate, without abatement or deduction,
shall be and become due and payable on the day of such discharge or refusal
to longer employ; and such servant or employee may request in writing of his
foreman or the keeper of his time to have the money due him, or a valid check
therefor, sent to any station or office where a regular agent is kept; and if the
money aforesaid, or a valid check therefor, does not reach such station or office
within seven days from the date it is so requested, then as a penalty for such
nonpayment the wages of such servant or employee shall continue from the
date of the discharge or refusal to further employ, at the same rate until paid:
Provided, Such wages shall not continue more than sixty days, unless an
action therefor shall be commenced within that time.
Sec. 9805. Avoiding payment.— No such servant or employee who secretes or
absents himself to avoid payment to him, or refuses to receive the same when
fully tendered, shall be entitled to any benefit under this law for such time as
he so avoids payment.
S ec. 9806. Discharge.— Any such servant or employee whose employment is
for a definite period of time, and who is discharged without cause before the
expiration of such time, may, in addition to the penalty prescribed by this
law, have an action against any such employer for any damages he may have
sustained by reason of such wrongful discharge, and such action may be joined
with an action for unpaid wages and penalty.

MONTANA
REVISED CODE 1921
Payment of wages
S ection 3084. Semimonthly pay day.— Every employer of labor (except agri­

cultural labor), whether a person, copartnership, or corporation, in the State
of Montana, shall pay to his employee the wages earned each and every fifteen
days in lawful money of the United States, or checks on banks convertible into
cash on demand full face values thereof, and all such wages shall be due and
payable, and shall be paid by such persons, copartnership, or corporation not
later than the fifth and twentieth day of each calendar month for all such
wages earned up to and within five days of the date of such payment: Pro­
vided, however, That if at such time of payment any employee shall be absent
from the regular place of labor, he shall be entitled to such payment at any
time thereafter: Provided further, That this act shall not affect any person,
copartnership, «r corporation, foreign or domestic, who shall have already es­
tablished, and shall continue to maintain, a semimonthly or weekly pay day.
S e c . 3085. Failure to pay.— Whenever any employer, whether a person, co­
partnership, or corporation, fails to pay any of his employees, as provided in
the preceding section, then a penalty shall attach to such person, copartnership,
or corporation, and become due such employees as follows: A sum equivalent
to a penalty of five per cent of the wages due and not paid, as herein provided,
as liquidated damages, and such penalty shall attach and suit may be brought
in any court of competent jurisdiction to recover the same and the wages due.
Sec. 3086. Discharged employees.— Whenever any employee is discharged
from the employ of any such person, copartnership, or corporation, except
agricultural, on leaving said employment, then all the unpaid wages of such
employees shall immediately become due and payable on demand, and if such
person, copartnership, or corporation fails to pay any such discharged em­
ployee, within twenty-four hours after such discharge and demand, all the
wages due and payable to him, then the same penalty of five per cent shall
attach to said person, copartnership, or corporation, and become due such em­
ployee as provided in the preceding section: Provided, however, That if the
employer shall, within the period herein specified, tender in money to such
discharged employee, the full amount of the wages lawfully due such employee,
the penalty herein provided shall not attach.
Sec. 3087. Penalties.— Any employee may recover all such penalties as are
provided for the violation of section 3085 of this code, which have accrued to
him, at any time within six months succeeding such default or delay in the
payment of such wages.




TEXT OF LAWS---- MONTANA

93

Sec. 3088. Waivers unlaxoful.— Any contract or agreement made between any
person, copartnership, or corporation and any parties in his, its, or their em­
ploy, whose provision shall be in violation, evasion, or circumvention of this act,
shall be unlawful and void; but such employee may sue to recover his wages
earned, together with such five per cent penalty, or separately to recover the
penalty, if the wages have been paid.
Sec. 3089. Attorneys' fees.— Whenever it shall become necessary for the em­
ployee to enter or maintain a suit at law for the recovery or collection of wages
due, as provided for by this act, then such judgment shall include a reasonable
attorney’s fee in favor of the successful party, to be taxed as part of the costs
in the case.

Employment of females— Equal pay for equal work
Section 3090. Discrimination forbidden.— It shall be unlawful for any person,
firm, State, county, muncipal, or school district, public or private corporation,
to employ any woman or women in any occupation or calling within the State
of Montana 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.
Sec. 3091. Violations.— [Violations are punishable by fine, $25 to $500 for
each oli'ense.]
Contract of employment
Section 7792. Forfeiture of wages.— An employee dismissed by his employer
for good cause i.s not entitled to any compensation for services rendered since
the last day upon which a payment became due to him under the contract.
S ec. 7793. Proportionate compensation.— An employee who quits the service
of his employer for good cause is entitled to such proportion of the compensa­
tion which would become due in case of full performance as the services which
he has already rendered bear to the services which he was to render as full
performance.
Sec. 7790. Monthly term presumed.— In the absence of any agreement or
custom as to the term of service, the time of payment, or rate or value of
wages, a servant is presumed to be hired by the month, at a monthly rate
of reasonable wages, to be paid when the service is performed.

Wages as preferred claims— In assignments, etc.
Section 8351. Assignment.— [Wages of miners, mechanics, salesmen, serv­
ants, clerks, or laborers to the amount of $200 each, earned within the 60
days preceding, are to be paid before all other claims against an assignor or
insolvent person.]
Sec. 8352. Attorneys’ fees.— [A reasonable attorney’s fee is to be allowed
claimants if the claim is established, or the defendant if it fails.]
Sec. 8353. Administration.— [The same rights as in sec. 8351 are allowed in

case of the death of an employer, subject to funeral expenses, expenses of last
sickness, costs of administration, and the allowance to the widow and infant
children.]
Secs. 8354-8356. Attachments, etc.— [In case of executions, attachments,
etc., except for wage debts, the claims of laborers, etc., as above are a prior
claim on assets, to the amount of $200 each, earned within 60 days preceding
the levy.]
Sec. 8358. Prior mortgages.— [All the foregoing provisions are subject to
prior existing encumbrances.]
Sec. 8616. Assignments.— [Same as sec. 8351, but includes associations, cor­

porations, etc., as well as persons.]
Exemption of wages
Section 9429. Amount.— [The earnings of a judgment debtor for 45 days
prior to the levy are exempt from execution on a showing that they are neces­
sary for the support of a dependent family; but if the debt was incurred for
necessaries, one-half such earnings are subject to execution.]

76982°— 26------ 7




94

LAWS RELATING TO THE PAYM ENT OF WAGES

Attorneys’ fees in suits for wages
Section 9800. Fee allowed.— [A reasonable attorney’s fee is to be allowed if
a claimant establishes a wage claim as provided in section 8351.]
Contracts of employment
Section 11223. Coercion forbidden.— It shall be unlawful for any person, firm,
company, or corporation now operating or who shall hereafter operate a
boarding house in connection with their general business, either directly or
through others, to compel an employee to board in such boarding house against
his will.
Sec. 11224. Penalty.— Any person, firm, company, or corporation violating any
of the provisions of this act shall be deemed guilty of a misdemeanor, and
upon conviction thereof shall be fined not less than one hundred dollars.
Sec. 11403. Wage debts.— Every person, company, or corporation indebted to

another person for labor, or any agent of any person, copartnership, or cor­
poration so indebted, who shall, with intent to secure from such other person a
discount upon the payment of such indebtedness, willfully refuse to pay the
same, or falsely deny the same, or the amount or validity thereof, or that the
same is due, is guilty of a misdemeanor: Provided, however, That nothing
herein contained shall prohibit any employer from fixing regular pay days for
the payment of wages or salary earned in the calendar month immediately pre­
ceding such pay days, except in cases where the employee is discharged.

NEBRASKA
COMPILED STATUTES— 1922
Wages as preferred claims— In assignments
Section 246. Amount.— [Debts for clerks’ or servants’ wages in an amount
not exceeding $100 may be paid or secured without being subject to the laws
governing the property of assignments generally.]

Suits for wages— Homesteads not exempt
Section 2818. Exception.— The homestead is subject to execution or forced

sale in satisfaction of judgments obtained:
First. On debts secured by mechanics’, laborers’, or vendors’ liens upon the
premises; * * *
Railroads— Semimonthly pay days
Section 5389. Pay days established.— Every railroad company author­
ized to do business by the laws of the State of Nebraska shall, on or before
the first day of each month pay the employees thereof the wages earned by
them during the first half of the preceding month, ending with the fifteenth
day thereof, and on or before the fifteenth day of each month pay the em­
ployees thereof the wages earned by them during the last half of the preced­
ing calendar month: Provided, hoivever, That if at any time of payment any
employee shall be absent from his or her regular place of labor and shall not
receive his or her wages through a duly authorized representative, he or
she shall be entitled to said payment at any time thereafter upon demand
upon the proper paymaster at the place where such wages are usually paid
and at the place where the next pay is due; any such railroad company which
shall violate any of the provisions of this act shall forfeit and pay the sum of
$25 for each violation of this act which shall be proved, to be recovered in
any court of competent jurisdiction by any person who shall sue for the same;
one half of said penalty to go to said person so suing therefor, and the
other half to go to the State: Provided further, Complaint of such violation
be made within sixty days from the date such wages become payable, accord­
ing to the tenor of this act.
S ec. 5390. Agreements f(yrbidden.— It shall not be lawful for any railroad
company to enter into or make any agreement with any employee for the pay­
ment of wages of any such employee otherwise than as provided in section
one of this act, except it be to pay such wages at shorter intervals than here­




TEXT OF LAWS---- NEVADA

95

in provided. Every agreement made in violation of this act shall be deemed
to be null and void, and it shall not be a defense to the suit for a penalty pro­
vided for in section one of this act; and each and every employee with whom
any agreement in violation of this act shall be made by such railroad com­
pany shall have his or her action and right of action against such railroad
company for the full amount of his or her wages in any court of competent
jurisdiction of this State.
Suits for wages— Exemptions
Section 9040. No exemption, when.— [No property is exempt from execu­
tion, etc., for wages of clerks, laborers, or mechanics.]
S ec. 9041. Wages.— [Wages of heads of families in hands of employer are
exempt from garnishment, etc., to extent of 90 per cent thereof, unless the
debtor is about to abscond or leave the State.]
Sec. 9043. Avoiding exemption law.— [Assigning or transferring accounts
against a laborer, etc., or instituting or prosecuting a claim against him seek­
ing to seize wages earned 60 days prior to the proceedings, with the intent of
avoiding the effect of the exemption laws, is forbidden.]
Sec. 9056. Amount exempt.— [The earnings of a judgment debtor for 3
months prior to the order for execution are exempt therefrom if it appears
that they are necessary for the support of a family.]

NEVADA
REVISED LAWS— 1912, 1919
Wages as preferred claims— In bankruptcy
Section 606. Wages preferred.— [Wages due workmen, clerks or servants,
earned within 3 months before the commencement of proceedings, not over
$300 to each, are payable next after costs of preserving the estate, filing fees,
and costs of administration, allowing but one attorney’s fee.]
Sec. 1187. Lien in bankruptcy.— [Employees have a lien on the assets of an
insolvent or otherwise dissolved corporation, for two months’ wages, to be
paid prior to any other debt; but this does not apply to any of the officers.]

Payment of wages in scrip
Section 1939. Orders, etc., to be negotiable.— No person or corporation en­
gaged in any business or enterprise of any kind in this State shall issue in pay­
ment or as evidence of any indebtedness for wages due an employee any order,
check, memorandum, or other acknowledgment of indebtedness unless the same
is a negotiable instrument payable without discount in cash on demand at some
bank or other established place of business: Provided, however, That nothing
herein contained shall in any way limit or interfere with the right of any such
employee, by agreement, to accept from any such person or corporation, as an
evidence or acknowledgment of indebtedness for wages due him, a negotiable
instrument payable at some future date with interest.
Sec. 1940. Penalty.— Any violation of this act [secs. 1939-1940] shall be a
misdemeanor or [and] punishable by a fine of not exceeding $500.

Forced contributions from employees
S ection 1943. Fees not to be collected, when.— It is hereby made unlawful
for any person or persons, contractor or contractors, firm, company, corpora­
tion, or association, or the managing agent of any person or persons, contractor
or contractors, firm, company, corporation, or association, to collect, demand,
force, compel, Or require, either monthly, annually, or for any other period
of time, any sum of money for hospital fees from any person or laborer at
any place in* this State where no convenient, comfortable, and well-equipped
hospital is maintained at some town or place for the accommodation, relief, and
treatment of persons in his or their employ, and from whom hospital fees are
collected: Provided, That any person or persons, contractor or contractors, firm,
company, corporation, or association, or the managing agent of same, may care
for, or cause to be cared for, any person in his or their employ from whom
hospital fees are collected at any private or public hospital, sanitarium, or




96

LAWS RELATING TO THE PAYMENT OF WAGES

other convenient and comfortable place without expense to the person or patient
from whom hospital fees are collected : And provided further, The distance
and facilities for the comfort and conveyance of any patient come within the
intent and meaning of section two of this act [sec. 1044].
S ec. 1944. Definitions.— For the purpose of this act [secs. 1943-1945] the

words “ town or place,” mentioned in section one of this act [sec. 1943], shall
be construed to mean any town, headquarters, or place, at which town, head­
quarters, or place, and tributary places, sufficient hospital fees are collected to
maintain a hospital in keeping with the hospital fees collected, and the words
“ distance and facilities for the comfort and conveyance of any patient,” men­
tioned in section one of this act [sec. 1943], shall be construed to mean the
nearest hospital and most comfortable means of conveyance at hand or that
can be procured in a reasonable time: Provided, That if at the nearest hos­
pital the proper medical treatment can not be secured, then it shall not be a
misdemeanor to take any person or patient a greater distance or to another
hospital.
Sec. 1945. Violations.— [Violations are punishable by fines, not less than $200
nor more than $500, or by imprisonment not less than 100 days nor more than
250 days? or both.]
Exemption of wages from execution
Section 5288. Exemption of wages.— [Earnings of a judgment debtor for 30
days prior to the attachment, etc., are exempt if required for the support of his
family resident in the State; but if the debt is for the common necessaries of
life, or if the debtor has no family in the State, one-lialf such earnings may be
seized.]
Wages as preferred claims— In assignments, etc.
S ection 5493. Assignments.— [Where the property of an insolvent employer
is assigned, debts owing miners, mechanics, salesmen, servants, clerks or labor­
ers are preferred claims for wages earned within 90 days prior to the assign­
ment, not exceeding $200 each.]
Sec. 5494. Executions, etc.— [Where the property of an employer is taken on
execution, attachment, etc., wages as above are preferred, subject to homestead
claims or prior mortgages or liens.]

Wages as preferred claims— In administration
S ection 6145. Wages preferred.— [Earnings for 90 days next preceding the
death of an employer rank next after funeral expenses, costs of administration,
and the allowance to the widow and infant children.]

Payment of wages— Discounting
S ection 678S. Discounting time cheeks.— Whenever any person or persons,
firm, corporation, or association whether acting as principal or agent, contractor
or subcontractor, shall hire or employ any other person or persons, for the per­
formance of any labor, or service, and shall issue to such person or persons time
checks for the labor or service performed, it shall be unlawful for the person
or persons, firm, corporation, or association, issuing such time checks to discount
the same or deduct therefrom any portion of the same as such discount.
S ec. 6789. Violations.— [Fines of from $50 to $300, or imprisonment 80 days
to 6 months, or both, are penalties for violations.]
Sec. 6790. Application of law.— Nothing in the two next preceding sections
shall apply to persons, firms, associations, or corporations, making discounts,
deductions or pro rata payments in the course of bankruptcy or insolvency pro­
ceedings, or in the settlement of the estates of deceased persons.

Protection of employees as traders, etc.
S ection 6791. Coercion as to trading or boarding.— Any person or persons,
employer, company, corporation, or association, or the managing agent of any
person or persons, employer, company, corporation, or association, doing or
conducting business in this State, who by coercion, intimidation, threats, or un­
due influence, compels or induces his or her employees to trade at any particu­




TEXT OP LAWS---- HEVADA

97

lar store, or board at any particular boarding house, in this State, shall be
deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in
any sum not less than fifty dollars nor more than two hundred dollars, or by
imprisonment in the county jail for a period of not less than thirty days, nor
more than one hundred days, or by both such fine and imprisonment.
REVISED LAWS— VOL. 3— 1919
Payment of wages— Semimonthly pay day
(Page 2775.

Acts 1919, ch. 71)

Section 1. Payment prescribed.— All wages or compensation of employees
in private employments shall be due and payable semimonthly, that is to say,
all such wages or compensation earned and unpaid prior to the first day of
any month, shall be due and payable not later than the fifteenth day of the
month following that in which such wages or compensation were earned; and
all wages or compensation earned and unpaid prior to the sixteenth day of any
month shall be due and payable not later than the last day of the same month;
but nothing contained herein shall be construed as prohibiting the contracting
for the payment or of the payment of wages at more frequent periods than
semimonthly.
Every agreement made in violation of this section, except as
hereinafter provided, shall be null and void; except any employee shall be
entitled to payment of such wages or compensation for the period during
which the same were earned.
The words “ private employments,” used in this act, shall mean all employ­
ments other than those under the direction, management, supervision, and
control of this State or any county, city, or town therein, or any office or de­
partment thereof.
Sec. 2. Termination of employment.— Whenever an employer discharges an
employee, the wages and compensation earned and unpaid at the time of such
discharge shall become due and payable immediately; but whenever an em­
ployee resigns or quits his employment, the wages and compensation earned
and unpaid at the time of such resignation or quitting, shall be paid within
twenty-four hours after a demand therefor.
Should any employer fail to pay within three (3) days after the same shall
become due and payable, under the provisions of this act, any wages or com­
pensation, without deduction, of any employee, who is discharged from or who
resigns or quits his employment, then as a penalty for such nonpayment of
such wages or compensation, the same shall continue from the date of the
cessation of employment at the same rate until paid: Provided, In no case
shall such wages or compensation continue for more than thirty (30) days:
And provided further, Any employee who secretes or absents himself to avoid
payment of such wages or compensation, or refuses to accept the same when
fully tendered to him, shall not be entitled to the payment thereof for such
time as he so secretes or absents himself to avoid such payment.
Sec. 3. Notices.— Every employer shall establish and maintain regular pay
days as herein provided and shall post and maintain posted notices printed in
plain type or written in plain script in at least two (2) conspicuous places
where such notices can be seen by the employees, setting forth the regular pay
days as herein prescribed and place of payment, which shall be within the
justice court precinct in which such services were performed.

In case an employee shall be absent at the time and place of the payment
of such wages or compensation, due and payable as herein prescribed, provided
he does not secrete or absent himself to avoid such payment as aforesaid,
he shall be paid the same within five (5) days after making written demand
therefor.
The payment of such wages or compensation shall be made in lawful money
of the United States, or by a good and valuable negotiable check or draft pay­
able on presentation thereof at some bank or established place of business
without discount in lawful money of the United States, and not otherwise, and
shall be payable at the place designated in the notice prescribed herein.
Sec. 4. Deductions.— Nothing in this act shall-be so construed as to preclude
the withholding from the wages or compensation of any employee any dues,
rates or assessments becoming due to any hospital association, or to any relief,
savings, or other department or association, maintained by the employer or




98

LAWS RELATING TO THE PAYM ENT OF WAGES

employees for the benefit of the employees, or poll tax. or other deductions
authorized by written order of an employee: Provided, At the time of payment
of such wages or compensation, such employee shall be furnished by the em­
ployer an itemized list showing the respective deductions made from the total
amount of such wages or compensation.
Sec. 5. Provisions severable.— Should any proyision of this act be judicially
decreed, or declared null or void, the remaining provision thereof shall not be
affected thereby, but the same shall be given full force and effect.
Sec. 6. (as amended 1925, ch. 160). Violations.— [Violations of this act en­

tail a forfeiture of not less than $50, in the discretion of the court, to a fund
for the support of the office of the labor commissioner, the same to be recovered
by him in a civil action.]
Sec. 7. jEnforcement.— It shall be the duty of the labor commissioner to
cause this act to be duly enforced, and upon notice from him the district
attorney of any county in which a violation of this act has occurred, shall
prosecute the same according to law.
Sec. 8. Waivers.— Nothing in this bill, however, shall be so construed as to

mean that any special occasion where it appears to be satisfactory and bene­
ficial to both employer and employee, that they shall not have the right to agree
either verbally or in writing, as to where and at what time, other than every
fifteen days, wages shall be paid: Provided, That it shall be unlawful for any
employer to require any employee to enter any such agreement as a condition
to entering into or remaining in his service.
Labor commissioner— Collection of wage, etc., claims
(Page 3083.

Acts 1915, ch. 203)

S ection 4 (as amended 1921, ch. 138). Dutie* of commissioner.— Said [labor]
commissioner shall inform himself of all laws of the State for the protection
of life and limb in any of the industries of the State, all laws regulating the
hours of labor, the employment of minors, the payment of wages, and all other
laws enacted for the protection and benefit of employees, and shall have the
power and authority, when in his judgment he deems it necessary, to take as­
signment of wage claims and prosecute actions for collection of wages and other
demands of persons who are financially unable to employ a counsel in eases in
which, in the judgment of the commissioner, the claims for wages are valid
and enforceable in the courts; and it shall be the duty of said labor commis­
sioner to enforce all labor laws of the State of Nevada, the enforcement of
which is not specifically and exclusively vested in any other officer, board, or
commission, and whenever after due inquiry he shall be satisfied that any
such law has been violated, or that persons financially unable to employ a
counsel have a valid and enforceable claim for wages or other demand, he shall
present the facts to the district attorney of the county in which such violation
occurred or wage claim accrued, and it shall be the duty of such district at­
torney to prosecute the same.
Sec. 4 % (added 1925, ch. 95 ). Expense fund.— For the purpose of paying the
expenses of civil actions where claims are assigned to the commissioner of labor
as provided in the preceding section, there is hereby created a trust fund to be
known as the contingent fund of the commissioner of labor. It is the object
of the legislature that this fund shall be self-sustaining and for that purpose
costs shall be allowed to the commissioner of labor by the courts as in other
civil cases. In all cases where the amount of the claim exceeds the sum of
three hundred ($300) dollars the prevailing party shall, when a judgment is
rendered in his favor, be allowed a reasonable attorney’s fee, the same to be
fixed by the district judge before whom the case is tried, and the same shall be
taxed as costs in addition to other costs in the case. A reasonable percentage
of the amount recovered of each assigned claim shall be placed in such fund,
the amount to be agreed upon by the claimant and the commissioner of labor
or his representative. For the purpose of carrying out the provisions of this
section the sum of five hundred ($500) dollars is hereby appropriated out of
any moneys in the State treasury not otherwise appropriated to be placed to
the credit of said fund as a temporary loan. Such loan shall be repaid to the
State treasurer by applying any accumulation above five hundred dollars which
may be found in said fund on the thirty-first day of December, 1925, and annual­
ly thereafter until fully repaid.




TEXT OF LAW S— N EW HAMPSHIRE

99

ACTS OF 1925
C hapter 139.— Payment of wages on termination of employment
Section 1. Damages for nonpayment.— Whenever an employer of labor shall
hereafter discharge or lay off his or its employees without first paying them
the amount of any wages or salary then due them, in cash, lawful money of the
United States, or its equivalent, or shall fail, or refuse on demand, to pay them
in like money, or its equivalent, the amount of any wages or salary at the time
the same becomes due and owing to them under their contract of employment,
whether employed by the hour, day, week or month, each of his or its em­
ployees may charge and collect wages in the sum agreed upon in the contract
of employment for each day his employer is in default, until he is paid in full,
without rendering any service therefor: Provided, however, He shall cease to
draw such wages or salary thirty days after such default.
Sec. 2. Lien.— Every employee shall have a lien as provided in an act en­
titled “An act to secure liens to mechanics and others, and to repeal all acts in
relation thereto,” approved March 2,' 1S75, as amended by chapter 41, Statutes
of 1919, and all other rights and remedies for the protection and enforcement
of such salary or wages as he would have been entitled to had he rendered ser­
vices therefor in manner as last employed.
C hapter 140.— Suits for wages— Attorney's fee
Section 1. Fee allowed.— Whenever a mechanic, artisan, miner, laborer, ser­
vant or employee shall have cause to bring suit for wages earned and due ac­
cording to the terms of his employment, and shall establish by decision of the
court or verdict of the jury that the amount for which he has brought suit is
justly due, and that a demand has been made, in writing, at least five days be­
fore suit was brought, for a sum not to exceed the amount so found due, it shall
be the duty of the court, before which the case shall be tried, to allow to the
plaintiff a reasonable attorney fee, in addition to the amount found due for
wages and penalties, to be taxed as costs of suit.

NEW HAMPSHIRE
PUBLIC STATUTES— 1891
C hapter 180.— Payment of wages— Weekly pay day
Section 21 (as amended 1921, ch. 68). Scope of law.— Every person, firm,
or corporation engaged in the business of manufacturing, mining, quarrying,
or stonecutting, or in a mercantile, railroad, telegraph, telephone, express,
or aqueduct business, and every municipal corporation, having in his or its
employment more than ten persons at one time, shall pay the wages earned
each week by employees who work by the day or week, within eight days, in­
cluding Sunday, after the expiration of the week. Every such person, firm,
or corporation shall post a notice in a conspicuous place in his or its office
that wages will be so paid, and shall keep the same so posted. This act shall
not apply to employees engaged in the cutting, harvesting, and driving of
pulp wood and timber.
S ec. 22 (as amended 1921, ch. 6 8 ). Penalty.— I f any such person, firm, or
corporation shall violate the provisions of the preceding section, he or it shall
be fined not more than $25 for each offense, provided a prosecution therefor
is begun within 30 days after the offense is committed, but not otherwise.
Sec. 23. Exemptions.— The provisions of the two preceding sections shall not
apply to municipal officers wThose services are paid for by the day, nor to
teachers employed by school districts.
C hapter 201.— Wages as preferred claims— In assignments
S ection 32. Amount.— [Wage debts in the sum of $50 earned within six
months prior to the beginning of insolvency proceedings are to be paid next
after debts due the United States, and taxes.]




100

LAWS RELATING TO THE PAYMENT OF WAGES
C hapter 215.— Assignments of wages— Future earnings

Section 4. Assignments not valid unless filed.— No assignment of, or order
for, wages to be earned in the future shall be valid against a creditor of the
person making it, until it has been accepted in writing and a copy of it and of
the acceptance has been filed with the clerk of the town or city where the
party making it resides. The clerks of towns and cities shall keep for public
inspection an alphabetical list of all such orders and assignments filed with
them.
C hapter 245.— Exemption of wages from execution
Section 20. What exempt.— [Exempt from process are: Wages earned after
the service of the writ; wages to the amount of $20 earned before the service
of the writ, unless it is for necessaries; and earnings of the wife and minor
children of the defendant.]
ACTS OF 1911
C hapter 78.— Payment of wages
Section 1 (as amended 1921, ch. 08). Weekly payments in cash.— Weekly
payment of wages by every person, firm, or corporation engaged in the busi­
ness of manufacturing, mining, quarrying, or stonecutting, or in a mercantile,
railroad, telegraph, telephone, express, or aqueduct business, and every munic­
ipal corporation, as contemplated by section 21, chapter 380 of the Public
Statutes * * * shall be made in cash, and no employee shall be compelled
by his employer to accept any goods or merchandise in payment of wages.
S ec. 2. Checks permitted.— Nothing in the preceding section shall be held to
invalidate or prevent payment of wages by check or cheeks wherever such form
of payment is acceptable to the employee to whom payment is made.

ACTS OF 1913
C hapter 38.— Payment of wages— Biweekly pay day— Public employees
S ection 1. Biweekly payments.— All persons performing regular worn in the
service of the State of New Hampshire who are not under salary shall receive
their wages in biweekly payments.

N E W JERSEY
COMPILED STATUTES— 1910
Wages as preferred claims— In assignments
(Page 11S)
Section 10. Amount.— [Wages of clerks, mechanics, and laborers earned or
due at the time of the employer's assignment are preferred up to $300 each.]

Exemption of wages from attachment
(rage 132)
Section 1. Nonresidents.— [Wages of a nonresident employee can not be at­
tached in this State on the suit of a nonresident creditor when the law of the
State of residence gives an exemption.]

Wages as preferred claims— In insolvency of corporations
(Page 1650)
S ection 83. Rank.— [Laborers and workmen and all persons doing service
of any kind have a first lien on the assets of an insolvent corporation for work
done in the two months prior to proceedings begun.]
S ec. 84. Same.— [Such liens are subordinate to prior recorded chattel mort­
gages and' to chattel mortgages recorded within the two months for money
loaned or goods purchased during said period; also to mortgages on the real
estate.]




TEXT OF LAWS---- N E W JERSEY

101

Employment of labor—Notice of discharge
(Page 3039)
S e c t io n 79. Notice of discharge to be given, when.— Whenever any operative
in any mill, factory, or other manufacturing establishment shall contract or
agree with his or her employer, or the agent of such employer, to forfeit any
part of his or her wages or pay in case he or she shall quit work or service in
such mill, factory, or manufacturing establishment, without giving a certain
specified notice of intention so to do, such operative shall, before being dis­
charged from such work or service, be given notice thereof for the same length
of time as that of the notice required of him or her as aforesaid, and in de­
fault of such notice, shall receive wages or pay for the same length of time for
which his or her wages or pay would have been forfeited in case he or she had
quit such work or service without notice as aforesaid; and whenever, in such
a case, the wages or pay of such operative shall not be a fixed sum, as for
instance, so much per day or week, tfcen the wages or pay to be so received by
such operative shall be the amount he or she might ordinarily have earned in
the time for which such notice should have been given; and such operative,
upon making demand for such wages or pay, and a refusal to pay the same,
shall be entitled to sue for and recover the same, the same as if it was due
under an express contract; and if he or she shall recover judgment in such
suit for such wages or pay, or for a larger amount than had been tendered him
or her in case a tender had been made, then he or she shall be allowed as part
of the costs thereof, an attorney’s fee, to be fixed by the court, and in case the
defendant shall appeal from such judgment, and shall not be successful on
such appeal, then such operative shall be allowed, as part of the costs of such
appeal, an additional attorney’s fee, to be fixed by the court: Provided, how­
ever, That such operative shall not be entitled to receive or recover such wages
or pay in consequence of having been discharged without notice as aforesaid,
if he or she, by his or her misconduct in or about such work or service, or
incoinpetency to perform properly such work or service, shall have given or
afforded sufficient cause for such discharge.

Wages as preferred claims— In executions, etc.
(Page 3044)
S e c t io n 94. Wages to be paid.— [In case of execution, etc., affecting goods or
chattels of an employer, the same shall not be removed until the wages of
operatives and employees, not exceeding two months, have been paid by or at
the instance of the suitor.]
Sec. 95. Sale of goods.— [The sheriff or other officer may not remove goods
by virtue of any execution or attachment without first paying wages, as above.]
Sec. 96. Receiverships.— [If the goods of any manufacturer are put in the
hands of a receiver in the course of a legal action on petition of employee’s
claim for wages for labor thereon, so much of such goods as may be necessary
to meet such verified claims must be sold without delay in preference to the
claims of any other creditor.]

Payment of wages— Company stores
(Page 3044)
S e c t io n 101 (as amended 1919, ch. 182). Orders, etc., to be redeemable.— It
shall not be lawful foi* any person or corporation in this State to issue, for pay­
ment of labor, any order or other paper whatsoever, unless the same is negoti­
able and purport to be redeemable for its face value at sight in lawful money of
the United States, by the person giving or issuing the same: And provided,
however, Nothing in this act contained shall prevent any private individual
from giving any orders for goods and merchandise on any store in which such
private * individual has no interest, directly or indirectly, in the profits or
business.
Sec. 105. Attempting to control trade.— It shall not be lawful for any manu­
facturer, firm, company, or corporation, their agents, clerks, or superintendents,
in this State, who own or control a store for the sale of general store goods or
merchandise in connection with their manufacturing or other business, to at­
tempt to control their employees or laborers in the purchase of store goods and




102

LAWS RELATING TO THE PAYMENT OP WAGES

supplies at the aforesaid store by withholding the payment of wages longer
than the usual time of payment, whereby the employee would be compelled to
purchase supplies, at said manufacturer’s, firm’s, company’s, or corporation
store.
Sec. 106. Violations.— [Penalty for violations is a fine not exceeding $100,
with costs of suit, for each offense.]
Sec. 109. Contracts for retention of wages.— It shall not be lawful for any
corporation doing business in this State to require workmen, laborers or other
employees, in their contract of employment, or prior or subsequent thereto, to
sign a written consent for said corporation to retain or keep back any part of
their wages when due, under pretense of investing the same or establishing a
fund for the relief or assistance of such workmen, laborers, or other employees
when sick or otherwise disabled.
Sec. 110. Retention of wages without consent.— It shall not be lawful for

any corporation of this State, or any corporation doing business in this State, to
retain or keep back any part of the wages due their workmen, laborers, or other
employees, without the free and voluntary consent of such workmen, laborers
or employees, under pretense of assisting, relieving, or maintaining said
employees when sick or otherwise disabled.
Sec. 111. Diversions are against public policy.— All such diversions of the
wages of the employees without the free and voluntary consent of such work­
men, laborers, or employees of corporations aforesaid when due from the use,
possession or control of said employees, to the control or possession of said
corporation for the pretended use or benefit of said employees, shall be adjudged
by the courts of this State to be against public policy.
Sec. 112. Violations.— [Violations of sections 109, 110, incur fine not to exceed
$200, or imprisonment not exceeding 6 months, or both.]
Sec. 113. Discounting claims foi\ wages.— It shall not be lawful for any
person or persons to purchase or fiave assigned to him or them any pay or
wages due, or to become due, to any laborer or employee of any corporation or
individual or individuals doing business in this State, for any work or labor
to be rendered by such laborer or employee of any such corporation or indi­
vidual or individuals, upon which such person or persons so purchasing or hav­
ing assigned to him or them shall directly or indirectly have received, or con­
tracted to receive, from such laborer or employee, more than the legal rate of
interest established by the laws of this State upon the amount of such pay or
wages due, or to become due, so purchased or assigned.
S ec. 114. Penalty.— Any person or persons violating the first section [sec.
113] of this act shall be deemed guilty of a misdemeanor, and, on conviction
thereof, shall be punished by a fine not exceeding $500, at the discretion of
the court: Provided, however, That this act shall not apply to any assignment
o f such pay or wages, made for the payment of any goods, wares or merchan­
dise sold to such employee for the full value, or for any professional service
rendered to such laborer or employee mentioned in such assignment.
Sec. 123. Biweekly pay day.— Every person, firm, association, or partnership

doing business in this State, and every corporation organized under or acting
by virtue of or governed by the provisions of an act entitled “An act concern­
ing corporations” (revision of 1896), in this State, shall pay at least every
two weeks, in lawful money of the United States, to each and every employee
engaged in his, their, or its business, or to the duly authorized representative
of such employee, the full amount of wages earned and unpaid in lawful
money to such employee, up to within 12 days of such payment: Provided,
however, That if at any time of payment, any employee shall be absent from
his or her regular place of labor and shall not receive his or her wages
through a duly authorized representative, he or she shall be entitled to said
payment at any time thereafter upon demand; any employer or employers
as aforesaid who shall violate any of the provisions of this section, shall be
deemed guilty of a misdemeanor and shall be punished by a fine of not less
than $25 and not more than $100 for each and every offense, at the discretion
of the court: Provided, Complaint of such violation be made within 60 days
from the day such wages become payable according to the tenor of this act;
the provisions of this section shall not apply to any employee or employees
engaged in agricultural work or as watermen.
Sec. 124. Contracts in violation of act.— It shall not be lawful for any such
person, firm, association, partnership, or corporation, as aforesaid, to enter
into or make any agreement with any employee for the payment of the wages
of any such employee otherwise than is provided in section 1 [section 123]




TEXT OF LAWS---- N E W JERSEY

103

of this act, except it be to pay such wages at shorter intervals than every two
weeks; every agreement made in violation of this act shall be deemed to be
null and void, and the penalties provided for in section 1 hereof may be
enforced notwithstanding such agreement; and each and every employee with
whom any agreement in violation of this act shall be made by any such person,
firm, association, partnership, corporation, or the agent or agents thereof, shall
have his or her action and rights of action against any such person, firm, asso­
ciation, partnership, or corporation, for the full amount of his or her wages in
any court of competent jurisdiction in this State.
Sec. 125. Enforcement.— The department of labor of this State shall be and
hereby is authorized and directed to enforce the provisions of this act [sections
123-125] and the commissioner of labor shall make complaint against any
employer or employers who neglect to comply with the provisions of this act
for a period of two weeks after having been notified in writing by said com­
missioner of labor of the violation of this act; and it is hereby made the duty
of county prosecutors of the pleas of the various counties in this State, to
appear in behalf of the department of labor in all proceedings brought herein
by the commissioner of labor.
Sec. 126. To whom wages of deceased employees may be paid.— It shall be
lawful for any employer in this State, at any time not less than 30 days
after the death of an employee, to pay all wages due such deceased employee
to the wife, child or children, father or mother, sister or brother (preference
being given in the order named) of the deceased employee, without requiring
letters of administration to be issued upon the estate of said deceased em­
ployee, where such wages do not exceed $75 in amount: Provided, however,
That if such deceased employee shall not leave a wife, child or children,
father, mother, sister, or brother surviving him, then it shall be lawful for
said employer to pay the wages due such deceased employee, first, to the
undertaker for his services, such sum as shall be due him and, second, the
residue, if any, to physician, boarding-house keeper, and nurse, pro rata, upon
a bill furnished duly verified by affidavit.
Sec. 127. Release.— The payment of such wages shall be a full discharge and
release to the employer from the wages so due and paid.
Wages as preferred claims— In receiverships of railroads
(Page 4256)

Section 86. Amount.— [In case of the receivership of a railroad, unencum­
bered personal effects not required in the operation of the road and all moneys
put in the receiver’s hands at the time of his appointment may be applied to the
payment of wages due, not exceeding wages for two months.]
ACTS OF 1911
C hapter 88.— Payment of wages— Semimonthly pay day—Employees of
counties
Section 1. Scope of law.— All county employees in counties of the first class
of this State shall be paid semimonthly.
C hapter 371.— Payment of wages— Semimonthly pay day— Railroads
Section 1. Times of payment prescribed.— Every railroad company author­
ized to do business by the laws of the State of New Jersey shall, on or before
the first day of each month, pay the employees thereof the wages earned by
chem during the first half of the preceding month ending with the 15th day
thereof, and on or before the 15th day of each month pay the employees
thereof the wages earned by them during the last half of the preceding cal­
endar month: Provided, however, That if at any time of payment any
employee shall be absent from his or her regular place of labor, and shall not
receive his or her wages through a duly authorized representative, he or she
shall be entitled to said payment at any time thereafter upon demand upon
the proper paymaster at the place where such wages are usually paid and at
the place when the next pay is due; any such railroad company which shall
violate any of the provisions of this act shall forfeit and pay. the sum of
$25 for each violation of this act which shall be proved, to be recovered in
any court of competent jurisdiction by any person who shall sue for the same,




104

LAWS RELATING TO THE PAYMENT OF WAGES

one-half of said penalty to go to said person so suing therefor, and the other
half to go to the State: Provided, further, Complaint of such violation be
made within 60 days from the date such w^ages become payable, according to
the tenor of this act.
Sec. 2. Contracts waiving rights.— [Contracts waiving rights are forbidden
and void, except that agreements to pay wages at shorter intervals are
permitted.]
ACTS OF 1912
C hapter 202.— Suits for wages
Section 1.— Costs remitted, tvhen.— In any suit based upon a claim for
money due for wages or by reason of a claim for personal services rendered,
the party bringing said suit, where the amount claimed shall not exceed the
sum of twenty ($20) dollars, it shall be the duty of the clerk of any district
court of this State, to issue the summons, prepare and file the state of demand
and of the sergeant at arms of said court to serve the said summons without
payment by the party bringing said action of any costs therefor: Provided,
That said party shall make affidavit of the truth of his said claim and of his
inability to pay the cost ordinarily taxed thereon.
Sec. 2. Costs.— The judge of the said district court may in his discretion
upon the entering of judgment in such cases, order that the costs shall not be
taxed thereon * * *
ACTS OF 1915
C hapter 266.— Exemption of wages from execution
Section 1. Amount.— [If wages to the amount of $18 per week or more
are due or owned by a judgment debtor, his judgment creditor may secure a
continuing order for the payment of 10 per cent of such wages on the debt
until discharged, with costs. I f wages exceed $1,000 per annum, a larger
percentage may be levied; but only one such execution may be enforced at
one time.]
Sec. 2. Duty of employer.— [It is the duty of the employer to pay the per­
centage prescribed to the officer presenting the execution until the judgment
is satisfied.]
ACTS OF 1924
C hapter 70.— Group insurance of public employees
SECTroN 1. Deduct ions for premiums.— In any municipality or county of this
State where the employees of the said municipality or county have formed
or may hereafter form themselves into groups, for the purpose of obtaining
ilie advantages of the group plan of life insurance, in any one of the plans
now in vogue or any plan which may hereafter be inaugurated, it shall be
lawful for the governing body of the said municipality or county, when written
petitions and authorizations signed by the employees as individuals are filed
with the receiving and disbursing officer of the said municipality or county, to
authorize?, by resolution, the deductions specified in the said written petitions
and authorizations and the payment of them to the designated fiscal agent
of the group.
C hapter 204.— Garnishment of wages— Exemption
Section 11. Satisfaction of jufhnnents.— [Where a judgment debtor is found
to have a wage or other income in excess of $18 per week, 10 per cent thereof
is subject to a lien and continuing levy until the Judgment, is paid. If the
income exceeds $1,000 per annum, a larger percentage may be taken.]

NEW MEXICO
ANNOTATED STATUTES— 1915
Wages as preferred claims— In insolvency of corporations
S ection 973. Amount.— [Wages of laborers and workmen for work done
within the next four months preceding the institution of proceedings shall be
a first and prior lien on all assets of an insolvent corporation.]




TEXT OF LAWS---- N EW MEXICO

105

Sec. 974. Liens.— [The lien of a chattel mortgage recorded more than two
months before proceedings begun is not affected by the above; nor is a chattel
mortgage recorded within such two months, to secure money loaned or goods
purchased within that period.]

Wages— Exemption— Garnishment
Section 2311. Amount.— [The personal earnings of a head of a family for
60 days are exempt if it is shown that they are necessary to the support of
his wife or family; but this does not apply to debts for manual labor or for
necessaries of life.]
Sec. 2553. Suits outside State.— [If garnishment of personal earnings is
sought in a suit outside the State, debtor and creditor both being residents of
the State and service could have been obtained in the county of residence of the
debtor, the suitor shall be liable for attorney’s fee, costs of debtor, including
travel, board, witnesses, etc., and $5 a day for time spent. He shall also be
entitled to the amount exempted by the law of New Mexico, and to an
attorney’s fee in any damage suit brought in ease the claim was successfully
defended.]
Payment of wages in scrip-—Company stores
Section 3503. Scrip, etc., to be redeemable in money.— It shall be unlawful
for any person, firm, company, or corporation owning or operating coal or other
mines or transacting any kind of general mercantile business in the State of
New Mexico to sell, give, deliver, or in any manner issue directly or indirectly,
to any person employed by him or it in payment for wages due for labor or as
advances on wages of labor not due, any script [scrip], check, draft, or order,
or evidence of indebtedness payable or redeemable otherwise than in their face
value in money; and such person, acting member or agent of any firm, acting
agent or agents or officers of any company or corporation [or] firm who shall
violate any of the provisions of this section, shall be deemed guilty of a mis­
demeanor, and upon conviction thereof shall be punished by a fine not exceeding
$500, nor less than $250, and the amount of any scrip, token, check, draft,
order, or other evidence of indebtedness sold, given, delivered, or in any
manner issued in violation of the provisions of this section shall recover in
money at the suit of any holder thereof against the person, firm, company,
or corporation selling, giving, or delivering or in any manner issuing the
same.
Sec. 3504. Exemption.— The provisions of the preceding section shall not
apply in any instance where the issuance of scrip, check, draft, or order, is
upon the voluntary request or at the instance of the party to .whom issued,
but only in cases where the employer seeks to compel, coerce, or influence the
employee against his will to accept the same.
Sec. 3505. Restricting trade.— Whoever compels or in any manner seeks to
compel or coerce an employee or any person, firm, company or corporation to
purchase goods or supplies from any particular person, firm, company or cor­
poration shall be deemed guilty of a misdemeanor and upon conviction thereof
shall be punished by a fine not exceeding $500 or imprisonment in the county
jail not exceeding 60 days, or both at the discretion of the court

ACTS OF 1917
C hapter 16.— Payment of wages— Semimonthly pay day
Section 1. Scope of law.— All railway mining, and manufacturing corpora­
tions operating in this State shall designate regular days, not more than
sixteen days apart, as days fixed for the payment of wages to all employees
thereof, paid in this State, and shall post and maintain notices, printed or
typewritten, in plain type in at least two conspicuous places where said
notices can be seen by said employees as they go to and from their work,
setting forth said days as “ pay days.” And every such corporation shall pay
on each of said days to its employees in lawful money of the United States,
or in negotiable bank cheek, payable on demand, of the date of said day, all
wages due said employees up to such pay day, except it may withhold wages
for not more than sixteen days’ labor due any employee remaining in the
service of such corporation.




106

LAWS RELATING TO THE PAYMENT OF WAGES

Sec. 2. Violations.— Every such corporation violating any of the provisions
of this act shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine of not less than $50 nor more than $500
for each offense.
ACTS OF 1919
C hapter 153.— Garnishment of wages
Section 1. Amount.— [Not over 20 per cent of the current wages of an em­
ployee may be garnished if such wages do not exceed $75 per month. If they
exceed $75, in addition to the above, the full amount of such excess may be
taken. No exemption is allowed if the debt was incurred for necessaries of life,
or if the debtor is not the head of a family, or if he is a head and his family
does not reside in the State.]
Sec. 2. Public employees.— [Public officials can be summoned as garnishees
only where a judgment has been secured against an employee of the State or
municipality, school district, etc. Such employees have the exemption rights
provided in section 1.]
ACTS OF 1921
C hapter 10.— Company stores
Section 1. Coercion as to trade.— It shall be unlawful for any person, firm,
or corporation employing labor in this State, or any agent, superintendent, or
boss of said person, firm, or corporation, by threat, direct or indirect, or in
any other manner, to coerce or compel any employee to buy goods of or trade
with any store, business, or commissary, or to discharge or threaten to dis­
charge any employee for failure so to do.
Sec. 2. Violations.— [Violations are punishable by fine, $50 to $200, or im­
prisonment 30 to 90 days, or both.]
C hapter 180.— Employment of women— Overtime pay
Section 5. Emergencies.— Nothing in section 2 of this act [relating to mer­
cantile establishments] shall be construed so as to prevent work in excess
of nine hours a day on days other than Saturdays, and in excess of eleven
hours a day on Saturdays in emergency cases: Provided, That in no one week
of seven days shall there be permitted more than sixty hours of labor: And pro­
vided, That work in excess of fifty-six hours of labor in any one week shall
be paid for on a basis of time and one-half for such excess.
Sec. 6. Same.— Nothing in section 3 of this act [relating to express, etc.,
offices] shall be construed so as to prevent work in excess of nine hours a day
in emergency cases: Provided, That in no one week of seven days shall there
be permitted more than sixty hours of labor: And provided, That work in
excess of fifty-six hours of labor in any one week shall be paid for on a basis
of time and one-half for such excess.

NEW YORK
CONSOLIDATED LAWS— 1909
C hapter 12.— Wages

as preferred claims— In assignments

Section 22 (as amended 1914, ch. 360). Amount.— [Wages or salaries owing
for services rendered within three months prior to an assignment are pre­
ferred before any other debt, not exceeding $300 to each employee.]
C hapter 23.— Wages as preferred claims— In receiverships of corporations
Section 24r-a (added 1921, ch. 22). Rank.— [The wages of employees of a
corporation other than a moneyed corporation are preferred to every other
debt or claim in case of the appointment of a receiver for such corporation.]




TEXT OP LAWS— N E W YORK

107

C hapter 31 (as amended 1921, ch. 50).— Labor late— Wages
Section 195 (as amended 1921, ch. 642). Wages to be in cash.— Employers
engaged in the following industries shall pay the wages of their employees in
cash: Canal, express, ice harvesting or storing, manufacturing, mercantile,
mining, quarrying, railroad, steamboat, street railway, telegraph, telephone,
and water corporations: Provided, however, That an employer in any of such
industries may pay his employees by check if he furnishes satisfactory proof
to the commissioner of his financial responsibility and gives reasonable assur­
ance that such checks may be cashed by employees without difficulty and for
the full amount for which they are drawn.
Sec. 196. Semimonthly pay day.— 1. Every corporation or joint-stock associa­
tion operating a steam surface railroad, or person carrying on the business
thereof by lease or otherwise, shall, on or before the first day of each month,
pay to each employee the wages earned during the first half of the preceding
calendar month ending with the fifteenth day thereof, and on or before the fif­
teenth day of each month pay to each employee the wages earned during the
last half of the preceding calendar month.
2. Weekly pay day.— Every other corporation or joint-stock association, or
person carrying on the business thereof by lease or otherwise, shall pay weekly
to each employee the wages earned to a day not more than six days prior to
the date of such payment.
3. No employee shall be required as a condition of employment to accept
wages at periods other than as provided in this section.
Sec. 197. Assignments.— No assignment of future wages shall be valid if
made to an employer enumerated in sections one hundred and ninety-five and
one hundred and ninety-six, or to any person on his behalf or if made or pro­
cured to be made to any person to relieve such employer from payment of
wages, as provided by such section. Charges for groceries, provisions, or
clothing shall not be a valid offset in behalf of the employer against wages.
Sec. 198. Violations.— If a corporation or joint-stock association, its lessee or
other person carrying on the business thereof, shall fail to pay the wages of
all its employees, as provided in this article, it shall forfeit to the people of the
State the sums of $50 for each such failure, to be recovered by the
commissioner in a civil action.
Sec. 221. Company stores.— No person engaged in construction of public
work under contract with the State or with any municipal corporation either
as a contractor or subcontractor shall, directly or indirectly, conduct what
is commonly known as a company store if there is any store selling supplies
within two miles of the place where such contract is being executed.
Sec. 390. Contribution to insurance fund.— 1. A corporation operating a
mercantile establishment shall not by deduction from salary, compensation or
wages, by direct payment or otherwise, compel any employee in such establish­
ment to contribute to a benefit or insurance fund maintained or managed for
the employees of such establishment by such corporation, or by any other
corporation or person. Every contract or agreement whereby such contribu­
tion is exacted shall be void.
2. A corporation violating this section shall be liable to a penalty of $100
recoverable by the person aggrieved in any court of competent jurisdiction.
3. A director, officer, or agent of a corporation which compels any employee
to make a contribution in violation of this section or assign any agreement to
make such contribution, or which imposes or requires such a contribution as
condition of entering into or continuing in the employment of a mercantile
establishment shall be guilty of a misdemeanor.
C hapter 39.— Wages as preferred claims— In receiverships of partnerships
Section 71-a (added 1921, ch. 23 ). Rank.— [The wages of the employees of
a partnership are preferred to every other debt or claim, upon the appointment
of a receiver.]
C hapter 40.— Labor law violations
Section 1272 (as amended 1909, ch. 20 5). Payment of wages.— [Corpora­
tions, joint-stock companies, or persons carrying on their business, failing to
pay wages as provided by the labor law shall be fined $100 to $10,000 for
each offense.]




108

LAWS RELATING TO THE PAYMENT OF WAGES

CODE OF CIVIL PROCEDURE
Exemption of wages from execution
Section 1391 (as amended 1911, ch. 532). Amount.— [If a creditor secures
judgment against a wage earner who then or thereafter has due him wages
in the amount of $12 or more per week, he may have execution in the amount
of 10 per cent of such wages as a continuing levy until the judgment is
satisfied. Only one execution shall be satisfied at one time.]
Sec. 1879. Same.— [Judgment creditors may not seize the earnings of a
debtor for personal service for the GO days before the commencement of the
action, where it is made to appear that such earnings are necessary for the
use of a dependent family.]

NORTH CAROLINA
CONSOLIDATED STATUTES— 1919
Wages as preferred claims— In administration, etc.
Section 93. Administration.— [Wages for not more than one year rank next
after debts secured by a specific lien, funeral expenses, taxes assessed previous
to the death of the employee, dues to the State and the United States, and
judgments docketed and in force. Medical services for the year past are in the
same class as wages.]
Sec. 1140. Foreclosure of mortgages.— [Mortgages on the property of corpora­
tions can not defeat judgments for labor or clerical services performed.]
Sec. 1197. Insolvency.— [The assets of an insolvent corporation are subject
to a first and prior lien, superior to all others, for two months’ wages of
laborers; workmen, and all persons doing labor or service in the regular
employment of the corporation.]

Payment of wages in scrip
Section 4479. Scrip to be transferable.— If any person who employs laborers
by the day, week, or month shall issue in payment for the services of such
laborers any ticket, certificate, or other script [scrip] bearing upon its face
the word “ nontransferable,” or shall issue such ticket, certificates, or other
script [scrip] in any form that would render it void by transfer from the person
to whom issued, or shall refuse to pay to the person holding the same its face
value, he shall be guilty of a misdemeanor and upon conviction thereof shall be
fined not less than $10 nor more than $50 for each offense, or imprisoned not
more than 30 days.

Payment of wages to railroad employees
Section 6558. Scope of law.— All persons, firms, companies, corporations, or
associations owning, leasing, or operating any railroad, or railroads, wholly
or partially within this State, shall pay and settle with their employees engaged
or employed in shops, roundhouses, or repair shops within this State at least
twice in each month, which settlements shall not be less than two weeks
nor more than three weeks apart, and shall in such settlements, pay such em­
ployees the full amounts due them for their work and services up to the date
of the preceding settlement, and such payment shall be made in lawful money
of the United States, or by check or cash order redeemable by the maker
thereof for its face value in lawful money of the United States upon demand
of or presentation by the lawful holder thereof: Provided, This section shall
not apply to repair shops where less than 10 employees are engaged.

Unlawful assignments, etc.
Section 6568. Sending claims outside of State.— [Resident creditors are for­
bidden to send out of the State or assign a claim against a resident employee
of a railroad company wTith the intent of depriving him of the benefit of the
exemption laws of the State.]




TEXT OF LAWS— OHIO

109

NORTH DAKOTA
REVISED CODES OF 1905
Contract of employment
[Sections 5569, 5570, and 5573 are identical with sections 7792, 7793, and 7796,
respectively, of the Revised Code of Montana, p. 93.]
Exemption of wages from garnishment— Suits— Preference
Section 6968 (as amended 1921, ch. 72). Amount.— [The sum of $15 weekly,
wages of the head of a family resident in the State, is exempt from garnish­
ment, and wages not in excess of $15 must be paid the wage earner when due,
on a showing of his status.]
S ec. 7125 (as amended 1915, ch. 155). No exemption, when.— [No personal
property except absolute exemptions are exempt from execution or attachment
in an action for wages.]
Sec. 7166. Amount exempt.— [Earnings for personal services rendered within
60 days next preceding an order of execution are exempt therefrom if necessary
to the support of the dependent family of the judgment debtor.]
Sec. 7782. Rank in insolvency.— [Wages of servants, laborers, mechanics, and

clerks for services rendered within the preceding year rank next after debts
due the United States and debts and taxes due the State or a municipality.]
Execution on judgments for wages not to be stayed
Section 8447. Stay not allowed, when.— * * * no stay is allowed under
the provisions of this section without the consent of the owner and holder of
the judgment when it is rendered for wages of a mechanic or laborer * * *.

ACTS OF 1917
C h a p te r 189.— Payment of wages— Semimonthly pay day on railroads
Section 1. Pay days established.— All railroad corporations doing business
within this State are required to pay their employees at least semimonthly,
the wages earned by them to within fifteen days of the date of such payment,
unless prevented by inevitable casualty: Provided, however, That whenever an
employee shall be discharged, his wages shall be paid to him at the time of his
discharge or whenever he shall demand the same thereafter.
Sec. 2. Failure to pay.— Whenever any railroad corporation shall for seven
days neglect or refuse to pay its employees as prescribed by section 1 of this
act, the wages due them may be recovered by action without further demand,
and there shall be allowed to the plaintiff and included in his judgment, in
addition to his costs and disbursements allowed by law, $5 if the judgment be
recovered in a justice court, and a like sum if the judgment be recovered in a
municipal court where no statutory costs are now allowed in such municipal
court in such action, and double costs in all other courts on appeal.

OHIO
CONSTITUTION— AMENDMENTS OF 1912
A rticle II.— Labor legislation
S ection 34. Wage and safety laws.— Laws may be passed fixing and regu­
lating the hours of labor, establishing a minimum wage, and providing for
the comfort, health, safety, and general welfare of all employees; and no
other provision of the constitution shall impair or limit this power.

GENERAL CODE—1910
Suits for wages— Judgments not to be stayed
Section 1558-77a (added 1915, p. 365). Amount.— [A judgment for wages
for manual labor not in excess of $100 is not subject to stay of execution.]

76982°— 26------ 8




110

LAWS RELATING TO THE PAYMENT OF WAGES

Garnishment of wages— Exemption
Section 10253 (as amended 1925, p. 383). * * * Amount exempt.— N o
attachment shall issue by virtue of this chapter against the personal earnings
of any defendant for services rendered by such defendant within 30 days
before the commencement of the action or the issuing of the attachment, un­
less the defendant is not the support of a family, or unless the amount of
the defendant’s earnings for said 30 days exceeds $50, and then only as to the
excess over that amount, or unless the claim, is one for work and labor, or
necessaries, and then for only 20 per cent of such personal earnings.
Sec. 10271 (as amended 1925, p. 383). F ees; payment.— The personal
earnings now exempted by law, in addition to the 20 per cent for work and
labor, or necessaries, shall be further liable to the plaintiff for the actual costs
of any proceedings brought to recover a judgment for such work and labor,
or necessaries, and for any proceedings to satisfy said judgment in any sum
not to exceed $2, and the necessary garnishee fee for each suit, attachment,
aid of execution, or other proceeding. Such garnishee may pay to such debtor
an amount equal to 80 per cent of such personal earnings, less the sum of $2
and the necessary garnishee fee not to exceed 50 cents, if the same is demanded
by the garnishee, for actual costs as herein provided, * * *

Suits for wages
S ection 10403. Stay of judgment.— [No stay of execution is allowed where a
judgment is for wages owed for manual labor.]
Sec. 10714. Preference in administration.— [Wage debts rank next after ex­

penses of funeral, last sickness and administration, allowance to widow and
children, debts preferred under laws of the United States, and public rates and
taxes and sums due the State for duties on sales at auction. The preference
extends to wages not exceeding $150 earned in the 12 months preceding the
employee’s death.]
Sec. 11725 (as amended 1925, p. 383). Heads of families, etc.— [Ninety
per cent of the personal earnings of every head of a dependent family or of a
widow, and the personal earnings of his or her minor child or children for
30 days, not exceeding $75, are exempt from execution, etc., if shown to be
necessary for the support of the debtor or of his or her family. If the claim
is for work or labor, or for necessaries, 80 per cent is exempt.]
S ec. 11761. Suits for railroad laborers' wages.— [Where a judgment for
wages due railroad laborers has been obtained the clerk of the court having
jurisdiction may, on due process, issue a writ directing debtors of the railroad
company to turn over to the officer holding the judgment money or other prop­
erty of such company in their possession in an amount sufficient to pay such
judgment and costs.] •
S ec. 11781. [This section is in effect the same as sec. 11725, above.]
S ec. 11819. Attachment.— [An attachment of the defendant’s property may be
had on a showing in a civil suit that the action is to recover a debt due for
work or labor.]

Exemption of wages— Unlawful assignment of claims
S ections 12862, 12863 (both as amended 1911, p. 114). Assignment or pur­
chase.— [Anyone selling or assigning a claim against a resident of the State
for collection outside the State for the purpose of evading the exemption laws
of the State, or anyone purchasing such claim, shall be fined not less than
$20 nor more than $50.]
S ec. 12865. Relief.— [A person whose personal earnings have been attached
in violation of the foregoing section may recover the amount, with costs, in
an action against either the assignor or the purchaser.]

Protection of employees as traders— Payment of wages
Section 12944. Coercion in trading.— Whoever compels, seeks to compel or
attempts to coerce an employee of himself or another, to purchase goods or
supplies from a particular person, firm, or corporation, shall be fined not less
than $20 nor more than $100 or imprisoned not more than 60 days, or both.

Sec. 12945. Sales of goods by employer.— Whoever sells goods or supplies
to his employee, or pays such employee wages or a part thereof in goods or




TEXT OF LAWS---- OKLAHOMA

111

supplies, directly or through the intervention of scrip, orders or other evidence
of indebtedness, at higher prices than the reasonable or current market value in
cash of such goods or supplies, or, without an express contract with his em­
ployee, deducts or retains the wages of such employee, or a part thereof, for
ware, tools, or machinery destroyed or damaged, shall be fined not less than
$20 nor more than $100 or imprisoned not more than 60 days, or both.
Sec. 12946. Double liability.— A person violating either of the next two pre­
ceding sections shall also be liable to the party aggrieved in double the amount
of charges made for such ware, tools, and machinery, or for the amount received
for such goods or supplies in excess of the reasonable or current market value in
cash thereof.

Sec. 12946-1 (added 1913, p. 154). Semimonthly pay day.— Every individual,
firm, company, copartnership, association, or corporation doing business in
the State of Ohio, who employ five or more regular employees shall on or
before the first day of each month pay all their employees engaged in the per­
formance of either manual or clerical labor the wages earned by them during
the first half of the preceding month ending with the fifteenth day thereof,
and shall on or before the fifteenth day of each month pay such employees the
wages earned by them during the last half of the preceding calendar month:
Provided, however, That if at any time of payment an employee shall be
absent from his or her regular place of labor and shall not receive his or her
wages through a duly authorized representative, such person shall be entitled
to said payment at any time thereafter upon demand upon the proper pay­
master at the place where such wages are usually paid and where such pay
is due: Provided, Nothing herein contained shall be construed to interfere
with the daily or weekly payment of wages.
Sec. 12946-2 (added 1913, p. 154). Waivers forbidden.— No such corporation,
contractor, person, or partnership shall by a special contract with an employee
or by any other means exempt himself or itself from the provisions of this
act [12946-1 to 12946-2], and no assignments of future wages, payable semi­
monthly under these provisions shall be valid, but nothing in this act [12946-1
to 12946-2] shall prohibit the assignment by an employee of 10 per cent of
his personal earnings, earned or unearned, to apply on a debt for necessaries.
Whoever violates the provisions of this act [12946-1 to 12946-2] shall be pun­
ished by a fine of not less than $25 nor more than $100.
Sec. 12947. Enforcehnent.— The prosecuting attorney, upon complaint made
to him of a violation of sections 12944 or 12945, shall cause such complaint to
be investigated before the grand jury.

OKLAHOMA
REVISED LAWS OF 1910
Suits for wages— Sending claims outside the State
S ection 2911. Sending out claims forbidden.— [Sending out of the State
claims for debt to be collected by attachment, garnishment, etc., when the
parties are within the jurisdiction of the courts of the State is a misdemeanor
punishable by a fine not less than $500 nor more than $1,000.]
Sec. 2912. Assignments to nonresidents.— [The assignment or transfer of a
claim or debt against a citizen of the State to be collected by attachment, etc.,
or which is attempted to be collected out of the wages or personal earnings
of the debtor in courts outside the State, when the parties are within the
jurisdiction of the State, is a misdemeanor punishable by a fine of from $500
to $1,000, or imprisonment from 30 days to one year, or both.]
Sec. 2913. Liability.— [Persons violating the provisions of this act are liable
to the aggrieved party in the amount of the claim and costs, to be recovered
in a civil action.]
Exemption of wages from execution
Section 3342 (as amended 1915, ch. 188). Amount.— [Seventy-five per cent of
all current wages or earnings for the last 90 days are exempt, in case of
attachment, execution, etc., to the head of every family residing in the State.]
Sec. 3345 (as amended 1915, ch. 188). Persons not heads of families.— [To
persons not heads of families, 75 per cent of current wages or earnings are
exempt.]




112

LAWS RELATING TO THE PAYMENT OP WAGES

Sec. 3347. Suits for wages.— [Exemptions are not available where the claim
is for wages.]
Payment of wages
Section 3760. Semimonthly pay day.— Every corporation, association, company,
firm, or person in the State engaged in mining coal, ore, or other minerals or
quarrying stone, or in manufacturing iron, steel, lumber, staves, headings for
barrels, brick, tile and tile machinery, agricultural or mechanical implements,
or any article of merchandise, shall pay each employee of such corporation,
association, company, firm, or person, if demanded, at least twice each calendar
month, the amount due such employee for labor, and such payment shall be
in lawful money of the United States, and the employee shall not be deemed
to have waived any right or rights herein mentioned because of any contract
to the contrary.
Sec. 3761. Scrip to "be redeemable.— Every corporation, association, company,
firm, or person, or any member, agent, or employee thereof who shall publish,
issue, or circulate any check, card, or other paper which is not commercial
paper, payable at a fixed time in any bank in this State, at its full face value,
in lawful money of the United States, or any card or check issued, which is not
payable in lawful money of the United States on each regular pay day, to any
employee of any such corporation, association, company, firm, or person, in pay­
ment for any work or labor done by such employee, shall be guilty of a mis­
demeanor.
Sec. 3762. Violations.— Any corporation, association, company, firm, or per­
son in this State engaged in mining coal, ore, or other minerals, or quarrying
stone, or in manufacturing iron, steel, lumber, staves, headings for barrels,
brick, tile and tile machinery, agricultural or mechanical implements, or any
article of merchandise, upon conviction of a violation of any of the provisions
of the two preceding sections, shall be fined in any sum not less than $50 nor
more than $200.

Exemption of wages from garnishment, etc.
Sections 5198, 5199, 5501. Amount.— [The earnings of a judgment debtor for
three months next preceding an order in execution of judgment, attachment, or
garnishment process are exempt therefrom if it appears that such earnings are
necessary to the support of a family partly or wholly dependent.]

ACTS OF 1913— REGULAR AND EXTR A SESSIONS
C h a p te r 46.— Payment of wages— Semimonthly pay day
Section 1. Semimonthly pay day required.— Every railroad corporation, tele­
phone and telegraph company, express company, street railway company, and
every transportation or transmission company operating and doing business
in the State of Oklahoma, shall pay each employee of such railroad, telephone
and telegraph, street railway, transportation or transmission company, or
employee of such corporation, association, company, firm, person or persons,
at least twice each calendar month.
Section 2. Violations.— [Fine of $50 to $500 for each offense.]

ACTS OF 1915
C hapter 148 (as amended 1919, ch. 163).— Employment of women— Overtime

work
Section 2. Hours of work.— The hours of work may be so arranged to permit
the employment of females at any time so that they shall not work more than
nine (9) hours within twenty-four (24) hours, of any one day: Provided, how­
ever, That in time of great disaster, calamity, or epidemic, telephone estab­
lishments may work their operators, with their consent, for a greater number
of hours in any one day than above stated, said operators to be paid not less
than double their regular compensation for such extra time: Provided, That
this act shall not apply to females who are registered pharmacists, or employed
as nurses or those engaged in agricultural or domestic service: And provided
further, however, That in case of emergency in hotels and restaurants, females
may work to a maximum of ten (10) hours during the twenty-four with their




TEXT OF LAWS— OREGON

113

consent; such females to be paid not less than double their regular compen­
sation for such extra time: And provided further, That this act shall apply
only to towns and cities containing a population of five thousand (5,000) or
more, as shown by the last Federal census, or any Federal census hereafter
taken: Provided, however, That the provisions of this act shall apply to any
of the establishments mentioned in section one of this act, where five or more
females are employed, and located outside of the incorporated limits of any
city or within the limits of any city, town, or village of less than five thousand
(5,000) population.

OREGON
OREGON LAWS— 1920
Suits for wages— No property exempt
Section 227. Exemptions, property.— [Specific articles and values of prop­
erty of a judgment debtor are exempt from execution, except where the claim
is for labor performed for a person engaged in a business, trade, or occupation,
to enable him to carry on the same, in which case no article, tool, implement,
or apparatus used in the undertaking, or money due the employer on account
thereof, shall be exempt.]

Exemption of wages from execution
Section 228 (as amended 1923, ch. 204). Exemptions, wages.— [The earnings
of a judgment debtor for 30 days prior to service of attachment, etc., not ex­
ceeding $75 in amount, are exempt on a showing of necessity for the support of
his family; but if the debt is for family expenses, 50 per cent of such earnings
are exempt.]
Garnishment of wages— Public employees
Section 258. Garnishment.— [Wages and salaries of public employees are
subject to garnishment, etc,, in the hands of the officer charged with the pay­
ment of the same, in the same manner as property in the possession of indi­
viduals.]
Wages as preferred claims
Section 1110. Receiverships.— [Wages accrued within six months prior to the
appointment of a receiver must be paid out of the first receipts, after the pay­
ment of current operating expenses; and must be paid at least every 30 days
out of the first receipts and earnings. If these do not suffice to make such
payments, certificates bearing interest at 8 per cent must be issued, to be re­
deemed out of the first receipts and earnings available.]
Sec. 1295. Administration.— [Wage debts rank next after funeral charges,
United States taxes, expenses of last sickness, State and local taxes, debts
preferred under United States laws, and debts secured by liens at the time of
the employer’s death.]

Protection of employees as traders, etc.
Section. 2177. Employees as traders, etc.— It shall be unlawful for any per­
son or corporation to compel by threats or intimidation, or threats of discharge,
or to use any means to compel an employee against his will to board at any
particular hotel, boarding house, or other place where lodgings or board may
be provided, or to require an employee to purchase goods and supplies at any
particular store.
Sec. 2178. Violations.— [Penalties for violations are fine, $25 to $100, or
imprisonment, 10 to 30 days, or both.]

Employment of labor— Medical and hospital fees
Section 6642. Scope of act.— An employer under the terms of this act shall be
taken to mean all persons, firms, companies, corporations, or associations of
persons, not including employers engaged in interstate commerce, doing busi­
ness within this State who have been withholding or who may hereafter with­




114

LAWS RELATING TG THE PAYM ENT OF WAGES

hold or accept any portion of the wages of their employees for medical, sur­
gical, or hospital care and attention.
Wherever the word “ contractor ” is used in this act it shall be understood
to include any individual, firm, association, or company which may contract
with any employer for the medical, surgical, or hospital care and attention of
his employees.
Sec. 6643. Laws to be observed.— On or after July 1, 1917, it shall be unlaw­
ful for any employer to deduct, withhold, or accept any portion of the wages of
any employee for medical, surgical, or hospital care and attention or to expend
any portion of the wages deducted or accepted for such purpose, except as
provided in this act.
Sec. 6644. Collection of fees lawful.— It shall be lawful for an employer to
collect or deduct a portion of the wages of his employees for medical, surgical,
or hospital care and attention in such an amount and in such a manner as may
be reasonable: Provided, That if any employee shall complain to the industrial
accident commission as to the amount or manner of said deduction, then it shall
be unlawful, after notice by said commission, for any employer to deduct or
accept any portion of the wages of his employees except in the manner and
amounts approved by the said industrial accident commission: Provided, That
it shall be unlawful for any employer to directly or indirectly retain any por­
tion of the said fund so collected for his own use or benefit, it being the inten­
tion of this act that the money so collected by the employer shall be a trust
fund and shall be kept in separate accounts and promptly paid over for the
purpose for which it is so collected and shall in no event become a part of the
assets of any such employer.
Sec. 6645. Contractors.— It shall be lawful for employers to make contracts
with contractors with regard to the funds of his [their] employees collected
under the provisions of section 6644: Provided, That the industrial accident
commission'shall have power and authority to cancel any such contract when­
ever it shall deem that the physician selected to give service is not reasonably
competent or the service furnished is not reasonably efficient: Provided further,
That no contract shall be valid or effective between an employer and any con­
tractor which shall extend over a period of more than one year, except that the
contractor may make a valid contract for two years with the previous consent
of the commission.
Sec. 6646. Statements.— Each contractor shall, on the first day of July and
the first day of January of each year, make a statement to the industrial
accident commission showing the amount of funds received from each employer
during the preceding six months.
Sec. 6647. Supervision.— The supervision given to the industrial accident
commission under the provisions of this act shall be exercised for the best
interests of the employees, and any complaint made by any employee to said
industrial accident commission hereunder shall be made in writing and sub­
scribed and sworn to.
Sec. 6648. Reports.— The industrial accident commission is hereby authorized
to demand from the employer such sworn statements and reports as may be
reasonably deemed necessary in the administration of this act.
Sec. 6649. Violations.— Any person violating any of the provisions of this act
shall be deemed guilty of a misdemeanor and upon conviction thereof shall be
punished by a fine of not less than $100 nor more than $500.
Hours of labor— Overtime pay
S ection 6689. Ten-hour day for women.— No female shall be employed in any
manufacturing, mechanical, or mercantile establishment, laundry, hotel, or
restaurant, or telegraph or telephone establishment or office, or by any express
or transportation company in this State more than 10 hours during any one
day, or more than 60 hours in one week. The hours of work may be so
arranged as to permit the employment of females at any one time so that they
shall not work more than 10 hours during the 24 hours of one day or 60 hours
during any one week: Provided, hoicever, That the provisions of this section
in relation to the hours of employment shall not apply to nor affect females
employed in harvesting, packing, curing, canning, or drying any variety of
perishable fruit, vegetable, or fish: Provided further, They be paid time and a
half for time over 10 hours per day when employed in canneries or driers or




TEXT OE LAWS— OREGON

115

packing plants: Provided, also, That pieceworkers shall be paid one and a
half the regular prices for all work done during the time they are employed
over 10 hours per day.
S ec. 6691. Violations.— [Fines of not less than $25 nor more than $100 are
penalties for violations.]
Sec. 6709 (as amended 1923, ch. 122). Overtime.— No person shall be em­
ployed in any mill, factory, or manufacturing establishment in this State more
than 10 hours in any one day, or in sawmills, planing mills, shingle mills, and
logging camps more than eight hours, exclusive of one hour, more or less, in
one day, or more than 48 hours in one calendar week, except logging train
crews, watchmen, firemen, and persons engaged in the transportation, of men
to and from work, and employees when engaged in making necessary repairs,
or in the case of emergency where life and property is [are] in imminent
danger: Provided, however, Employees may work overtime not to exceed three
hours in one day, conditioned that payment be made for said overtime at the
rate of time and one-half the regular wage. The provisions of this section shall
not apply to persons employed in the care of quarters or livestock, conducting
mess halls, superintendence and direction of work, or to the loading and
removal of the finished forest product.
Sec. 6710 (as amended 1923, ch. 122). Act in effect.— Any employer who shall
require or permit any person to work in any of the places mentioned in section
6709 more than the hours in said section provided for, during any day of 24
hours, or who shall permit or suffer any overseer, superintendent, or other
agent of such employer to violate any of the provisions of this act, shall be
guilty of a misdemeanor and, upon conviction thereof, shall be fined for such
offense not less than $50 nor more than $500: Provided, That every day’s
violation of this act or any part thereof shall be deemed a separate offense:
And provided further, That this act shall not be enforced in so far as same
relates to working hours in sawmills, planing mills, shingle mills, and logging
camps until laws containing like provisions regarding working hours in such
places of employment in the States of California, Washington, and Idaho shall
become effective in each of the said States, respectively.
Deductions of wages for hospital, etc., funds
Section 6792. Reports required.— On the first day of * * * each July,
all persons, firms, companies, or corporations doing business in Oregon,. which
have been withholding or accepting any portion of the wages of any of their
employees residing in Oregon for hospital or relief purposes, shall furnish the
commissioner of labor statistics of the State of Oregon a full and complete list
cf all money so collected, from the first of the preceding July to date, and a
full and complete list of all expenditures from the same fund for the same
time.
Sec. 6793. Exemption.— The provisions of this act shall not apply to com­
mon carriers.
Sec. 6794. Violations.— Any person, firm, company, or corporation, violating
any of the provisions of this act, shall, upon conviction thereof, be fined not
less than $50 and not more than $500 for each offense.

Payment of wages— Scrip— Suits
Section 6797 (as amended 1925, ch. 252). Orders, etc., to be negotiable.—
No person or corporation engaged in any business or enterprise of any kind
in this State shall issue, in payment of or as evidence of indebtedness for
wages due an employee, any order, check, memorandum, or other acknowl­
edgment of indebtedness, unless the same is negotiable, and is payable with­
out discount in cash on demand at some bank or other established place of
business in the county where the same is issued, and where a sufficient amount
of funds have been provided and are or will be available for the payment of
such order, check, or other acknowledgment of indebtedness when due; and
such person or corporation shall, upon presentation and demand, pay any
such order, check, memorandum, or other acknowledgment of indebtedness,
in lawful money of the United States: Provided, however, That nothing herein
contained shall in any way limit or interfere with the right of any such employee
to accept from any such person or corporation, as an evidence or acknowl­




116

LAWS RELATING £ 0 ^H E PAYMENT OP WAGES

edgment of indebtedness for wages due him, a negotiable instrument, pay­
able at some future date with interest.
Sec. 6798. Wages, when due.— Whenever an employer discharges an
employee, or where such employment is terminated by mutual agreement, all
wages earned and unpaid at the time of such discharge shall become due and
payable immediately. When any such employee, not having a contract for a
definite period, shall see fit to quit or resign his employment, all wages earned
and unpaid at the time of such quitting or resignation shall become due and
payable immediately: Provided, Such employee shall have given not less than
three days’ notice of his intention to quit his employment, and if such notice
has not been so given then such wages shall be due and payable three days
after such employee shall have so quit his employment; but when any number
of employees enter upon a strike, the wages due such striking employees at the
time of entering upon such strike shall not become due and payable until the
next regular pay day after the commencement of such strike: Provided, That
the time between the commencement of the strike and such next regular pay
day does not exceed a period of 30 days, and if such time does exceed the
period of 30 days then such wages shall be due and payable 30 days after the
commencement of such strike.
Sec. 6799. Suits for wages.— In any action for the collection of any such
order, check, memorandum, or other acknowledgment of indebtedness, or in
any action for the collection of wages, if it is shown that such order, check,
memorandum, or other acknowledgment of indebtedness, or said wages were
not paid for a period of 48 hours after proper demand for the payment
thereof, the court shall, upon entering judgment for the plaintiff, include in
such judgment, in addition to the costs and disbursements otherwise pre­
scribed by statute, a reasonable sum for attorney’s fees for prosecuting said
action, unless it shall appear that such employee has willfully violated his
contract of employment: Provided, In case of an employee voluntarily quit­
ting an employment, such employee shall have given not less than three days’
notice of his intentions to quit his employment.
Wages as preferred claims— In receiverships, etc.
S ection 10210. Amount, etc.— [Where the property of any company, asso­
ciation, person, or firm goes into the hands of a receiver, or is assigned for the
benefit of creditors, debts owing laborers or employees, not exceeding $100 to
each employee, earned within 90 days prior to the transfer, are to be paid
first in full, if assets permit, otherwise pro rata; forms and procedure are
prescribed.]

ACTS OF 1925
C hapter 252.— Payment of wages

[This act amends section 6797 O. L. (see above), and also enacts new legisla­
tion, as follows:]
S ection 2. Monthly pay day.— Every person, firm, or corporation owning or
operating any mine, smelter, mining mill, sawmill, logging concern, mercan­
tile establishment or manufactory, or doing a contracting business, coming
under the provisions of this act, shall establish and maintain a regular pay
day, notice of which shall be posted in a conspicuous place, at which date all
employees shall be paid the wages due and owing to them, and such pay day
shall not extend beyond a period of 30 days from the time that such employer
or employees entered upon their work, or from the date of the last regular
pay day: Provided, That nothing herein shall prevent the employer from
establishing and maintaining pay days at more frequent intervals: And pro­
vided further, That nothing contained herein shall be construed to prevent
any person, firm, or corporation engaged in any pursuits from entering into an
agreement, mutually satisfactory, with his employees, as to the payment of
wages at a future date.
S ec. 3. Violations.— Any person, firm, or corporation violating any of the
provisions of this act shall be deemed guilty of a misdemeanor and, upon
conviction thereof, shall be fined not more than $500.




LAWS RELATING TO THE PAYM ENT OF WAGES

117

PENNSYLVANIA
STATUTES— 1920
Wages as preferred claims
Section 766. Insolvency.— [Claims for wages have the same preference in

case of assignments as provided by law in case of executions.]
Sec. 767. Current wages.— [Wages necessarily incurred in service rendered to
an assignee or receiver must be paid as a part of the expenses of the as­
signment.]
Sec. 783. Sending claims out of the State.— [It is unlawful for a citizen to
assign or transfer a claim against a resident of the State for the purpose of
depriving the debtor of his right to wage exemptions under the law of Penn­
sylvania.]
Powers of manufacturing companies, etc.— Company stores
Section 5984. Powers restricted.— Every manufacturing, mining, or quarrying

company incorporated under the provisions of this act [relating to manufactur­
ing companies], shall be confined exclusively to the purposes of its creation,
as specified in its charter, and no such company shall manufacture or sell any
commodity or article of merchandise other than those therein specified. No
such company shall engage in, nor shall it permit any of its employees or
officials to engage in, the buying or selling, upon the lands possessed by it, of
any Wares, goods or commodities or merchandise, other than those specified
in their charter, or necessary for the manufacture of the same. No such com­
pany shall permit to be withheld or authorize or direct the withholding of
wages due any of its operatives or employees, by reason of the sale or furnish­
ing of goods, wares, or merchandise by any person to such operatives or em­
ployees, unless the same be withheld by reason of and in obedience to due
process of law. But nothing herein contained shall prohibit any such person
from supplying to its employees oil, powder, or other articles and implements
necessary for or used in mining.
Sec. 5988. Company stores prohibited.— On and after the passage of this act
it shall not be lawful for any mining or manufacturing corporation of this Com­
monwealth, or the officers or stockholders of any such corporation, acting in
behalf or in the interest of any such corporation, to engage in or carry on, by
direct or indirect means, any store known as a company store, general supply
store or store where goods and merchandise other than such as have been
mined or manufactured by the mining or manufacturing corporation, of which
said officers or stockholders are members, are kept or offered for sale.
Sec. 5989. Right to maintain store not to be granted.— No mining or manu­
facturing corporation engaged in business under the laws of this Common­
wealth shall lease, grant, bargain, or sell to any officer or stockholder of any
such corporation, nor to any other person or persons whatsoever, the right to
keep or maintain upon the property of any such corporation any company, gen­
eral supply or other store in which goods other than those mined or manufac­
tured by the corporation granting such right shall be kept or exposed for sale
whenever such lease, grant, bargain, or sale as aforesaid is intended to de­
feat the provisions of the first section of this act. Nor shall any such mining
or manufacturing corporation, through its officers, stockholders, or by any rule
or regulation of its business, make any contract with the keepers or owTners of
any store, whereby the employees of such corporation shall be obliged to trade
with such keeper or owner, and that any such contract made in violation
of this act shall be prima facie evidence of the fact that such store is under
the control of such mining or manufacturing corporation and in violation of
this act.
Sec. 5990. Forfeiture.— For any violation of any of the provisions of this
act b j any mining or manufacturing corporation aforesaid, such mining or
manufacturing corporation so offending shall forfeit all charter rights granted
to it under the laws of this Commonwealth, and it is hereby declared and
made the duty of the attorney general of this Commonwealth, upon com­
plaint of such violation of any of the provisions of this act by a petition
signed and sworn to by two or more citizens, residents of the county where
the offense is sworn to have been committed, to immediately commence pro­
ceedings against the corporation or corporations complained against by a writ
of quo warranto.




118

LAWS RELATING TO THE PAYM ENT OF WAGES

Wages as preferred claims— In administration
S e c t io n 8458. Rank.— [Servants’ wages for not exceeding one year rank with
funeral expenses and expenses of last illness as first to be paid by executors
or administrators of estate.]

Payment of wages due deceased employees
S e c t io n 8601. Payment to wife, etc.— It shall be lawful for any employer in
this Commonwealth, at any time not less than 30 days after the death of
his employee, to pay all wages due to such deceased employee to the wife,
children, father or mother, sister or brother (preference being given in the
order named) of the deceased employee, without requiring letters testamentary
or of administration to be issued upon the estate of said deceased employee,
where such wages do not exceed $150 in amount. If such deceased employee
shall not leave a wife or any of said relatives surviving him, then it shall be
lawful for the employer in like manner to pay such wages to the creditors
of the decedent, as follows, undertaker, physician, boarding-house keeper,
and nurse, each his or her pro rata share, upon affidavit of fact furnished.
The payment of such wages as aforesaid shall be a full discharge and release
to the employer from any further claim for such wages.

Suits for wages— Exemptions— Attachments
S ection 10392. No property exempt.— [No exemption of property from at­
tachment, levy, or sale on execution is allowed in judgment for wages for
manual labor for $100 or less.]
Sec. 10393. Assignments to defeat exemption.— [No citizen of the State may

assign a claim against a resident for collection outside the State or send such
claim outside the State for collection for the purpose of depriving the debtor
of his right to have his personal earnings exempt under the laws of the State.]
Sec. 10394. Evidence.— [Any assignment or transfer of a claim, or proceed­
ings in attachment or garnishment which might, could, or does deprive one of
the benefit of the exemption laws of the State, is prima facie evidence of
intention to violate the above act.]
S ec. 10403. Stay.— [No stay of execution is allowed in judgments of $100

or less for wages of manual labor.]
S ec. 10431. Attachment.— [W ages of laborers and salaries of persons in pub­
lic or private employment are not subject to attachment in the hands of the
employer.]

Wages— Attachment for board
S e c t io n 11950. Amount.— [Keepers of hotels, inns, boarding houses, and
lodging houses may bring action to attach wages due or owing to persons
indebted to such keepers, in an amount not exceeding the sum due them for
four weeks.]
S ec. 11951. Service.— [Every person owing such wages shall be deemed to
have accepted notice of attachment of wages in his hands when properly
served with such notice.]

Payment of wages in scrip
S e c t io n 20462. Report to auditor general.— Every person, firm, partnership,
corporation or association shall, upon the first day of November of each and
every year make a report, under oath or affirmation, to the auditor general, of
the number and amount of all orders, checks, dividers, coupons, pass books,
and all other books and papers, representing the amount, in part or whole,
of the wages or earnings of an employee, that was given, made or issued by
him, them or it for payment of labor, and not redeemed by the said person,
firm, partnership, corporation, or association, giving, making, or issuing the
same, by paying to the employee or a member of his family the full face
value of said order, check, divider, coupons, pass book, or other paper, repre­
senting an amount due for wages or earnings, in lawful money of the
United States, within (30) days from the giving, making, or issuing thereof;
the honoring, though, of said order, check, divider, coupon, pass book, or other
paper, representing an amount due for wages or earnings, by a duly char­




TEXT OF LAWS---- PENNSYLVANIA

119

tered bank, by the payment in lawful money of the United States, to the
amount of said paper representing an amount due for wages or earnings, is
a payment, and he, they or it shall, besides other requirements of law, pay
into [the] treasury of the Commonwealth [twenty-five] (25) per centum
on the face value of such orders, checks, dividers, coupons, pass books, or
other paper, representing an amount due for wages or earnings, not re­
deemed as aforesaid; and in case any person, firm, partnership, corporation,
or association shall neglect or refuse to make report, required by this section,
to the auditor general, on or before the 1st day of December of each and
every year, such person, firm, partnership, corporation, or association, so
neglecting or refusing, shall, besides other requirements of law, pay as a
penalty into the State treasury twenty-five (25) per centum, in addition to
the twenty-five (25) per centum tax imposed as aforesaid in this section, on
the face value of all such orders, checks, dividers, coupon [s], pass books, or
other paper, representing an amount due for wages or earnings, not redeemed
by paying the employee or a member of his family in lawful money of the
United States, within said thirty (30) days, by the person, firm, partnership,
corporation, or association making, giving, or issuing the same; the honoring
of paper, representing wages or earnings, by a bank is a sufficient payment:
Provided, This act shall not apply to tools and blasting material, and other
mine supplies, furnished by the employer to the employee, used by the em­
ployee at or about the employee’s vocation; “ nor to coal sold by the employer
to the employee, nor to rent for houses leased from the employer and
occupied by the employee ” : And provided further, That this act shall not
apply to moneys paid to the treasurers of the employees about coal mines,
who have agreed to have a pro rata part of their earnings paid by the operaator to such treasurers, who are to pay checkweighmen or check measurers.
Wages as preferred claims
Sections 21488, 21489. Transfer, etc., of business.— [Money due for labor or
service of any miner, mechanic, domestic servant, porter, hostler, seamstress,
tailor, laborer, apprentice, etc., for a period of six months preceding the sale
or transfer of the property of any person, company, or partnership, by exe­
cution or otherwise, on account of death or insolvency of the employer, shall
be a lien to be paid first out of the proceeds of the sale of real and personal
property, in an amount not exceeding $200, claims to be filed within three
months. Claims may be presented in writing at any time prior to actual sale.]
Sec. 21490. Death, etc.— [In cases of death, insolvency, or assignment, the
lien of preference above mentioned shall extend to every property of the per­
son or company concerned.]
Secs. 21491, 21492. Priority.— [The priority of such claims over other claims
except those recorded before the work was done, and over coal lease mort­
gages, is provided for.]
Secs. 21493-21496. Lumbermen's wages.— [Laborers engaged in cutting, driv­
ing, etc., saw logs, or getting out square timber, bark, etc., have a preference
for six months’ wages earned prior to the death or assignment for benefit of
creditors in case of death, assignment, or execution, the amount not to exceed
$200 for any one laborer. Owners must pay such amounts and charge the
same to the contractors, if the work was done on contract.]
Sec. 21497. Preference over rent.— [The claims of laborers for wages have
priority over a landlord’s claims for rent, where the employer holds the prop­
erty worked in or upon under lease.]

Suits for wages
Section 21498. Priority of trial.— [Claims for wages for manual labor only
shall be listed for trial in advance of other civil causes in any court in the
State.]
Sec. 21499. Stay of execution.— [No stay of execution shall be allowed in
judgments for wages for manual labor in amounts not exceeding $100.]
Sec. 21502. Appeals.— [A debtor taking an appeal from a judgment for wages
for manual labor must declare that the appeal is not taken for delay but to
remedy alleged injustice, and good and sufficient bail must be given to cover
the debt and costs if the judgment below is affirmed.]




120

LAWS RELATING TO THE PAYMENT OF WAGES

Payments of wages— Assignments
Section 21503. Semimonthly pay day.— Unless otherwise stipulated in the con­
tract of hiring, each person, firm, or corporation employing any person, other
than*at an annual salary, shall pay to such person his or her earnings or
wages semimonthly. The first payment shall be made between the first and
fifteenth day of each month, and the second pc\yment shall be made between
the fifteenth and the last day of each month.
Sec. 21504. Violations.— Any person, firm, or corporation that shall violate
any of the provisions of this act shall be guilty of a misdemeanor, and upon
conviction thereof before any alderman, magistrate, or justice of the peace
of the proper county shall be sentenced to pay a fine not exceeding one hundred
dollars ($100).
Sec. 21505. Effect.— Nothing in this act shall prohibit the payment of wages
or earnings oftener than semimonthly.
Secs. 21509, 21510. Assignments.— [No assignment of future earnings is valid
against the employer without his acceptance in writing. Assignments by a
married man must have the written consent of the wife before such acceptance
by the employer.]

Wages— Contributions to hospitals, etc.
Section 21513. Orders to retain.— It shall be the duty of any -corporation,
manufacturing establishment, or colliery to retain from and out of the wages or
earnings of any person by them employed, on his written order, any contribu­
tion or Voluntary subscription by such person, made in monthly or other
payments, for the support of any hospital or other charitable institution, and
the sum so retained to pay over upon demand to such hospital or other chari­
table institution; and any payment so made shall be as valid as if paid to
the person by whom said wages or earnings were earned: Provided, That the
hospital or charitable institution claiming the same shall give notice in writing
at least ten days before the time for the payment of said wages or earnings to
such corporation, manufacturing establishment, or colliery of the name or
names of the person or persons by them employed who have subscribed to the
support of such hospital or charitable institution and the amount by them
severally subscribed, and when or how often payable and how long to continue,
and file such subscription with said corporation, manufacturing establishment,
or colliery.

PHILIPPINE ISLANDS
ACTS OF 1909
A c t No. 1956.— Wages as preferred claims— In insolvency

Section 50. Rank.— [Debts for personal services rendered by clerks, laborers,
or domestic servants during the 60 days preceding action rank next after legal
expenses, funeral expenses of the debtor, his wife, or dependent child, and
debts due the insular, provincial, or municipal governments.]
ACTS OF 1916
A ct No. 2549.— Company stores— Payment of wages
Section 1 (as amended 1923, No. 3085). Coercion; use of tokens, etc.— It
^hall be unlawful for any person, firm, or corporation engaged in any busi­
ness or enterprise in the Philippine Islands in any manner to force, compel,
or oblige any laborer or other employee employed by him to purchase mer­
chandise, commodities, or personal property of any kind or nature from such
person, firm, or corporation, or from any other person, firm, or corporation, or
pay or cause to be paid the wages due a laborer or employee, or any part
of said wages, by means of tokens, tickets, chits, or objects other than legal
tender currency of the Philippine Islands: Provided, That any contract be­
tween employer and laborer by which the latter binds himself to accept pay­
ment of his wages or any part thereof in tokens, tickets, chits, or other
objects, and any other contract between them the direct or indirect purpose of
which shall be to defeat the purposes of this act, shall be null and void.




TEXT OF LAWS---- PORTO RICO

121

Sec. 1-a (added 1922, No. 3085). Enforcement.— It shall be the duty of the
director of labor to investigate and inspect personally or through his dele­
gates the manner in which laborers’ wages are paid not only in the cities and
other industrial centers but also on the plantations in the various parts of the
islands, and to denounce any direct or indirect violation of this act observed
in the course of such investigation or inspection.
Sec. 2 (as amended 1923, No. 3085). Violations.— [Violations are punishable
by fines, 100 to 1,000 pesos ($50 to $500), or imprisonment one month to one
year, or both.]
ACTS OF 1917
Provincial employees— Payment of wages
Section 2118. Payment in kind.— Money expendable for provincial improve­
ments of any character may, when duly authorized by the provincial board,
be used for purchasing rice or other necessaries to be sold or paid in kind,
without profit, to laborers actually engaged upon such improvements.

PORTO RICO
REVISED STATUTES AND CODES— 1911
Payment of wages in scrip— Protection of employees as traders
Section 1667. Scrip, etc., to be redeemable.— It shall be unlawful for any
corporation, company, firm, or person engaged in any trade or business, either
directly or indirectly, to issue, sell, give or deliver to any person employed as
laborer, journeyman or foreman, by such corporation, company, firm or person,
in payment of wages due such laborer, or as advances for labor not due, any
script [scrip], token, draft, check or other evidence of indebtedness, payable
or redeemable otherwise than in lawful money; and, if any such script [scrip],
token, draft, check or other evidence of indebtedness, be so issued, sold, given
or delivered to such laborer, it shall be construed, taken, and held in all courts
and places to be a promise to pay the sum specified therein in lawful money
by the corporation, company, firm, or person issuing, selling, giving, or deliver­
ing the same to the person named therein, or to the holder thereof. And the
corporation, company, firm, or person so issuing, selling, giving, or delivering
the same shall, moreover, be guilty of a misdemeanor, and, upon conviction
thereof, shall be fined not less than $25, nor more than $500, and, at the
discretion of the court, the officer or agent of the corporation, company, or
firm, or the person issuing, selling, giving, or delivering the same, may be
imprisoned not less than 10 days nor more than 6 months.
Sec. 16(58. Coercion as to trading.— If any corporation, company, firm, or
person shall coerce or compel, or attempt to coerce or compel, an employee in
its, their, or his employment, to purchase goods or supplies in payment of
wages due him, or to become due him, or otherwise, from any corporation,
company, firm, or person, such first-named corporation, company, firm, or person
shall be guilty of a misdemeanor, and upon conviction thereof shall be pun­
ished as provided in the preceding section.

CIVIL CODE
Employment of labor— General provisions
S ection 1487 (as amended 1917, Vol. II, No. 12). Termination of contract.— A
person employed for domestic service, whether for the personal service of the
head of the family or for the general service of the household, whose service
contract is for a specified time, may leave such service or be dismissed before
the expiration of the term of the contract; but if the employer dismisses the
employee subject to these conditions without sufficient cause, he shall indemnify
said employee by paying him the wages due and those for 15 additional days.
Sec. 1493. Workman can not recover, when.— A person who has bound him­
self to give his labor or industry only can not demand any payment if the work
is destroyed before it is delivered, unless there should have been delay in
receiving the same, or if the destruction should have been due to the bad
quality of the materials, provided that he may have given due notice of this
circumstance to the owner.




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LAWS RELATING TO THE PAYMENT OP WAGES

S ec. 1495. Work by piece.— A person who binds himself to do a work by
piece or by measure may demand of the owner that he receive it in install­
ments, and that he pay therefor in proportion. The part paid for shall be
presumed as approved and received.
Sec. 1502. Earnings to be paid, when.— Should there be no agreement or
custom to the contrary, the price for the work must be paid upon delivery.
Sec. 1503. Work may be retained.— A person who has executed a work on

personal property has the right to retain the same as a pledge until he is
paid therefor.
CODE OF CIVIL PROCEDURE
Exemption of wages from execution
Section 249. Amount exempt.— [The earnings of a judgment debtor for 30
days prior to the levy are exempt if shown to be necessary for the support of
a dependent family.]
ACTS OF 1917— VOLUME II

Act No. 10.— Suits for wages
Section 1 (as amended 1923, No. 12). Employee to file complaint.— When­
ever a worker or employee shall find it necessary to claim from his employer
any sum as compensation for work or labor done for said employer, he may
appear before the municipal court for the municipal judicial district where
the employer resides, on date of the claim, and file a complaint against the
said employer, which complaint shall be made out or filled in, as the case may
be, by the judge or secretary of the court, the worker or employee setting
forth therein under oath the facts upon which the claim is founded.
Sec. la (added 1923, No. 12). Definitions.— The word “ worker” as used in
this act shall comprise all manual laborers of either sex and such natural
persons as may be employed in domestic services or occupations of both sexes,
and the word “ employee ” shall comprise all kinds of artisans, employees, or
clerks of business or industry, in the general acceptation of these last- two
words.
Secs. 2-14. Rules.— [Rules of procedure for hearings and appeals are given.
Judgment is to be rendered within 24 hours after hearing, and judgment must
direct payment within 5 days. No costs accrue in this class of cases. The
commissioner of agriculture and labor is to be notified of the date of hearing,
and he may intervene through any employee under him. Mere defect in form
does not invalidate a complaint, and the widest possible latitude is to be
allowed in the introduction of evidence.]
A ct N o. 91.— Contracts of labor— Payment of wages
Section 1. Cash; discounts.— In all contracts entered into with laborers
their wages shall be paid exclusively in legal tender of the United States, and
if by special agreement, through custom or for any other reason, the laborer
should receive prior to his regular pay day any advance payment in cash, it
shall be lawful for the employer to discount such advance payment. When a
labor contract stipulates that all or part of the wages shall be paid otherwise
than in cash, the same shall be null so far as relates to the promise or agree­
ment to pay wages otherwise than in legal tender of the United States.
Sec. 2. Conditions of employment.— Employers shall not impose, directly or
indirectly, in person or through their agents, and as an express or implied con­
dition for the employment of a laborer, any stipulation relative to the place
where or the manner in which the laborer shall spend all or part of his wages,
nor compelling him to live on the employer’s property. Employers or their
agents are also prohibited from dismissing a laborer for having spent his
wages, wholly or in part, in any determined place or manner, or with a deter­
mined person, or because he does not live on the property of the employer or
his agent.
Sec. 3. Wages due weekly.— The total amount of wages due a laborer shall
be paid him in legal tender of the United States and not otherwise, at inter­
vals not to exceed one week: Provided, That when a laborer is dismissed or
retires from work during any day of the week, it shall be the duty of the
employer to pay him on the following Saturday the amount of wages earned




TEXT OF LAWS— RHODE ISLAND

123

during the days he has worked. All payments made to a laborer by an em­
ployer on account of wages, in merchandise or otherwise than in legal tender
of the United States, shall be null.
Sec. 4. Invalid defenses.— In actions instituted by laborers against employers
for the payment of wages due, the defendant can not allege delivery of mer­
chandise on account of wages as a set-off for the reduction of the amount, nor
that merchandise has been furnished him by a warehouse, depot, store, or other
establishment belonging to such employer. Neither can the defendant file a
counterclaim against the plaintiff for merchandise furnished the latter by an­
other person upon order or instruction given to the defendant, his attorney in
fact, or agent.
Sec. 5. Invalid actions.— Employers shall have no judicial action, nor shall
they institute any judicial action against laborers, for merchandise sold,
delivered, or furnished by them to said laborers while in their employ on ac­
count or for the amount of their wages, or furnished by any warehouse, depot,
or store belonging to such employer.
Sec. 6. Deductions,— In cases where the employer or his attorney in fact
makes an advance to the laborer in legal tender of the United States, he shall
have the right to deduct the sum from the wages of the laborer. However, no
retention of wages shall exceed the amount advanced. No employer shall de­
duct for any reason part of the wages earned by laborers, to be paid to other
persons, except as provided in this section.
Sec. 7. Definitions.— For the purposes of this act, “ employer” shall be
understood to be any person utilizing or availing himself of the work of any
laborer upon payment of wages; “ laborer ” shall be understood to be any
person receiving wages for his work.
Sec. 8. Violations.— The violation of any of the provisions of this act shall
constitute a misdemeanor; and subsequent violations of such provisions shall
be punished by a minimum fine of $50 or by imprisonment in jail for 30 days.

ACTS OF 1919
A ct No. 73.— Employment of women and children— Overtime pay
Section 1. Hours of women.— No woman shall be employed or allowed to
work at any lucrative occupation during the hours between 10 o’clock at night
and 6 o’clock in the morning, nor more than 8 hours during any natural
day, nor more than 48 hours during any week: Provided, however, That
the limitation of 8 hours may be extended not to exceed 9 hours during any
natural day: Provided, That any woman so employed for wages during more
than 8 hours in any natural day shall be paid for work done during such
extra time at a rate double the rate paid her for the preceding 8 working
hours; but in no case shall a woman be employed or allowed to work over
48 hours during any week.
This section shall not be applicable to women over 16 years of age employed
as telephone operators, telegraphers, artists, nurses, or domestics.

RHODE ISLAND
GENERAL LAWS OF 1923
C hapter 248.— Payment of wages
Section 25. Weekly pay day.— Every corporation other than religious, lit­
erary, or charitable corporations, and every incorporated city, but not includ­
ing towns, shall pay weekly to the employees engaged in its business the
wages earned by them to within nine days of the date of such payment, unless
prevented by inevitable casualty: Provided, however, That if at any time of
payment any employee shall be absent from his place of labor, he shall be
entitled to said payment at any time thereafter on demand.
Sec. 26. Violations.— [Penalty for violations is fine, $100 to $1,000, one-half
thereof to complainant and one-half to State; provided complaint is made
within 30 days.]
C hapter 352.— Exemption of wages from execution
Section 5. Amount.— [This section exempts from attachment on any writ
the wages of seamen, and the salary or wages due any debtor not exceeding




124

LAWS RELATING TO THE PAYMENT OP WAGES

the sum of $10, unless the debt is for necessaries, in which case the court may
exercise discretion, and also the wages of the wife and minor children of the
debtor.]
C hapter 390.— Wages as preferred claims— In insolvency
Section 58. Rank.— [Wages earned in the six months prior to proceedings,
not over $100 to each person, rank next after costs and expenses of proceed­
ings, including attorneys’ fees, and sums due the United States or the State
or a municipality.]

SOUTH CAROLINA
CODE OF 1912
C ivil Code

Payment of wages earned within the State
Section 280T. Debts payable within State.— All debts due and
due by all corporations doing business in this State, to employees
in this State for labor or services rendered to such corporations
limits of this State, shall be deemed or held to be due and payable
State.
Employment of labor

to become
who reside
within the
within this

Section 3809. Contracts to be witnessed, etc.— All contracts made between
owners of land, their agents, administrators, or executors, and laborers, shall
be witnessed by one or more disinterested persons, and, at the request of
either party, be duly executed before a magistrate whose duty it shall be to
read and explain the same to the parties. Such contracts shall clearly set
forth the conditions upon which the laborer or laborers engaged to work,
embracing the length of time, the amount of money to be paid, and when; if
it be on shares of crops, what portion of the crop or crops.
Sec. 3810. Division of crops.— [Whenever labor is performed under contract
on share of crop or crops, such crop or crops shall be gathered and divided off
before removal from the place where planted, harvested, or gathered. Such
division may be made by a disinterested person selected by the parties; or if
they fail to agree, or are dissatisfied with the divisions, by the nearest magis­
trate. A reasonable allowance must be made for such services. Debts owed
by either party to the other may be paid off in the settlement as agreed or
awarded.]
Sec. 3811. Payment in money.— Unless otherwise provided by special con­
tract, all persons who employ laborers upon plantations or elsewhere, by the
day, week, month, or year, shall pay such laborers or employees in lawful
money.
Sec. 3812 (as amended 1919, No. 20). Wages to be paid.— When any corpora­
tion carrying on any business in this State in which laborers are employed,
whose wages, under the business rule or custom of such corporation, are paid
monthly or weekly on a fixed day beyond the end of the month or week in
which the labor is performed, shall discharge any such laborer, the wages
which have been earned by such discharged laborer shall become immedi­
ately due and payable. And if not so paid within 24 hours after written
demand therefor, then such laborer shall recover in addition thereto a penalty
of as much per day for the time said wages shall remain unpaid, not exceeding
30 days, as he was receiving at the time of his discharge.
Sec. 3813 (as amended 1915, No. 44). Scrip, etc., to be negotiable.— It shall
not be lawful for any corporation, person, or firm in this State engaged in the
manufacture of cotton goods, to issue or pay out, or circulate for payment of
wages of laborers any order, check, memorandum, token, or evidence of indebt­
edness, payable in whole or in part otherwise than in lawful money of the
United States, unless the same is negotiable and redeemable at its par value,
without discount in cash or in goods, wares or merchandise, or supplies at the
option of the holder at the store or other place of business of such firm, person,
or corporation, or at the store of another person on whom such paper may be
drawn where goods, wares, or merchandise are kept for sale or sold or ex­
changed, and the person who, or the corporation, firm, or company, which may
issue any such order, check, memorandum, token, or other evidence of indebted­




TEXT OF LAWS— SOUTH CAROLINA

125

ness, shall, upon presentation and demand, at the expiration of one week
from date of delivery thereof, redeem the same in goods, wares, merchandise,
or supplies at the current cash market price of like goods, wares, merchandise,
or supplies, or in lawful money of the United States as may be demanded by
the holder of any such order, memorandum, token, or other evidence of indebt­
edness: Provided, That if said corporation, person, or firm, engaged as speci­
fied in this section have a regular pay day once in every week, then said cor­
poration, person, or firm shall not be required to redeem such token or evidence
of indebtedness in cash until the first pay day after the same becomes payable
as herein provided, and such token or evidence of indebtedness shall be pre­
sented for payment in cash only on such pay days: Provided, That the provi­
sions of this section shall not apply to agricultural contracts or advances made
for agricultural purposes.
Sec. 3814. Failure to redeem orders, etc.— Any officer or agent of any cor­
poration or any person, firm, or company engaged in the business of manufac­
turing or mining in this State, who by themselves or agent shall issue or cir­
culate in payment for wages of labor any order, check, memorandum, token,
or evidence of indebtedness, payable in whole or in part otherwise than in
lawful money of the United States without being negotiable and payable at
the option of the holder in goods, wares, merchandise, supplies, or lawful
money of the United States, as required by section 3813 or shall fail to redeem
the same when presented for payment within 30 days from the date of deliv­
ery thereof, by the said company or its agent, at his or their office or place of
business, in lawful money of the United States, or who shall compel or attempt
to coerce any employee of any such corporation, shall forfeit to the employee
or legal owner and holder of such order, check, memorandum, token, or evi­
dence of indebtedness $50 to be recovered in any court of competent juris­
diction: Provided, That in establishments for manufacturing lumber or brick
such checks shall not be redeemable in cash except on regular pay days.
C ode

of

C iv il P rocedure •

Exemption of wages from execution
S e c t io n 355. Amount.— [Earnings of a judgment debtor for 60 days prior
to execution are exempt if it is made to appear that they are necessary for the
support of a dependent family.]
C r im in a l Code

Payment of wages in scrip
S e c t io n 503. Use of scrip payable at future time.— Any person or persons
who shall offer to any laborer or employee, at the time when the wages of
such laborer or employee are due and payable by agreement, unless otherwise
provided for by special contract, as compensation for labor, or services per­
formed, checks, or scrips of any description, known as plantation checks,
payable at some future time, or in the shops or stores of employers, in lieu of
lawful money, shall be liable to indictment and punishment by a fine not ex­
ceeding $200, or by imprisonment not exceeding one year, or both, according
to the discretion of the court: Provided, The word “ checks ” herein shall not
be construed so as to prohibit the giving of checks upon any of the authorized
banks of deposit or issue in this State.

ACTS OF 1914
A c t No. 399.— Payment of wages— Railroad shop employees
S e c t io n 1. Semimonthly pay day.— All railroad corporations doing business
in this State shall pay their employees engaged in work in their shop semi­
monthly : Provided, That nothing contained in this act shall apply to railroads
owning, leasing, or operating less than 35 miles in South Carolina.
S ec. 2. Violations.— Any railroad corporation violating the provisions of sec­
tion 1 shall, upon conviction in any court of competent jurisdiction, be liable
to a fine of not more than one hundred ($100) dollars, or less than twenty-five
($25) dollars.

76982°— 26------ 9




126

LAWS RELATING TO THE PAYMENT OF WAGES

ACTS OF 1915
A c t No. 126.— Scrip— Discounting
S e c t io n 1. Discounting forbidden.— Any person, firm, or corporation who
shall acquire any trade check, payable either in money or in merchandise,
which has been given, directly or indirectly, for the payment of the wages of a
laborer, for less than the actual par value at and in which said trade check is
payable, shall be guilty of a misdemeanor, and, upon conviction thereof, shall
be punished by fine not exceeding one hundred ($100) dollars, or by imprison­
ment not exceeding 30 days.
Sec. 2. Penalty.— Any person, firm, or corporation who shall acquire such
trade check for less than its face value shall have no right to collect and
enforce the payment thereof.

ACTS OF 1916
A ct N o. 546.— Payment of wages— Weekly pay day in textile mills
S e c t io n 1. Weekly pay day required.— All corporations engaged in textile
manufacturing in this State shall have a regular pay day once in every week
for the payment of the wages which have been earned by the laborers during
the preceding week and any such manufacturing corporation refusing to have
a weekly pay day shall be guilty of a misdemeanor and upon conviction thereof
shall be fined not less than $100 nor more than $200 for each offense,

ACTS OF 1922
A c t N o. 537.— Payment of wages of textile employees
S e c t io n 1. Payment during work hours.— From and after the approval of
this act, every textile industry in this State, whether incorporated or other­
wise, shall, on its regular pay day, pay its employees who work within the
bounds of the premises owned, leased, controlled, or occupied by such textile
industry during work hours.
Sec. 2. Absent employee.— Any employee not present to receive his or her
wages in accordance with section 1 of this act shall at any time thereafter,
upon demand, receive such wages as are due to him or her.
S ec. 3. Violations.— Any person, firm, or corporation violating the provisions
of this act shall be liable for the payment of fifty ($50) dollars penalty for
each violation, to be recovered at the instance of the aggrieved party.

ACTS OF 1923
A c t N o. 148.— Earnings of minors— Fraud
S e c t io n 19. * * * Failure to pay.— Whenever any person, having a con­
tract with any corporation, company, or person, for the manufacture or change
of any raw material by the piece or pound, shall employ any minor to assist
in the work upon the faith of and by color of such contract, with intent to
cheat and defraud such minor, and, having secured the contract price, shall
willfully fail to pay the minor when he shall have performed his part of the
contract work, whether done by the day or by the job, the person so offending
shall be guilty of a misdemeanor, and upon conviction shall be fined not more
than $50 or imprisoned not more than 30 days.

SOUTH DAKOTA
REVISED CODES— 1919
Employment of labor— General provisions
[S e c t i o n s 1098, 1099, and 1102 are identical with secs. 7792, 7793, and 7796,
respectively, of the Revised Code of Montana, p. 93.]

Suits for wages— Exemptions
S e c t io n 2668. What exempt.— [Only personal property absolutely exempt is

exempt from process for laborers’ or mechanics’ wages.]




TEXT OF LAWS---- TENNESSEE

127

Exemption of wages from execution, etc.
S e c t io n 2703. Amount.— [Earnings of a judgment debtor for 60 days prior
to the order are exempt from seizure if it is made to appear that such earn­
ings are necessary to the support of a dependent family.]

Wages as preferred claims— In administration, etc.
S e c t io n 3407. Rank.— [Wage debts of servants and employees for 60 days

prior to the death of the employer rank next after funeral expenses, the ex­
penses of the last sickness, and expenses of administration.]
ACTS OF 1919
C h a p te r 297.— Payment of wages— Semimonthly pay day— Railroads
S e c t io n 1. Time of payment.— Every person, firm, or corporation operating
a public-service railroad in the State of South Dakota, shall, on or before the
first day of each calendar month, pay all their employees engaged in the per­
formance of either manual or clerical labor the wages earned by them during
the first half of the preceding month ending with the 15th day thereof, and
shall, on or before the 15th day of each calendar month, pay such employees
the wages earned by them during the last half of the preceding month: Pro­
vided, however, That if at any time of payment an employee shall be absent
from his or her regular place of labor and shall not receive his or her wages
through a duly authorized representative, such person shall be entitled to
said payment at any time thereafter upon demand upon the proper paymaster
at the place where wages are usually paid and where such pay is due: Pro­
vided, Nothing herein contained shall be construed to interfere with the daily
or weekly payment of wages.
Sec. 2. Violations.— Any person, firm, or corporation violating any of the
provisions of this act shall be punished by a fine of not less than $25 nor more
than $100.

TENNESSEE
THOMPSON’S SHANNON S CODE— 1918
Exemption of wages from execution
S e c tio n . 3794. Amount exempt. [Ninety per cent of wages or salary of $40
per month or less or $36 out of any larger monthly salary or wage shall be
exempt from execution, etc., to any resident of the State who is 18 years of
age or who is the head of a family; and no attachment or garnishment shall
affect future earnings, but only such sums as are already earned.]
Sec. 3794a. Earnings outside of State.— [Wages earned and payable outside
the State are exempt from attachment where the cause of action arose outside
of the State.]
Payment of wages
S e c t io n 4339. Monthly pay day.— All persons, firms, corporations engaged
in constructing and building railroads, or in mining coal, ore, or other minerals,
or mining and manufacturing them, or either of them, or manufacturing iron
or steel, or both, or any other kind of manufacturing, shall pay their laborers
and employees the amounts due them for their work or service in lawful money
of the United States, or by cash order as described and required in section
4342, and shall adjust accounts with their laborers and employers at least
once in every 30 days.
S ec. 4340. Provisos.— If the employer and employee fail, in their adjustment,
to agree upon the amount due the laborer, and the courts have to settle the
question in controversy, the penalty herein provided shall not apply.
Sec. 4341. Claim may be assigned.— Nothing herein contained shall affect the
right of such laborer or employee to assign, in whole or in part, his claim
against his employer.
S ec. 4341a. Assignments.— [Wage assignments to be valid must have been
assented to by the employer, in writing, at the time of execution.]




128

LAWS RELATING TO THE PAYMENT OF WAGES

S ec. 4342. Scrip to be redeemable.— It shall not be lawful for any person,
firm, company, or corporation engaged in the business set forth in section
4339, or for their clerk, agent, officer, or servant, to issue for payment of labor
any order or other paper whatever, unless the same purports to be redeemable
for its face value in lawful money of the United States, bearing interest at
legal rate, made payable to employee or bearer, and redeemable by the person,
firm, company, or corporation giving, making, or issuing the same; and any
person, firm, company, or corporation engaged in the business aforesaid, their
clerks, agents, officers, or servants, who shall be guilty of a violation of section
4339 or this section, shall be deemed guilty of a misdemeanor and, upon con­
viction, shall be fined in any sum not exceeding $200 and not less than $50 in
the discretion of the court.
S ec. 4342a. Redemption.— All persons, firms, corporations, and companies
using coupons, scrip, punch outs, store orders, or other evidences of indebted­
ness to pay their or its laborers and employees, for labor or otherwise, shall, if
demanded, redeem the same in the hands of such laborer, employee, or bona
fide holder in good and lawful money of the United States: Provided, The
same is presented and redemption demanded of such person, firm, company,
or corporation using same as aforesaid, at a regular pay day of such person,
firm, company, or corporation to laborers or employees, or if presented and
redemption demanded as aforesaid by such laborers, employees, or bona fide
holders at any time not less than 30 days from the issuance or delivery of such
coupon, scrip, punch out, store order, or other evidences of indebtedness to
such employees, laborers, or bona fide holder. Such redemption to be at the
face value of said scrip, punch out, coupon, store order, or other evidence of
indebtedness: Provided, further, Said face value shall be in cash the same as its
purchasing power in goods, wares, and merchandise at the commissary company
store or other repository of such company, firm, person, or corporation afore­
said.
S ec. 4342a-l. Right of action.— Any employee, laborer, or bona fide holder
referred to in section 1 of this act, upon presentation and demand for redemp­
tion of such scrip, coupon, punch out, store order, or other evidence of indebt­
edness aforesaid, and upon refusal of such person, firm, corporation, or com­
pany to redeem the same in good and lawful money of the United States, may
maintain in his, her, or their own name an action before any court of com­
petent jurisdiction against such person, firm, corporation, or company using
same as aforesaid for the recovery of the value of such coupon, scrip, punch
out, store order, or other evidence of indebtedness, as defined in section 1 of
this act, and if plaintiff obtains judgment in such case, it shall include a
penalty of 25 per cent, and a reasonable fee for the plaintiff’s attorney for
his services in the suit, all of which, as well as the costs, shall be taxed against
the defendant.
S ec. 4342a-2. Act construed.— Nothing herein in this act contained is to be so
construed as to legalize the issuance or use of scrip. * * *
Sec. 4342a-2a. Pay days established.— All wages or compensation of em­
ployees in private employments shall be due and payable as follows, that is
to say, all such wages or compensation earned and unpaid prior to the first
day of any month, shall be due and payable not later than the twentieth day
of the month following the one in which such wages were earned; and all
wages or compensation earned and unpaid prior to the sixteenth day of any
month, shall be due and payable not later than the fifth day of the succeeding
month.
The words “ private employment” used in this act shall mean and include
all employments except those under the direct management, supervision, and
control of the State of Tennessee, any county, incorporated city or town, or
other municipal corporation or political subdivision of the State of Tennessee,
or any officer or department thereof.
But nothing contained herein shall be construed as prohibiting the pay­
ment of wages at more frequent periods than semimonthly: Provided, That
this act shall apply only to private employments where twenty or more em­
ployees are employed.
Sec. 4342a-2al. Notice to be posted.— Every employer shall establish and
maintain regular pay days as herein provided, and shall post and maintain
notices, printed or written in plain type or script, in at least two conspicuous
places where said notices can be seen by the employees as they go to and from
the work, setting forth the regular pay day as herein prescribed.




TEXT OF LAWS— TEHNESSEB

129

Sec. 4342a-2a2. Payment in money.— The payment of wages or compensation
of employees in the employments defined herein, shall be made in lawful money
of the United States or by a good and valid negotiable check or draft, pay­
able on presentation thereof, at some bank or other established place of busi­
ness without discount, exchange, or cost of collection in lawful money of the
United States, and not otherwise.
Sec. 4342a-2a3. Absent employees.— In case an employee in any such em­
ployment shall be absent from the usual place of employment at the time said
payment shall be due and payable as hereinabove provided, he shall be paid
the wages or compensation within a reasonable time after making a demand
therefor.
S ec. 4342a-2a4. Violations.— Every person, partnership, or corporation will­
fully failing or refusing to pay the wages of any employee at the time and
in the manner provided in this statute shall forfeit to the State of Tennessee
the sum of $25 for each and every such failure or refusal, and suits for penal­
ties accruing under this act shall be brought in any court having jurisdiction
of the amount in the county in which the employee should have been paid,
or where employed. Such suit shall be instituted at the direction of the chief
of the department of workshop and factory inspection by the district attorney
general, or under his direction, for the county or district in which suit is
brought.
Sec. 4342a-2a5. Enforcement.— The department o f workshop and factory
inspection shall enforce the provisions of this act.

Protection of employees in choice of physicians
S e c t io n 6879. Restrictions as. to employment of physicians.— It shall be un­
lawful for any manufacturer, firm, company, or corporation, their agents,
clerks, or superintendents in this State, to dictate or in any manner interfere
with any employee or laborer in their rights to select their own family
physician.
Sec. 6880. Company doctor.— It shall be unlawful for any such manufacturer,
firm, company, or corporation, their agents, clerks, or superintendents, to retain
or withhold any part or portion of the wages due to any such employee or
laborer for the avowed purpose of paying the salary of any person claiming
to be the “ company doctor” without the full consent of such employee or
laborer; and the whole amount of any such wages so retained by consent shall
be paid to said company doctor or other physicians employed by said employees.
Sec. 6881. Penalty.— Any agent, clerk, or superintendent of any such firm,
company, or corporation violating the provisions of this article, shall be guilty
of a misdemeanor, and, upon conviction in any of the courts of the State having
jurisdiction, shall be fined not less than $10.

Protection of employees as traders— Company stores
S e c t io n 6882. Withholding wages.— It shall not be lawful for any manufac­
turer, firm, company, or corporation, their agents, clerks, or superintendents,
in this State who own or control a store for the sale of general store goods or
merchandise in connection with their manufacturing or other business, to
attempt to control their employees or laborers in the purchase of store goods
and supplies at the aforesaid store, by withholding the payment of wages
longer than the usual time of payment, whereby the employee would be
compelled to purchase supplies at said manufacturer’s, firm’s, company’s, or
corporation’s store.
Sec. 6883. Misdemeanor; fine.— Any manufacturer, firm, company, or corpo­
ration offending against the provisions of the last section, the same shall be
a misdemeanor, and, on conviction in any court having jurisdiction thereof,
fined not exceeding $50.
ACTS OP 1921
C h a p te r 29.— Garnishment of wages of municipal employees
S e c t io n 1. May be garnished.— [This act provides for subjecting to garnish­
ment the wages or other sums due employees of any county or municipality of
the State, with such exemptions as are allowed employees of private em­
ployers.]




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LAWS RELATING TO THE PAYMENT OF WAGES

TEXAS
CONSTITUTION
A r t i c l e 16.— Exemption of tvages from garnishment
S e c t io n 28. Current wages exempt.— No current wages for personal service
shall ever be subject to garnishment.

REVISED CIVIL STATUTES— 1911
Exemption of wages from garnishment
A r t i c l e 306. Current wages exempt.— No current wages for personal service
shall be subject to garnishment; and where it appears upon the trial that the
garnishee is indebted to the defendant for such current wages, the garnishee
shall nevertheless be discharged as to such indebtedness.

Wages as preferred claims— In receiverships
A r t i c l e 2135. Rank.— [Wage payments in receiverships rank next after costs
of the suit.]

Suits for wages— Attorneys' fees
A r t i c l e 21T8. Fee allowed, when.— [If wages are not paid 30 days after
demand, suit may be brought in the proper county; and if the full amount of
the demand is recovered, all costs may be recovered, and if an attorney is
employed a reasonable fee, not over $20, to be fixed by the court or jury.]

Exemption of wages from attachment, etc.
A rticle 3785. Current wages.— [Current wages for personal service are ex­
empt to every family from any species of forced sale.]
A r t . 3788. Same.— [This makes the same provision for persons not constit­
uents of a family.]
A r t . 3793. Exceptions.— [Claims for rent, landlord’s advances, and debts
secured by liens are not affected by the above exemptions.]

Wages of railroad employees— Notice of reduction
A r t i c l e 6620. Notice required.— All persons in the employment of such rail­
way company [any railroad company or corporation] shall be entitled to re­
ceive thirty days’ notice from said company before their wages can be reduced
by such company; and, in all cases of reduction, the employee shall be entitled
to receive from such company wages at his contract price for the full term of
thirty days after such notice is given, to be recovered in any court of competent
jurisdiction.
Art. 6621. Form, etc., of notice.— The notice referred to in the preceding
article is declared to mean thirty full days immediately prior to the day upon
which such reduction is to take effect, and may be given by posting written or
printed handbills, specifying the parties whose wages are to be reduced and the
amount of such reduction, in at least three conspicuous places in or about each
shop, section house, station, depot, train, or other places where said employees
are at work: Provided, Such employee shall, within 15 days from the date of
such notice, inform such railway company, by posting like notices as given by
such railway company, whether he will or will not accept such reduction; and,
if no such information is given such company by such employee, then such
employee shall forfeit his right to such notice, and such reduction shall take
effect from the date of such notice, instead of at the expiration of 30 days.
A r t . 6622. Penalty.— A n y ra ilw a y com pa n y viola tin g o r eva din g a n y o f the
p ro v isio n s o f the precedin g a r tic le [s ] shall p a y to each em p loyee affected
th ereb y one m on th ’s ex tra w ages, to be recovered b y such em p loyee in any
co u rt o f com peten t ju risd iction .




TEXT OF LAWS— TEXAS

131

REVISED CRIMINAL STATUES—-1911
Protection of employees as traders
A rticle 1197. Restriction forbidden.— It shall be unlawful for any person
or persons, corporation, or firm, or any agent, manager, or board of managers,
or servant of any corporation or firm in this State to coerce or require any
servant or employee to deal with or purchase any article of food, clothing,
or merchandise of any kind whatever from any person, association, corpora­
tion, or company, or at any place or store whatever. And it shall be unlaw­
ful for any such person or persons, or agent, manager, or board of managers,
or servants to exclude from work or to punish or blacklist any of said em­
ployees for failure to deal with any such person or persons, or any firm,
company, or corporation or to purchase any article of food, clothing or mer­
chandise whatever at any store or any place whatever.
A rt. 1198. Violations.— [Violations entail fine, not less than $50 nor more
than $200, for each offense.]
ACTS OF 1915
C hapter 25.— Payment of wages— Semimonthly pay day
S ection 1. Scope of law.— From and after January 1, 1916, each and every
manufacturing, mercantile, mining, quarrying, railroad, street railway, canal,
oil, steamboat, telegraph, telephone, and express company, employing more
than 10 persons, and each and every water company not operated by a munici­
pal corporation, and each and every wharf company, and every other cor­
poration engaged in any business within the State of Texas, which employs
more than 10 persons, or any person, firm or corporation engaged in or upon
any public work for the State or for any county or any municipal corporation
thereof, either as a contractor or a subcontractor, therewith, shall pay each
of its employees the wages earned by him or her as often as semimonthly
and pay to a day not more than 16 days prior to the day of payment.
An employee who is absent at the time fixed for payment, or who for any
other reason is not paid at that time, shall be paid thereafter on six days’
demand, and any employee leaving his or her employment, or discharged there­
from, shall be paid in full on six days’ demand.
Sec. 2. Violations.— Every person, partnership, or corporation, willfully fail­
ing or refusing to pay the wages of any employee at the time and in the man­
ner provided in this statute shall forfeit to the State of Texas the sum of $50
for each and every such failure or refusal, and suits for penalties ac­
cruing under this act shall be brought in any court having jurisdiction of
the amount in the county in which the employee should have been paid, or
where employed. Such suits shall be instituted at the direction of the com­
missioner of labor statistics by the attorney general or under his direction or
by* the county or district attorney for the county or district in which suit is
brought; and the attorney bringing any such suit shall be entitled to receive
and shall receive as compensation for his service therein $10 of the penalty
or penalties recovered in such suit, and the fees and compensation so allowed
shall be over and above the fees allowed to the attorney general, county or
district attorneys under the general fee act.
Sec. 3. Enforcement.— It shall be the duty of the commissioner of labor
statistics to inquire diligently for violations of this act and institute prose­
cutions and see that the same are carried to final termination and generally
to see to the enforcement of the provision fs] hereof.
C hapter 56.— Employment of women— Overtime pay
Section 1. Nine-hour day.— No female shall be employed in any factory,
mine, mill, workshop, mechanical or mercantile establishment, laundry, hotel,
restaurant or 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
females are employed, except as hereinafter provided, for more than nine
hours in any one calendar day, nor more than 54 hours in any one calendar
week: Provided, however, That in case of extraordinary emergencies, such
as great public calamities, or where it becomes necessary for the protection




132

LAWS BELATING TO THE PAYMENT OF WAGES

of human life or property, longer hours may be worked, but for such time
not less than double time shall be paid such female, with the consent of the
said female: Provided, This act shall not apply to stenographers and pharma­
cists.
Sec. la. Work in laundries.— No female shall be employed in any laundry for
more than 54 hours in one calendar week; the hours of such employment
to be so arranged as to permit the employment of such female at any time
so that she shall not work more than a maximum of 11 hours during the
24 hours’ period of one day: Provided, That if such female is employed for
more than nine hours in any one day she shall receive pay at the rate of
double her regular pay for such time as she is employed for more than nine
hours per day.
Sec. lb . Ten-hour day.— No female shall be employed in any factory engaged
in the manufacture of cotton, woolen, or worsted goods or articles of merchan­
dise manufactured out of cotton goods for more than 10 hours in any one
calendar day, nor for more than 60 hours in any one calendar week.

Provided, That if such female is employed for more than nine hours in any
one day she shall receive pay at the rate of double her regular pay for such
time as she may be employed for more than nine hours per day.

UTAH
COMPILED LAWS— 1917
Wages as preferred claims in assignments
S ection 296. Rank.— [Wages not to exceed $400 each, earned in the pre­
ceding 5 months by workmen, clerks, salesmen, and servants, rank ahead of
the claims of any other creditor of an assignor. Officers, general managers,
and members of associations or partnerships are not entitled to this pref­
erence.]
Deductions from wages for political purposes
Section 2379. Forced contributions.— * * * No corporation, public or
private, shall deduct or in any manner withhold any salaries or part of salaries
from its employees for political campaign expenses incurred in the past, pres­
ent, or to be incurred in the future. * * *

Wages as preferred claims— In receiverships, etc.
S ection 3684. Rank.— [This section provides the same preference in receiv­
ership as made for assignments by section 296.]
S ecs. 3685, 3686. Procedure; costs.— [These sections relate to procedure and
provide that costs shall be allowed the prevailing party in case of a contest
of any claim submitted.]

Suits for wages— Attorney’s fees
Section 3687. Fee allawed, when.— [In a suit for wages, if the claimant
shows that at least 15 days before bringing suit a demand was made in writiug
for a sum not greater than the amount recovered, an attorney’s fee will be
taxed as costs, not over $5 in a justice’s court, or $10 in a district court,
except in cases appealed from a justice’s court, when $25 will be allowed.]

Garnishment of wages of public employees
Section 6754. Allowance.— [Wages owed an employee of the State or a sub­
division are subject to garnishment, attachment, etc., as in case of other per­
sons.]
Exempt ton of wages from execution, etc.
Section 6923. Child's earnings.— [The earnings of a minor child of a debtor
are exempt from execution unless the debt was incurred for the special benefit
of the child.]
Sec. 6925.— Amount exempt.— [One-lialf the earnings of a judgment debtor,

earned within 30 days next preceding the levy, is exempt, on a showing that




TEXT OF LAWS— UTAH

it is necessary for the support of his family, resident in the State.
ings are $2 a day or less, $30 per month are exempt.]

133
I f the earn­

Wages as preferred claims— In administration
S e c t io n s 7666, 7667. Rank.— [Wage debts come next after funeral expenses,
expenses of last sickness, the family allowance, and costs of administration.]

Protection of employees as traders, etc.
S e c t io n 8513. Influencing employees in choice of boarding house, etc.— Every
person, body corporate, agent, manager, or employer doing business in the
State of Utah who, by coercion, intimidation, threats, or undue influence,
compels his employees to board at a particular boarding house, or to trade
with or at a particular store, shall be deemed guilty of a misdemeanor.

ACTS OF 1919
C h a p te r 71.— Payment of wages
S e c t io n 1. Payment on discharge.— Whenever an employer discharges an
employee, the wages earned and unpaid at the time of such discharge shall be­
come due and payable immediately. When any such employee not having a
contract for a definite period quits or resigns his employment the wages earned
and unpaid at the time of such quitting or resignation shall be due and payable
at the employee’s next regular pay day.
Sec. 2. Semimonthly pay day:— All wages, other than those mentioned in
section 1 of this act, earned by any person, shall be due and payable at least
twice in each month, and no person, firm, or corporation for whom such labor
has been performed shall withhold from any such employee any wages so
earned or unpaid for a longer period than 10 days after such wages become
due and payable: Provided, however, That nothing herein shall in any way
limit or interfere with the right of any employee to accept from any person,
firm, or corporation wages earned and unpaid for a shorter period than 10
days.
Sec. 3. Penalties.— In the event that an employer shall fail to pay, without
abatement or authorized deduction, then the same shall become due under the
provisions of section 1 of this act, any wages of an employee who is discharged
or who resigned or quits, as in said section 1 provided, then, as a penalty for
such nonpayment, the wages of such servant or employee shall continue from
the due date thereof at the same rate until paid:. Provided, That in no case
shall such wages continue for more than 10 days: And provided further, That
no such employee who secretes or absents himself to avoid payment to him, or
refuses to receive the same when fully tendered, shall be entitled to any benefit
under this act for such time as he so avoids payment. In the happening of
any strike, the unpaid wages of striking employees earned prior to the strike
shall become due and payable upon the employer’s next regular pay day, and,
if then paid or tendered, the provisions of this section shall have no application.
S ec. 4. Times of payment.— All wages or compensation of employees in pri­
vate employments shall be due and payable semimonthly; that is to say, all
such wages or compensation earned and unpaid prior to the first day of any
month shall be due and payable not later than the 10th day of the month fol­
lowing; and all wages or compensations earned and unpaid prior to the 16th
day of any month shall be due and payable not later than the 25th day of
the same month. The words “ private employments ” as used in this act
shall mean and include all employments other than those mentioned in sec­
tion 8 hereof and those under the direct management, supervision, and control
of the State of Utah, any county, city and county, incorporated city or town,
or other municipal corporation or political subdivision of the State of Utah,
or any officer or department thereof. But nothing contained herein shall be
construed as prohibiting the payment of wages at more frequent periods than
semimonthly.
Sec. 5. Medium.— The payment of wages or compensation of employees in the
employments defined herein shall be made in lawful money of the United
States, or by a time chcck which is paid when presented at the office or by a
good and valid negotiable check or draft, payable on presentation thereof at




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LAWS RELATING TO THE PAYMENT OF WAGES

some bank or other established place of business, located in this State, without
discount, in lawful money of the United States, and not otherwise.
Sec. 6. Absent employees.— In case an em p loyee in any said em ploym ent
shall be absent fr o m the usual p la ce o f em p loym ent at the tim e said paym ent
shall be due and p a ya b le as h ereinabove p rovided he shall be pa id th e w a ges
o r com pen sation w ith in five days a fte r m akin g dem and th erefor.
S ec. 7. Violations.— Any person or any agent of any person, copartnership,

association, or corporation who shall willfully refuse to pay the wages due
and payable when demanded, as herein provided, or shall falsely deny the
amount or validity thereof, or that the same is due, with intent to secure, for
himself or any other person, any discount upon such indebtedness, or with
intent to annoy, or harass, or oppress, or hinder, or delay, or defraud the
person to whom said indebtedness is due, shall be guilty of a misdemeanor:
Provided, That in any prosecution under this section any judgment rendered
in a civil action brought to recover wages claimed to be due shall not be
admitted in evidence as proof of said intent.
Sec. 8. Exemptions.— None of the provisions of this act shall apply to the
State, or to any county, city and county, incorporated city or town, or other
municipal corporation, or to employers and employees engaged in farm, dairy,
agricultural, viticultural, or horticultural pursuits, banks, and mercantile
houses (or other employment where an agreement exists between an employer
and employee providing for different terms of pay), in stock or poultry rais­
ing, or in household domestic service.
Sec. 9. Enforcement.— The State industrial commission shall enforce the pro­
visions of this act.

VERMONT
GENERAL LAWS— 1917
Exemption of wages from garnishment— Assignments
S e c t io n 1944 (as amended 1919, No. 74). Amount exempt.— [Only wages in
excess of $10 for work done prior to proceedings may be garnished; and the
earnings of a defendant’s wife or minor children are exempt. Wages of an
employee residing and rendering service outside the State are similarly exempt
if the law of the State of his residence provide exemption in an equal amount.]
Sec. 1945. Debts due employees.— [Where a principal defendant owes work­
men for services under the contract out of which the indebtedness arises, the
amount of such debts shall be exempt from process.]
Sec. 1946. Future earnings.— [Assignments of future earnings are not valid

as against process unless made in writing to secure the payment of a prior or
concurrently* contracted debt, or of a debt for necessaries to be thereafter fur­
nished. Such assignment must be recorded in the office of the town clerk.]
Suits for wages— Property worked on not exempt— Attachments
S e c t io n 2439. Exemptions.— [This section declares the exemptions allowed a
judgment debtor, but provides that no personal property is exempt from attach­
ment on account of money owed for material or labor expended thereon,]
Sec. 2824. Rank of attachments.— If a person or company is compelled to stop
business by reason of attachment upon mesne process, and does not resume
business within thirty days, and is indebted to an employee for wages, said
employee may attach the same property upon his debt, and the attachment shall
take precedence over such prior attachment to an amount not exceeding fifty
dollars, if made before sale thereof on execution.

Wages as preferred claims
S e c t io n 3376. Administration.— [Wages due workmen, clerks, or servants,
earned within 3 months prior to the employer’s death, and not exceeding $50
to each claimant, rank ahead of debts due other creditors, but after funeral
expenses, the cost of a headstone not exceeding $25, expenses of the last sick­
ness, taxes, and debts due the State and the United States.]
Sec. 4970. Mortgage on corporation property.— [No mortgage or lien on the
property of a corporation can supersede the claims of wage earners for wages
earned within the 3 months prior to the filing of such mortgage or lien, Em ­




TEXT OF LAWS— VERMONT

135

ployees receiving not over $1,500 per year are within the provisions of this
section.]
Railroad const mctionr—Wage debts of contractors
S ection 5153. Liability of corporations.— [Bailroad corporations must require
of contractors for construction security for the wage debts of such contractors;
and if wages are not paid, the corporation is liable on presentation of any
claim of a day laborer within 40 days after the performance of the labor for
which the claim is made.]
Payment of wages
Section 5851.Employee.— The word “ employee as used in the four follow­
ing sections, shall mean a mechanic, workingman, or laborer who works for
hire.

Sec. 5852. Weeldy payments.— A mining, quarrying, manufacturing, mercan­
tile, telegraph, telephone, railroad, or other transportation corporation, and an
incorporated express, water, electric light, or power company, doing and trans­
acting business within the State, shall pay each week, in lawful money, each
employee engaged in the business, the wages earned by such employee to a
day not more than six days prior to the date of such payment: Provided, That
if at any time of payment an employee is absent from his regular place of
labor, he shall be entitled to such payment upon demand.
Sec. 5853. Payment in scrip, etc.— Such a corporation shall not pay its em­
ployees in scrip, vouchers, duebills, or store orders, unless it is a cooperative
corporation in which the employee is a stockholder; but such cooperative corpo­
ration shall, upon request of any such share-holding employee, pay him as
provided in the preceding section.
Sec. 5854. Assignment of future wages.— An assignment of future wages
payable under the provisions of the second preceding section shall not be valid,
if made to the corporation from whom such wages are to become due, or to
anyone in behalf of such corporation, or if made or procured to be made to
anyone for the purpose of relievijig such corporation from the obligation to
pay under the provisions of the second preceding section. Such a corporation
shall not require an agreement from an employee to accept wages at any other
period as a condition of employment.
Sec. 5855. Penalty; procedure.— Such a corporation, its lessee, or other

person carrying on the business thereof, that fails to pay the wages of an em­
ployee as provided by the second and third preceding sections shall forfeit
to the State $50 for each such failure, to be recovered in an action of tort,
on this statute, by the State’s attorney of the county in which such violation
occurs, and in his name; but an action shall not be maintained therefor, until
the State’s attorney has given the employer 10 days’ notice in writing that
such action will be brought if the wages are not paid as provided by such
sections.
Sec. 5856. Redemption of checks, etc.— A person, partnership, or corporation
using checks, other than bank checks, slips, duebills, or other device to repre­
sent money in the payment of wages or other debt or obligation due an em­
ployee or servant of such person, partnership, or corporation, shall pay the face
value thereof to the holder in money of account, on the regular pay day of
such person, partnership, or corporation; and such obligations shall be re­
deemable at intervals of not more than one month. If such employee or serv­
ant is discharged during the month, such checks, slips, duebills, or other de­
vice shall be redeemed at their face value in money of account on the day of
his discharge.
Sec. 5857. Forfeiture.— A person, partnership, or corporation refusing to
redeem such obligations, as provided in the preceding sections, shall forfeit
to the person injured twice the value thereof, to be recovered in an action of
tort, on this statute.
Wages as preferred claims— In insolvency
[This law, though not reproduced in the General Laws, is said still to be in
force. See G. L., p. 497. The provision here noted is found in sec. 2513, Pub.
Stats. 1906.]
Rank.— [Wages, not in excess of $50, for work done within the six months
prior to the adjudication, rank next after costs, and debts and taxes due the
United States and the State.]




136

LAWS RELATING TO THE PAYMENT OF WAGES

VIRGINIA
CODE OF 1919
Payment of wages
S e c t io n 1818 (as amended 1918, ch. 389). Who to pay semimonthly.— A ll per*
sons, firms, corporations, or associations in this Commonwealth engaged in
operating railroad shops, maintaining railroad and steamship offices, mining
coal, ore, or other minerals, or mining and manufacturing them, or either of
them, or manufacturing iron or steel, or both, or any other kind of manufactur­
ing, shall pay their employees engaged in the employments aforesaid as pro­
vided in this act.
All persons, firms, companies, corporations, or associations engaged in any
of the business aforesaid shall regularly settle with such employees at least
twice in each month, and at such times pay them the amounts due them for
their .work or services in lawful money of the United States, or by check, or
by cash order, as described and required in section 3 of this act: Provided,
That nothing herein contained shall affect the right of any employee to assign
the whole or any part of his claim against his employer: Provided, however,
That the semimonthly payment of wages requirement of this act shall not
apply to excelsior mills or sawmills; but the employers of labor engaged in such
enterprises shall settle with their employees at least once in each month.
Sec. 1819 (as amended 1918, ch. 389). Orders.— It shall not be lawful forany person, firm, company, corporation, or association, engaged in the business
aforesaid, their clerk, agent, officer, or servant in this State to issue for pay­
ment of such labor at such times any order or other payment whatever unless
the same purports to be payable or redeemable for its face value in lawful
money of the United States, such order to be made payable on demand and
without condition to employees, or bearer, bearing interest at legal rate, and
redeemable by the person, firm, company, corporation, or association giving,
making, or issuing the same. Any such person, firm, company, corporation, or
association engaged in any of the business aforesaid, at other times than at
such regular settlements upon the faith and credit of labor to be performed
or performed but not to be paid for under the contract of hiring until a future
date, may in payment or in part payment therefor, upon request of any em­
ployee, issued to such employees nontransferable orders upon himself or itself,
or upon another, payable in merchandise only or nontransferable coupons or
tokens payable and redeemable in merchandise only: Provided, That upon or
in the face of each such order or upon or in the holder or container to which
such coupons or tokens are attached there is legibly and plainly written or
printed the binding promise of such employer to pay such employee in lawful
money of the United States or by check the unused portion or part, if any,
of such order in his possession or the unused coupons or tokens, if any in
such holder or container in his possession, upon demand and upon surrender
thereof by him, at such regular settlement date, not later than one month
from the date thereof. Any person, firm, company, corporation, or association,
engaged in the business aforesaid, their clerks,, agents, officers, or servants,
who shall issue for payment of labor any paper or order, other than the ones
herein specified, or who shall, upon demand and surrender thereof by an em­
ployee refuse to pay for or issue check to such employee for such unused
part or portion of such nontransferable order or unused nontransferable coupon
or token at such regular settlement date, in violation of this section, shall be
deemed guilty of a misdemeanor, and upon conviction, shall be fined in any
sum not exceeding $100, in the discretion of the court.
Sec. 1820 (as amended 1918, ch. 389). Company stores.— It shall be unlawful
for any person, firm, company, corporation, or association engaged in operating
railroad shops, maintaining railroad and steamship offices or mining or manu­
facturing, or either of them, as aforesaid, and who shall likewise be either
engaged or interested directly or indirectly, in merchandising, as owner or
otherwise, in any money per centum profit or commission arising from the
sale of any such merchandise, their clerks, servants, officers, or agents to
knowingly or willfully sell, or cause to be sold, to any such employees any
goods, merchandise, or supplies whatever for a greater per centum of profit
than merchandise and supplies of like character, kind, quality, and quantity
are sold to other customers, buying for cash and not employed by them; and
shall any person or member of any firm, company, corporation, or association,




TEXT OF LAWS— WASHINGTON"

137

his or their clerk, agent, or servant violate this act, they shall be guilty of a
misdemeanor, and upon conviction, shall be fined in any sum not exceeding
$100, in the discretion of the court.
Rates of wages of laborers at salvage
S ection 3604. How rate determined.— The laborers employed in saving such

property shall be paid a reasonable sum for their services. If the parties inter­
ested do not agree on what is to be so paid, the owner of the property or his
agent may choose one person, and the commission of wrecks another, to deter­
mine what is to be paid said laborers and their award, or if they disagree the
award of an umpire chosen by them, being made in writing, shall be binding on
the said laborers and the owner.
Suits for wages— Exemptions— Garnishment
S ection 6531. Heads of families.— [Exemptions allowed heads of families
do not extend to debts owed for services rendered by a laboring person or
mechanic.]
S ec. 6555. Wage exemptions.— [Wages due a laboring man who is head of a
family are exempt from execution, etc., in an amount not exceeding $50 per
naonth.]
Sec. 6558. Minors.— [The wages of minors are not subject to garnishment,
etc., for the debts of parents.]
S ecs . 6559, 6560. Public employees.— [Wages and salaries of employees of
the State, other than State officers, are subject to garnishment unless other­
wise exempted, the customary process being served on the person charged
with the payment of such wages or salary.]

ACTS OF 1922
C h a pter 268.— Payment of wages due deceased employees
S ection 1. Payment to next of kin.— * * * When there is due from
any employer to a deceased employee, upon whose estate there has been no
qualification, a sum not exceeding $300, it shall be lawful for such * * *
employer, after 120 days from the death of said person, to pay said balance
to his next of kin, whose receipt therefor shall be a full discharge and
acquittance * * *

WASHINGTON
REMINGTON & BALLINGER’S CODES AND STATUTES— 1910
Suits for wages— Exemptions— Preferences
S ection 533. Homesteads.— [Homesteads are subject to execution in satis­
faction of judgments for mechanics and laborers’ liens.]
S ec . 637. Wages exempt.— [The earnings of a judgment debtor for 60 days
next preceding action are exempt from execution if shown to be necessary for
the support of a dependent family.]
Sec. 703. Garnishment.— [Current wages for personal service to the amount
of $100 are exempt from garnishment where the debtor has a dependent family;
but if the debt is for necessaries furnished the defendant or his dependents
the exemption shall not exceed $10 out of each week’s salary or wages for not
more than 4 consecutive weeks.]
Sec. 1204. Preference in assignments.— [Wages earned within 60 days pre­
ceding an assignment or insolvency proceedings, not exceeding $100 each, are to
be paid before any other claims.]
Sec. 1205. Administration.— [In case of death, wages earned in the 60 days
prior thereto, not exceeding $100 in amount, rank next after .funeral expense®,
expenses of last sickness, of administration, and allowances to the widow and
children. (See sec. 1568, below.)]
Sec. 1206. Executions, etc.— [I n cases o f execu tion s, attachm ents, etc., fo r
oth e r than fo r la b o r done, cla im s f o r w a ges f o r 60 days, n ot ov er $100, are to
be p a id first fr o m th e p roceed s o f th e sa le.]




138

LAWS RELATING TO THE PAYMENT OF WAGES

Sec. 1568. Decedents.— [In settling estates of deceased employers, wage
claims for labor performed within 90 days preceding the death are to be paid
after funeral expenses, expenses of last sickness, and debts having preference
by the laws of the United States. (See sec. 1205, above.)]

Payment of wages in scrip
S e c t io n 6560. Scrip to be redeemable.— It shall not be lawful for any cor­
poration, person, or firm engaged in manufacturing of any kind in this State,
mining, railroading, constructing railroads, or any business or enterprise of
whatsoever kind in this State, to issue, pay out or circulate for payment of
wages of any labor, any order, check, memorandum, token, or evidence of
indebtedness, payable in whole or in part otherwise than in lawful money of
the United States, unless the same is negotiable and redeemable at its face
value, without discount, in cash or on demand, at the store or other place of
business of such firm, person, or corporation when [where] the same is issuad,
and the person who, or company which may issue any such order, check, memoradum, token or other evidence of indebtedness shall upon presentation and
demand redeem the same in lawful money of the United States. And when
any laborer performing work or labor as above shall cease to work whether by
discharge or by voluntary withdrawal the wages due shall be forthwith paid
either in cash or by order redeemable in cash at its face value or present­
ment at bank, store, commissary, or other place in the county where the labor
was performed: Provided, Such order maj be given payable in another county
when the place of employment is more convenient of access to the employee.
Sec. 6561. Violations.— [Failure to comply with the provisions of this act
entails a fine not exceeding $300, or upon failure to pay such fine, imprison­
ment until the fine is exhausted.]
Sec. 6562. Attorneys’ fees.— Whenever any person or persons, company, or
corporation, is compelled to sue for the recovery of the face value of check,
memorandum, token, or evidence of indebtedness, issued or circulated for the
payment of wages for labor, by reason of the failure of any person, firm, com­
pany, or person [corporation] issuing the same, failing or refusing to pay the
same on demand, as provided by section 6560 of this chapter, then in such
case, if judgment should be granted the plaintiff, the court shall tax an at­
torney’s fee of not less than $10 nor more than $25 to said judgment,
and the further sum of $25 as damages to the plaintiff, suffered by
the plaintiff by reason of being compelled to sue the said claim : Provided,
That no plaintiff shall recover more than the face value of his said claim
where the payment is refused by reason of a dispute as to the ownership
of the said claim, or where it appears satisfactorily to the court or jury
that the defendant had a sufficient excuse for the refusal of the payment of
the said claim, the burden to prove the said sufficient excuse being on the
defendant; and should the court or jury find such sufficient excuse, the same
is to be specified in the judgment or verdict of said court or jury.

Assignments of wages
S e c t io n 6563. Employer to accept.— No assignment of, or order for, wages to
be earned in the future to secure a loan of less than three hundred dollars,
shall be valid against an employer of the person making said assignment or
order unless said assignment or order is accepted in writing by the employer,
and said assignment or order, and the acceptance of the same, have been filed
and recorded with the county auditor of the county where the party making
said assignment or order resides, if a resident of the State, or in which he is
employed, if not a resident of the State.
Sec. 6564. Wife to join.— No assignment of, or order for, wages to be earned
in the future shall be valid, when made by a married man, unless the written
consent of his wife to the making of such assignment or order is attached
thereto.

Railroad employees— Purchase of uniforms
S e c t io n 8727. Employees not to be restricted in buying.— It shall be unlawful

for any railroad or other transportation company doing business in the State
of Washington, or of any officer, agent, or servant of such railroad or other
transportation company, to require any conductor, engineer, brakeman, fire­
man, purser, or other -employee, as a condition of his continued employment,




TEXT OP LAWS— WASHINGTON

133

or otherwise to require or compel, or attempt to require or compel, any such
employee to purchase of any such railroad or other transportation company
01* of any particular person, lirm, or corporation or at any particular place or
places, any unifom or other clothing or apparel, required by any such railroad
or other transportation company to be used by any such employee in the per­
formance of his duties as such; and any such railroad or transportation com­
pany or any officer, agent, or servant thereof, who shall order or require any
conductor, engineer, brakeman, fireman, purser, or other person in its employ,
to purchase any uniform or other clothing or apparel as aforesaid, shall be
deemed to have required such purchase as a condition of such employee’s
continued employment.
Sec. 8T28. Violations.— [Penalties are fines, $100 to $500, or imprisonment
not exceeding six months.]
ACTS OF 1919
C h a p te r 191.— Employment of labor— Seasonal employment
S e c t io n 1. Definition.— For the purpose of this act the term “ seasonal
labor ” shall include all work performed by any person employed for a period
of time greater than one month and where the wages for such work are not
to be paid at any fixed interval of time, but at the termination of such em­
ployment, and where such person is hired within this State for work to be
performed outside the State and the wages earned during said employment
are to be paid in this State at the termination of such employment: Provided,
That this act shall not apply to wages earned by seamen or other persons
where the payment of their wages is regulated by Federal statutes.
Sec. 2. Contracts.— Every contract for seasonal labor shall be in writing
and signed by the employer and the employee, and may provide for advances
of moneys to be earned under such contract or for the furnishing of supplies
to the employees before the wages are earned, and for the payment of money
or the furnishing of supplies during the season.
Sec. 3. Fraud.— Every employee who with intent to defraud shall have se­
cured advances of money or supplies under a contract for seasonal labor and
who with intent to defraud shall willfully fail to perform sufficient labor to
compensate for such advances and supplies made under such contract shall be
guilty of a gross misdemeanor.
Sec. 4. Disputes.— Upon the written petition of either the employer or the
employee setting forth in ordinary and concise language the facts and ques­
tions in dispute, the commissioner of labor shall, in person or by his duly
authorized deputy, and is hereby authorized to hear and determine all dis­
putes concerning wages earned at seasonal labor, and allow or reject deduc­
tions made from such wages for moneys advanced or supplies furnished before
the wages are earned for money paid or supplies furnished during the season
or for money paid to third persons upon the written order of the employee.
Sec. 5. Hearings.— Upon the filing of any such petition, the commissioner of

labor shall notify the other party to the dispute of the time and place when
and where such petition will be heard, and may set said petition for a hearing
before a regularly appointed deputy at such place in the State as he shall
determine is most convenient for the parties, and the commissioner or his
deputy shall have power and authority to issue subpoenas to compel the attend­
ance of witnesses and the production of books, papers, and records at such
hearing, and to administer oaths. Obedience to such subpoena shall be enforced
by the courts of the county where such hearing is held.
Sec. 6. Findings.— The commissioner of labor, or his deputy holding the
hearing, shall, after such hearing, determine the amount due from the em­
ployer to the employee, and shall make findings of fact and an award in
accordance therewith, which findings and award shall be filed in the office
of the commissioner of labor, and a copy thereof served upon the employer
and upon the employee by registered mail directed to their last known postoffice address.
Sec. 7. Appeal.— Any person feeling himself aggrieved by the finding or
award of the commissioner of labor may, as in the preceding section provided,
have the right of appeal therefrom to the superior court of the county in which
the hearing by the commissioner of labor or his deputy was held by filing
a notice of appeal therefrom in the office of the commissioner of labor within
thirty days from the date of the findings and award, and upon the filing of
any such notice of appeal the commissioner of labor shall transmit to the




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LAWS RELATING TO THE PAYMENT OF WAGES

clerk of the superior court to which the appeal is taken the original petitioti
and all exhibits and written evidence filed at the hearing and the original
findings and award of the commissioner, and such appeal shall be set down
for hearing and shall be heard de novo by the court as appeals from justices
of the peace are heard, and the clerk of the court shall notify the parties to
the dispute, by mail addressed to their last known place of residence, of the
time and place of such trial upon appeal.
Sec. 8. Suits.— In ca se no appeal is taken fro m th e a w a rd o f the com m is­
sion er and suit shall be b rou gh t upon the con tra ct fo r season al la b o r in any
cou rt o f com petent ju risd iction , the findings and a w a rd o f the com m ission er
m ade in any proceedin g under this a ct at a h earing at w h ich both p a rties to
such su it shall h ave appeared m ay be in trod u ced in evid ence in such suit fo r
the in form a tion o f the cou rt in w h ich the suit is pending, and m ay, in th e dis­
cretion o f the cou rt, be subm itted to the ju r y as a p a rt o f the evid ence in
th e ca s e ; but such findings and a w a rd sh all not be con clu sive or binding upon
the co u rt or the ju r y in any such case.

WEST VIRGINIA
CODE OF 1913— SUPPLEMENT OF 1918
Payment of icages on discharge
Section 526- c. Wages to continue.— Whenever any employer of labor shall
hereafter discharge his or its employees without first paying them the amount
of any wages or salary then due them in cash, lawful money of the United
States, or its equivalent or by check or draft, within seventy-two hours after
demand, or shall fail or refuse to pay them in like money, or its equivalent or
by check or draft, the amount of any wages or salary at the time the same be­
comes due and owing to them under their contract of employment, whether em­
ployed by the hour, day, week, or month, each of his or its employees so dis­
charged may charge and collect wages in the sum agreed upon in the contract
of employment for each day his employer is in default, until he is paid in
full, without rendering any service therefor: Provided, however, He shall cease
to draw such wages or salary, thirty days after such default. Every employee
shall have such lien and all other rights and remedies for the protection and
enforcement of such salary or wages as he would have been entitled to had he
rendered service therefor in manner as last employed. This section shall not
apply in case of bankruptcy, assignment, or other legal disability of the em­
ployer to pay for any wages so due and owing, or in case of shut down or
other cessation of operations.
Sec. 526-d. Violations.— [Penalties for offenses under this act are fines of
$10 to $50 for the first offense, and $25 to $200 for second and subsequent
offenses. Coal mining operations are not included under this act.]

Payment of wages— Company stores
S e c t io n 534. Application of law.— All persons, firms, corporations or associa­
tions, in this State, engaged in mining coal, ore or other minerals, or mining
and manufacturing them, or either of them, or manufacturing iron or steel, or
both, or any other kind of manufacturing, shall pay their employees as pro­
vided in this act.
Sec. 535. Biweekly pay day.— All persons, firms, companies, corporations or
associations, engaged in the business aforesaid, shall settle with their em­
ployees at least once in every two weeks unless otherwise provided by spe­
cial agreement, and pay them the amount due them for their work or services
in lawful money of the United States, or by the cash order as described
and required in the next succeeding section of this act: Provided, That noth­
ing herein contained shall effect the right of an employee to assign the whole
or any part of his claim against his employer.
Sec. 538. Ref usal to pay wages.— If any firm, company, corporation or asso­
ciation shall refuse for the space of twenty days to settle and pay any of their
said employees at the intervals of time as provided in section two of this act,
or shall neglect or refuse to redeem any cash orders herein provided for, within
the time specified, if presented, and suit should be brought for the amount
overdue and unpaid, judgment for the amount of said claim proven to be due
and unpaid, with legal interest thereon until paid, shall be rendered in favor
of the plaintiff in such action: Provided, further, That the cash order herein




TEXT OF LAWS— WEST VIRGINIA

141

provided for, given for payment of labor, if the laborer continues to hold the
same, in case of the insolvency of the company, or person, or firm, or corpora­
tion giving same, such laborer shall not lo£e his lien and preference under
existing laws.
Sec* 539 (as amended 1925, ch. 87). Payment in money.— It shall be un­
lawful for any corporation, company, firm, or person, engaged in any trade or
business, either directly or indirectly, to issue, sell, give, or deliver to any per­
son employed by such corporation, company, firm, or person, in payment of
wages due such laborer, or as advances for labor not due, any scrip, token,
draft, check, or other evidence of indebtedness, payable or redeemable other­
wise than in lawful money; and if any such scrip, token, draft, check, or other
evidence of indebtedness, be so issued, sold, given, or delivered to such laborer
it shall be construed, taken, and held in all courts and places, to be a promise
to pay the sum specified therein in lawful money by the corporation, company,
firm, or person issuing, selling, giving, or delivering the same to the person
named therein, or to the holder thereof. And the corporation, company, firm,
or person so issuing, selling, giving, or delivering the same shall, moreover, be
guilty of a misdemeanor, and upon conviction thereof shall be fined not less
than twenty-five dollars, nor more than one hundred dollars, and at the dis­
cretion of the court, the officer or agent of the corporation, company, or firm,
or the person issuing, selling, giving, or delivering the same, may be impris­
oned not less than ten nor more than thirty days: Provided, That any such
corporation, company, firm, person, or association, engaged in any of the busi­
nesses aforesaid, at other times than at the regular pay day settlements, upon
the faith and to credit of labor to be performed but not to be paid for under
the contract of hiring until a future date, may, in payment or part payment
therefor, upon request of any employee, issue to such employee, nontransferable orders upon himself or itself, or upon another, payable in merchandise
only; or nontransferable coupons or tokens, payable and redeemable in mer­
chandise only: Provided further, That it be shown upon the face of said order
that such employer agrees to pay the employee in lawful money of the United
States or by check the unused portion or part, if any, of such order in posses­
sion of the holder, or the unused coupons or tokens, if any, of such holder, in
his possession, upon demand and surrender thereof by him at such regular set­
tlement day or pay days according to the issuance thereof when the same
would be due in cash had not said order or token been issued.
Sec. 540. Restriction in trading.— It any corporation, company, firm, or per­
son shall coerce or compel, or attempt to coerce or compel an employee in its,
their, or his employment, to purchase goods or supplies in payment of wages
due him, or to become due him, or otherwise, from any corporation, company,
firm, or person, such first-named corporation, company, firm, or person shali
be guilty of a misdemeanor, and upon conviction thereof shall be punished as
provided in the preceding section. And if any such corporation, company, firm,
or person shall directly or indirectly sell to any such employee in payment of
wages due or to become due him, or otherwise, goods or supplies at prices
higher than the reasonable or current market value thereof at cash, such cor­
poration, company, firm, or person shall be liable to such employee, in a civil
action, in double the amount of the charges made and paid for such goods or
supplies in excess of the reasonable or correct value in cash thereof.
Exemption of wages— Unlawful assignment of claims
S e c t io n 1665. Assigning claims for collection outside of State.— It shall be
unlawful for any person to institute, or permit to be instituted, proceedings in
his own name, or in the name of any other person, or to assign or transfer,
either for or without value, any claim for debt or liability of any kind held by
him against a resident of this State for the purpose of having payment of the
same, or any part thereof, enforced out of the wages that may be exempted
by * * . * the Code of West Virginia by proceedings in attachment or gar­
nishment, in courts, or before justices of the peace, in any other State than in
the State of West Virginia; or to send out of this State by assignment, trans­
fer, or in any other manner whatsoever, either for or without value, any
claim or debt against any resident thereof, for the purpose or with the intent
of depriving such person of the right to have his wages exempt from distress
levy or garnishment according to the provisions * * * of the Code of West
Virginia.

76982°— 26-------10




142

LAWS RELATING TO THE PAYMENT OF WAGES

Payment of wages— Semimonthly pay day— Railroads
S e c t io n 3024f. Pay days established.— Every railroad company authorized
to do business by the laws of the State of West Virginia, shall, on or before the
first day of each month, pay the employees thereof the wages earned by them
during the first half of the preceding month, ending with the fifteenth day
thereof; and on or before the fifteenth day of each month, pay the em­
ployees thereof the wages earned by them during the last half of the preceding
calendar month: Provided, however, That if at any time of payment any
employee shall be absent from his or her regular place of labor, and shall
not receive his or her wages through a duly authorized representative, he
or she shall be entitled to said payment at any time thereafter upon demand
upon the proper paymaster at the place where such wages are usually paid
and at the place when the next pay is due and the proper mailing in the
United States post office of such payment in time to reach the usual post
office of the employee by the time aforesaid in the usual course of the mails,
shall be a compliance with this act. Any such railroad company which shall
violate any of the provisions of this act shall forfeit and pay the sum of
twenty-five dollars for each violation of this act, which shall be proved to
be recoverable in any court having jurisdiction, by suit, in the name of the
State, to be instituted by the prosecuting attorney, upon complaint of the party
injured by such violation, and in the county of his residence, and all penalties
so recovered shall be paid into the general school fund of the State: And pro­
vided, That suit must be commenced within sixty days from the date such
wages became payable according to the tenor of this act.
Sec. 3024g. Agreements forbidden.— It shall not be lawful for any railroad
company to enter into or make any agreement with any employee for the
payment of wages of any such employee otherwise than as provided in section
3024f of this act; except it be to pay such wages at shorter intervals than
herein provided. Every agreement made in violation of this act shall be
deemed to be null and void, and it shall not be a defense to the suit for the
penalty provided for in section 3024f of this act; and each and every employee
with whom any agreement in violation of this act shall be made by such rail­
road company shall have his or her action and right of action against such
railroad company for the full amount of his or her wages in any court of com­
petent jurisdiction of this State: Provided, That nothing in this act shall be so
construed as to interfere with the right to withhold from the wages of the
employees all assessments becoming due to any relief department, hospital
association, savings department, or any other department or association main­
tained by any such railroad company or its employees.

WISCONSIN
STATUTES OF 1923
Contracts of employment— Termination— Wage payment
S e c t io n 103.17. Mutual forfeit.— Any person or corporation engaged in man­
ufacturing, which requires from persons in his or its employ, under penalty of
forfeiture of a part of the wages earned by them, a notice of intention to leave
such employ, shall be liable to the payment of a like forfeiture if he or it
discharges, without similar notice, a person in such employ except for inca­
pacity or misconduct, unless in case of a general suspension of labor in his
or its shop or factory or in the department thereof wherein such employee is
engaged.
Sec. 103.39. Semimonthly payment of wages.— (1) Every corporation organ­
ized for pecuniary profit engaged in any enterprise or business within the State
of Wisconsin, excepting corporations owning or operating hospitals and sanatoriums for the care of sick or insane persons, shall as often as on the fifteenth
and on the last day of each month pay to every employee engaged in its busi­
ness, except to those employees engaged in lumbering and logging operations,
all wages or salaries earned by such employee to a day not more than sixteen
days prior to the date of such payment. Any employee who is absent at the
time fixed for payment or who for any other reason is not paid at that time
shall be paid thereafter at any time upon six days’ demand and any employee
leaving his or her employment or discharged therefrom shall be paid in full




TEXT OF LAWS---- WISCONSIN

143

following his or her employment at any time upon three days’ demand. No
corporation coming within the meaning of this act shall by special contract
with employees or by any other means secure exemption from the provisions
of this act and each and every employee of any corporation coming within
the meaning of this act shall have his or her right of action against any such
corporation for the full amount of his or her wages due on each regular pay
day as herein provided, in any court of competent jurisdiction. Whenever
such regular payments cover wages earned to a date more than eight days
prior to the day of payment in the event the day fixed for the semimonthly
payment falls on Sunday or a holiday, payment shall be made on the previous
business day. Any corporation owning or operating any hospital or sana­
torium for the care of sick or insane persons shall give the same number of
days’ notice of its intention to discharge any employee as it requires such
employee to give before being permitted to quit its service unless such employee
is discharged because of a serious infraction of a rule.
(2)
Any corporation violating the provisions of this act shall be deemed
guilty of a misdemeanor and upon conviction thereof shall be punished by a
fine of not less than twenty-five dollars or more than one hundred dollars for
each separate offense and each and every failure or refusal to pay each em­
ployee the amount of wages due him or her at the time, or under the condi­
tions required in this statute shall constitute a separate offense.
Sec. 103.45. Time checks.— All corporations or individuals paying wages in
time checks or other paper than legal money shall make such time checks or
paper payable in some designated place of business in the county in which
the work was performed or at the office of such corporation or individual if
within the State of Wisconsin, or at any bank within said State. Any cor­
poration or individual failing to comply with the terms of the above section
shall upon conviction thereof be fined not to exceed one hundred dollars nor
less than ten dollars.
Wages preferred— In assignments
S e c t io n 128.02. Preferences.— [All preferences in cases of voluntary assign­
ments, except for wages of laborers, servants, and employees earned within
the preceding six months, are void as to the preference, but valid for all other
purposes.]
Sec. 128.16. Payment.— [Before paying any dividends to creditors generally
the assignee shall pay wages earned by laborers, servants, and employees
within the six months preceding the assignment, after paying unpaid taxes
and assessments, debts due the United States or the State, and the expenses of
the assignment.]

Wages preferred— In receiverships of railroads
S e c t io n 192.04. Rank.— [A receiver of a railroad corporation must report
the amount due laborers and employees, and wages earned within six months
prior to the appointment of the receiver shall be paid next after current oper­
ating expenses.]

Assignments of wages
S e c t io n 2313a. W ife to sign.— No assignment of the salary or wages of any
married man, then or at the accruing thereof exempt by law from garnish­
ment, shall be valid for any purpose unless such assignment shall be in writing
signed by the wife, if she at the time be a member of his family, and unless
her signature be witnessed by two disinterested witnesses; nor shall any such
assignment be valid as to any such salary or wages to accrue more than two
months after the date of the making of such assignment.

Wages preferred— In receiverships
S e c t io n 2787a. General provision.— [This section applies the same rate to
receiverships generally as is fixed for railroads by section 192.04 above.]




144

LAWS BELATING TO THE PAYM ENT OP WAGES

Exemption of wages from execution
S ection 2982. Amount.— {The earnings of a person having a family de­
pendent upon him, and the earnings of a minor child or children contributing
to the support of the family for the period of three months next preceding the
writ, are exempt from attachment, etc., to the amount of $60 for each month,
not exceeding $180 in all.]

Suits for wages— Execution
S e c t io n 3674. Stay.— [No stay is to be allowed in an execution on a judgment
for manual labor performed by the party in whose favor the same was
rendered.]
Garnishment of wages of public employees
S e c t io n 3716a. Amount exempt.— [Where wages or salary of an officer or
employee of the State, a county, city, village, etc., are the subject of a judg­
ment, the same are exempt to the same extent as salaries and wages exempt
by law from garnishment.]

Suits for wages— Attorneys' fees
S e c t io n 3775. Fee.— [A ju s tice o f th e pea ce m ay a llo w an a ttorn ey’s fe e o f
$5 on a n y re co v e ry u n der $50, i f the p la in tiff appeared b y an a ttorn ey o f re c­
ord , w h eth er th e defen d a n t appeared or n ot.]

Wages preferred— In administration
S e c t io n 3852. Rank.— [Wages due workmen, clerks, or servants, earned
within 3 months prior to death and not exceeding $300 to each claimant, are
payable after expenses of the funeral and last sickness and debts having a
preference under the laws of the United States.]

Exemption of wages— Unlawful assignment of claims
Section 4438f. Sending claims out of State.— [Anyone sending a claim for
debt out of the State or assigns or transfers a claim for the purpose of having
the same collected by depriving the debtor of his exemption rights when the
parties are within the jurisdiction of the courts of the State shall be fined
not less than $10 nor more than $50.]

WYOMING
CONSTITUTION
A r t i c l e I.— Labor legislation
S e c t io n 22. Protective laws to be passed.— The rights of labor shall have
just protection through laws calculated to secure to the laborer proper re­
wards for his service and to promote the industrial welfare of the State.

COMPILED STATUTES— 1910
Wages as preferred claims— In assignments
S e c t io n 3390. Rank.— [Wages for three months prior to the date of any
assignment are preferred over all other claims against the estate.]

Exemption of wages— Unlawful assignment of claims
S e c t io n s 3424-3427. Sending claims out of State.— [It is unlawful to sell,
assign, or transfer a claim against a laborer or other employee, or sue thereon
outside the State, or seek in any way to attach wages earned within 60 days
prior to the commencement of proceedings, to avoid the effect of the exemption




TEXT OF LAWS---- WYOMING

145

laws of the State. Proof of the institution of such action is prima facie evi­
dence of intent to evade the law.]
Assignments of wages
Section 3432. Employer to accept.— No assignment of or order for wages
to be earned in the future to secure a loan of less than two hundred dollars
shall be valid against an employer of the person making said assignment or
order until said assignment or order is accepted in writing by the employer
and said assignment or order and the acceptance of the same have been filed
and recorded with the clerk of the city or town where the party making said
assignment or order resides, if a resident of this State, or in which he is em­
ployed, if not a resident of the Commonwealth.
Sec. 3433. Consent of wife.— No such assignment of or order for wages to
be earned in the future shall be valid when made by a married man, unless
the written consent of his wife to the making of such assignment is attached
thereto.
Sec. 3434. Exemptions.— National banks and all banking institutions which
are under the supervision of the bank examiner shall be exempt from the
provisions of this chapter.

Payment of wages at mines
Section 3549. Pay semimonthly.— All wages or compensation of coal miners
and laborers, now employed, or who may hereafter be employed, in or about
any coal mine in the State, shall be due and payable semimonthly, and such
payment shall be made in lawful money of the United States, or by a good
and valid check or draft, payable on presentation thereof, in lawful money of
the United States, and not otherwise; that is to say, all such money earned
prior to the first day of any month shall be due and payable on or before the
fifteenth day of such month, and any such money earned prior to the six­
teenth day of any month shall be due and payable on or before the last day
of such month. Any person, company, or corporation operating coal mines
within this State who fails to comply with the provisions of this section, shall
be fined in the sum of not less than twenty-five dollars nor more than one
hundred dollars for each and every offense.
Sec. 3550. Action for wages.— In case any employer of any such miner or
laborer shall fail or refuse to make payment as aforesaid, the same shall be
recoverable in an action at law, together with legal interest from the date
when such amount was due, as provided herein.
S ec. 3551. Set-off.— No account for goods, wares, or merchandise, nor any
claim, except for money loaned or advanced by such employer to such miner
or laborer, except as hereinafter provided, shall be allowed as a set-off or
counterclaim in such action, and any condition of employment whereby any
of the provisions of this chapter [secs. 3549 to 3552] are sought to be avoided,
shall be utterly null and void.
Sec. 3552. Act construed.— Nothing in this chapter [secs. 3549 to 3552] con­
tained shall be held to interfere with any contract or agreement, in writing,
for the furnishing by such employer to such employees, of medicine, medical
attendance, fuel, or house rent.

Wages— Garnishment— Exemptions— Preference
Section 4787. Wages due railroad employees.— [Where a judgment for wages
has been secured against a railroad company for labor in construction, opera­
tion, or furnishing supplies, and it appears that there is no property subject to
levy, but that a designated person or corporation owes such company, a writ
may issue against such debtor, directing payment to the judgment creditor of
the amount of the claim and costs.]
Sec. 4793. Assignments void, when.— An assignment or transfer of property,
in the hands or under the control of any agent of such railroad company at
the date of the service of notice of garnishment, or which may afterwards, and
before the satisfaction of the judgment, come into his hands, or under his con­
trol, shall be void as against judgment claimants under this article.
Sec. 4797 (as amended 1911, ch. 56). Public employees.— [The salaries or
wages of public employees are subject to garnishment in the same manner and
for the same causes as of private employees.!




146

LAWS RELATING TO THE PAYMENT OF WAGES

Sec. 4810. Exemption.— [One-half a judgment debtor’s earnings for personal
services rendered within 60 days prior to the levy are exempt from execution or
attachment on a showing that they are necessary for the support of a depend­
ent fam ily residing in the State.]
Sec. 5595. Preference in administration.— [W ages due servants and employees
for services rendered within 60 days prior to the death are to be paid in
administration, together with expenses of the last sickness, next after funeral
expenses and expenses of administration.]

Wages of aliens— Prior contract
S e c t io n 5976. Receiving money for labor of alien under contract.— Any
person, wheilier he or she acts for himself or herself, or as agent, attorney,
or employee for another or others, who shall, in pursuance of or by virtue of,
any contract made with any alien or foreigner, made before such alien or
foreigner came into this State, receive or offer to receive any money, pay, or
remuneration for the labor or services of any alien or foreigner, excepting the
person so performing such labor or services, shall be deemed guilty of a mis­
demeanor, and on conviction thereof, shall be fined in a sum not less than $500
and not more than $5,000, and imprisoned in the county jail for not less than
3 months nor more than 12 months for each and every offense.

ACTS OF 1919
C h a p te r 73.— Payment of wages— Semimonthly pay day
S e c t io n 1. Scope of law.— Every person, firm, or corporation engaged in the
operation of any railroad, mine, refinery, and work incidental to prospecting
for, or the production of oil and gas, or other factory, mill, or workshop,
within the State of Wyoming shall, on or before the third day of each month,
pay the employees thereof the wages earned by them during the first half of
the preceding month ending with the fifteenth day thereof, and on or before
the eighteenth day of each month pay the employees thereof the wages
earned by them during the last half of the preceding month: Provided, how­
ever, That if at any time of payment any employee shall be absent from his
or her regular place of labor, and shall not receive his or her wages through a
duly authorized representative, he or she shall be entitled to said payment at
any time thereafter upon demand on the proper paymaster or at the place
where such wages are usually paid: Provided further, Every employer shall
establish and maintain regular pay days as herein provided and shall post and
maintain copies of this law printed in plain type in at least two (2) comspicuous places where such notices can be seen by the employees.
Nothing in this bill, however, shall be so construed as to mean that on any
special occasion where it appears to be satisfactory and beneficial to both
employer and employee, that they shall not have the right to agree either ver­
bally or in writing, as to where and at what time, other than every 15 days,
wages shall be paid: Provided, That it shall be unlawful for any employer to
require any employee to enter into any such agreement as a condition to
entering into or remaining in his service.
Sec. 2. Termination of employment.— Whenever an employee quits the serv­
ice or is discharged therefrom, such employee shall be paid whatever wages
are due him or her in lawful money of the United States of America, or by
check or draft which can be cashed at a bank, and said wages shall be paid
within a reasonable time thereafter.

ACTS OF 1923
C h a p te r 62.— Employment of women— Overtime pay
S e c t io n 1. Hours of labor.— [Eight and one-half hours is fixed as the limit
of a day’s labor, and 56 hours per week, for women in industry generally,
with exceptions as to telegraph and telephone offices employing less than four
females, and the harvesting, etc., of fruits and vegetables.]
Sec. 6. Emergency.— Nothing in this act shall forbid the employment of any
female at any time where an emergency exists or unusual pressing business
or necessity demands it, and if under such conditions a female does work over­
time she shall not be paid less than time and a half for each and every houy
of overtime in any one day.




law s

r e l a t in g

to

the

paym ent

of

wages

147

UNITED STATES
COMPILED STATUTES— 1916— SUPPLEMENTS— 1919, 1923
Seamen— icages, etc.
S e c t io n s 8315-8337a. Wages and effects.— [Right to wages and provisions
commence with the commencement of work, or at the time specified for begin­
ning work or presence on board, whichever first happens, and the right to
wages shall not be dependent on freight. The loss of the vessel terminates
wages, but prior earnings must be paid and transportation given to the port of
shipment. Improper discharge before a month’s wages are earned entitles the
seamen to one month’s wages as penalty in addition to actual earnings; prompt
payment at termination of voyages is required, and one-half of any unpaid
balance may be demanded at any port at which the vessel receives or delivers
cargo, not oftener than once in 5 days nor at the same entry. Payment of
wages in advance is forbidden, or the making of any order or note or other
evidence of indebtedness to any other person, or an order to pay any person
for the shipment of a seaman a sum to be deducted from his wages, but allot­
ments may be made to grandparents, parents, wife, sister, or children. Wages
are not subject to attachment or arrestment from any court. Assignments of
wages prior to the accruing thereof are not valid. Detailed provision is made
for procedure in the recovery of wages and for the disposition of the wages
and effects of deceased seamen.]
Secs. 8338-8342, Discharge.— [Seamen must be discharged and receive
their wages in the presence of a shipping commissioner, unless a court directs
otherwise. Certificates of discharge and of character in prescribed forms are
required.]

Railroad .employee*—.Reduction of wages by receivers
(Act of July 15, 1913)
S e c t io n 8674. Receiverships.— Whenever receivers appointed by a Federal
court are in the possession and control of the business of employees covered by
this act the employees of such employers shall have the right to be heard
through their representatives in such court upon all questions affecting the
terms and conditions of their employment; and no reduction of wages shall
be made by such receivers without the authority of the court therefor, after
notice to such employees, said notice to be given not less than twenty days
before the hearing upon the receivers’ petition or application, and to be posted
upon all customary bulletin boards along or upon the railway or in the custom­
ary places on the premises of other employers covered by this act.

Railroad employees— Workday
(Act of Sept. 3, 5, 1916)
S e c t io n 8680a. Standard workday.— Beginning January first, nineteen hun­
dred and seventeen, eight hours shall, in contracts for labor and service, be
deemed a day’s work and the measure or standard of a day’s work for the
purpose of reckoning the compensation for services of all employees who are
now or may hereafter be employed by any common carrier by railroad, except
railroads independently owned and operated not exceeding one hundred miles
in length, electric street railroads, and electric interurban railroads, which is
subject to the provisions of the act of February fourth, eighteen hundred and
eighty-seven, entitled “An act to regulate commerce,” as amended, and who are
now or may hereafter be actually engaged in any capacity in the operation of
trains used for the transportation of persons or property on railroads, except
railroads independently owned and operated not exceeding one hundred miles
in length, electric street railroads, and electric interurban railroads, from any
State or Territory of the United States or the District of Columbia to any
other State or Territory of the United States or the District of Columbia, or
from one place in a Territory to another place in the same Territory, or from
any place in the United States to an adjacent foreign country, or from any
place in the United States through a foreign country to any other place in the
United States; Provided, That the above exceptions shall not apply to rail­




148

LAWS RELATING TO THE PAYMENT OF WAGES

roads, though less than one hundred miles in length, whose principal business
is leasing or furnishing terminal or transfer facilities to other railroads, or
are themselves engaged in transfers of freight between railroads or between
railroads and industrial plants.
S ec. 8680d. Violations.— Any person violating any provision of this act shall
be guilty of a misdemeanor and upon conviction shall be fined not less than $100
nor more than $1,000, or imprisoned not to exceed more than one year, or both.
Wages preferred— In bankruptcy
(Act of July 1, 1898, as amended June 15, 1906, Jan. 7„ 1922)
S e c t io n 9601. Wage debts not discharged.— [A disch a rge in b a n k ru p tcy does
n ot release the deb tor fro m lia b ility fo r w ages due w orkm en, servants, clerks,
o r salesm en earn ed w ith in th ree m onths p rior to th e com m encem ent o f p roceed ­
ings in bankru ptcy, n or fr o m m oney h eld as an em p loyee’ s deposit to secure the
perform a n ce o f a con tra ct o f em ploym ent.]
Sec. 9648. Priority.— [Wages, as above, not exceeding $300 to each claimant,

are to be paid by the trustee next after costs of petition, filing fees, and costs
of administration.]
Fixing wages of railroad employees— Labor Board
(Act of Feb. 28, 1920)
S e c t io n 10071%ggg.

♦ * *
Wage disputes.— (b) The Labor Board, (1) upon the application of the chief
executive of any carrier or organization of employees or subordinate officials
whose members are directly interested in the dispute, (2) upon a written
petition signed by not less than 100 unorganized employees or subordinate
officials directly interested in the dispute, or (3) upon the Labor Board’s own
motion if it is of the opinion that the dispute is likely substantially to interrupt
commerce, shall receive for hearing, and as soon as practicable and with due
diligence decide, all disputes with respect to the wages or salaries of employees
or subordinate officials of carriers, not decided as provided in section 301. The
Labor Board may upon its own motion within 10 days after the decision, in
accordance with the provisions of section 301, of any dispute with respect to
wages or salaries of employees or subordinate officials or carriers, suspend the
operation of such decision if the Labor Board is of the opinion that the decision
involves such an increase in wages or salaries as will be likely to necessitate
a substantial readjustment of the rates of any carrier. The Labor Board shall
hear any decision so suspended and as soon as practicable and with due dili­
gence decide to affirm or modify such suspended decision.
(c) A decision by the Labor Board under the provisions of paragraphs (a)
or (b) of this section shall require the concurrence therein of at least five of
the nine members of the Labor Board: Provided, That in case of any decision
under paragraph (b), at least one of the representatives of the public shall
concur in such decision. All decisions of the Labor Board shall be entered upon
the records of the board and copies thereof, together with such statement of
facts bearing thereon as the board may deem proper, shall be immediately com­
municated to the parties to the dispute, the President, each adjustment board,
and the commission, and shall be given further publicity in such manner as the
Labor Board may determine.
(d) All the decisions of the Labor Board in respect to wages or salaries and
of the Labor Board or an adjustment board in respect to working conditions
of employees or subordinate officials of carriers shall establish rates of wages
and salaries and standards of working conditions which, in the opinion of the
board, are just and reasonable. In determining the justness and reasonable­
ness of such wages and salaries or working conditions the board shall, so far
as applicable, take into consideration among other relevant circumstances:
(1) The scale of wages paid for similar kinds of work in other industries;
(2) The relation between wages and the cost of living;
(3) The hazards of the employment;
(4) The training and skill required;
(5) The degree of responsibility;
(6) The character and regularity of the employment; and
(7) Inequalities of increases in wages or of treatment, the result of previous
wage orders or adjustments.




I NDEX
A

Abandonment of employment. (See Contracts of employment, abandonment of.)
Absence of employees on pay day. ( See Payment of wages.)
Administration, wages as preferred claims in. ( See Preference of wages.)
Advances made by employers. (See Employers’ advances, repayment of.)
Alien laborers, protection of:
Page
Wyoming...................................................................................... .............................................. 146
Assignment of wages:
Arkansas......................................................................................................................................
47
California.....................................................................................................................................48,49
Connecticut................................................................................................................................. 55,66
Delaware.....................................................................................................................................
57
Georgia........................................................................................................................................
60
Indiana........................................................................................................................................ 67,68
Iowa..................................................................................................................................... ....... 68,69
Maine.........................................................................................................................................
77
Massachusetts...................................... ........................................... .........................................
80
Missouri......................................................................................................................................
90
New Hampshire..........................................................................................................................
100
New Jersey....................................................................................... ......................................... 102
New York............... .................................................................................................................... 107
Pennsylvania............................................................................................................................... 120
Tennessee..................................................................................................................................... 127
Vermont................................................................................................................................... 134,135
138
Washington............................................................................................................. ...................
Wisconsin__T....................................................................................................................... ........
143
Wyoming.................................................................................................................. .................. 145
Assignment of wages, construction and summary of laws as to.......................................................... 31-33
Assignments, etc., wages as preferred claims in. (See Preference of wages.)
Assignments of claims to avoid exemption laws. (See Exemption of wages from execution.)
Attachment of wages:
Connecticut..................................................................................................................... ..........
56
Missouri_____________________ ___________________ _________________;_____ ________
99
Pennsylvania.............................................................................................................................. 118
Vermont....................................................................................................................................... 134
Attachments, etc., wages as preferred claims in. (<Se« Preference of wages.)
Attorneys’ fees in suits for wages. (See Suits for wages.)
B

Bankruptcy, wages as preferred claims in. (See Preference of wages.)
Benefit societies, forced contributions for. (See Forced contributions from employees.)
Boarding houses, etc., choice of. (See Coercion of employees in trading, etc.)
Bureau of labor, duty of, as to wage payment laws:
California.................................................................................................. ................ ............... 50,51
Michigan..................................................................................................................................
84
Nevada......................................................................................................................................
98
New Jersey................................................................................................................................
103
Philippine Islands............... ...................................................................................................
121
Utah... .......................... .........................................................................................................
134
Washington........................................................................................................ .......................
139
C
Child's earnings. ( See Earnings of minors; exemption of wages from execution, etc.)
Coal mined, payment for, construction of statutes as to............... .............. .....................................10-12
Coercion of employees in trading, etc.:
Alaska................................................................................................................................... ......
43
Arizona........................................................................................................................................
45




149

150

INDEX

Coercion of employees in trading, etc.—Continued.
Page
California................................. ............ ......................................................................................
51
54
Colorado......................................................... ........................... ...................................... ........
Florida........................................................................................................................................
59
Idaho............................................................................................................................................
62
Indiana......................................................................................................... .............................. 66,67
Kentucky............................................................................................. ................ ......................
72
Louisiana........................................................................................... ..........................................
76
Montana................................................................. .................................... ..............................
94
Nevada.................................................................... ................................................................. 96,97
New Jersey............................................................................................ .......... ...................... 101,102
New Mexico............................................................................................................................. 105,106
Ohio.......................................................................................................................................... 110,111
Oregon............................................................................................ ............................................
113
Philippine Islands.................................................................................. ....................................
120
Porto Rico..................1....... ...................................................... ................... ............................. 121
Tennessee..................................................................................................................................... 129
Texas.......................................................................................................................... ................ 131
Utah.................................................. .......................................................................................... 133
Washington....................................................... .................... .................... ............................. 138,139
West Virginia....................................................................... ........... .........................................
141
( See also Company stores.)
Collection of wages by public officials:
California.....................................................................................................................................50,53
Colorado......................................................................................................................................
53
Nevada............. ........ _................................................................................................................
98
Washington.............................................. ................... ............................................ ................ 139
( See also Bureau of labor, duty of, as to wage payment laws.)
Company stores:
Colorado.......................................................................................................................... ............
54
Connecticut.................................................................................................................................
56
Iowa.................................................................. ....... ...................................................................68,69
Louisiana........... ........................................................................................................ .............
76
Maryland.................................................................................................... ................................
78
New Jersey................................................................................................................................. . 101
New Mexico____________ _____ __________________________________ ______ ________ 105.106
New York....................................................................................................................................
107
Pennsylvania...............................................................................................................................
117
Philippine Islands........................................................................................................................ 120
Tennessee..................................................................................................................................... 129
Virginia..................................................................................................................................... 136,137
West Virginia........................................................................................................................... 140,141
( See also Coercion of employees in trading, etc.; Payment of wages in scrip.)
Company stores, construction and summary of laws as to.................................................................
27
Contractors, nonpayment of wages by:
Minnesota.................................................... .......... . . .................................................................
86
Contracts of employment, abandonment of:
Arkansas......................................................................................................................................
46
Louisiana............................................... . ....................................................................................
74
Costs in suits for wages. (£«e Suits for wages.)
D
Decedents. (See Payment of wages due deceased employees.)
Discharge of employees without cause:
Arkansas......................................................................................................................................46,47
Georgia-................................................................................................................................. 60
Louisiana...................................... -.......................................................................................... .
74
Missouri.......................................................................................................................................
92
Porto Rico......................... ............... ...................... .......... .......... . .........____....... .................... 121
Discharged employees, payment of wages due. ( See Payment of wages due at end of employment.)
Discounts, deductions, etc., from wages:
Arkansas......................................................................................................................................
48
California...................... . . .......................... .................................................... ...........................
49
Connecticut................. ....... .............................................................................. ............. .........
56
Hawaii.......................................................................... ............................................ ................ 61,62
Idaho....................................................................................................... ........... ......... ...........
62
Illinois........................................................................................................................................
64




INDEX

151

Discounts, deductions, etc., from wages—Continued.
Page
Louisiana...................................... .............................................................................. ...............75,76
Massachusetts............ ..................................................... . . . ........................................................ 80,81
Michigan............... .................. ...................................................................................................
83
Minnesota....................................................................................................................................
88
Mississippi...................... ........ ................ ...................................................................................
89
Montana............................ ............................. .......................... ........................................ ........
94
Nevada........................................................................................................................................96-98
New Jersey.... ........................................................................................................................... 102,104
New York...................................................................................................................................
107
Ohio......................................................................................................................................... 110,111
Oregon............................................................. ............................................................................ 114
Porto Rico................................................................................................................................ 122,123
South Carolina............................................................................................ ................................ 126
Utah.............................................................................................................................................
132
Wyoming........................................................................................................................ ........... 145
( See also Extortion; Forced contributions from employees.)
Discounts, deductions, etc., from wages, construction and summary of laws as to............................ 27,28
Discrimination in pay. ( See Women, wages of.)
Due bill. ( See Payment of wages in scrip.)
E
Earnings of married women, summary of laws as to.......... .......................................... .................. .
14
Earnings of minors, summary of laws as to........ ................... ........................................................... 14,15
Employers’ advances, repayment of, construction of laws as to ........................................................ 13,14
Employment of labor, deception in:
Arizona...................................................... ..................................................................................
44
South Carolina........... ...................... ....... ................................................................................... 126
Washington................................................................................................................................. 139
Employment of labor, general provisions:
Georgia............................................................ ............................................................................
60
Louisiana.......... ....... ...................................................................................................................
74
Montana................................... ..................................................................................................93,94
Ohio.............................................................................................................................................
109
Oregon.............. ......... .................. .............................. ............................................................ 113,114
Porto Kico—.................................. .... ......................................................................................121,122
South Carolina............................... ............................................................................................. 124
South Dakota.............................................................................................................................. 126
Wyoming............. ........................................................................................................................ 144
Employment of labor, termination of, notice of:
California............................................................ .......... ......................... ...................................
51
Kansas..........................................................................................................................................70,71
Maine. ............. ......... ............... .................................................................................................
77
Massachusetts............................................................................................. ................................
81
Minnesota________ ___ _____ ______________________ ;................................ ........ ...............
87
New Jersey................................................................................................................................. 101
116
Oregon............................ ............................................................................................................
Wisconsin.............................................................. ...................................................................... 142
Execution, exemption from. ( See Exemption, etc.)
Exemption of wages from execution, etc.:
Alabama..................................................... ................................................................................
42
Alaska..........................................................................................................................................
43
Arizona........ ............................................................ ..................................................................
44
Arkansas.......................................................................................................................................
46
California.........................-----....................................................................................................
49
Colorado......................................................................................................................................
55
Connecticut.................................................................................................................................. * 56
District of Columbia....................................................................................................................
58
58
Florida............................................................................................ .............................................
Georgia........................................................................................................................................
60
Hawaii........ ................................................................................................................................ 61,62
Idaho............................................................................................................................................62,63
Illinois.............................................................................................. -..........................................
65
Indiana.................................................................................................................................. —— 65,68
Iowa............................................................................................................................................
69
Kansas.........................................*.............................................................................................. 70,71
Kentucky.............. ......................................................................................................................
71
Louisiana........... ...............................................................................................-....................... 74




152

INDEX

Exemption of wages from execution, etc.—Continued.
Page
Maine.................. ............................................................................. ................... ....................
77
Maryland........................................................................................................ ' ..........................77,78
Massachusetts..............................................................................................................................
81
Michigan....... ............................................................................................................................ .
83
Minnesota....................................................................................................................................
85
Mississippi...................................................................................................................................
89
Missouri.......................................................................................................................................
90
Montana.......................................................................................................................................
93
Nebraska...................................................... ............................................................................ . .
95
Nevada................................-.......................................................................................................
96
New Hampshire........................................................................................................................... 100
New Jersey...............................................................................................................................100,104
New Mexico..............................................................................................................................105,106
New York......................................................... .......................................................................... 108
North Carolina............................................................................................................................. 108
North Dakota.............................................................................................................................. 109
Ohio.............................................................................................................................................
110
Oklahoma.......................................... .......................................................................................111,112
Oregon.......................................................................................................................................... 113
Pennsylvania...............................................................................................................................
118
Porto Rico.................................................................................................................................... 122
Rhode Island...................................................................................................................... .
123,124
South Carolina.............................................................................................................................
125
South Dakota..............................................................................................................................
127
Tennessee.................................................................................................................................. 127,129
Texas............................................................................................................................................ 130
Utah............................................................................................................................................. 132
Vermont.................................................................. .................................................................... 134
Virginia........................................................................................................................................
137
W ashington................................. ................................................................................................ 137
West Virginia..............................................................................................................................
141
Wisconsin..................................................................................................................................... 144
Wyoming..................................................................................................................... ........... 144-146
Exemption of wages from execution, etc., construction and summary of laws as to---------------------- 33-36
Executions in suits for wages. ( See Suits for wages.)
Extortion:
Minnesota.............................. -....................................................................................................
86
( See also Forced contributions from employees.)
F
Fees, attorneys', in suits for wages. ( See Suits for wages.)
Fines. (See Discounts, deductions, etc., from wages.)
Forced contributions from employees:
Indiana..........- ............................................................................................................................
66
Maryland.....................................................................................................................................
78
Michigan............................................................................................................................ .........
83
Nevada........................................................................................................................................ 95,96
New Jersey_________________________________________________________ __________ __ 102
New York________________ ____ _____________________ _________ ____ _________ ______ 107
Utah............................................................................................................................................. 132
Forfeiting wages. ( See Discounts, deductions, etc., from wages.)
Fraudulent hiring. (See Employment of labor, deception in.)
Frequency of wage payments, construction and summary of laws as to............................................ 16-19
Frequency of wage payments. (See also Payment of wages, modes and times of.)
G
Garnishment, exception of wages from. ( See Exemption of wages from execution, etc.)
H

Homesteads, exemption of, etc.:
Hawaii................................................................................................................................... .
Idaho— . . ....................................................................................................................................
Louisiana........................................................................................... ........................ ............. .
Nebraska......................................................................................................................................
Washington....................................... ..........................................................................................
Hospital fees. ( See Forced contributions of employees.)




61
62
73
94
137

INDEX

153

Hospitals and hospital funds, administration, etc., of:
Page
Oregon......................................................................................................................................113-115
Pennsylvania..................... ......................................................................................................... 120
( See also Forced contributions from employees.)
I
Insolvency, wages as preferred claims in. ( See Preference of wages.)
Insurance of employees:
Louisiana.......................................................................... ........ ..............................................
Minnesota............................................................. ....................................................................
New Jersey........................ - ....................................................................... ........ ......................
New York_ ................................................................................................................................

76
88
104
107

L
Labor Board, United States, duties of, in railroad disputes .................................................................
Labor commissioner. (See Bureau of labor, duty of, as to wage payment laws.)

148

in
Married women, earnings of, summary of statutes.............................................................................
14
Medical fees. (See Hospitals and hospital funds, administration, etc., of.)
Miners, earnings of, summary of statutes as to ................................................................................. 14,15
Minors. (See Earnings of minors; exemption of wages from execution, etc.)
Municipal employees. (See Public employees.)

N
Notice of intention to terminate employment. ( See Employment, termination of, notice of.)
O
Ofl-sets. (See Discounts, deductions, etc., from wages.)
Orders, store, payment in. (See Payment of wages in scrip.)
Overtime work, payment for:
California................................................................................................................................. .
48
58
Florida.................................................................. ......................................................................
New Mexico................................................................................................................................
106
Oklahoma--.......................................................... ................................................................... 112,113
Oregon........... ........................................................ , ............................................. _....... .........114,115
Porto Rico.................................... -.............................................................................................
123
Texas........................................................................................................................................ 131,132
Wyoming.............................................................. ......................................................................
146
P

Payment for coal mined, construction of laws as to............. — ....... ......... ....................................... 10-12
Payment of wages at end of employment, construction and summary of laws as to..................... ........ 19-23
Payment of wages due at end of employment:
45
Arizona................................................................ .......................................................................
Arkansas.................................................................................................... ......................... 46,47
Colorado....... .................................................-.................................................................. .......
53
Georgia........................................................................................................................................
60
Idaho..........................................................................................................................................
63
Kansas.............................................................................................................................. ........ . 70,71
Louisiana.................................................................................................................— ....... .......74,76
Massachusetts............. ................................................. -....................... ........... .......................
79
Minnesota....................................................................................................................................87,88
Missouri............................................................. ....................................................... ................
92
Montana...................................................................... ....... .......................................................92,93
Nevada....................................................................................................... -...............................97,99
Oregon.........................................................................................................................................
116
South Carolina............................................................. ....... .................-....... -............................ 124
Utah.................................................................................................... -....................................- 133
West Virginia............................... -..............-.............................................................................
140
Wisconsin_____ ___________________ ____ ________ __________ _____ _______________ 142,143
Wyoming...........................................-........................................... ..............................-.............. 146
Payment of wages due deceased employees:
Alabama......................................................................................................................................
42
Arizona............................................................................................................................. .......... 45,46
Connecticut.................................................................................................................................
55
Delaware......................................................... ............................................................................
67




154

INDEX

Payment of wages due deceased employees—Continued.
Page
Florida.................. ....... ............................................................................................................
59
Georgia....................................................... ....... ......................................................................... 59,60
Michigan....................................... ...................................................... .....................................
84
Mississippi............................ ....... ...............................................................................................88,89
New Jersey........................................... ......................................................................................
103
Pennsylvania............................................ .......................................... ...................................... 118
Virginia........................................................................................................................................
137
Payment of wages, frequency of, construction and summary of laws as to......................................... 16-19
Payment of wages in scrip:
Arizona................................................................................................... ..................................
45
Arkansas............................ ............. ............................................................................................
47
50
California........................... ............................................... ........................................................
Colorado..................... ............. ....................................... .......................................................... 54
Florida............ ................................................................ ................ .........................................
58
Georgia........ ............. ..................................... ........... ....... ......................................................
59
Illinois................................................................................. .................. ....................................
65
Indiana.................................................... ..................................................................................
67
Iowa.................................. ............................. ........ ....... ............ ........ ................................. 68,69
Kansas......... — ---------------------------------------- ------------------------ ------------ ----------------------71
Kentucky......................... ................................................... .................. .............................. 72,73
Louisiana.............................................. ..................................................... ...............................74,75
Michigan.................................................................................................................................
82
Minnesota........... ........ .......................... .......................................................... ..................... 86,87
Mississippi....................................................... ............. .................................................... ......
89
Nevada........................... .......... ....... .......................................................................................
95
New Jersey............. ..................... ....... ....................... ................................... .......................... 101
New Mexico........................... ............ .................................... ................ ............................... 105
North Carolina..................... ............ ......................................... .................. .................. .......... 108
Ohio................... ............... — ......................................................... .................... ....................... Ill
Oklahoma--------------------- ------------------------------- --------------- --------------------------------------- 112
Oregon.............................. ............. .............. ................ ............ ....... ............. ......................
115
Pennsylvania............. ....... ............._................ ....................................................... ........... 118,110
Porto Rico.............................. ............................................................................ ........ .............
121
South Carolina............................... ........ ....................................... ....................................... 124-126
Tennessee-------------------------------------------- -------- ----------------------------------------- -------------- 128
Vermont....................................... ..................................... ........................ .............. ................
135
Virginia................. .................. .............. ............................ ....................................................
136
Washington.............. ....... ....... .......... .......... ................... .........................................................
138
West Virginia.................... .................. .......... ............. ............ ................ ...............................
141
143
Wisconsin__________ ________ ______ _____________ ________ ______ _________________
Payment of wages, modes and times of:
Alaska................... ....... .................. -............ -........................................................................... 43,44
Arizona-------------------------------------------- -------- --------- -------------------------------------------------44,45
Arkansas---------- ------- ------- ------------ ----------------- -------- ------- -------------------------- ---------47
California........... ....... ....... .......................... ........... ................................. ........................ ......01-53
Colorado.................................................................................... ................................................. 53,54
Connecticut.................... ....... ........................................... ........................ ..............................
57
Georgia............. .............................. ............ .................. ............... ............ ........................... .
61
Hawaii...............................-...................................................... —-................. .......... ........ .
61
Illinois................... -....... ....... .......... .......... .......................-.......... ....... ................................. . 64,65
Indiana..................- ................................... -...............-................ ...........................................
66
Iowa............................................ -............................. -....... -..................................................... 68,69
Kansas----------- ------------ ----------- -..................... ........................... ........................................
70
Kentucky............................ ................ ................................................................. .......... ........ 71,72
Louisiana................................. ................................. ............. .................................... .............
75
Maine...................................................................... ....... ......................................................... 76,77
Maryland............................................... ....................................................................................
78
Massachusetts------- ------ — ........................................................... .......... — .......................... 79,80
Michigan------------------------ ---------------------------- ------------------------------------------- ----------- 83,84
Minnesota.................................. ........ ....................................... ........ .....................................
86
Mississippi....... ..................................... ................ ........................ ..........................................
89
Missouri-.................................................................. ........ ........... ...........................................90,91
Montana.................................... ............................................................................................. 92,93
Nebraska.....................................................................................................................................94,95
Nevada-............................................... .................................................................. ....................
97
New Hampshire.........................................................................................................................99,100




INDEX

155

Payment of wages, modes and times of—Continued.
Page
New Jersey.............................................................................................................................. 102-104
New Mexico................................................................................................................................
105
New York.................................................................................................................................... 107
North Carolina......................................... .............................................................................. — 108
North Dakota....... , ................................................................................................................. ._ 109
Ohio..................................................................... : ...................................................................... Ill
Oklahoma....................................................................................................................... .......... 112
116
Oregon.......................................................................................................................................
Pennsylvania............. ..................................................................... ...........................................
120
Philippine Islands................... ............................................................. ..................................... 121
Porto Rico............................................................................................................................... 122,123
Rhode Island......................................................................................................... .....................
123
South Carolina..........................................................................................................................124-126
South Dakota........................................................................................................................... .
127
Tennessee................................................................ ........................................................_____ 127-129
Texas.................................................................................................. .....................................
131
Utah............................................................................................................................................
133
Vermont............................................................................................................................ ........ ' 135
Virginia............................ ...........................................................................................................
136
West Virginia.......................................................................................................................... 140,142
Wisconsin................................................................................................................................. 142,143
Wyoming....................................................... ..........................................................................145,146
Payment of wages, waiver as to:
Indiana........................................................................................................................................
67
Montana........................................................... .............................................. ...........................
93
Nevada........................................................................................ ..................... ......................
98
New Jersey.............................................. ................................................................................ 102-104
Ohio................................................................................................. -.......................... ...............
Ill
Payment on termination of employment, construction and summary of laws as to........................... 19-23
Payment on termination of employment. (See also Payment of wages due at end of employment.)
Preference of wages:
Alabama................................................................................................-.......................... ........ .
43
Alaska.................................................................. _.....................................................................
43
Arizona.......................................................................................................................................
44
Arkansas......................................................................................................................................
46
California..... ............................. ................ ........................................................................ .......
49
Colorado.............................. _......................................................................................................
55
Connecticut.................................................................................................................................
56
Delaware............. ........................... .............................. ................................... .........................
57
Florida........................................................... _...........................................................................
58
Georgia......................................................................................................... ..............................
59
Idaho..........................................................................................................................................
63
Illinois........ ....... .........................................................................................................................63,64
Indiana........................................................................................................................................
66
Iowa......................................... ................................................................................................... 69,70
Kansas............................................................................... ............................................. .
70,71
Louisiana.................................................................................................................................. .
74
Maine..................................................................................................................................... .
77
78
Maryland............................................................................................................................... .
Massachusetts.............................................................................................................................
81
Michigan..................................................................................................................................... 82,83
Minnesota........................................................... .............................................. -.......................85,86
Missouri.............................................................. .................................................................... . 90,91
Montana.................... . ........................................ .......................................................................
93
Nebraska............................................................ .........................................................................
94
Nevada............. ......................................................................................................... ................ 95,96
New Hampshire................................................. .........................................................................
99
New Jersey........................................................ ..................... ......................................... 100,101,103
New Mexico............. ................................................................................................................... 104
New York................................................................................................................................ 106,107
North Carolina-........................................................................................................................ . 108
North Dakota............ .............................................................................................................. 1 109
Ohio......................................... ................................................................................................... 110
Oregon......................................................................................................................................113,116
Pennsylvania.......................................................................... ................ ................................117,119
Philippine Islands................................................................................................... ................... 120




156

INDEX

Preference of wages—Continued.
Page
Rhode Island................................ —............................................................................................ 124
127
South Dakota....................................................................................................................... .......
Texas............................................................................................................................................ 130
Utah.......................................................................................................................................... 132,133
Vermont,............. .................................................................................................................... 134,135
Washington............................................................................................................................... 137,138
Wisconsin................................................................................................................................. 143,144
Wyoming.................................................... .................. .......................................................... 144,146
United States...............................................................................................................................
148
Premiums, insurance, deduction of, from wages. ( See Discounts, deductions, etc., from wages.)
Priority of wage claims, construction and summary of laws as to...................................................... 29-31
Priority. ( See also Preference of wages.)
Protection of employees as traders. ( See Coercion of employees in trading, etc.)
Public works, employees on, wage rates, construction of statutes...................................................... 3-10
Public works, labor on:
Connecticut.................................................................................................................................
65
61
Hawaii................. .......................................................................................................................
Maine............................................................................................. .............................................
76
Massachusetts..............................................................................................................................
79
Porto Rico.................................................................................................................................... 121
E

Railroad employees, wages of, construction and summary of laws.....................................................38-40
Railroads, standard workday of employees:
United States............................................................................................................................147,148
Rates of wages of employees on public works, construction of statutes as to...................................... 3-10
Rates of wages of laborers at salvage:
Virginia.......................................... -...........................................................................................
137
Receivership, wages as preferred claims in. ( See Preference of wages.)
Recovery of wages. ( See Suits for wages.)
Reduction of wages, notice of:
Missouri......................................... ......... ...................................................................................
91
Texas................ -........................................................... -................................................. .......... 130
United States..................... ....... ................ ................................. ............................................ . 147
Retention of wages. (See Discounts, deductions, etc., from wages.)
S
Salvage laborers, wages of:
Virginia................................................... ................................................................................... 137
Scrip, payment of wages in, construction and summary of laws as to........................................... . 24-27
Scrip, payment of wages in. (See also Payment of wages in scrip.)
Seamen, wages, etc., of, construction and summary of laws as to......................................................40,41
Seasonal labor:
California..................................................................................................................................... 50,51
Washington.............................................................................................................................. 139,140
Set-off or counterclaim against wages:
Alabama-.....................................................................................................................................
42
Wyoming....................................................................................................................................
145
(See also Discounts, deductions, etc., from wages.)
Stay of execution in suits for wages. (See Suits for wages.)
Store orders. (See Payment of wages in scrip.)
Strike, employees entering on, wages due:
Minnesota....................................................................................................................................
87
Suits for wages:
Arizona........................................................................................................................................
44
California.....................................................................................................................................
49
Colorado— ................................................................................................................................
64
Georgia........................................................................................................................................
60
Hawaii.........................................................................................................................................
61
Idaho.......................................................................................................................................... 62,63
Illinois...................... ...................... ...........................................................................................63-65
Iowa.............................................................................................................................................
69
Kansas........................ ........................................... ................................................. ................
70
Louisiana..................................................................................................................................... 73-75
Massachusetts............................................................................................................................. 79,81
Michigan.................................................................................................................................... 82,84
Minnesota............................................................................... ................................................. .
85




INDEX

157

Suits for wages—Continued.
Page
Mississippi..................................................................................................... ...........................
89
Missouri.............................. —............................................................ —____________ _______ 90,91
Montana........................................... ....... ........................... ..................... ................................93,94
Nebraska..................................................................................................................................... 94,95
Nevada....................................................................................................f..................................
99
New Jersey................................... .............................................................................................. 104
North Dakota............................................................................................................................. 109
Ohio..........................................................................................................................................109,110
Oklahoma................................................. -................................................................................
Ill
Oregon...................................................................................................................................... 113,116
Pennsylvania............................................................................................................................118,119
Porto Rico................................................................................................................................122,123
South Dakota............................................................................................................. ......... ....... 126
Texas.....................-.................................................................................................................... 130
Utah................................................................................................................................... ........ 132
Vermont...................................................................................................................................... 134
Virginia........... ..............-........................................... ....... ....... ..................... ........................... 137
Washington............................................................................................................. ........... 137,138,140
Wisconsin..................................................................................................................... - .............. 144
Suits for wages, construction and summary of laws as to................................................................... 36-38
T
Time checks. (See Payment of wages in scrip.)
Trading, coercion of employees in. (See Coercion of employees in trading, etc.)
Truck system. (See Company stores.)
U
Uniforms, purchase of, by railroad employees:
Washington...............................................................................................................................138,139
W
Withholding wages. (See Extortion; Forced contributions from employees.)
Women, wages of:
Michigan......................................................................................................................... ...........
Montana......................................................................................................................................

76982°— 26------- 11




83
93