The full text on this page is automatically extracted from the file linked above and may contain errors and inconsistencies.
U. S. DEPARTMENT OF LABOR
JAM ES J. DAVIS, Secretary
BUREAU OF LABOR STATISTICS
ETHELBERT ST E W A R T , Comm issioner
BULLETIN OF THE UNITED STATES )
BUREAU OF L A B O R ST A T IS TIC S /
LABOR
LAWS
OF
THE
UNITED
JM
• • • • \ HO*
STATES
285
SERIES
MINIMUM-WAGE LAWS OF THE UNITED
STATES: CONSTRUCTION AND OPERATION
By LINDLEY D. CLARK
J U LY, 1921
W ASH IN G TO N
GOVERNM EN T PR IN TIN G OFFICE
1921
CONTENTS.
Page,
In trod u ction __________________________________________________________________________
9 -1 1
B a s is fo r leg islation _________________________________________________________________ 1 2 -1 7
P rovision s o f th e la w s_____________________________________________________________ 1 7 -3 2
Scope______________________________________________________________________________ 1 7 ,1 8
A d m in istrative b o d ie s _______________________ __________________________________1 8 .1 9
F ix in g the w age rate_________________________________________________________ _ 1 9 -2 1
A pp eals to courts______________________________________________________________
21
21
Special provisions___ ___________________________________________________________
P rovision s in case o f violation s______________________________________________
22
C om parative analysis o f principal fe a tu r e s :
A r iz o n a _____________________________________________________________________
22
A rk a n sa s____________________________________________________________________2 2 ,2 3
C a lifo r n ia __________________________________________________________________ 23, 24
C o lo r a d o ___________________________________________________________________ 24, 25
D istrict o f Colum bia______________________________________________________
25
K a n sa s______________________________________________________________________ 25, 2G
M assachu setts_________________________________________ ____________________ 26, 27
M innesota,__________________________________________________________________ 2 7 ,2 8
N orth D a k o ta ______________________________________________________________
28
Oregon______________________________________________________________________ 28, 29
Porto R ico__________________________________________________________________
29
T e x a s _______________________________________________________________________
30
U ta h _________________________________________________________________________ 3 0 ,3 1
W ash in g ton _________________________________________________________________
31
W iscon sin __________________________________________________________________
32
C o n stitu tio n a lity :
Oregon la w ---------------------------------------------------------------------------------------------------------- 3 3 -4 2
M innesota la w __________________________________________________________________ 4 2 -4 4
A rk an sas la w _____________________________________________________ :______________44, 45
W ash in g ton la w _________________________________________________________________
46
M assachusetts l a w _____________________________________________________________ 46, 47
S u m m ary_________________________________________________________________________
48
Other d ec isio n s_________________________________________________________________ 4 8 -5 3
Operation o f the la w s :
Scope o f in q u ir y _______________________________________________________________ 53, 54
A r iz o n a __________________________________________________________________________
55
Sketch o f the la w _________________________________________________________
55
E ffect of the law __________________________________________________________
55
A rk a n sa s_________________________________________________________________________ 5 5 -5 8
Sketch o f the la w _________________________________________________________ 55, 56
Com m ission and sta ff____________________________________________________
56
56
E stablishm ent and enforcem ent of rates_____________________________
General co n sid era tio n s__________________________________________________ 56, 57
Orders and rates__________________________________________________________ 57, 58
M ercantile industry in F ort Sm ith_______________________________57, 58
E ffect o f the la w ---------------------------------------------------------------------------------------58
C a lifo r n ia _______________________________________________________________________ 5 8 -8 7
Sketch of the la w _________________________________________________________ 58, 59
Com m ission and s t a f f ____________________________________________________59, 60
Establishm ent and enforcement of rates_______________________________6 0 -6 3
W a g e b o a r d s ______________________________________________________________ 63, 64
General considerations__________________________________________________ _ 6 4 -6 6
O rders and ra tes__________________________________________________________ 6G-85
F ruit and vegetable canning______________________________________ 6 6 -7 0
M ercantile establish m ents_________________________________________ 7 0 -7 4
F ish canning________ ________ __________________________________________ 74, 75
L au n d ry in d u stry____________________________________________________7 5 -7 9
3
4
CONTENTS.
Operation o f the la w s— Continued.
C alifornia— Concluded.
Orders and rates— Concluded.
Page.
F ru it and vegetable packing in d u stry____________________________
79
General and professional offices____________________________________
80
U nsk illed and unclassified occupations----------------------------------------- 8 0 ,8 1
M an u factu rin g in d u s tr y ____________________________________________ 8 1 -8 4
H o te ls and restau ran ts_____________________________________________
84
A gricu ltu ral occupations____________________________________________ 84, 8 5
E ffect o f th e la w __________________________________________________________ 8 5 -8 7
C o lo r a d o _________________________________________________________________________ 8 8 -9 0
Sketch o f the la w _________________________________________________________ 8 8 ,8 9
Lack o f action_____________________________________________________________
89
E m ploym ent conditions___________________________________________________8 9 ,9 0
D istrict o f Colum bia___________________________________________________________9 0 -1 0 4
Sketch o f the la w _________________________________________________________ 9 0 -9 2
B oard and sta ff____________________________________________________________
92
E stablishm ent and enforcem ent o f rates_____________________________ 9 2 -9 4
C o n fe re n c e s________________________________________________________________ 94, 95
G eneral considerations____________________________________________________ 9 5 -9 7
Orders and ra tes__________________________________________________________9 7 -1 0 2
Printing, publishing, an d allied industries--------------------------------- 9 7,98
M ercantile in du stry_________________________________________________ 98, 99
H otel, restaurant, and allied industries________________________ 9 9 -1 0 1
L au n d ry and dry-clean ing in d u stry____________________________ 1 0 1 ,1 0 2
E ffect o f th e la w ________________________________________________________ 1 0 2 -1 0 4
K a n s a s _________________________________________________________________________ 104—14 3
Sketch o f the la w _______________________________________________________ 1 0 4 ,1 0 5
Com m ission and sta ff___________________________________________________1 0 5 ,1 0 6
E stab lish m en t an d enforcem ent o f rates____________________________ 1 0 6 ,1 0 7
W a g e boards_____________________________________________________________ 1 0 7 ,1 0 8
G eneral c o n sid era tio n s___________________________________________________
108
Orders and ra te s________________________________________________________ 1 0 8 -1 1 2
L a u n d r ie s ___________________________________________________________1 0 8 -1 1 0
M ercan tile e sta b lish m e n ts_______________________________________ 110, 111
P ublic housekeeping_________________________________________________
111
Telephone operators_________________________________________________
111
M an u factu rin g e sta b lish m e n ts__________________________________111, 112
E ffect o f th e la w ________________________________________________________ 1 1 2 ,1 1 8
M a s s a c h u s e tts ________________________________________________________________ 1 1 4 -1 5 1
Sketch o f the la w ----------------------------------------------------------------------------------- 1 1 4 -1 1 6
Com m ission and s ta ff___________________________________________________ 1 1 6 ,1 1 7
E stab lish m en t and enforcem ent o f rates----------------------------------------- 1 1 7 -1 1 9
W a g e boards_____________________________________________________________ 1 1 9 -1 2 1
General co n sid eration s------------------------------------------------------------------------- 1 2 1 ,1 2 2
Orders and ra tes________________________________________________________ 1 22 -1 4 4
B rush in d u s tr y ____________________________________________________ 1 2 2 -1 2 4
L aun d ry industry._________________________________________________ 1 2 4 ,1 2 5
R etail stores_____ '--------------------------------------------------------------------------- 1 2 5 ,1 2 6
W o m e n ’s c lo th in g --------------------------------------------------------------------------- 1 2 6 -1 2 9
M en s’ clothing and rain coat trad es--------------------------------------------- 1 2 9 ,1 3 0
M en’ s fu rn ish in gs--------------------------------------------------------------------------- 1 3 0 ,1 3 1
W o m e n ’s m uslin underw ear, etc________________________________ 1 3 1 -1 3 3
R e ta il m illin ery------------------------------------------------------------------------------- 1 3 3 ,1 3 4
W h o le s a le m illin e ry-----------------------------------------------------------------------1 3 4 ,1 3 5
Office and other building cleaners--------------------------------------------- 1 3 5 -1 3 7
Candy m a k in g _____________________________________________________ 1 3 7 -1 3 9
139
Can ning and p re se r v in g ____________________________________________
C orset in d u s tr y ____________________________________________________ 1 4 0 ,1 4 1
K n it goods occupation____________________________________________ 1 4 1 ,1 4 2
P aper box occupation--------------------------------------------------------------------- 1 4 2 ,1 4 3
M inor lines o f confectionery and food preparations_________ 1 4 3 ,1 4 4
O ther in vestigation s____________________________________________________ 1 4 4 -1 4 6
H o tels and restau ran ts___________________________________________1 4 4 ,1 4 5
Cotton te x tile s________________________________________________________
145
L oom h arn ess______________________________________________________ 1 4 5 ,1 4 6
E ffect o f the l a w _______________________________________________________ 1 4 6 -1 5 1
CONTENTS.
5
O peration o f the la w s— Continued.
'
Page.
M in n e so ta ___________________________ __________________________________________1 5 1 -1 0 3
Sketch o f the la w ----------------------------------------------------------------------------------- 1 5 1 ,1 5 2
C om m ission and sta ff___________________________________________________ 1 5 2 ,1 5 3
E stab lishm ent and enforcem ent of ra te s___________________________ 1 5 3 -1 5 5
W a g e boards_____________________________________________________________ 1 5 5 ,1 5 6
General co n sid eration s________________________________________________ 1 5 6 ,1 5 7
O rders and ra te s------------------------------------------------------------------------------------- 1 5 7 -1 6 0
Em ploym ent gen era lly____________________________________________ 1 5 7 -1 6 0
E ffect o f the l a w _______________________________________________________ 16CKL63
N ebrask a_______________________________________________________________________1 6 3 -1 6 5
Sketch o f the law --------------------------------------------------------------------------------------163
Lack o f action___________________________________________________________ 1 6 3 ,1 6 4
E m ploym ent conditions________________________________________________ 1 6 4 ,1 6 5
N orth D a k o ta _________________________________________________________________ 1 6 5 -1 7 0
Sketch o f the law _______________________________________________________ 1 6 5 ,1 6 6
Com m ission and sta ff_____________________________________________________
166
E stablishm ent and enforcem ent of rates______________________________
167
W a g e boards________________________________________________________________
167
General con sid eration s___________________________________________________
167
Orders and rates________________________________________________________ 1 6 8 -1 7 0
General investigation______________________________________________1 6 8 ,1 6 9
Public housekeeping_________________________________________________
169
Personal s e rv ic e _____________________________________________________
169
Office o c cu p ation s____________________________________________________
169
M an ufacturin g occupations_________________________________________
170
L a u n d r ie s _____________________________________________________________
170
Student nu rses________________________________________________________
170
M ercantile occup ations______________________________________________
170
Telephone exchanges________________________________________________
170
E ffect o f the l a w _________________________________________________________
170
O reg o n _________________________________________________________________________ 1 7 1 -1 8 5
Sketch o f the la w --------------------------------------------------------------------------------------171
C om m ission and sta ff___________________________________________________ 1 7 1 ,1 7 2
E stablishm ent and enforcem ent o f rates___________________________ 1 7 2 ,1 7 3
W a g e boards_____________________________________________________________ 1 7 3 ,1 7 4
General co n sid eration s________________________________________________ 1 7 4 ,1 7 5
O rders and ra tes________________________________________________________ 1 7 6 -1 8 2
M in o r s _______________________________________________________________ 1 7 6 ,1 7 7
M an u factu rin g--------------------------------------------------------------------------------- 1 7 7 ,1 7 8
M ercantile occu p ation s----------------------------------------------------------------- 1 7 8 ,1 7 9
Office occu p ation s__________________________________________________1 7 9 ,1 8 0
Personal s e rv ic e ______________________________________________________
180
L aundry occu p ation s______________________________________________1 8 0 ,1 8 1
Telephone and telegraph occupations_____________________________
181
Public housekeeping_______________________________________________ 1 8 1 ,1 8 2
182
F ru it packing, canning, e t c ________________________________________
O ther orders___________________________________________________________
182
E ffect o f the l a w ________________ ______________________________________ 1 8 3 -1 8 5
Porto R ico _____________________________________________________________________ 1 8 5 ,1 8 6
Sketch o f the la w _________________________________________________________
185
Obstacles to e n fo rce m e n t_____________________________________________ 1 8 5 ,1 8 6
T e x a s.__________________________________________________________________________ 1 86 -1 9 0
Sketch o f the la w -----------------------------------------------------------------------------------1 8 6 ,1 8 7
Com m ission and sta ff--------------------------------------------------------------------------------187
E stablishm ent and enforcem ent o f rates----------------------------------------- 1 8 7 ,1 8 8
General con sid erations------------------------------------------------------------------------- 1 8 8 -1 9 0
Orders and rates___________________________________________________________
190
Principal occupations________________________________________________
190
U t a h _______________________________________- ___________________________________ 1 9 1 -1 9 3
Sketch o f the law --------------------------------------------------------------------------------------191
Com m ission and sta ff----------------------------------------------------------------------------- 1 9 1 ,1 9 2
Effect o f the l a w _______________________________________________________ 1 9 2 ,1 9 3
W ash in g to n ____________________________________________________________________1 9 3 -2 1 9
Sketch o f the la w ----------------------------------------------------------------------------------- 1 9 3 ,1 9 4
Com m ission and sta ff----------------------------------------------------------------------------- 1 9 4 ,1 9 5
6
CONTENTS.
Operation o f the la w s— Concluded.
W ash in g ton — Concluded.
Page.
E stab lish m en t and enforcem ent o f ra tes___________________________ 1 9 5 -1 9 7
W a g e boards_____________________________________________________________ 1 9 7 -1 9 9
General con sid eration s________________________________________________ 1 99 -2 0 1
Orders and rates________________________________________________________ 2 01 -2 1 6
M ercantile occu p ation s___________________________________________ 202, 203
M an u factu rin g occu p ation s_____________________________________ 203, 204
204
L au nd ry and d ye w orks occupations___________________________
Telephone and telegraph occupations--------------------------------------- 2 0 4 -2 0 6
Office occu p ations_________________________________________________ 2 0 6 ,2 0 7
H o te l, restaurant, and lunch room occupations--------------------- - 207, 208
M in o r s ________________________________ ________________________________
208
W a r em ergency orders____________________________________________ 2 0 8 -2 1 0
Public housekeeping_________________________________________ _____ 210, 211
M an u factu rin g co n fe re n ce s________________________________________
212
Laundry conferen ce_______________________________________________ 212, 213
A pprenticeships____________________________________________________ 213-21*3
E ffect o f the l a w _______________________________________________________ 2 16 -2 1 9
W is c o n s in _____________________________________________________________________ 2 1 9 -2 3 2
Sketch of the la w ----------------------------------------------------------------------------------- 219, 220
Com m ission and sta ff_____________________________________________________
220
E stablishm ent and enforcem ent of rates___________________________ 220, 221
W a g e boards_____________________________________________________________ 221, 222
General con sid eration s________________________________________________ 2 2 2 -2 2 4
Orders and rates________________________________________________________ 2 2 4 -2 3 0
E m ploym ent generally____________________________________________ 2 24 -2 2 7
Telephone com panies_____________________________________________ 227, 228
H ospitals and san itariu m s_________________________________________
228
H om e w ork ____________________________________ ________________________
228
Interm ittent w orkers________________________________________________
228
Tobacco-stem m ing w a re h o u se s____________________________________
229
B eauty parlors_____________________________________________________ 229, 230
Effect o f the la w ________________________________________________________ 2 3 0 -2 3 2
S u m m ary____________________________________________________________________________ 2 3 3 -2 3 6
T e x t of the l a w s :
A rizon a.----------------------------------------------------------------------------------------------------------------237
A rk a n sa s_______________________________________________________________________ 2 3 7 -2 3 9
C a lifo rn ia _____________________________________________________________________ 2 3 9 -2 4 4
C o lo ra d o _______________________________________________________________________ 2 4 4 -2 4 9
D istrict o f Colum bia______________________________________ _________________ 2 4 9 -2 5 3
K a n s a s _________________________________________________________________________ 2 5 3 -2 5 7
M a s s a c h u s e tts____________________________________________ .___________________ ‘2 5 7 -2 6 0
M innesota._________________________ ,___________________________________________ 2 6 0 -2 6 3
N eb rask a_________________________________________________________________________
203
N orth D a k o ta ________________________________________________ - _______________ 2 6 3 -2 6 7
O h io _____________________________________________________________________________ _
267
Oregon._____________________________________________________________ * __________ 2 6 7 -2 7 2
Porto R ico_______________________________________________________________________
272
T e x a s ___________________________________________________________________________ 2 7 2 -2 7 6
U ta h ______________________________________________________________________ - ______
276
W ash in g to n ------------------------------------------------------------------------------------------------------- 2 7 6 -2 7 9
W is c o n s in _____________________________________________________________________ 2 7 9 -2 8 1
T e x t o f o rd e rs:
282
A rk an sa s__________________________________________________________ ____________ __
M ercantile establishm en ts in P ort S m ith ____________ _____________ ___
282
C a lifo r n ia _____________________________________________________________________ 2 8 2 -3 0 7
F ru it and vegetable canning in dustry______________- _______________ 2 8 2 -2 8 6
M ercantile industry,____________________________________________________ 2 8 6 -2 8 9
F ish -can n ing in d ustry_________________________________________________ 2 8 9 -2 9 1
L aun dry and dry-cleaning in d u stry__________________________________ 2 9 1 -2 9 3
F ru it and vegetable packing ind u stry_______________________________ 2 9 3 -2 9 6
General and p rofession al offices______________________________________ 2 9 6 -2 9 8
Unclassified occupations.----------------------------------------------------------------------- 2 9 8 -3 0 0
M an u factu rin g in d u s tr y _______________________________________________ 3 0 0 -3 0 3
H o tels and restau ran ts________________________________________________ 3 03 -3 0 5
A gricu ltu ral occu p ation s--------------------------------------------------------------------- 3 0 5 -3 0 7
CONTENTS.
7
T e x t of orders— Continued.
Page.
D istric t o f C olu m bia------------------------------------------------------------------------------------- 3 0 7 -3 1 0
P rin tin g, publishing, and allied in d ustries________________________ 307, 308
M ercantile industry— w ages o f m in ors______________________________ 308, 309
309
H otel, restau ran t, and allied industries_______________________________
L a u n d r ie s __________________________________________________________________
310
K a n s a s _________________________________________________________________________ 3 10 -3 1 2
M ercantile e sta b lish m en ts____________________________________________ 310, 311
L a u n d r ie s __________________________________________________________________
311
Telephone operators____________________________________________________ 311, 312
M anu factu ring establishm ents----------------------------------------------------------------312
M a s sa c h u se tts________________________________________________________________ 3 1 3 -3 1 9
B rush m aking______________________________________________________________
313
L a u n d r ie s __________________________________________________________________
313
R etail stores_____________________________________________________________ 313, 314
W o m e n ’s clothing__________________________________________________________
314
M en ’s clothing and raincoats_____________________________________ _____
314
M en ’s and boys’ clothing, fu rn ish in gs, etc_______________________ „ 314, 315
M uslin u n derw ear____________________________________________________'_____
315
R e tail m illin ery_________________________________________________________ 315, 316
W h o lesa le m illin ery_________________________________________________ __ 3 1 6 ,3 1 7
Office c le a n e rs _____________________________________________________________
317
Candy m a k in g _____________________________________________________________
317
Canning and preserving_____________________________________________
317, 318
Corsets______________________________________________________________________
318
K n it g o o d s _________________________________________________________________
318
Paper b o x e s _____________________________________________________________ 318, 319
M innesota._____________________________________________________________________ 319, 320
W ork ers o f ordinary ability and learners and apprentices___ __ 3 1 9 ,3 2 0
N orth D a k o ta _________________________________________________________________ 3 2 1 -3 2 7
Public-housekeeping o ccu p ation _____________________________________ 321, 322
Personal-service occu p ation ___________________________________________ 322, 323
323
Office occupation_____________________________________________________ _____
M an u factu rin g o c cu p a tio n ____________________________________________ 323, 324
L au n dry occupation____________________________________________________ 324, 325
Student n u rses__________________________________________________________ 325, 326
M ercantile occupation____________________________________________________
326
Telephone re g u la tio n s ____________________________________________________
327
O reg o n _________________________________________________________________________ 3 2 7 -3 3 3
M ercantile occupation, P o r t la n d _ _ .-------------------------------------------------- 327, 328
M an u factu rin g occu p ation___ ________________________________________ 328, 329
Personal-service occupation_____________________________________________
329
Laundry occupation____________________________________________________ 329, 330
Telephone and telegraph occupation, P ortland ___________________ 330, 331
Office occupation__________________________________________________________
331
P ublic-housekeeping o c cu p ation _____________________________________ 331, 332
M in ors_______________________________________________________________________
332
Packing, drying, preserving, or canning any variety o f perishable
fru it or v e g e ta b le s _____________________________________________________
333
T e x a s __________________________________________________________________________ 3 3 3 -3 3 5
Telegraph and telephone companies, mercantile establishm ents,
laundries, and fa c to r ie s ____________________________________________ 3 3 3 -3 3 5
W a sh in g to n ____________________________________________________________________ 3 3 5 -3 4 2
Telephone com panies— Class “ B .” ___________________________________ 335, 336
Telephone com panies— Class “ C.” ________________ ______________________
336
W a r em ergency order__________________________________________________ 336, 337
W a r emergency order— m inors______________________________________ 3 3 7 -3 3 9
T elephone com panies— C lass “ D .” _____________________________________
339
Public-housekeeping industry_________________________________________ 339, 340
M inors in public-housekeeping occu p ation s________________________ 340, 341
A pprenticeship schedules_____________________________________________ 341, 342
W is c o n s in _____________________________________________________________________ 3 4 2 -3 4 5
A ll in d u stries____________________________________________________________ 342, 343
Telephone e x c h a n g e s___________________________________________________ 343, 344
H o sp itals and s a n ita r iu m s _______________________________________________
344
H o m e w ork _________________________________________________________________
344
8
CONTENTS.
T e x t o f orders— Concluded.
W isconsin— Concluded.
In term ittent w orkers_____________________________________________________
Tobacco-stem m ing w arehouses __________________________________________
L earn ers in beauty parlors______________________________________________
Special provisions for canneries________________________________________
Interpretations and ru lin gs_____________________________________________
Page.
344
344
344
344
345
BULLETIN OF THE
U. S. BUREAU OF LABOR STATISTICS.
NO. 285.
WASHINGTON.
May 1921
M U M -W A G E LAWS OF THE UNITED STATES:
CONSTRUCTION AND OPERATION.
INTRODUCTION.
Although the progress of minimum-wage legislation in the United
States has not been so rapid as the first two years of the movement
seemed to promise, there has been a certain accumulation of ma
terial since the first special study of this subject by the Bureau of
Labor Statistics1 which is o f sufficient importance to warrant its
presentation at this time. Furthermore, there is evidence o f re
newed interest in legislation on this subject, following the judicial
determination of its validity.
The material presented in this bulletin comprises the laws now
in force in the various jurisdictions, together with the orders issued
under them, judicial determinations upholding and construing the
laws, and some account o f operations and of methods o f administra
tion, based on official reports and a survey made by a representa
tive of the bureau, which may be characterized as general rather
than detailed.
The enactment o f laws providing for a minimum wage is but
one o f a series o f legislative measures expressive of a purpose to
regulate, as a part o f the public policy of the State, the contract o f
employment, in the first instance in the interest o f the party oc
cupying the less advantageous economic position, but ultimately in
the interest o f society as a whole. Perhaps its earliest manifestation
is to be found in laws forbidding the employment o f children until
a fixed age has been reached— laws which establish a minimum
period for physical growth and educational opportunity. Restric
tions on hours o f labor, or the fixing o f a minimum of leisure and
rest, next followed, and these laws apply in many States to women
as well as to children; while in hazardous or injurious employments,
as in mines, smelters, and railroad work, men are largely brought
within the scope o f such enactments. Factory, mine, and railway
regulations, fixing a minimum o f safety; weekly, semimonthly, or
monthly payment laws, fixing a minimum o f frequency for the pay
ment o f wages; and workmen’s compensation laws, fixing a minimum
of benefits for industrial injuries, are other instances of the determi
nation of boundaries of unrestricted action, or the freedom o f con1 Minimum W age Legislation in the United States and Foreign Countries, Bui. No. 167
of the United States Bureau of Labor Statistics. 1915.
9
10
INTRODUCTION.
tract, in accordance with the views o f public policy held by the
legislative bodies o f our land.
As said by Mr. Justice Holmes in speaking of another phase of the
general subject: “ Probably the modification of this general prin
ciple by some judicial decisions and by statutes is due to an opinion
that men who work with their hands have not always the freedom
and equality o f position assumed by the doctrine of laissez faire to
exist.” 2 And again: “ Courts and legislation sometimes have recog
nized that the so-called freedom to contract or not may be made
illusory by the economic situation o f one o f the parties.” 3
Laws fixing the rates of wages o f persons employed on the public
works o f a State have been enacted in a few jurisdictions, sometimes
by naming an actual rate that is to be paid, and sometimes by re
quiring that the workman shall receive not less than the rates cur
rent in the vicinity for like labor. These are applicable o f course
to adult males; but wThere private employment is concerned, only the
wages to be paid to women and children have thus far been legislated
upon in this country.
Laws as to public works are justified on the ground that the legisla
ture speaks for the public— one of the parties to the contract— and
in fixing the rate o f wages it but exercises its rights as a party to
the contract; and where the law is found to govern the actions of
contractors, it is still but a statement o f the conditions under wThich
work for the principal shall be performed. Where private employ
ment is affected, an entirely different situation presents itself, and
the doubt raised as to the power o f the legislature to intervene in
this particular phase o f the labor contract has only recently been
set at rest.
The tables below show7 that mini mum-w age laws have been enacted
in 16 jurisdictions, 8 legislatures taking action in 1913, following
the initiative o f Massachusetts^ w^hose law bears date o f 1912. This
enactment o f eight laws in a new field in a single year looked for the
moment as i f there was to be a rapid acceptance o f the idea, though
it is observable that none o f the States enacting such a law lies
east o f the Mississippi River except Massachusetts and Wisconsin,
and that these two States, with the larger part of the Western
States which took like action, are known for the favorable considera
tion with which new ideas in social legislation are likely to be re
ceived.
The constitutionality of the Oregon statute, enacted in 1913, was
promptly challenged, the subject being passed upon by the supreme
court o f the State early in 1914 ;4 and while the law was upheld
there, these cases were carried to the Supreme Court of the United
States. The validity of the laws of some of the other States was
likewise challenged, so that the uncertainty o f the status of this type
o f legislation wTas continued. The Oregon cases were argued De
cember 17, 1914, restored to the docket for reargument June 12 , 1916,
and reargued January 18, 19, 1917. The decision rendered April 9,
1917, by an equally divided court, sustained the position of the
Oregon court,5 Mr. Justice Brandeis, who had originally appeared as
2 ScMemmer v. Buffalo, etc. R. Co. ( 1 9 0 7 ), 205 U. S. 1, 27 Sup. Ct. 407.
a Continental W all Paper Co. v. V oight (1 9 0 9 ), 212 U. S. 227, 271, 29 Sup. Ct. 280.
4 Stettler v. O'Hara (Mar. 17, 1 9 1 4 ), 09 Oreg. 519, 139 Pac. 7 4 3 ; Simpson v. O'Hara
(Apr. 28 r 1 9 1 4 ), 70 Oreg. 261, 141 Pac. 158.
5 Same cases, 243 U. S. 629, 37 Sup, Ct, 475.
INTRODUCTION.
11
attorney for the law, not voting. Thus for a period of three years
the activity of the commissions charged with the enforcement of the
laws in most States was largely in abeyance, while the proponents
of the idea were likewise restrained from pressing for new legisla
tion. The result was that only two States enacted new laws in 1915
and only one in 1917. Colorado passed a law in 1917 as a substitute for
its former law on the subject, other States also amending their laws
in the meantime. In 1918, Congress enacted a minimum wage law
for the District o f Columbia; while in 1919 two new States and
Porto Rico joined the group providing this form o f regulation.
The same year was marked by the one retrogressive action o f any
State having a law on the subject, Nebraska repealing its law, which,
however, had remained inoperative since its enactment. The con
stitutional convention of the State, sitting in 1919-20, proposed an
amendment authorizing legislation on the subject, and this amend
ment was adopted at the election of September 2 1 , 1920. This, with
two amendments to the Massachusetts law, constitutes the entire
activity in this field in 1920.
An interesting fact to be noted in this connection is that an amend
ment to the Ohio constitution, submitted by the constitutional con
vention of 1912, authorizing the establishment of a minimum wage
law, was ratified by the people of the State at an election in Sep
tember, 1912, by a vote of 353,588 to 189,728, but no action has yet
been taken by the legislature in regard to the question.
The following tables show the dates of the enactment o f the laws
and the progress o f legislation. The year 1914 was barren except
for the adoption o f an amendment to the constitution of California,
and an amendmnet to the law of Massachusetts; while in 1916, the
only legislative action was an amendment made to the Massachusetts
statute.
STATES IN W H IC H LAW S W E R E EN ACTED, B Y Y E A R S , 1912 TO 1919.
Year.
State.1
State.1
Year.
Nebraska.......................................................
Arizona......... ..............................................
1917
Arkansas..........................................................
North Dakota...............................................
1915
1913
Porto Rico.....................................................
California3............................. ... .....................
1913
Oregon............................................................
Colorado...... ...................
............. .
.....................................
District1918
of Columbia
Texas..............................................................
Utah................................................................
1915
Kansas..............................................................
1912
W ashingt on...................................................
M assachuset fcs.................................................
Wisconsin......................................................
Minnesota ...................... ............................
1913
2 1913
1919
1919
1913
1919
1913
1913
1913
4
1 In this table and on the following pages the word “ State” is used as including the District of Columbia
and Porto Rico.
2 Repealed, 1919.
3 Amendment to State constitution authorizing minimum wage law, 1914.
4Repealed, 1921.
NU M BER OF LAW S EN ACTED, B Y Y E A R S , 1912 TO 1919.
Year.
1912....................................
1913....................................
Number
of laws.
1
8
Year.
1915.................................
1917............... ..................
Number
of laws.
2
1
Year.
1918.................................
191D.................................
Number
of laws.
1
3
12
BASIS FOR LEGISLATION.
BASIS FOR LEGISLATION.
The upholding of the minimum wage laws by the courts o f the
various jurisdictions is in brief a declaration o f their validity as an
exercise of. the police power of the State, i. e., a provision to pro
mote the general welfare. The commissions charged with the ad
ministration o f the laws are designated as welfare commissions in
five States; and the maintenance o f health and welfare is said to be
the end to be aimed at in the enactment and enforcement of the
laws. Such being their declared purpose, the courts have inquired
into their aptness as measures to secure the end indicated. Prece
dent was found in the. position taken by the Supreme Court of the
United States that there is a peculiar necessity for safeguarding the
health o f female employees because o f their physical structure and
their potential maternal functions, which, for the sake o f posterity
and the general welfare, must be conserved.6 Investigations have
made it a matter o f common knowledge that inadequate wages
entail detrimental consequences; and if the statute reasonably tends
to accomplish the remedial purposes indicated by the legislature it
should be upheld by the court.
The oldest law on the subject is that o f New Zealand (1894),
other British colonies following this example from time to time,,
the mother country taking action in 1909, chiefly as a means o f com
bating the evils of the so-called sweated industries, which had
been the subject o f protracted investigations. Since that date the
principle has been adopted as a remedy for less shocking conditions
found in this country, and more recently in some o f the Canadian
Provinces. It has been applied in some important instances to the
labor of adult males, but in this country not only is there no gen
eral demand for laws applicable to adult males, but the general feel
ing, and particularly the opinion o f organized labor, is against the
extension of the principle beyond its application to women and
young people. Indeed, the reason assigned by our courts for up
holding the laws—i. e., that of physical structure and function—
would not be available in the case o f a law relating to adult malesy
and this distinction is pointed out in the opinions. However, the
principle o f protection against undue exhaustion or exposure to in
jurious surroundings has been applied to workers in mines, smelters,,
compressed air, etc., on the ground o f the public welfare as repre
sented by the health o f the individual male; and the interest o f the
public in a living wage is reflected in private and governmental
agreements and awards affecting the wages o f workmen in a large
variety o f industries, large use being made o f price indexes and costof-living data in arriving at the determinations made.
Important investigations into the conditions o f employment o f
women and children, especially the former, have been carried out by
specially appointed commissions in a number o f States; while a
widely used report has been that o f the United States Bureau of
L abor 7 (now the Bureau o f Labor Statistics) based on investiga
tions covering the years 1907 and 1908. Three important facts
were established by this investigation: ( 1 ) That the pin-money
6 Muller v. State, 208 U. S. 412, 28 Sup. Ct. 324.
7 Report on condition of woman and child wage earners in the United States, S. Doc.
No. 645, 61st Cong., 2d sess.
BASIS FOR LEGISLATION.
13
theory is without real foundation, many women not only being selfsupporting, but also supporting dependents; ( 2 ) That wages are
often inadequate for such support/ thus entailing suffering and
hardship or involving a parasitism of the industry o f of the indi
vidual worker ; and (3) that establishments which pay wages ade
quate for support can successfully compete with those in the same
locality which pay poor wages.
While the actual money rates paid at the time covered by this
report would be much further below an existence level than at that
time, the fact that of 38,000 women, 18 years o f age and over,
two-fifths received less than $6 per week, and nearly three-fourths
(72.7 per cent) received less than $8 was sufficient evidence o f under
payment to cause action. Another outstanding fact was the lack
o f any systematic basis for fixing rates, identical services in one
establishment being much better paid for than in another in the same
or an adjacent community. In other words, the value of the services
rendered was not the basis for determining the amount o f wages
paid. The lack o f organization among the women and the lack of
any general knowledge o f the rates actually being paid afforded an
opportunity for a continuation o f this condition until such investiga
tions as that o f the United States Bureau of Labor and those o f the
various State commissions threw light on the situation. Beginning
in 1911 such investigations and reports have been made in Con
necticut, District o f Columbia, Kentucky, Masachusetts, Michigan,
Missouri, New York, Oregon, and Texas, besides various less inclu
sive reports in the same field. The reports in the States named have
been made mainly by State commissions specially created, but in
other cases other State agencies or voluntary organizations have
undertaken the wTork. As strongly contrasting in many ways as are
the industrial conditions in New York and Oregon, the findings o f
the New York commission and the Oregon consumers’ league are
strikingly similar, and may be taken as generally representative.
The director o f the New York investigation summarizes the situa
tion as developed in that State in 1913 and 1914 as follow s:
T he results of the investigation have proved conclusively th at h a lf the
w orkers in low -skilled lines do not receive sufficient w ages to sustain them
selves independently nor to support their fam ilies properly.
A lthough the
earning capacity o f m ost w orkers is relatively high, the large num bers o f
young w omen who live at hom e and the constant influx o f im m igrants with,
low standards o f com fort depress the rates of w ages.
M oreover, irregu lar
em ploym ent entails great loss o f earnings and prom otion is generally slow
and uncertain even for steady w orkers w ith years of experience.
T he rates fixed by m any establishm ents are not based upon a consideration
o f the needs or efficiency of the w orkers, nor upon the capacity o f the business
to pay more, but upon the ju dgm en t o f an individual m anager and the custom
in the trade.
B ecau se o f their you th , their experience, and their tim idity, m ost w orkers
can not individually secure ad van cem en t; because of lack o f organization
they can not obtain trade agreem ents upon w ages. M eanw hile this situ ation
o f a great m ultitude o f underpaid w orking people has a direct bearing upon
the grow th o f poverty, vice, and degeneracy throughout the com m unity.
If
em ployer and em ployee w ill not unite to remedy conditions, the State m u st
act in order to secure public w elfare.
The findings of the survey committee of the Consumer’s League
of Oregon relate to conditions in 1912, and have in mind the pend
ing measure which became a law in 1913. They set forth both prin
ciples and conclusions, as follow s:
14
BASIS FOR LEGISLATION.
(1> Each, industry should provide for the livelihood o f the w orkers em
ployed in it. A n industry w hich does not do so is p arasitic. T he w ell-being
o f society dem ands that w age-earning w om en shall not be required to sub
sidize from th eir earnings the in du stry in w hich they are employed.
( 2 ) O w ing to the lack o f organization am ong w om en w orkers and the
secrecy w ith w hich th eir w age schedules are guarded, there are absolutely
no standards o f w ages am ong them.
T heir w ages are determ ined, for the
m ost p art, by the w ill o f the em ployer w ithout reference to efficiency or
length o f service on the part o f the w orker.
T h is condition is rad ically
u n just.
( 3 ) T h e w ages paid to w om en w orkers in m ost occupations are m iserably
inadequate to m eet the cost o f livin g at the low est standards consistent w ith
the m aintenance o f the health and m orals o f the w orkers.
N early threefifths o f the w om en em ployed in industries in P ortland receive less than
$10 a w eek, w hich is the m inim u m w eekly w age th a t ought to be offered to
any self-supporting w om an w age earner in th is city.
( 4 ) T h e present conditions o f labor fo r w omen in m any industries are
shown by this report to be gravely detrim ental to their h e a lth ; and since m ost
w om en w age earners are potential m others, the fu tu re health o f the race is
m enaced by these u nsan itary conditions.
F o r these reasons y o u r com m ittee believes that the p assage o f the proposed
bill for an act creating an in du strial w elfare com m ission is m ost im portant
and w^e strongly recom m end th at th e Consum ers' League urgently petition the
legislatu re fo r its enactment.
The anticipated results of minimum-wage legislation, as for
mulated by the investigative commission of Massachusetts (1912),
are:
1. I t w ould prom ote the general w elfa re o f the S tate because it would
tend to protect th e w om en w orkers, and particularly the younger w omen
w orkers, from the economic distress th a t leads to im paired health and in
efficiency.
2. It w ould bring em ployers to a realization o f their public responsibilities,
and w ould result in the best ad ju stm ent o f the interests o f the em ploym ent
and o f the w om en employees.
3. I t w ould fu rn ish to the w om en employees a m eans o f obtaining the best
m inim um wTages that are consistent w ith the ongoing o f the industry w ithout
recourse to strikes or in dustrial disturbances.
I t would be the best m eans
o f insuring industrial peace, so fa r as this class o f employees is concerned.
4. I t w ould tend to prevent exploitation o f help less wom en and, so fa r as
they are concerned, to do aw ay w ith sw eating in our industries.
5. I t w ould dim inish the p arasitic character o f som e industries and lessen
th e burden now restin g on other em ploym ents.
6. I t w ould enable the em ployers in any occupation to prevent the under
cu ttin g o f w ages by less hum ane and considerate com petitors.
7. I t w ould stim u la te em ployers to develop the capacity and efficiency o f
th e less com petent w orkers in order th at the w ages m ight not be incom m ensu
rate w ith the services rendered.
8. I t w ould accordingly tend to induce em ployers to keep together their
train ed w orkers and to avoid, so fa r as possible, seasonal fluctuations.
9. I t, w ould tend to h eal the sense o f grievance in em ployees, w ho w ould
becom e in this m anner better in form ed as to the exigencies o f their trade,
and it w ould enable them to interpret m ore intelligently the m eaning o f the
p ay roll.
10. I t w ould give the public assurance that these ind ustrial abuses have an
effective and available remedy.
The earlier laws enacted were felt to be experimental, and were
generally vigorously opposed by employers, who were not able or
not willing to see in the laws any advantage for themselves, but
rather a disadvantage, particularly in regard to competition with
other States in manufactured products. The estimated benefits set
forth by the Massachusetts commission, quoted above, affect both
employer and employee, and the question o f realization is a proper
BASIS FOE. IiEG ISIiA TIO N .
15
one. It is suggestive at least to note that when the* enactment of
a minimum-wage law for the District o f Columbia was being con
sidered by Congress in 1918, instead o f opposing the law, the Mer
chants and Manufacturers’ Association of the District, by its board
o f governors, took official action in favor o f it, and was represented
to that effect, at a committee hearing, by the presence of the secre
tary o f the association. This fact was referred to as evidence that
‘‘'the lessons o f experience have not been wasted.” The advantage
o f the law most clearly anticipated by the employers’ representative
was the better morale o f the employees, and a fuller cooperation
with the employer in the successful conduct o f the business. The
committee in its report to the House says o f this action o f the
employers :
Their approval means that such legislation is recognized as being based
on sound business principles, because it makes for a more efficient and more
contented labor force. It also protects the fair and enlightened employer from
underbidding competitors.
No one appeared in opposition to the measure. The effect of this
legislation in producing such a state of affairs as was anticipated will
be touched upon when the operation of the laws is under considera
tion. However, it may be noted here that the laws have been pro
nounced by employers as most beneficial in their stabilizing effect
as furnishing a standard for both employers and employees to reckon
from, and as desirable from the employers’ standpoint on this ac
count ; so that grounds for enactment of laws o f this type may even
be found in the employers’ interest, though they were, o f course, con
ceived on behalf of the worker.
The basis of legislation of this class is largely statistical. Tables
showing actual rates o f earnings and budgets of expenses are in
controvertible, if thoroughly worked out. Yet there is always a
considerable variation in budgets, even when made up from actual
experience; and it is generally recognized that estimates vary ac
cording to the stress laid by the persons submitting them on differ
ent classes o f expenditure. An inescapable item of u sundries,” or
“ incidentals,” is almost uniformly found to be too low in estimates.
On the other hand, employers have too generally sought to avoid
the resultant sum o f admittedly proper separate items; as in one
State, when it became evident that accepted individual items would
total approximately $9 as a minimum cost o f living, the employers’
representatives offered a minimum wage o f $7.50, which was, how
ever, rejected, and a higher rate fixed.
No attempt will be made here to reproduce the statistical data,
partly because of its volume, and partly because of its familiarity
to students o f the question, at least in a general way. A chief reason
is because o f the industrial changes which have so rapidly ad
vanced wage rates that, even if not keeping up with the increase in
cost o f living, they are now quite different from any o f the rates
shown in any of the commission reports. The value o f such reports
as were made by the investigative commissions and other agencies
is at best transitory, and o f more or less local import. Fortunately,
the field is continuously covered and the results promptly made pub
lic by the price indexes and cost-of-living studies of the United
States Bureau o f Labor Statistics, of which constant use is made in
wage adjustments in many lines of industry.
16
BASIS FOR L E G IS L A T IO N .
With the exception of the States o f Arizona, Arkansas, and Utah,
the laws apply to minors (specially defined) as well as to women.
Little dispute has arisen over the inclusion of minors, who are
“ wards of the State,” though there is an obvious difference of basis
for their inclusion, at least in so far as males are concerned. Some
of the laws use different terms in defining the wage for minors,
as that it shall be “ suitable,” or “ not unreasonably low.” The
position taken by some commissions is that the minors covered by the
act are not presumed to be self-supporting, but are being trained for
industrial positions as a part of their education, so that the ques
tion o f a living wage does not enter into the calculation, at least
during the earlier part o f their employment.
Use has been made o f this difference of status between the minor
and the adult female to secure an injunction from a county court
against the Minnesota commission, to prevent its enforcing an order
fixing equal rates for women and for minors. In view o f the mate
rial difference in their requirements, the court held that separate de
terminations must be made. (Reversed on appeal, see p. 50.) In
most States a minor is a person under 18 years o f age, though in
one (Texas) the limit is fixed at 15 years. Since employment of
persons under 16 years o f age is restricted in practically all States
having minimum-wage laws, it is evident that the application o f such
laws to women is the matter o f actual interest.
The first law enacted in the United States, that of Massachusetts,
contains a saving clause, evidently looking toward placing a check on
the fixing of a living wage as a minimum if the industry is finan
cially unable to bear the cost. Wage boards are directed to consider
not only “ the needs of the employees,” but also “ the financial con
dition o f the occupation and the probable effect thereon o f any
increase in the minimum wages paid.” This introduces a new factor
into the situation and raises the question o f whether a new or un
profitable industry should be subsidized by the workers, or whether,
if new, capital should bear the organization costs, and if unprofitable,
it is entitled to an economic status as an employing industry. In
practice, the employers have relieved the situation by refusing to
submit data by which the question o f financial condition and prob
able effects could be determined. Two other States (Colorado and
Nebraska) copied this provision, but no action has been taken under
the law o f either State, while in Colorado, a later law omits it.
The facts that this provision is not found elsewhere, and that it
was omitted from the Colorado statute o f 1917, fairly support the
conclusion that the element o f the employer’s profit is not generally
regarded as properly involved in the question o f a living wage. In
deed, it would seem from one point o f view, at least, that its consid
eration would stultif}^ the general proposition, since the justification
for interference with the freedom o f contract is the protection o f
the female employee from the hardships consequent upon the pay
ment o f inadequate wages; and if unprofitable or parasitic industries
are to be the objects o f special concessions, an official sanction is
thereby given to a necessarily insufficient wage.
However, there is a general recognition o f the propriety o f paying
a wage less than the cost o f living, thus relieving the employer of the
burden o f unprofitable emploj^ees, in two classes o f cases. One has
BASIS FOR L E G ISL A T IO N .
17
been referred to, that of the minor who is learning his trade; and
the laws o f most States also provide for action bv the wage boards
and commissions by which inexperienced workers o f whatever age
shall be paid a lower rate during fixed periods, reaching the statu
tory minimum for skilled workers by prescribed advances. Sub
standard or defective workers may also be employed In most States
at a rate below the normal minimum, a license being required from
the commission before such an arrangement can be completed. Both
these provisions, for learners and for substandard workers, contem
plate wages less than the self-support that is supposed to be pro
vided by the normal rate, and imply a subsidy from other members
o f the fam ily; or perhaps, in the case o f learners, the accruing o f a
deficit to be wiped out when the full rate can be earned.
The safeguarding o f the employment o f learners and substandard
workers by the use o f permits or by restrictions of other sorts has
been quite generally regarded as necessary in order to prevent em
ployers from making use of these classes, especially learners, as a
means o f evading the law. The issue of licenses to alleged aged or
otherwise handicapped workers calls for careful scrutiny to avoid
the bearing down o f wages by undue pressure or by an unwarranted
construction o f the term “ substandard.” As to learners, the situation
is more varied. Some employments may be carried on fairly suc
cessfully by persons of slight experience, so that the discharge o f a
worker just completing the learning period may seem to avoid un
necessary labor costs by replacing such workers by new ones at be
ginners’ rates. I f there is a full labor supply the law can thus be in
effect evaded tfnless the number o f learners permitted is restricted.
But the situation may be met in general by reducing or eliminating
the learning period at reduced pay in emplojonents where experience
is not valued by the employer. The widespread demand for better
individual output and the increasing recognition o f the cost o f labor
turnover operate as a check on this mode of attempting to avoid
compliance with the spirit o f the law, a mode which is certainly eco
nomically wasteful in its general effects and quite probably in its
particular consequences. Still, some complaint on this score con
tinues to be made.
On the basis of modes of securing compliance therewith two types
o f laws exist. Massachusetts led off with a law based on the in
fluence o f public opinion only, no actual legal enforcement o f rates
being provided for. Names o f recalcitrant employers might be pub
lished in the newspapers, and a penalty attached in case a newspaper
refused to publish names furnished by the commission. This provi
sion was copied by Nebraska, but by no other State. A ll other juris
dictions provide fine or imprisonment, or both, in case the prescribed
rate is not paid.
PROVISIONS OF THE LAW S.
SCOPE.
Two factors are involved under this heading, persons and indus*
tries.
Persons.— O f the 15 laws now in existence, 1 1 apply to male minora
as well as to females, while 4 (Arizona, Arkansas, Porto Rico, and
37559°— 21------- 2
18
PR O V ISIO N S OF T H E L A W S .
Utah) refer to females only. The law o f Arizona contains no allu
sion to age, and the $10 weekly rate is therefore applicable to all
employable females covered by the act, the minimum age being 14
years. That of Arkansas fixes wages for “ female workers ” only,
experienced and inexperienced, and makes no reference to age. In
Porto Rico and Utah separate provisions are made for female minors
under 18 and for adult females.
While all other laws on the subject embrace minor males as well as
females, there is some variety o f definition. A ll but three o f these
define minors as persons under 18 years o f age. In the Texas law the
limit was 15 years, while in Minnesota the law applies to male minors
under 21 and females under 18. The Wisconsin statute uses the term
“ minor ” without definition.
Industries.— Ne&rly all the laws are very general in their enumera
tion o f industries, covering “ any trade, occupation, or industry in
which women and minors are employed ” or u any occupation within
the State.”
The law o f the District o f Columbia excepts domestic service, and
that of Texas nursing and agricultural and domestic service. In
Arkansas, manufacturing, mechanical, and mercantile establishments,
laundries, and express and transportation companies are named.
However* the law is also applicable to “ any industry wherein females
are employed,” excepting work in cotton factories or in the gathering
of fruits and farm products. The law o f Arizona applies to stores,
offices, shops, restaurants, dining rooms, hotels, rooming houses, laun
dries, and manufacturing establishments. That o f Porto Rico is re
stricted to industrial, commercial, and public-servics undertakings.
The law o f Arizona expressly, and that o f Arkansas apparently,
agree with that o f the District of Columbia and that o f Texas in not
applying to domestic service, which can hardly be classed as an indus
try. In the other jurisdictions the common procedure o f an investi
gation and the making of orders leaves untouched such industries
and occupations as have not yet been taken up by the commissions,
and none has as yet fixed a rate for private domestic service or for
farm labor.
ADMINISTRATIVE BODIES.
Administrative bodies are of two kinds—permanent and general,
concerned with both the determination and the enforcement o f rates
in all industries covered; and advisory and special, concerned only
with the determination o f rates in a specific industry, being often
also transitory, their existence terminating with their action in a
particular case.
Permanent bodies.— The first law in this field, that o f Massa
chusetts, provided a special commission for its administration, and
this provision was adopted by nine other States.8 However, in 1919
the Legislature o f Massachusetts placed the work of administration
in the hands o f the newly established department of labor and in
dustries, which has general charge of labor matters. This agrees
with the laws o f Colorado and Wisconsin, and with the law o f Utah
since 1917, though in these States the office is known as an industrial
t
9 Arkansas, California, D istrict of Columbia, Kansas, Minnesota, Nebraska (repealed).
Oregon, Texas, and W ashington.
A D M IN IS T R A T IV E BODIES.
19
commission. In Porto Rico and originally in Utah, also, the mini
mum-wage laws were intrusted to the bureau o f labor, while in North
Dakota the workmen’s compensation bureau administers the law.
A number o f the laws require a representation o f employers and
o f employees on the commission.
In Arizona there is no administrative provision whatever, the
supervision resting in the hands o f the ordinary law enforcement
officials.
In but two jurisdictions 9 are the commissions restricted to the sub
ject o f minimum wages only, the question o f hours being also in their
hands in Arkansas, while in five States 10 they have general powers
as to conditions o f employment o f women and minors. In the States
in which a general commission administers the law their powers o f
course are much broader than the question o f minimum wages alone.
Advisory bodies.— With duties limited to the investigation of con
ditions and the making o f recommendations, advisory bodies are pro
vided for in the laws of most minimum-wage States. In Arizona,
Porto Rico, and Utah, where the rate is fixed by law, no occasion
for such agencies exists. In Arkansas, though there is a fixed rate,
there is also authority to raise or lower the rate if the results o f in
vestigation show the need o f such procedure. However, the com
mission is to do this after public hearing, without having recourse
to an advisory board, and no such board is provided for by the act.
In Texas, also, though all rates must be fixed by the commission, no
provision is made for investigations or other preliminaries to be car
ried on by anyone other than the commission or its investigators.
The laws o f the other 10 States 11 provide for wage boards, con
ferences, <>r advisory boards, as they are variously designated, made
up of representatives o f employers, employees, and (except in Cali
fornia) of the public. Employer and employee representatives are
nominated by the respective groups and appointed by the commis
sion; public representatives, if any, are appointed by the commis
sion directly. In five States 12 one or more members o f the com
mission participate either in lieu o f or in addition to other public
representatives. The appointment o f these boards is mandatory
in four States 13 only, being optional in the others. However, boards
have been made use of wherever provided for if the commission has
functioned. Separate boards are contemplated for each industry
acted upon, their powers being to make investigations and recom
mend rates. The rules governing their procedure are formulated
by the commissions.
FIXING THE W AGE RATE.
(a)
Basis.—Where the legislature fixes the rate there may be a
legislative finding that a less amount is inadequate to supply the
necessary cost o f living ,14 or the rate may be fixed merely as an
act o f legislative determination, without explanation .15 In Arkansas
9 District of Columbia and Minnesota.
10 California, Kansas, Oregon, Texas, and W ashington.
11 California, Colorado, District o f Columbia, K ansas, M assachusetts, Minnesota, North
Dakota, Oregon, Washington, and Wisconsin.
12 California, Colorado, D istrict of Columbia, Oregon, and W ashington.
13 Kansas, Massachusetts, W ashington, and Wisconsin.
14 Arizona.
15 Porto Rico and Utah.
20
P R OVISIONS OF T H E L A W S .
no reason is given for the rate fixed, but the commission, in its
future determinations, is to have regard to the amount necessary to
cover the “ cost of proper living ” and u to maintain the health and
welfare ” o f employed women. A living wage for women, or one
that will provide the necessary cost of a proper living and maintain
health, is the test in the other jurisdictions, with slight changes in
phraseology. The law of Minnesota speaks of the necessary com
forts of a reasonable life, while that o f Wisconsin evidently regards
the term 44welfare” as inclusive of all factors. In the District of
Columbia wages must also be adequate to protect morals.
In prescribing rates for minors the same test may be laid down as
for female workers generally ; 16 or the judgment of the commission
may be exercised to determine whether the wages are suitable 17 or
unreasonably low ,18 the laws evidently not contemplating that minor
employees must necessarily be self-supporting.
(b)
Procedure — This is a matter that, of course, concerns only
those States in which a rate must be fixed by the commission, either
alone or in conjunction with wage boards or conferences. The first
step in this group of States is to determine what occupation or em
ployment shall be considered, and this may be done in any State
at the option o f the commission, and also on petition or request o f
persons engaged in the occupation 19 or “ on the filing of a verified
complaint of any person.” 20
A preliminary investigation discloses the desirability or otherwise
o f the fixing o f a minimum wage. I f action is decided upon, the com
mission may proceed to a determination of the rate by itself, except
in the four States in which the use of an advisory board is mandatory.
In so far as the fixing o f rates for minors is concerned, action by the
commission alone is specifically provided for in the laws o f six
States.21
After a wage board has been organized, employer and employee
witnesses are called and employers’ records examined, in an effort to
disclose current rates and to establish a standard o f living. Public
hearings give opportunity for interested persons to appear volun
tarily. A fter such hearings and investigations, the board makes
recommendations to the commission. I f it approves, a preliminary
publication is made o f the rates and notice given o f a public hearing,
after which the rates may be promulgated, to be effective at a date
fixed. I f it disapproves, the matter may be referred back to the wage
board, or a ne w board organized.
The laws generally provide that the commission may approve o f any
or all or disapprove any or all the findings of the board. In Califor
nia the commission is to fix a wage after receiving the report of the
board, the function o f the latter being regarded as advisory on ly; and
a similar construction has been given some other laws, so that find
ings may be modified as well as being either approved or rejected.
Promulgation may be by publication or by mailing to employers af
fected, or both. The laws generally provide that a copy or copies of
16 Arkansas, California,, Kansas, Minnesota, Texas, and Wisconsin.
17 Massachusetts and W ashington.
18 Colorado, D istrict of Columbia, North Dakota, and Oregon.
19 Arkansas, California, Colorado Kansas, Minnesota, and Texas.
20 Wisconsin.
31
Colorado, D istrict of Columbia, Massachusetts, North Dakota,
ington.
Oregon, and W ash
F IX IN G T H E W A G E RATE.
21
the orders shall be posted in accessible places for the information of
employees.
(c)
Reconsideration— Orders issued may be reconsidered by the
commission on petition of the parties affected ; 22 in other States
either on such petition or its own initiative.23 Either the same or a
new board may be used, though in California, Minnesota, and W is
consin action by the commission alone is contemplated. Reconsidera
tion is in the discretion of the commission, though the law o f Minne
sota makes it obligatory if approximately one-fourth o f the employers
or employees in the occupation request it. In Wisconsin rehearings
are granted only if the points submitted appear not to have been
adequately considered in the first instance.
APPEALS TO COURTS.
Appeals to courts from the determinations of the commissions are
permitted in most jurisdictions. This of course does not apply where
the rate is fixed by the statute,24 nor are appeals provided for in
Arkansas even when the commission fixes rates. The law of Minne
sota contains no provision for appeals, while that of Colorado allows
appeals only in case o f fraud. Appeals may be allowed on questions
o f law only ; 25 where the commission exceeded its powers or a de
termination was procured through fraud ; 26 where the action of the
commission is unauthorized, confiscatory, or unreasonable; 27 or where
it is unlawful or unreasonable.28 In one State 29 any employer may
show that his business would be rendered unprofitable by paying
the rates fixed and secure an order against the publication o f his
name as not complying with the law.
SPECIAL PROVISIONS.
Persons incompetent to earn the standard wage by reason of age
or disability due to physical or mental defect may be issued licenses
permitting employment at lower rates in all States except those in
which the rate is statutory. Similar provisions are made for learners
in every jurisdiction except Arizona. The law of California au
thorizes the commission to restrict the number of licenses for learn
ers as well as for substandard workers. In three other States 30 the
number o f licenses that may be issued to substandard workers may
not exceed one-tenth o f the number o f persons employed in the
industry, occupation, or establishment. The law of Texas may ap
parently be construed to apply the same rule to learners; while that
of Kansas, in general terms, gives the commission authority to es
tablish restrictions of numbers for both learners and substandard
workers.
22 Colorado, Kansas, and Wisconsin.
23 California,, M assachusetts, Minnesota, Texas, and Washington.
24 Arizona, Arkansas, Porto Rico, and Utah.
25 D istrict of Columbia, North Dakota, Oregon, and Washington.
26 California and Texas.
27 Kansas.
28 Wisconsin.
29 Massachusetts.
80 Colorado, Minnesota, and Texas.
PR OVISIONS OF T H E
22
LAW S.
PROVISIONS IN CASE OF VIOLATIONS.
(a) Civil.— Where the employer has failed to pay the rate fixed,
it would seem that there would be a civil liability for the balance;
and specific provisions to this effect, including also costs and at
torneys’ fees, are found in the laws o f nine States.31 In three o f
these 32 the commission is formally authorized to take action to secure
such recovery; while in Minnesota, and no doubt in other States, the
general enforcement powers are sufficiently broad to permit action
to be taken in this direction. Massachusetts is of course an exception.
(b) Penal.— Noncompliance with the law subjects the employer to
fine or imprisonment in every minimum-wage jurisdiction but one ; 33
in this the names of recalcitrant employers may be printed in the
newspapers. In the States having commissions and boards before
which employees are expected to testify, or to which complaints of
employees may be submitted (all except four ) ,34 the protection o f
such employees is sought by penalizing their discharge or other dis
advantageous treatment.
The foregoing provisions are set forth in comparable form for
each State in the analysis found on the following pages.
C O M P A R A T IV E A N A L Y S IS OF P R IN C IP A L F E A T U R E S .
ARIZONA.
Date of enactment.— Marcli 8, 1917. Chapter 38, Acts o f 1917.
Scope of law:
(a) Industries: Stores, offices, shops, restaurants, dining rooms, hotels,
rooming houses, laundries, and manufacturing establishments.
(b) Classes of employees: Females.
Administrative bodies:
(a) Permanent: None specified. Violation constitutes a misdemeanor, to
be prosecuted by the ordinary law enforcement officials.
(b) Advisory: None provided for.
Method of fixing wages.— Fixed by legislative action; $10 weekly minimum.
(a) B a sis: A less amount is inadequate to supply the necessary cost of
living to maintain health, and provide the common necessaries of life.
( b) Procedure : No provision.
(c) Reconsideration: No provision.
Appeals to courts.— No provision.,
Special provisions:
(a) For learners: None.
(b) For substandard workers: None.
Provisions in case of violations:
(a) C iv il: None.
(b) Penal: Fine of $50 to $300 or 10 to 60 days’ imprisonment, or both, for
each offense.
ARKANSAS.
Date of enactment.— March 20, 1915.
Act 191, Acts of 1915; amended, Act No.
275, Acts of 1919.
Scope of law:
(a) Industries: Specifically— Manufacturing, mechanical, and mercantile
establishments, laundries, and express and transportation com
panies; in general, any industry employing females. Excepted are
cotton factories and the gathering of fruits and farm products.
(b) Classes of employees: Females.
31 California, Colorado, District of Columbia, K ansas, Minnesota, North Dakota, Oregon,
Texas, and W ashington.
32 California, Colorado, and Texas.
83 Massachusetts.
^ A riz o n a , Arkansas, Porto Rico, and Utah.
CO M P AR A TIV E A N A L Y S IS OF P R IN C IP A L F E A T U R E S .
23
Administrative bodies:
(a) Permanent: Minimum wage commission, composed o f three persons—
the commissioner of labor and statistics, a woman to be appointed
by the commissioner, and a woman appointed by the governor. No
term, expenses, or compensation provided for. H as power to hold
public hearings; to enter establishments and inspect books; to fix
wages and h ours; to increase or decrease the minimum wage estab
lished by law except for. hotels and restaurants, where the minimum
may not be exceeded; to exercise full police pow ers; to enforce act.
(b) Advisory bodies: No provision.
Method of fixing wages.— Fixed by legislative action for industries specifically
designated: Less than six months’ experience, $1 per d a y ; experi
enced females $1.25. M a y be increased or decreased by commission,
which also fixes rates for other industries included within scope of
law. Action initiated on complaint.
(a) B asis: W ages must be adequate ta supply a woman or minor female
worker with the necessary cost of proper living and to maintain her
health and welfare.
(&) Procedure: Public hearings are held and interested parties present
arguments; commission determines wThat shall be the minimum ra te;
order is issued by commission fixing the rate, which then becomes
the legal rate.
(c) Reconsideration: No provision.
Appeal to courts.— No provision.
Special provisions:
( a) For learners: Females of less than six months’ aggregate experience,
$1 per day.
( b ) For substandard w orkers: No provision.
Provisions in case of violations:
{a) C iv il: None.
(6 ) Penal: Fine of $25 to $100, each day of noncompliance to constitute
a separate offense.
CALIFOBJTIA.
Date of enactment.— Amendment to constitution, article 20, section 17£, Novem
ber 3, 1914. Law enacted May 26, 1913, chapter 324, Acts of 1913;
amended chapter 571, Acts of 1915.
Scope of law:
(a) Industries: “Any trade, occupation, or industry in wThich women and
minors are employed.”
(b) Classes of employees: Women, and minors under 18 years of age.
Administrafive bodies:
(а) Permanent: Industrial wrelfare commission, composed o f five members,
one a woman, appointed by the governor; term four years, at com
pensation of $10 per day and expenses when engaged in the perform
ance o f official duties. H as power to hold public hearings; to sub
poena witnesses; to administer oaths; to compel the production of
evidence; to secure punishment for contempt; to examine books, e tc .;
to enter prem ises; to establish wage boards; to make rules and regu
lations for itself and for wage boards; to fix wages, hours, and con
ditions of la b or; to issue special licenses; to reconsider orders; and
to enforce the act.
(б ) Advisory: W age boards, composed of an equal number of representa
tives of employers and employees, number fixed by the commission.
Compensation $5 per day and expenses. Have power to hear testi
mony and consider cases submitted to them by the commission; to
make findings to the commission on wages, hours, and conditions of
labor.
Method of fixing wages.— W age is fixed by the commission after hearings, or
on recommendations of wage board.
{a) B asis: W ages should be adequate to supply women and minors the
necessary cost of proper living, and maintain their health and
welfare.
P R OVISIONS OF T H E L A W S .
24
Method of fixing wages— Concluded.
( b ) Procedure: Commission on its own motion or on petition, holds public
hearings and fixes the minimum wage, e tc .; or calls a conference or
wage board, which makes findings on which the commission a cts;
public hearing is held after notice; orders effective after 60 days.
(c) Reconsideration: Reconsideration of an order may be had on motion
of the commission or on petition of either employers or employees.
Appeal to courts.— Appeals are allowed on grounds that the commission acted
without or in excess of its powers, or that the determination was
procured by fraud.
Special provisions:
(a) For learners: Special licenses may be issued by the commission fixing
learning period, wage, and conditions of labor, the number being
subject to regulation by the commission.
( b ) For substandard w orkers: Special licenses fixing wage may be issued
by the commission, good for 6-montli periods, the number being sub
ject to regulation by the commission.
Provisions in case of violations:
(a) C iv il: Employee may recover wage balance and costs, and the commis
sion may take all proceedings necessary to that end.
(b) P enal: Minimum fine of $50 or 30 days’ imprisonment, or both, for
violation, or for discrimination against employee testifying at an
investigation.
COLORADO.
Date of enactment.— Apr. 20, 1917. Chapter 98, Acts of 1917.
Scope of law:
(a) Industries: “Any occupation within the State of Colorado.”
(b) Classes of employees: Women, and minors under 18 years of age.
Administrative bodies:
(a) Permanent: Industrial commission, composed of three persons ap
pointed by the governor, not more than two from the same political
party, one to represent employers and one to represent employees,
for terms of six years, at $4,000 annually and expenses. H as power
to make investigations; to hold public hearings; to subpoena wit
nesses ; to administer o ath s; to compel the production of evidence;
to secure punishment for contempt; to examine books, e tc .; to enter
prem ises; to establish wage boards; to make rules and regulations
for itself and the wage boards; to fix hours, wTages or conditions of
labor directly, or with advice; to issue special licenses; to reconsider
orders; and to enforce act.
(&) Advisory: W age boards, composed of not more than three representa
tives of employers, three of employees, and three of the public (at
least one of each to be a wom an), and one representative of the
commission. Compensation same as allowed jurors of the secondclass counties ($2 per day) and expenses. Has power same as com
mission to subpoena witnesses; to administer oaths; to compel the
production of evidence; to make reports to commission as to wages,
hours, and conditions of labor.
Method of fixing wages.— Fixed by industrial commission either with or with
out the advice o f a wage board.
(a) B a sis: Unlawful to employ women at wages which are inadequate to
supply the necessary costs of living and to maintain health, or
minors at unreasonably low wages.
( h) Procedure: Commission makes investigation on its own initiative or
on petition o f 25 persons engaged in the occupation; may fix hours,
wages, and conditions of labor, or call a wage board to make recom
mendations ; commission may approve, disapprove, or recom m it;
public hearing is held after notice; order made by commission; effec
tive after 30 days.
(c) Reconsideration: Orders may be reconsidered at the discretion of
the commission on petition of employers or employees; wage board
is reconvened or a new one established.
Appeal to courts.— No specific provision. “ The findings of fact made by the
commission acting within its powers shall, in the absence of fraud,
be conclusive and the determination made by the commission shall
be subject to review only in the m anner” prescribed for reconsid'
erations.
COM P AR A TIV E A N A L Y S IS OF P R IN C IP A L F E A T U R E S.
25
Special provisions:
( a) For learners: Rates to be graded on a rising scale.
( b ) For substandard w orkers: Special licenses may be issued by commis
sion, fixing the wage. Such licenses may not be given to more than
one-tenth of the workers of any establishment.
Provisions in case of violations:
( a ) C ivil: Employee may recover wTage balance and costs, and the com
mission may take all proceedings necessary to that end.
( b ) P en al: Minimum fine of $100 or 30 days’ imprisonment, or both. Dis
crimination against an employee testifying at an investigation is a
misdemeanor. Fine of $200 to $1,000 for each offense.
DISTRICT OF COLUMBIA.
Date of enactment.— September 19, 1918. Chapter 174, 40 Stat. 960.
Scope of law:
(a) Industries:' “Any occupation in the District of Colum bia” except
domestic service.
(b) Classes of workers: Women, and minors under 18 years of age.
Administrative bodies:
(a) Permanent: Minimum wage board, composed of three members, ap
pointed by the Commissioners of the District of Columbia, one to be
a representative of employers, one of employees, and one of the
public, for terms of three years. No provision for compensation.
Has power to make investigations; to hold public hearings; to sub
poena w itnesses; to administer oath s; to compel the production of
evidence; to secure punishment for contempt; to examine books,
e tc .; to establish conferences; to make rules and regulations for
carrying out act and for selecting members of conferences; to ascer
tain and declare a standard wage; to issue special licenses; to in
vestigate compliance or noncompliance with orders.
(b) Advisory: Conferences, composed of not more than three representa
tives of employers, three of employees, and three of the -public, and
one or more of the board. No compensation or expenses provided
for. Has power to examine and inquire into cases submitted to it
by the board and report findings.
Method of fixing ivages.— Fixed by minimum wage board with advice of con
ference, except for minors, where no conference is contemplated.
(a ) B asis: W ages must be adequate to supply women with the necessary
cost of living to maintain them in health and protect their morals,
and not be unreasonably low for minors.
(b) Procedure: Board investigates and may call a conference which con
siders the case, and makes recommendations to b oard; if it approves,
board advertises and holds a public hearing; or it may disapprove
and resubmit to conference; board issues an order effective after 60
days.
(c) Reconsideration: Not provided for.
Appeal to courts.— Allowed on questions of law only.
Special provisions:
(a) For learners: Board may fix lower minimum which may have effect
(b)
for only a fixed period of time in each case.
For substandard workers: Board may issue special licenses fixing
wages.
Provisions in case of violations:
(a) C ivil: Employees may recover wage balance and attorneys’ fees.
(b) Penal: Fine of $25 to $100 or imprisonment for 10 days to three
months, or both. Discrimination against an employee testifying or
serving on a conference is a misdemeanor— fine, $25 to $100.
KANSAS.
Date of enactment.— March 6, 1915. Chapter 275, Acts of 1915.
Scope of law:
{a) Industries: “Any industry or occupation.”
(b) Classes of w orkers: Women, learners, apprentices, and minors under. 18.
26
PROVISIONS OF T H E LAW S.
A dm in istrative bodies:
(a) Perm anent; Industrial welfare commission, composed o f three mem
bers, one the commissioner of labor, one a woman, and no two from
the same congressional district, appointed by the governor for four
years.
No compensation provided for, but expenses are allowed.
Has power to make investigations; to hold public hearings; to sub
poena w itnesses; to administer o ath s; to compel the production of
evidence; to prescribe and inspect employers’ registers; to establish
wage boards; to make rules and regulations for itself and the
boards; to issue orders fixing hours, w^ages, or conditions; to issue
special licenses; to reconsider orders; and to enforce their observance.
(b) A dvisory: W age, hour, or sanitary boards, composed of three repre
sentatives of employers, three of employees, and one of the public,
appointed by the commission at the same compensation as allowed
to jurors ($2 per day) and expenses. H as power to examine cases
submitted to it by the commission; to hear testim ony; and to make
reports and recommendations.
Method of fixing w a g es .— Fixed by industrial welfare commission, with advice
of boards.
(a ) B a sis: Wages must be adequate for the support and maintenance of
women and minors.
( b ) Procedure: Commission makes investigation on its own initiative or on
petition of 25 persons engaged in the occupation; holds public hear
in gs; may establish board to investigate and report recommenda
tions ; commission may approve or disapprove and resubmit to board;
public hearing is held after notice; order is effective after 60 days.
(c ) Keconsideration: Rehearings are allowed in the discretion of the com
mission on petition of employers or employees, with same or new
board.
Appeal to courts .— Allowed on the grounds that order is unauthorized by law,
or is confiscatory or unreasonable.
Special provisions:
(a ) For learners: Special licenses may be issued by commission fixing
wages and hours.
v
( b ) For substandard w orkers: Special licenses m ay be issued by commis
sion fixing wages and hours.
Provisions in case of violations:
O ) C ivil: Employee may recover wage balance, costs, and attorneys’ fees,
(fr) P e n al: Fine of $25 to $100 for violations or discrimination against any
employee testifying, or who signs any petition or complaint.
MASSACHUSETTS.
B a te o f enactm ent .— June 4 ,1 9 1 2 . Chapter 706, Acts of 1912; amended, chapter
368, Acts of 1914; chapter 65, Acts of 1915; chapter 303, Acts o f 1916.
Scope of la w :
(a) Industries: “ Any occupation in the Commonwealth.”
( b ) Classes of employees: Women, and minors under 18.
A d m in istra tive bodies:
( a ) Permanent: Division of minimum wage in the department of labor
and industries. H as power to make investigations; to hold public
hearings; to subpoena w itnesses; to administer o ath s; to take testi
mony ; to examine books, e tc .; to establish wage boards; to make
rules and regulations for itself and the wTage boards; to fix wages by
order or decree; to issue special licenses; to reconsider orders; to
investigate compliance or noncomplianee; and to publish the names
o f the employers who accept and who reject the decrees.
(b ) Advisory: W a ge boards, composed of an equal number of representa
tives o f employers and employees, and one or more o f the public.
Same pay as allowed jurors ($4 per day) and expenses. H ave power
to consider cases submitted by the commissioners and report recom
mendations.
Method of fixing t m g e s .— Fixed by the division o f minimum wage with the
advice of the wage boards, except for minors where wage boards are
not required.
( a ) B a sis: W ages paid to females must be adequate to supply the neces
sary cost of living and to maintain the worker in h ealth ; to minors,
must be suitable.
COM PAR ATIVE A N A L Y S IS OF P R IN C IP A L F E A T U R E S .
27
Method of fixing wages— Concluded.
( b ) Procedure : Commissioners make investigations and may establish wage
board, which considers the facts and reports its recommendations.
Commissioners accept, or reject and resubmit; public hearing is held
after notice and decree is entered fixing wage.
(c) Reconsideration: Reconsideration may be had on petition of employers
or employees, or voluntarily, with the same or a new wage board.
Appeal to courts.— Allowed on ground that compliance with the order of the
division would render it impossible to conduct the business so as to
render a reasonable profit.
Special provisions:
( a ) For learners: Board to recommend suitable wages.
( b ) For substandard w orkers: Special licenses may be issued.
Provisions in ease of violations:
(a) C ivil: None.
(b ) Penal: Recalcitrant employers may be given publicity by publishing
their names in the newspapers. Newspapers refusing to make such
publications shall be fined not less than $100 for each offense. Dis
crimination against an employee testifying or serving on a wage
board is a misdemeanor— fine $200 to $1,000.
MINNESOTA.
B a te of enactment.— April 26, 1913. Chapter 547, Acts of 1913.
Scope of laic:
(a) Industries: “Any business, industry, trade, or branch of a trade.”
(&) Classes of workers: Women and minors (males under 21, females
under 18 ).
Administrative bodies:
(a) Permanent: Minimum wage commission, composed of three persons,
one the commissioner o f labor, one an employer of women, and one a
woman, appointed by the governor for two years without compensa
tion, except $1,800 for the woman member, who acts as the secre
ta r y ; expenses are allowed. Has power to make investigations; to
hold public hearings; to subpoena witnesses; to administer oaths; to
. compel the production of evidence; to examine books, e tc .; to estab
lish advisory boards; to make rules and regulations for itself and
the boards; to fix minimum wages directly or with advice of b oards;
to issue special licenses; to reconsider orders; and to enforce the act.
(ft) Advisory : Advisory boards, composed of not less than 3 nor more than
10 representatives of em ployers; equal number for employees; one
or more for the public; one representative of the public must be a
woman and one-fifth of the entire membership must be women. No
provision is made for compensation or expenses. Have power same
as commission’s to subpoena witnesses; to administer oaths; to com
pel the production o f evidence; to consider cases submitted by the
commission; and to report recommendations.
M ethod of fixing wages.— Fixed by the minimum wage commission directly, or
with the advice of an advisory board.
(a') B a sis: W ages of women and minors must be living wages, sufficient
to maintain the worker in health and supply the necessary comforts
and conditions o f reasonable life.
(b) Procedure: Commission investigates on its own initiative or on peti
tion of 100 persons engaged in the occupation, holds public hearing,
and makes order fixing w age; or calls an advisory board, which con
siders the facts and makes recommendations; commission reviews
recommendations and, if approved, makes an order, which is effective
after 30 days.
( c ) Reconsideration: Reconsideration by the commission is provided for,
either on its own initiative or on petition of one-fourth of employers
or employees in any occupation.
Appeal to courts.— No provision.
Special provisions:
(a) For learners: Commission may fix “ minimum wages sufficient for
living wages for learners and apprentices.”
( b ) For substandard w orkers: Special licenses may be issued by the com
mission fixing a special wage, but not to more than one-tenth of the
workers in one establishment.
28
P R OVISIONS OF T H E L A W S .
Provisions in case of violations:
(a) C ivil: Employee may recover wage balance, costs, and attorney’s fees.
( b ) P en al: Fine of $10 to $50 or 10 to 60 days’ imprisonment. Discrimina
tion against an employee testifying is unlawful.
NORTH DAKOTA.
D ate of enactment.— March 6, 1919. Chapter 174, Acts of 1919.
Scope o f law:
(a) Industries: “Any occupation,” which includes a business, industry,
trade, or branch thereof, but not agriculture or domestic service.
(b) Classes of employees: Women and minors under 18 years of age.
Administrative bodies:
(a) Permanent: Workmen’s compensation bureau, consisting of the com
missioner of agriculture and labor, the commissioner of insurance,
and three members appointed by the governor for terms of five years,
at salaries of $2,500 per year. H as power to fix standards of hours,
wages, and conditions of employment of women and m inors; to
prepare and promulgate rules for the selection of members of con
ferences and for their procedure; to make investigations, subpoena
witnesses, and require reports from em ployers; and to make orders
and promulgate rules for their enforcement.
( b ) A d visory : Conferences composed of not more than three representatives
of employers in the occupation under consideration, an equal num
ber o f representatives of employees, not more than three disinterested
persons representing the public, and one or more members of the
workmen’s compensation bureau. No provision is made for compen
sation or expenses. Have power to consider any subject referred
to them by the bureau and to make findings and recommendations
thereon.
Method of fixing wages.— Standards for women and minors are to be ascer
tained and declared by the workmen’s compensation bureau.
(a) B a sis: W ages for women must be adequate to supply necessary cost
of living and maintain them in health; for minors, not unreasonably
low.
( b ) Procedure: Investigation by any commissioner of the bureau or his
representative, public hearings by the bureau, appointing members
and convening conference of representatives of employers, employees,
and the public, upon whose report the bureau shall make recom
mendations and, after a public hearing, issue orders effective in 60
days.
(c) Reconsideration: None provided for after recommendations of the
conference.
Appeal to courts.— No appeal on questions of fact. Right of appeal to district
court of Burleigh County from any ruling or holding on a question
o f law, and from that court to the supreme court o f the State.
Special provisions:
(a) For learners: Bureau may issue licenses for employment at less than
minimum wage.
( b ) For substandard w orkers: Same as for learners.
Provisions in case of violations:
(a) C ivil: Employees may recover in civil suit full amount of minimum
wages, less any amount actually paid, together with such attorneys’
fees as may be allowed by the court.
(b) Penal: Fine of $25 to $100, or imprisonment in county jail not less
than 10 days nor more than three months, or both, in discretion of
the court, for failure to pay w ages; fine as above for discrimination
against employees testifying, etc.
OREGON.
Date of enactment.— February 37, 1913
Chapter 62, Acts o f 1913; amended,
chapter 25, Acts of 1915.
Scope of law:
(a) Industries: “Any occupation in the State of Oregon.”
(b) Classes of em ployees: Women, and minors under 18 years o f age.
C O M PAR ATIVE A N A L Y S IS OF P R IN C IP A L F E A T U R E S .
29
Administrative bodies:
(a) Permanent: Industrial welfare commission, composed of three
members, one to represent employers, one the employees, and one the
public, appointed by the governor for a term of three years. No com
pensation is allowed, but expenses are provided. H as power to make
investigations; to hold public hearings; to subpoena witnesses; to
administer o ath s; to examine books, e tc .; to establish, name and
appoint wage boards or conferences; to make rules and regulations
for carrying out the a c t ; to ascertain and declare hours, wages, and
conditions of labor; to issue special licenses; to make overtime orders
in emergencies; to review reports of conferences; and to enforce
the act.
( b ) A d visory: Conferences, composed of equal numbers, not more than
three, of employers, employees, and the public, appointed by the com
mission, and one or more of the commission. No compensation or
expenses provided for. Have powers to hear testimony, to consider
cases submitted by the commission, and to report findings and
recommendations.
Method of fixing ivages.— Fixed by the industrial welfare commission, with
advice of conference, except for minors, where conference is not
contemplated.
(a ) B a sis: It is unlawful to employ women at wages inadequate to supply
them with the necessary cost of living and maintain them in health;
or minors at unreasonably low wages.
(b) Procedure: Commission investigates, holding public hearings; confer
ence is called which considers the case, and reports to the commis
sion ; the commission approves or disapproves and resubmits; if it
approves, it holds a public hearing after notice, when an order is
issued which may apply to designated localities or branches of in
dustry, effective after 60 days.
(c) Reconsideration: No provision.
Appeal to courts.— Allowed on questions of law only.
Special provisions:
(a) For learners: Separate orders may be made for minimum wage, and
time limit for payment of same be fixed in the same way as regular
wages.
(b) For substandard workers: Special licenses may be issued by the
commission.
Provision in case of violations:
(a) C ivil: Employee may recover wage balance and attorneys’ fees.
(b) Penal: Fine of $25 to $100 or 10 days’ to 3 months’ imprisonment,
or both. Discrimination against an employee testifying is a mis
demeanor— fine of $25 to $100.
PORTO RICO.
Date of enactment.— June 9, 1919. Act No. 45, Acts of 1919.
Scope of law :
(a) Industries: Industrial, commercial, and public-service undertakings.
(b) Classes of employees: Women and girls.
Administrative bodies:
(a) Permanent: The bureau of labor.
( b ) Advisory : None.
Method of fixing wages.— W ages are fixed by the act, $4 per week up to 18
years of age, and $6 per week for those above 18.
(a) B asis: Lower rate unlawful.
(&) Procedure: No provision.
(c) Reconsideration: No provision.
Appeals to courts.— No provision.
Special provisions:
(a) For learners: First three weeks of apprenticeship are exempt from
the provisions of the act.
(b) For substandard workers: None.
Provisions in case of violations:
(a) C ivil: None.
( b ) P en al: Fine of from $5 to $50.
30
PR O V ISIO N S OF T H E L A W S .
TEXAS.
D ate of enactment.— April 3,1 919 . Chapter 160, Acts of 1919.
Scope of law :
(a) Industries: “Any occupation, trade, or industry” in which women
and minors are employed, except domestic service, nursing, and farm
or ranch labor.
(b ) Classes of employees: Women, and minors under 15 years of age,
excepting students while actually attending school or during vacation,
who are working their way through school or college either in whole
or in part.
Administrative bodies:
(a) Permanent: Industrial welfare commission, composed of the commis
sioner of labor, the representative of the employers o f labor on the
industrial accident board, and the State superintendent of public in
struction. H as power to employ a secretary and two investigators, to
ascertain wages, hours, and conditions of labor, to enter places of
employment, require information from employers, hold public hear
ings, subpoena witnesses, administer oaths, secure punishment by the
courts for contempt, make and enforce rules of procedure and prac
tice, and fix wages and standard conditions of labor.
(b ) A dvisory: None provided for.
Method of fixing wages.— WTage is fixed by the commission after public hearing,
either on its own motion or on petition.
{a) B a sis: W age shall not be less than is adequate to supply women and
minors with the necessary cost of proper living and to maintain their
health and welfare.
(5 ) Procedure: Public hearings are held before any member of the com
mission or before an investigator, testimony is taken, either voluntary
or under subpoena, after which a mandatory order fixing a minimum
wage may be issued, to be effective after 60 days.
(c) Reconsideration: Orders may be rescinded, altered, or amended, either
on the motion of the commission or on petition, in the same way
that original orders are issued.
Appeals to courts.— F in d in gs o f fa ct are, in the absence o f frau d , conclusive.
Orders may be set aside after hearing only if it appears that the com
mission acted without or in excess o f its powers or on insufficient
grounds, or that the determination was procured by fraud.
Special provisions:
(a) For learners: Special licenses fixing wages may be issued, valid for six
months.
( b ) For substandard w orkers: Same as for learners. Licenses are renew
able for like periods, but the number o f licenses in any industry may
not at any time exceed 10 per cent of the total number of employees.
Provisions in case of violations:
( a ) C ivil: Unpaid balances may be recovered in a civil suit, together with
costs and attorneys’ fees. On complaint to the commission, it shall
take all steps necessary to enforce the payment of the established
rate.
( b ) P en al: Failure to pay the established wage is a misdemeanor, punish
able by fine of not less than $10 nor more than $100, or imprisonment
for not more than 30 days, or both. The same punishment is pro
vided for discrimination against employees for testifying in investiga
tions or in proceedings for the enforcement of the act.
UTAH.
Date of enactment.— March 18, 1913. Chapter 63, Acts of 1913.
Scope of law:
(a) Industries: “ Any regular employer o f female workers.”
(b) Classes of w orkers: Females.
A dministrative bodies:
(a) Permanent: No specific provision made. Industrial commission has
general charge of enforcement, and all city, State, and county officers
are to prosecute violations o f *he act.
(6 ) Advisory: No provision.
CO M P AR A TIV E A N A L Y S IS QE P R IN C IP A L F E A T U R E S .
31
Method of fixing wages.— Fixed oy legislative action, minors under 18 years of
age to receive 75 cents per d a y ; learners and apprentices 90 cents,
limited to one y e a r ; and experienced workers $1.25.
(a) B asis: Unlawful to pay less than rate fixed by the act.
(b) Procedure: Legislative.
(c) Reconsideration: No provision.
Appeal to courts.— No provision.
Special provisions:
(a) For learners: Ninety cents per d a y ; employer must give certificate of
service after one year.
(b ) For substandard w orkers: No provision.
Provisions m ease of violations:
(a) C iv il: None.
(b) Penal: Violation is a misdemeanor, punishable by a fine of not more
than $300 or imprisonment for not over 6 months, or both.
WASHINGTON.
Date of enactment.— March 24, 1913. Chapter 174, Acts o f 1913; supplemental
act, chapter 68, Acts of 1915; amended, chapter 29, 1917.
Scope o f law:
(a) Industries: “ Any industry or occupation within the State.”
(b) Classes of workers: Women, and minors under 18 years of age.
Administrative bodies:
(a) Permanent: Industrial welfare commission, composed of five members,
the commissioner of labor ex officio and four others appointed by the
governor from persons who have not within five years preceding
appointment been members of any manufacturers’ or employers’ as
sociation or of any labor union. No compensation' provided for, but
expenses are allowed. H as power to make investigations; to hold
public hearings; to subpoena witnesses; to administer oaths; to
compel the production ot evidence; to examine books, etc.; to call
conferences; to make rules and regulations; to approve, or to dis
approve and recommit, reports of conferences; to fix wages and condi
tions with advice of conferences; to issue special licenses; to recon
sider orders; and to enforce the act.
(&) A dvisory: Conferences, composed of a member of the commission, and
an equal number of employers’ and employees’ representatives, and
one or more for the public. No provision for compensation or ex
penses. Have power to consider cases submitted by the commission;
and to render reports as to wages and conditions of labor.
Method of fixing wages.— Fixed by industrial welfare commission, with the
advice of a conference, except for minors, where no conference is
required.
(a) B a s is : W ages of female employees must be adequate to supply the
necessary cost of living and to maintain them in h ealth ; for minors,
as determined to be reasonable.
(&) Procedure: Commission investigates and holds public hearings, calls
a conference which considers the case and reports its recommenda
tions, which the commission may reject and resubmit, or it may
accept. I f it approves, it issues an order fixing wages or conditions,
effective after 60 days.
(c) Reconsideration: Reconsideration may be had at the discretion of the
commission or on petition of employers or employees, with the same
or a new conference.
Appeal to courts.— Allowed on questions of law only.
Special provisions:
(a) For learners: Special licenses may be issued by the commission for
a fixed wage with a time limit.
( b ) For substandard w orkers: Special licenses may be issued by the com
mission for a fixed wage.
Provisions in case of violations:
(a ) C iv il: Employee may recover wage balance, costs, and attorneys’ fees,
the commission to act in behalf of the worker.
(&) Penal: Fine of $25 to $100 for violation or discrimination against an
employee testifying. Any* worker, or the parent or guardian of a
minor, may complain o f violation.
32
PR O V ISIO N S OP T H E LAW S.
WISCONSIN.
D ate of enactment.— July 31, 1913. Chapter 712, Acts of 1913.
Scope of law:
{a) In d u s trie s : L aw covers “ every person, firm or corporation, agent,
m anager, representative, contractor, subcontractor or principal or
other person ,” d irectly or indirectly responsible fo r the w ages o f an
other.
(&) C lasses o f*w o rk e rs: W o m e n and m inors.
Administrative bodies:
(а ) Permanent: Industrial commission, composed of three persons, ap
pointed by the governor w ith the consent o f the senate fo r a period
o f six y e a rs at a sala ry o f $5,000 ann ually and expenses. H a s pow er
to m ake investigation s on its ow n in itiative or on the filing o f a
verified co m p la in t; to subpoena w itn e sse s; to adm inister o a th s ; to
compel the production o f evid en ce; to secure punishm ent fo r con
tem pt ; to exam ine books, e t c .; to classify o c cu p a tio n s; to convene
advisory w age b o a r d s ; to fix an d determ ine w a g e s ; to issue special
lic e n s e s ; to reconsider o r d e r s ; and to enforce the act.
(б ) Advisory: Advisory wage boards, composed of such members as will
fa ir ly represent em ployers, em ployees, and the public. N o provisions
as to com pensation or expenses.
H a v e pow er to assist the com
m ission in ascertain ing and determ ining a “ livin g w age.”
Method of fixing wages.— F ix e d by the ind ustrial com m ission, w ith the aid o f
an ad visory board.
(a) B a sis: Women and minors must be paid a living wage, “ sufficient to
enable the employee receiving it to maintain himself or herself under
conditions consistent with his or her welfare.”
(ft) Procedure: Commission makes an investigation and calls an advisory
board; together they determine the hours, wages, and conditions of
la b or; commission issues an order which becomes effective after 30
days.
(c* Reconsideration: Reconsideration is to be allowed by commission on
petition of employers or employees as to the reasonableness of an
order.
Appeal to courts.— Allowed on the ground that the order is unlawful or unrea
sonable.
Special provisions:
(a) For learners: Special licenses may be issued by the commission fixing
wages.
( b ) For substandard w orkers: Special licenses may be issued by the com
mission fixing wages.
Provisions in case of violations:
( a ) C ivil: None.
(&> Penal: Fine of $10 to $100, each day a separate offense. Discrimina
tion against an employee testifying is a misdemeanor— fine of $25 for
each offense.
P R IN C IP A L F E A T U R E S OF M IN IM U M -W AG E L A W S , W IT H O R D E R S A N D R A T E S .
Principal features of minimum-wage laws.
Orders and rates.1
Special provisions for—
Scope.
Administrative bodies.
Rates for—
State.
Basis lor determin
ing wage rate.
Industries.
Arizona............
Ch. 38,1917.
Arkansas................
No. 191, 1915.
Am . No. 275,
1919.
California...............
Ch. 324, 1913.
Am. ch. 571,
1915.
Colorado.................
Ch. 98, 1917 (ear
lier law, 1913).
Stores, offices,
shops, restau
ran ts, dining
rooms, notels,
rooming houses,
laundries, and
manufacturing
establishments.
Any industry em
ploying females.
Cotton factories
and gathering
fruits and farm
p ro d u c ts e x
cepted.
Any in w h i c h
women and
minors are em
ployed.
Any occupation.
Any industry or
occupation.
Massachusetts....... . Any occupation.,
Ch. 706, 1912.
Am. ch. 368,
1914; 65, 1915;
303, 1916.
None..
____do....................
Adequate to main
tain health and
welfare;
Lower rate for in- ........do..
e x p e r ie n c ed
workers.
Minimum wage and
maximum hour
com m ission, 3
members, uncom
pensated.
Adequate to sup
ply necessary cost
of proper living
and
maintain
health and wel
fare.
Lower rates for
fixed periods.
Number regu
lated by com
mission.
Industrial welfare
c o mmi s s i o n , 5
m e m b e r s , per
die m and e x
penses.
Adequate to supply
women necessary
costs of living and
maintain health;
for minors, not
unreasonably low.
Adequate to supply
women with nec
essary cost of liv
ing to maintain
health and pro
tect morals; for
minors,not unrea
sonably low.
Adequate for sup
port and main
tenance.
Rates to be graded
on rising scale.
Special licenses to
not more than
o n e - t e n t h of
workers in any
establishment.
Industrial commis
sion (administers
labor laws gener
ally); salaried.
Lower rates for
fixed periods.
Special licenses___
M i n i m u m wage
board of 3 mem
bers, uncompen
sated.
Adequate to supply
necessary cost of
living and main
tain health of fe
males; “ suitable”
for minors.
B o a r d recom
mends suitable
wages.
W o m e n and
minors
under
18 years of age.
.do..
.do..
.do..
Any business, or
industry
o r
b r a n c h of a
trade.
Women and mi
nors (males un
der 21, females
under 18).
North Dakota..,
Ch. 174, 1919.
Any occupation,
except agricul
ture and domes
tic service.
Women and mi
nors under 18
years of age.
Sufficient to main
tain health and
supply necessary
comforts of rea
sonable life.
Adequate to supply
necessary cost of
living and main
tain health of wo
men; not unrea
sonably low for
minors.
Oregon....................
Ch.62,1913. Am.
ch. 25,1915.
Any occupation.
Porto Rico.............
No. 45,1919.
Industrial, com Women and girls.. Fixed by law.
mercial and pub
lic service.
All except agri Women and mi Adequate to supply
culture, domes
nors under 15
necessary cost of
tic service, and
years of age.
proper living and
nursing.
maintain health.
All employments.. Females.
Fixed by law............
Utah.........................
Ch. 63,1913.
Permanent.
Fixed by law.
Minnesota........
Ch. 547, 1913.
Texas......................
Ch. 160,1919.
Substandard
workers.
Females..
Dist. of Columbia.. Any occupation ........do..
Ch. 174, 1918 (40
except domestic
Stat. 960).
service.
Kansas.............. .
Ch. 275, 1915.
Industry.
Learners.
Persons.
.do.
Washington............
Ch. 174, 1913.
Am . ch. 29,1917.
Any within State. Women and mi
nors under 18
years of age.
Wisconsin..........
Ch. 712,1913.
Any occupation..,
Women and mi
nors.
.do..
Commission may
fix living wages.
Bureau may fix
lower rates for
fixed periods.
Special licenses,
number regu
lated by com
mission.
None.
force.
Courts en
None..
.do..
Wage boards, employ
ers and employees;
optional; per diem
and expenses.
Wage boards, employ
ers, employees, and
public, with mem
ber of commission;
optional; per diem
and expenses.
Conferences, employ
ers, employees, and
public; optional; un
compensated.
(To face page 32.)
General..............................................
(2) Mercantile establishments in
Fort Smith.
(3) Fruit and vegetable canning;
(8) fruit and vegetable packing;
(10) unclassified.
(5) Mercantile; (9) office workers;
(11) manufacturing.
(6) Fish canning; (7) laundries—
(12) Hotels and restaurants...........
(14) Agricultural...............................
No orders ever issued.......................
(2) Printing, publishing, and al
lied industries.
(3) Mercantile.................................. .
(4) Hotels, restaurants, and allied
industries.
(5) Laundries....................................
Industrial welfare Wage boards,employ (6) Mercantile.................................. .
commission,
ers, employees, and (7) Laundries....................................
3 members, ex
puDlic; per diem (9) Telephone.................................. .
penses only.
(10) Manufacturing........................ .
and expenses.
Division of mini ____do............................. Brush m ak in g.................................
....d o ..
mum wage in de
Laundries......................................... .
partment of labor
Retail stores......................................
a n d industries,
Women’s clothing........................... .
Men’s clothing and raincoats.........
salaried.
Men’s and boys’ clothing, furnish
ings, etc.
Muslin underwear...........................
Retail millinery...............................
Wholesale millinery........................
Office cleaners..................................
Candy making.................................
Canning and preserving.................
Corsets...............................................
Knit goods........................................
Paper boxes......................................
Special licenses to Minimum wage com Advisory boards, em (12) General:
not over onemission, 3 mem
ployers, employees,
In cities...................................... .
tenth of workers.
b e r s , expenses
and public; option
In places of less than 5,000.
only.
al; uncompensated.
Special licenses.. . .
First 3 weeks ex
empt.
None.
Special licenses for
six months.
Special licenses to
not over 10 per
cent of total em
ployees.
None......................
Workmen’s compen Conferences, employ
sation bureau,
ers, employees, and
commissioner of
public; optional; un
agriculture and 3
compensated.
others, salaried.
Industrial welfare
commission, 3
members, expens
es only.
Bureau of labor........
,.do.
None.
(5) Public housekeeping:
(a) Waitresses....................... .
(b) Chambermaids and kitch
en help...............................
(6) Public service........................... .
(7) Office occupation.....................
(8) Manufacturing; (9) laundries;
(12) telephone.
(10) Student nurses— . ..............
(11) Mercantile occupations...........
(37) Mercantile; (39) manufacturing;
(40) personal service; (41) laun
dries; (42) telephone; (45) public
housekeeping.
(44) Office occupation...................
A ll under law....................................
Industrial welfare
c o mmi s s i o n, 3
S t a t e officials,
salaried.
Lower rate fixed..
Industrial commis
sion has charge of
enforcement.
Commission may Special licenses___ Industrial welfare
fix lower rates.
commi ssion, 5
members, expens
es only.
Conferences, employ
ers. employees, and
public; expenses are
paid.
(14) Telephone..................................
(18) General (war emergency).......
(21) Public housekeeping...............
Commission may
fix lower rate
and limit num
bers.
Advisory wage boards,
employers, employ
ees and public; un
compensated.
(1) General.
.do___
Industrial commis
sion (administers
labor laws general
ly), salaried.
.do.
(1) Telephone, telegraph, mercan
tile, laundries, factories.
.do.
General.
1 The figures within parentheses are the numbers of orders as fixed by the commissions; those of Massachusetts are not numbered.
* Third year. Rates include full maintenance and uniforms.
4 For minors 14 years of age; if 15, $7.20; if 16, $8.50.
37559°— 21.
All under law.
.do..
..do.
.do.
Adequate to supply
women with nec
essary cost of liv
ing and maintain
health; “ reason
able” for minors.
Living wage, con
sistent with wel
fare.
None..
Advisory.
Experi
enced
workers.
Inexperi
enced
workers.
Young
learners.
$10.00 w.
1.25d.
Year
is
sued.
1917
13.25 w.
$1.00 d.
11.00 w.
$1.00 d.
11.00 w.
1915
1920
16.00 w.
12.00 w.
10.56 w.
1920
16.00 w.
12.00 w.
10.00 w.
16.00 w.
16.00 w.
16.00 w.
12.00 w.
16.00 w.
12.00 w.
16.00 w.
1920
1920
1920
15.00 w.
8.00 w.
8.00 w.
1920
16.50 w.
16.50 w.
12.50 w.
16.50 w.
10.00 w.
16.50 w.
1920
1920
15.00 w.
9.00 w.
9.00 w.
1921
8.50 w.
8.50 w.
9.00 w.
11.00 w.
. 15£ h.
8.00 w.
8.50 w.
15.25 w.
15.00 w.
9.00 w.
6.00w.
6.50 w.
6.50 w.
7.00 w.
. 101 h.
6.00w.
7.00 w.
12.00 w.
10.00w.
7.00 w.
5.00 w.
6.50 w.
6.50 w.
7.00 w.
. 101 h.
6.00 w.
5.00 w.
10.00 w .
7.00 w.
7.00 w.
1918
1918
1918
1919
1914
1915
1915
1920
1919
1917
9.00 w.
10.00 w.
11.00W.
15.40 w.
12.50 w.
11.00 w.
13.00 w.
13.75 w.
15.50 w.
6.00w.
3.00 w.
6.00w.
15.40 w.
8.00 w.
8.50 w.
10.00w.
8.50 w.
11.00 w.
6.00 w.
3.00 w.
6.00 w.
15.40 w.
8.00 w.
8.50 w.
8.00 w.
8.50 w.
9.00 w.
1918
1918
1918
1920
1919
1919
1919
1920
1920
12.00 w.
10.25 w.
9.12 w.
7.68 w.
7.68 w.
6.48 w.
1920
17.50 w.
14.00 w.
14.00 w.
1920
16.70 w.
17.50 w.
20.00 w.
16.50 w.
13.20 w.
13.00 w.
14.00 w.
12.00 w.
13.20 w.
13.00 w.
14.00 w.
12.00 w.
1920
1920
1920
1920
s 8.00 w.
17.50 w.
13.20 w.
4.00 w.
12.00 w.
9.00 w.
4.00 w.
12.00 w.
<6.00 w.
1920
1920
1919
60.00 mo.
6.00 w.
9.00 w.
6.00 w.
<6.00 w.
4.00 w.
1919
1919
12.O0W.
.15 h.
.15 h.
1920
1.25 d.
.90 d.
.75 d.
1913
13.20 w.
18.00 w.
9.00 w.
12.00 w.
1918
1920
.20 h.
.18 h.
1919
2
35.00 mo.
13.20 w.
18.00 w.
.22 h.
* $7, $7.50, and $8 in smaller localities; learners begin at $6.
6 Special rates fixed by the commission.
OREGON LA W .
33
CONSTITUTIONALITY.
As already stated, the constitutionality of the minimum-wage laws
o f five States has been upheld by their courts of last resort,35 while
the decision on the Oregon law was affirmed by an equally divided
court in the Supreme Court o f the United States. Besides these,
the law o f Utah was held valid in the trial of an employer prosecuted
for its violation. An appeal to the supreme court o f the State was
thereupon taken, other employers joining in the expense, in order
to secure a ruling. The case was held under advisement, however,
awaiting the action o f the United States Supreme Court in the
Oregon cases, and in the meantime the appellant died, and no further
action will be taken in the case, thus leaving the law in force and un
questioned, unless a future litigant wishes to renew the attack on its
constitutionality.
OREGON LA W .
Those interested in the discussion o f the legal principles involved
in minimum-wage legislation necessarily regret the fact that the
Supreme Court was equally divided, thus precluding the rendering
o f an opinion and the analysis of the arguments for and against such
enactments. On the other hand, it is clearly understood that the
abstention o f Mr. Justice Brandeis from any participation in the
proceedings in 1917 was due to the fact that he had appeared as
attorney in support o f the law in the first hearing in December, 1914;
so that for practical purposes the court may be said to have stood
five to four in favor o f the law.
In default o f any discussion o f principles by the Supreme Court
it will be of interest to take up the various opinions that have been
rendered on the subject o f minimum wage, beginning with the earli
est—that o f the circuit court o f Multnomah County, Oreg., in which
Frank C. Stettler sought to procure an injunction against the en
forcement o f the State law. The law itself was filed in the office of
the secretary o f state on February 17, 1913, and in November o f the
same year the first stage in judicial proceedings on the subject was
completed in the circuit court by a judgment o f dismissal o f the com
plaint, the law being sustained as constitutional.
The objections made to the law, as summarized by Judge Cleeton,
of the circuit court, were three in number: ( 1 ) That the law attempts
to delegate legislative power to the commission and conference cre
ated by the act; ( 2 ) that it violates section 20 o f Article I of the
State constitution, which forbids the passing o f any law granting
to any citizen or class o f citizens privileges or immunities which,
upon the same terms, shall not equally belong to all citizens; and
(3) that it violates the fourteenth amendment o f the Federal Consti
tution in that it deprives the employer o f his property and his liberty
to contract without due process o f law, and also denies him the equal
protection o f the law.
85 A rk a n sa s: State v. Crowe (June 4, 1 9 1 7 ), 197 S. W . 4 ; M assachusetts: Holcomb v.
Creamer (Sept. 23, 1 9 1 8 ), 12 0 N. E. 3 5 4 ; M innesota: W illiam s v. Evans (Dec. 21,
1 9 1 7 ), 139 Minn. 32, 165 N. W . 4 9 5 ; O regon: Stettler v. O’ Hara (M ar. 17,, 1 9 1 4 ), 69
Oreg. 519, 139 Pac. 7 4 3 ; Simpson v.. O’Hara (Apr. 28, 1 9 1 4 ), 141 Pac. 1 5 8 ; these two
cases affirmed Apr. 9, 1917, 243 U. S. 629, 37 Sup. Ct. 475 ; W a sh in g to n : Larsen v . Rice
(Apr. 3, 1 9 1 8 ), 100 W ash. 642, 171 Pac. 1037.
37559°— 21------- 3
34
CONSTITUTIONALITY.
In passing upon these objections the preamble o f the law was
quoted as showing its purpose and intent, i. e., to protect women and
minors from conditions of labor which have a pernicious effect on
their health and morals, declaring that inadequate wages and unduly
long hours and insanitary conditions o f labor have such a pernicious
effect. Section 1 of the statute was also quoted. This section makes it
unlawful to employ women in any occupation within the State for
wages which are inadequate to supply the necessary cost o f living and
to maintain them in health; also to employ minors at unreasonably
low wages. The court found that the objects o f this law were iden
tical with those intended to be accomplished by laws fixing maximum
hours o f employment o f women and children, and since laws of this
nature have been sustained by the courts o f last resort o f the States,
and also by the Supreme Court of the United States, a basis was
laid for the upholding o f the present statute. It was suggested that
a to make effective a law fixing maximum hours of labor it may be
come necessary to have a law fixing a minimum wage,” holding that
the two laws are necessary complements, going to the same effect and
securing the same end. The importance o f maintaining health and
morals for women and for children was regarded as warranting spe
cial legislation for the purpose, and while the police power o f a State
must be recognized as having limitations, the boundary must be a
flexible one, 64determined not so much by precedent as by reason and
justice and the preservation o f public peace, health, morality, and the
general welfare,5’ For these reasons it was concluded that neither
the provision o f the State constitution quoted nor that o f the four
teenth amendment to the Federal Constitution could be regarded as
invalidating such legislation.
Taking up next the question o f the delegation o f legislative author
ity to the commission created to administer the act, Judge Cleeton
took the position that the law itself definitely fixed the standard and
left to the commission only the ascertainment o f the facts which make
the law applicable to any particular district or industry. The im
possibility o f the legislature determining such details at first hand
o f itself was referred to, together with the propriety o f putting such
duties in the hands o f the commission to perform “ merely a ministerial
or administrative function .55 The conference which the commission
might provide for was simply a method o f accomplishing the ends in
view, and even though the conference might fix wages which the
commission could not itself change, the commission was able to refuse
to adopt the findings o f the conference, which would then be inoper
ative ; while if the commission accepted the findings they would then
become the act o f the commission within its powers under the law.
The third question afforded greater difficulty, and that was the
right to a judicial review o f the acts o f the commission. Section 16
of the act prohibits appeals from the decisions o f the commission on
questions o f fact, and it was contended that this denial rendered the
entire statute void and of no effect. The court held that the act was
complete without this section, so that it was not necessary to decide
whether it does in fact prohibit a review by the courts o f the pro
ceedings o f the commission; while if such review was in fact forbid
den the courts could disregard it as surplusage and render such relief
on complaints brought as the circumstances in any case might war
OREGON LAW .
35
rant. Giving, therefore, a liberal construction to the act as intended
to be o f great public benefit, it was upheld as constitutional, and the
writ o f injunction to prevent its enforcement was denied.
Following this decision one of Stettler’s employees, Elmira Simp
son, brought a similar action to the same court to prevent the enforce
ment o f the law. Stettler was a paper-box manufacturer, and the
plaintiff Simpson was employed by him at a weekly wage of $8 .
She was 22 years of age, experienced in the work in which she was
employed, and had been in the factory for over 3| years at wages
agreed upon from time to time by her employer and herself. She
alleged that the wages that she was receiving at the time were the
best wages and compensation for her labor that she was able to
obtain for any labor that she was capable o f performing, and if the
order requiring the payment of $8.64 per week should be enforced
she would be deprived of her present employment and wages. She
affirmed further that by the said employment she lived and main
tained herself in health and comfort, that the employment was clean
and healthful, and the surroundings good. The findings of the court
in this case as to the validity o f the law and the consequent denial
o f the injunctive writ were in harmony with those in the previous
case, whereupon appeals were taken by both plaintiffs to the Supreme
Court o f the State of Oregon.
The decision in the Stettler case antedated somewnat that m the
Simpson case, and the opinion o f the court was much more elaborate
in the earlier proceeding, the opinion in the Simpson case being
little more than an announcement that the matter had been passed
upon, and decided in the earlier case. The principal points involved
on the appeal to the supreme court o f the State were the conflict o f
the statute with the State and Federal constitutions, and the lack
of a provision for a judicial review of the findings o f the commis
sion, or, to state the matter in other words, whether the act was
within the police power of the State, and whether it observed the
essentials o f due process of law.
The law was unanimously upheld by the supreme court, though
it was conceded that the fourteenth amendment to the Federal Con
stitution would be a bar to such legislation unless it could be justi
fied as an exercise of the police power of the State for the protection
and betterment o f the public health and welfare and reasonably tend
ing to that end. As in the circuit court stress was laid upon the
decisions upholding laws fixing maximum hours of labor for women,
quoting at some length from the opinion of the Supreme Court in the
case o f Muller v. Oregon (208 U. S. 412, 28 Sup. Ct. 324), in which
the peculiar necessity of safeguarding the health o f female employees
by reason o f the physical structure of woman, and the need of con
serving her well-being for the welfare of posterity were emphasized.
These conditions were held to warrant legislation that would not
be justified if applied to adult males, but for the reasons indicated
laws applicable to women and minors are not forbidden by the four
teenth amendment where the legislature grounds its action on the
sound basis o f the public welfare. A number of eases were cited
in confirmation of this position, as well as to sustain the view that
where the legislative authority has reached the conclusion that an
exercise o f its power is called tor to meet a public exigency, and has
36
CONSTITUTIONALITY.
taken action in accordance therewith, the presumption is that the
action is valid unless it appears beyond a reasonable doubt that some
constitutional limitation has been violated. The taking o f such
action is not to be regarded as an expansion of the police power,
but the application of “ an old principle of government—the police
power,” to meet a new evil or an evil newly recognized. And “ if
the statute tends reasonably to accomplish the purposes intended by
the legislature it should be upheld by the court.*’
Citations were made from reports o f investigators showing the
effect on both health and morals of an inadequate wage for women,
and the conclusion was reached that “ common belief ” and u common
knowledge ” are sufficient to make it palpable and beyond doubt that
the employment of female labor as it has been conducted is highly
detrimental to public morals and has a strong tendency to corrupt
them. The court then says: “ W ith this common belief, of which
Justice Harlan says 4we take judicial notice,’ the court can not say
beyond all question that the act is a plain, palpable invasion of rights
secured by the fundamental law, and has no real or substantial rela
tion to the protection of the public health, the public morals, or
public welfare. Every argument put forward to sustain the maximum-hours law or upon which it was established applies equally in
favor o f the constitutionality o f the minimum-wage law as also
within the police power of the State, and, as a regulation tending to
guard public morals and the public health.”
One o f the objections raised was based on the alleged discrimination
against manufacturing establishments in Portland, as compared with
those engaged in the same business in other localities. The court
stated that the law is of general application throughout the State,
and in its essence merely forbids the employment o f women and
minors at inadequate rates of wages, and in this sense is of general
force and effect, and can be complied with without any action by the
commission. Where, however, the commission is of the opinion
that a promulgation o f standards is desirable it is authorized to
make an investigation, and if it finds a necessity therefor it may
establish rates and hours to meet the requirements o f the law. No
discrimination appears or is suggested in the records, nor is it shown
that action is necessary elsewhere than, in the city o f Portland.
“ Other cases as they are discovered are to be remedied as provided
therefor, but the law is State-wide, and it does not give to the plain
tiff unequal protection of the law nor grant to others privileges
denied to him ; neither does it delegate legislative power to the com
mission. It is authorized only to ascertain facts that will determine
the localities, businesses, hours, and wages to which the law shall
apply.”
The matter of interference with the freedom of contract was then
taken up, and it was pointed out that it had been found necessary,
even in earlier days, to protect some classes o f employment from
conditions o f oppression and extortion where the powers of employers
and employees were so unequal as to offer opportunity for abuse.
“ The legislature has evidently concluded that in certain localities
these conditions prevail, even in Oregon; that there are many women
employed at inadequate wages— employment not secured by the
agreement o f the worker at satisfactory compensation, but at a wage
OREGON L A W .
37
dictated by the employer. The worker in such a case has no voice
in fixing the hours or wages, or choice to refuse it, but must accept
it or fare worse.”
Another objection raised was that until recently there has been no
serious contention that States may lawfully establish a minimum
wage in private employment. This the court conceded, saying that
“ the legislature seems to have acted on the idea that conditions have
changed or that private enterprises have become so crowded that their
demands amount to unreasonable exactions from women and chil
dren ; that occasion has arisen for relief through its police pow er; and
that it has determined the public welfare demands the enactment
of this statute.”
As to the lack o f a provision for judicial review, therefore taking
property without due process of law, it was pointed out that before
any rate is established the plaintiff has the right and opportunity to
be heard before the commission, as provided for by section 9 of the
act. 66 Due process o f law merely requires such tribunals as are
proper to deal with the subject in hand. Reasonable notice and a
fair opportunity to be heard before some tribunal before it decides
the issues are the essentials of due process o f law. It is sufficient
for the protection of his constitutional rights if he has notice and
is given an opportunity at some stage of the proceedings to be
heard.”
The opinion concludes: “ We think we should be bound by the
judgment o f the legislature that there is a necessity for this act, that
it is within the police power of the State to provide for the protec
tion o f the health, morals, and welfare o f women and children, and
that the law should be upheld as constitutional.”
In the consideration of the case o f the employee, Simpson, emphasis
was laid by the plaintiff upon that portion of the fourteenth amend
ment which provides that “ no State shall make or enact any law
which shall abridge the privileges and immunities o f citizens of the
United States.” The court stated that while this particular clause
was not specially discussed in the Stettler decision, it was the in
tention o f the court to express its conviction that the act in question
violates no part o f the fourteenth amendment. Having determined
that the State might prevent the employment o f women and children
for unreasonably long hours or at unreasonably small wages, it was
said that it would seem to “ follow as a natural corollary that the
right to labor for such hours and at such wages as would reasonably
seem to be detrimental to the health or welfare o f the community is
not a privilege or immunity o f any citizen.” The fourteenth amend
ment was originally passed to guarantee the rights o f the recently
emancipated negro; “ but that the effect of this would be to limit
the power o f the States to enact reasonable laws for the protection
o f their women and children against the consequences o f labor for
a length o f time tending to impair health or at a wage barely sufficient
to sustain life never entered the imagination of the statesmen who
framed it.” In the absence, therefore, o f an oppressive and unreason
able encroachment by local authorities, the central power will not
interfere in behalf o f its citizens, and such not being the case here
the decree o f the court below was affirmed.
38
CONSTITUTIONALITY.
As noted in the introduction, these cases were immediately car
ried to the Supreme Court of the United States on a writ of error,
being first argued before this court in December, 1914. No decision
was rendered on this hearing, the case being restored to the docket
for reargument in June, 1916. The second hearing took place in
January, 1917, but, as previously stated, owing to the fact that the
eight justices who voted were equally divided, no opinion was
rendered. A summary o f the principal features o f the briefs sub
mitted for and against the law may, however, be of interest as show
ing on what the opposing parties relied in their respective under
takings.
On the trials in courts o f the State of Oregon, it was appropriate
to urge matters based on the provisions o f the State constitution,
but the decision o f the supreme court o f the State set these points
at rest, leaving only the objections based upon the fourteenth amend
ment o f the Federal Constitution to be considered. Counsel for the
appellants Stettler and Simpson, the cases being combined for the
purposes o f this hearing, stated that the crucial point in these cases,
and the point t,o which the complaints were directed, is that the
establishment o f a general compulsory minimum wage in private em
ployment, “ based and computed solely upon the individual needs
of the employee, the basis and computation o f which do not depend
upon anything connected with or arising from the particular oc
cupation in question,” is unwarranted and beyond the police power
o f the State. It was said further that the question o f the reason
ableness or adequacy o f the particular minimum wage involved in
the case, namely, $8.64 per week, was neither directly nor indirectly
before the court, the only question being the right o f the State to
enact a law o f this type. The assignments o f error were three in
number, based entirely on alleged conflicts with the fourteenth
amendment. The first was to the effect that the establishment of
any minimum wage abridges the privileges and immunities o f these
plaintiffs as guaranteed by said amendment; the second, that by
such action the plaintiffs are deprived o f property and liberty with
out due process o f law ; and the third, that such statute denies to them
the equal protection of the laws.
In enlarging on this summary, counsel reiterated the statement that
the attempt was to enforce a wage based on the needs o f the person,
not as an employee but as an individual, needs that were independent
o f the employment in question or o f any employment, so that
whether or not the measure is intended to be or is in fact a measure
protective of public welfare or o f the lives, health, or morals o f
women in general, or of the women specifically affected, it is never
theless not an act within the police power of the State. Then
follows the statement o f alleged fact that the business o f the em
ployer, Stettler, had been built up at great expense, employment
being given to women at various wages, in accordance with the
quality and quantity of the work done, and to interfere by enforc
ing a minimum wage would require excess payments above the value
of the services rendered, thus destroying his profits and compelling
him to go out o f business. The result would be confiscation and the
deprivation o f property without due process o f law. This situa
tion would also result in depriving the plaintiff employee o f her
OREGON -LAW.
89
opportunities for employment, thus depriving her o f property with
out due process o f law,, all in violation o f the provisions o f the
fourteenth amendment. This employee averred that her earnings
were in accordance with her ability, though less than the fixed mini'
mum wage, and were reasonable and adequate for the quality and
quantity o f the work done, and that there was nothing connected
With or arising out of her employment that either directly or indi
rectly increased the individual need which the minimum wage fixed
is intended to supply. Therefore, to enforce this wage, supplanting
the contract immediately agreed upon by her and her employer,
would unlawfully deprive them both o f their liberty of contract.
Again, the employer, as a manufacturer o f the city of Portland,
complained o f discrimination against him inasmuch as the law does
not apply to other occupations, either in the city o f Portland or
elsewhere, nor does it apply to manufacturers outside o f the city
o f Portland, so that he was brought into an unequal competition
artificially forced upon him by the act, thus depriving him o f the
equal protection o f the law. For the plaintiff employee the result
was that she was discriminated against as one o f the arbitrary class
and her privileges and immunities were unlawfully abridged.
The secondary effect to be anticipated, if the law should be en
forced, was that the employer would be compelled to contribute to
the private and individual needs o f other persons, thus taking his
private property for public use and without compensation. The
fifth and last specification was based on the provision o f the law
making it applicable to adult women and to minors without regard
to sex. The wage basis adopted by the commission u is in all cases
the living necessities o f the individual, existing independently o f the
fact whether such individual be a man or a woman, and independ
ently o f the fact whether such individual be a minor or an adult
woman, also independently of the fact o f employment. The basis o f
computation, therefore, is independent o f the classification o f persons
to whom the statute applies and is not based even upon the distinc
tion between men and women.59 This again compels a contribution
to meet the personal needs o f individuals, and creates an arbitrary
classification o f persons entitled to the minimum wage, discriminat
ing both against the employer affected and the employees whose serv
ice is to be controlled by the act in question.
Arguing the Federal question, it was affirmed that “ this new
species o f paternalistic legislation can not be sustained as applied
to women workers, unless a similar minimum wage is to be sustained
as to men workers,” the principle involved being more far-reaching
than any distinction between women and men. I f an act o f this type
can be sustained, the arm o f the State may reach out to every private
business and control prices, not only o f labor, but o f the products o f
labor as well, thus hampering and controlling also competition in
business in the commercial world.
The extent to which the courts have previously gone in upholding
laws regulating the employment contract was then discussed, refer
ence being made to regulation o f hours and wages in public works,
hours o f labor in hazardous or unhealthful occupations, and hours o f
labor o f women. It was contended, however, that in supporting
each o f these classes of laws, the courts indicated the statutory lim
its o f regulation so as “ to prohibit ” the statutory minimum wage
40
CONSTITUTIONALITY.
for women and minors. These conclusions were drawn from the
distinctions made by the courts that the law under consideration in
each case was specifically directed to the end named, whether public
employment or hazardous work, and therefore was not o f general
application, and in particular the influential case of Muller v.
Oregon, in which the Supreme Court upheld the constitutionality
o f the Oregon statute fixing the hours o f labor o f women, was said to
relate only to the employment o f women in laundries, so that there
could be no general deductions drawn from it.
The economic objections were those forecast in the preliminary
statement, i. e., an artificial interference with the economic law o f
supply and demand, resulting in unfair competition and the dis
rupting of business, the loss o f employment, the rise in prices necessi
tating reciprocal advances in wages to meet the increased cost o f living,
the tendency to make the minimum wage the maximum, and the
debarring o f substandard laborers from all opportunity to secure em
ployment on terms compatible with their abilities. “ The inevitable
result must be such a lack o f balance and adjustment in essential
and political forces of the Nation that catastrophe will follow.”
Opposed to these arguments and conclusions, the briefs in support
o f the law asserted the power o f the State to enact such legislation
on the ground o f its effect on the public welfare, public health, and
public morals, as to which the judgment of the legislature controls
unless the constitutional limitations have been palpably and beyond
doubt overstepped by such action. Numerous decisions o f various
courts, and chiefly of the Supreme Court of the United States, were
cited as showing the construction put upon the fourteenth amend
ment as a limitation to the activities o f State legislatures; that it is
for the legislature to decide when a particular condition injuriously
affects the public welfare, such determination being binding and
conclusive, both as to the fact and the means and methods of
remedies, and that the courts may only intervene when it is clear
beyond reasonable doubt “ that conditions or means adopted to
remedy them, or both, do not tend to affect public health or morals or
welfare.” The employment o f woman labor was shown to be especially
subject to regulation; while any practice tending to delay or prevent
the payment o f wages so affects the public health as to be subject to
legislative control. Other citations were directed to the claim o f
discrimination and unequal protection of the laws, and by decisions
cited each o f the objections was held by counsel to be disposed of in
favor o f the law.
These decisions were summarized as affirming the right and duty o f
the State to preserve public health and morals, to decide what is for
the good and welfare of the commonwealth, and to insure such
economic conditions as advancing civilization requires; and it was
maintained that the police power extends in a general way to all
public needs. Taking into consideration the physical structure and
peculiar functions o f women, and recognizing the opinion of the legis
lature as expressed in its preamble that a law o f this type was neces
sary as a protection for health, morals, and the public welfare o f the
State as particularly represented in its womanhood, justification o f
the law was held to be complete.
Counsel adopted as a premise the declaration o f Justice Marshall
in the early case, McCulloch v, Maryland, 4 Wheat. 316, 421: “ Let
OREGON LA W .
41
the end be legitimate, let it be within the scope o f the Constitution,
and all means which are appropriate, which are plainly adapted to
that end, which are not prohibited, but consist with the letter and
spirit o f the Constitution, are constitutional.” It was contended that
the so-called liberties of which the plaintiffs claim to be deprived
were merely nominal and theoretical; while no deprivation of prop
erty appeared or could be substantiated by the plaintiffs. It would
therefore be improper to 44 ask this court to overturn the judgment
o f the Legislature o f Oregon on a mere guess, when in fact experi
ence may disprove the guess.” The fallacy of an argument based
on the inferior worth o f an individual employee’s services was touched
upon; while it was pointed out that the law merely prevents the get
ting o f labor at less than the true value of its product, since 64 it is
preposterous to suppose that he [Stettler] would really exercise or
value in his actual business operation the liberty which he here claims,
namely, the liberty to employ an inefficient woman in place o f an
efficient one, if he proposes to pay in either case what the output is
really worth.” Some three years having intervened since the order
became effective, it was possible for counsel to show that the dis
asters forecasted as a result o f the enforcement o f the law had not
occurred, and that the deductions to this effect were without weight.
As to the reiterated argument that the minimum wage was based on
individual needs and not upon the status of the worker as an em
ployee, counsel says 44the short answer to this central claim is that
Stettler is Simpson’s employer and no other person is, who alone
has the use of her working energy, to maintain which a cost of not
less than $8.64 per week is essential.” This relationship, personal
and exclusive, differentiates the employer from any other citizen
and justifies imposing upon him the minimum cost of his employee’s
livelihood, which is the minimum cost of her labor, given exclusively
for the benefit of her employer, so that he alone should meet the
essential cost. 44The State does not compel him to use i t ; all that
it says to him is that if he chooses to take its benefit he must pay
at least its cost.”
Assuming a theoretical situation in which employer and employee
would be isolated from all reliance upon the outside public it is clear
that no bargain could be made at less than a living wage for the
employee. It follows that any contract for labor below its cost
necessarily relies upon the subsidy from outside, either through bet
ter paid members of the family or from sources destructive of morals
and health, or ultimately by charity publicly or privately supported;
and to this extent the public is concerned and has a right to intervene
to prevent imposition upon itself by the act of the employer engaged
in a parasitic industry. On the other hand no employee has any
absolute right to give her energies in an industry which does not
offer sufficient returns to enable her to keep her side o f the bargain
without a subsidy from the public.
As to the plaintiff Simpson’s allegation that $8 was all that she
was able to receive for any employment or labor which she was
capable o f performing, it was noted that it was not alleged that the
services rendered were not worth more than $8, and the statement
was advanced that if her output really is worth the cost of her labor
then she has no claim on public assistance; while if she is not able
42
CONSTITUTIONALITY.
to earn a living wage, she should be trained so to do if possible,
and if this is not possible then it is a reasonable and proper regula
tion that Stettler should obtain a license from the commission before
employing labor of this class, as a reasonable means o f preventing
unfair competition.
Counsel for plaintiff in error had admitted the ethical and humani
tarian justification o f the pajntnent o f a living wage but denied the
legal right for compelling its payment, “ In other words, the plain
tiff, while recognizing the desirability o f making this standard uni
versal in the State of Oregon asserts that the State is debarred from
this particular means o f doing so.” Continuing, counsel declared
this to be not merely the “ individual belief in a doctrine of philo
sophic anarchy, i. e., that action can not be compelled by legislation,
but he is asking this court to say that such a doctrine of philosophic
anarchy is incorporated in the fourteenth amendment.” The regula
tion o f unfair competition by statute, both Federal and State, was
pointed out as entirely overthrowing the claims o f plaintiff’s counsel,
both as to the right o f employer to pay a substandard wage and o f
the employee to give her labor at a lower rate than would afford livelihood unless the State should grant license therefor.
Numerous cases were then cited, and economic authorities referred
to in support o f the right o f the State to intervene in the matter o f
the contract o f employment “ because o f the actual inherent inequality o f bargaining power between parties.” A wide range o f
subjects, industrial, commercial, and others, have been legislated
upon, the laws being sustained and enforced by the courts of last
resort. “ True freedom o f contract is established rather than im
paired by such restriction. Their very purpose is to assure the parties
an equal basis for bargaining, so that they may be free to bargain on
the merits and not under the compulsion o f a crippling necessity.”
What “ is called the pin-money fallacy” is discussed quite fully
in support o f the proposition that it is only a negligible proportion
o f wage-earning women whose employment is not required to support
themselves and perhaps also to render assistance to others. An ex
tended showing is also made o f data intended to support the conten
tion that the minimum wage fixed by law does not tend to become
the maximum wage paid by employers, the experience o f Australasia
and Great Britain being cited.
Summing up the whole series o f propositions, to the effect that
there are no arbitrary, wanton, or spoliaiive consequences involved in
the legislation under discussion, but that it is a reasonable exercise
o f the police power o f the State, the brief concludes: “ With its exer
cise in the past we are fam iliar; its unsettled application to the needs
o f a changing present gives an illusion of novelty to the new exerci'se
o f an old power.” To meet the new circumstances the fourteenth
amendment no more impedes than it has in the past interfered with
the solution o f the problems confronting the legislation o f an earlier
day.
M IN N E S O T A
LAW .
Next in order o f time is the decision rendered by Judge Catlin o f
the district court o f Ramsey County, Minnesota, on November 23,
1914, as to the constitutionality o f the minimum-wage law o f that
State. Although this decision was rendered some months later than
M IN N ESO TA L A W .
43
the ruling o f the Supreme Court o f Oregon, sustaining the law o f
that State as constitutional, Judge Catlin found in that ruling noth
ing to influence his opinion as to the validity of the Minnesota
statute. The action was brought by two different employers (A. M,
Earner Co. v. Evans et al., and Williams v. Evans), and was identi
cal with the original proceeding in the Oregon cases, i. e., a motion
to secure an injunction against the enforcement o f the law on the
ground o f its unconstitutionality. The hearing resulted in the grant
ing o f the injunction on the ground that the act was unconstitu
tional.
Reference was made by Judge Catlin to the fact that the Oregon
case was before the United States Supreme Court at the time, and
it was said that the decision therein would doubtless dispose of all
the main questions involved in the Minnesota statute. The plaintiff
employers’ counsel had suggested that the commission charged with
the administration o f the act should suspend its orders until the de
cision o f the Supreme Court had been announced, but this the com
mission declined to do. The discussion o f the subject was quite brief,
mention being made o f the claim that it would be a manifest necessity
to readjust business relations under the new standards and that many
women and minors incapable o f earning the minimum wage must lose
their employment. The desirability o f maintaining the status quo
until the constitutionality of the law itself had been finally deter
mined commended itself to the court, but these factors were not re
garded as sufficient in themselves to warrant the injunction, although
they must be allowed to have weight. Announcing that the present
hearing was but a step toward the determination o f the case by a
higher court, the court declined to enter into an analysis o f the
decisions cited or to set forth reasons leading to the conclusions ar
rived at. The law was therefore declared unconstitutional as dele
gating legislative power to an appointive commission and placing
in that commission a discretion as to whether or not there should
be a minimum wage, making the commission “ a sort of independent
supervisor or pater familias of the woman workers and their em
ployers, such as the State can not lawfully become until the form
o f our government has been entirely changed.” The other ground
announced was that the statute abridges the right o f individuals to
make contracts without any reasonable foundation for holding that
such restrictions are necessary or appropriate for protecting the
safety, health, or morals o f working women, or are reasonably
calculated to promote the general welfare o f the public. “ On the
contrary, it is quite as likely in actual results to increase both distress
and immorality, if morals are dependent on wages,”
As forecast by Judge Catlin, the cases decided by him were carried
immediately to the supreme court o f the State. No decision therein
was rendered until December 2 1 , 1917, a date subsequent to the action
o f the Supreme Court on the Oregon law and of the Supreme Court
o f Arkansas on the minimum-wage lav/ o f that State. The Supreme
Court o f Minnesota reversed the court below, upholding the statute
in all points involved in the presentation made by the plaintiffs
(165 N. W., 495). It was first stated that the legislature does not look
to the constitution o f the State for the sources of its power; while
there are in the constitution o f the State some limitations on legis
lative power, there are none more restrictive than those found in the
44
CONSTITUTIONALITY.
fourteenth amendment to the Federal Constitution. It was only
necessary, therefore, to examine the provisions o f this law in the
light o f the limitations thus laid down.
The supreme court considered first the subject o f the liberty o f
contract. This liberty is not absolutely guaranteed, but is subject
to the power o f the State to legislate for certain permissible purposes,
among which are regulations of the contract relation covering quite
a range o f subject matter. While a mere assertion that a law relates
to health, peace, or morals is not sufficient, if there is a reasonable
basis for the conclusion, demonstrable by facts or commonly known,
regulatory legislation o f this type may be upheld. Mention was
made o f the commonly held notion that women are underpaid, that
they do not receive equal pay with men for equal work, and that the
conditions resulting are dangerous to the morals o f the workers, and
injurious not only to their own health but also to that o f future gen
erations, as well as o f the inability of women to cope with their em
ployers in the struggle to procure a proper economic adjustment o f
the profits o f their labor. Necessarily disregarding the question o f
policy as belonging to the province of the legislature, it was held
that the question o f a reasonable basis for such legislation must be
answered in its favor in view o f conditions known to exist. The
court supported this conclusion by references to the decisions o f the
supreme courts o f Oregon and Arkansas.
The contention as to the delegation o f legislative power was dis
cussed at some length, and the fact was admitted that no power to
make laws can be delegated to a commission. The act required every
employer to pay a living wage “ as defined in this act and determined
in an order o f the commission.” The court regarded this as establish
ing a living wage in and o f itself, even though there can be no e f
fective execution or enforcement o f penalty without action o f the
commission, while investigations are also to be made in its discretion.
Cases were cited to sustain the view that although such discretion is
thus conferred, the act is not thereby prevented from being a com
plete law, or is it thus rendered invalid. Following the precedents
thus discovered and “ principles now well recognized,” the court de
cided that there was no delegation o f legislative power.
A minor objection was that no action should be taken by the com
mission unless it found one-sixth or more o f the women or minor em
ployees in any occupation to be engaged in work at less than living
wages, the contention being that this discrimination led to an un
lawful basis o f classification. The court rejected this contention,
saying that “ the act' may exclude cases of minor or negligible im
portance,” and citing decisions in support o f this view. Objections
to the section providing for an advisory board to make investigations
and report to the commission were dismissed as not being involved
in the case before the court; it was said that the matter o f their
validity or invalidity could not be said to be controlling as to the
entire act, which was therefore sustained in so far as involved in the
present case.
ARKANSAS LAW .
The third case in order of time that comes up for consideration
is one involving the constitutionality of the Arkansas statute (State
v. Crowe, 197 S'. W . 4). This act differs from those already con
ARKANSAS L A W .
45
sidered in that it dispenses with the services o f an administrative
commission, and establishes a fixed minimum rate per day for female
workers o f six months’ practical experience. A commission may be
provided for, however, for certain enumerated industries. Action
was brought by the State against one J. B. Crowe for a violation o f
the statute, and judgment was in his favor in the circuit court o f
Sebastian County. The decision turned on the unconstitutionality
of the statute as found by that court. The State appealed, and the
supreme court reversed the decision o f the court below, upholding
the statute, June 4, 1917.
A technical matter as to parliamentary procedure was first disposed
of, and it was decided that the statute had been duly enacted. When
the case reached the supreme court of the State, it was informed that
the Federal Supreme Court had the Oregon law under consideration.
A decision was therefore withheld, awaiting the announcement of the
decision in the earlier case. No opinion being announced therein,
the court proceeded to its own discussion o f the principles involved,
following largely the lines o f the Oregon and Minnesota cases already
presented. The freedom of the legislature to act for the public wel
fare was dwelt upon, and it was said to be “ a matter of common
knowledge o f which we take judicial notice that conditions have
arisen with regard to the employment o f women which have made it
necessary for many of the States to appoint commissions to make a
detailed investigation o f the subject of women’s work and their
wages.” The results of these investigations and those o f other
agencies are said to have been to establish the consensus, of opinion
as to the inadequacy of women’s wages and the injuriousness of the
results following. The judgment o f the members o f the legislature,
with their opportunity for a knowledge of the conditions prevalent
throughout the State, and the enactment o f a standard apparently
fair and reasonable, were held to warrant a finding that the law is
constitutional, and the case was remanded to the court below for
further action.
The chief justice prepared a dissenting opinion in which the cor
rectness o f the conclusion as to the relations between the wages o f
women and their health and morals was challenged. It was also
contended that women possess the same unrestricted right to sell
their daily labor on their own terms as do men. 44Nor is the health
of women, as a class, affected more by poverty, if at all, than that o f
men. * * * There are ills which will never be entirely elimi
nated, for they are among the human imperfections which will sur
vive to some extent as long as earthly time lasts.”
It was pointed out that the Stettler case was decided in the Su
preme Court by an equally divided court, and that 44under the prac
tice o f that court, as I understand it, such a decision does not become
a precedent and it is without persuasive force.”
Another justice concurred in the reasoning o f the chief justice,
believing that the statute 44clearly invades the Constitution of the
United States and of our own State.” He took the position, how
ever, that the decision of the Supreme Court was a precedent, 44con
trolling on the issue before us.”
46
CONSTITUTIONALITY.
WASHINGTON LAW.
The next decision on the subject is one rendered by the Supreme
Court o f Washington in April, 1918 (Larsen v. Rice, 171 Pac. 1037).
This was an action to recover the difference between the actual wages
paid per week and the amount established by the welfare commis
sion o f the State. The plaintiff had secured a judgment in the court
below, and her employer appealed, attacking both the constitution
ality o f the law and the construction placed upon it by the trial
court.
The matter o f constitutionality was disposed o f by the Washington
court by a reference to argument o f the Supreme Court o f Oregon on
the similar law of that State, the court saying that that reasoning
“ appeals to us as sound and conclusive, and we are content to rest
our judgment on the authority o f the cases as there determined.”
The employee in this case was a ticket seller in a moving-picture
house, and had worked for 56 weeks, working 39 hours per week at
a contract wage o f $3 weekly. As to the matter o f classification, it
was held that selling tickets was clerical work within the meaning of
the order o f the commission, and the employee was therefore entitled
to the minimum wage of $10 per week. Inasmuch, however, as the
standard week for women’s work in the State of Washington is 48
hours, and she had worked but 39 hours per week, recovery was al
lowed on the basis o f $10 per week of 48 hours.
A point o f greater interest than the foregoing was the decision
that a compromise settlement can not be entered into between parties,
even though under ordinary circumstances compromises are favored
by the law as tending to prevent strife and conduce to peace and
general welfare. However, the present case was said to be “ not
wholly o f private concern.” It was affected with a public interest.
“ The State, having declared that a minimum wage o f a certain
amount is necessary to a decent maintenance o f an employee engaged
in the employment in which the respondent was engaged, has an in
terest in seeing that the fixed compensation is actually paid.” In
this view “ the statute was not therefore intended wholly for the
benefit of the individual wage earner,” but being protective of the
public, any agreement to pay or receive a smaller sum, unless the
State had participated in the agreement, is voidable, if not void.
“ Our opinion is that it is such a contract as the courts are not re
quired to enforce, and against the policy o f the statute to do so.”
A single justice dissented from the finding as to the validity o f the
agreement, holding that the employer should have been allowed to
make proof of the compromise alleged by him to have been agreed to.
MASSACHUSETTS LAW .
The fifth decision primarily hinging on the question o f constitu
tionality is one rendered by the Supreme Court o f Massachusetts on
September 23, 1918 (Holcombe v. Creamer, 120 N. E. 354). The law
o f this State presents still another variation from those previously
discussed, the findings o f the wage boards, when approved by the
State commission, being set forth as a standard, but compulsory ob
servance is not required. However, the commission is authorized to
MASSACHUSETTS L A W .
47
investigate the extent to which ite recommendations are being ob
served, and to publish in the newspapers the names of the employers
failing to pay the approved rates of wages, This case was a petition
for a writ to compel certain employers engaged in the laundry busi
ness, for which wage rates had been established, to report as to the
wages actually paid by them. This the employers refused to do.
In considering the enforceability of the act, the court first inquired
whether or not it was unconstitutional, as interfering with the liber
ties and freedom to contract of the persons affected by it. It was
found to contain no mandatory provisions, in so far as the payment
of wages was concerned. “ Absolute freedom to make any contract
respecting wages is left untouched ” ; and if the right of privacy “ is
an element of the constitutional right to seek and obtain 4safety and
happiness,’ ” there is apparent no undue invasion of that right. No
criminal element is involved; the disclosures, therefore, are not evi
dence against oneself; neither is there any foundation for the con
tention that the employers “ are subjected to punishment without
proper notice, or complaint, or hearing, or trial by jury.”
The extent to which the courts have upheld statutes working to
ward the regulation of contracts wxas quite fully discussed, with
numerous citations. Among these are laws regulating in detail the
insurance contract; times, places, and mediums of wage payments;
hours of labor; various commercial contracts, etc. The present act is
found to fall within the bounds of these laws, and the purpose—
the welfare of women and minors— is said to be a proper basis for
legislative action. The burden of proof to the contrary rests upon
those who attack the constitutionality of the law. “ Unless it can be
said to bear no relation whatever to legitimate public interest or to be
a palpable invasion of private right, liberty, and property without
constitutional warrant, the decision of the general court as embodied
in the statute must stand.”
The guaranties of the Constitution as to liberty and freedom of con-,
tract “ do not go to the extent of protection against publicity respect
ing contracts with women and minors, which the consensus of opinion
o f the Commonwealth, as formulated in a statute requiring impartial
investigation by a public board, declares wanting in affording to them
necessary support.”
It is admitted that “ there are limits to the right of the public to
inquire into private affairs,” and that there may be an effective coer
cion even without absolute compulsion. “ In such a case its validity
would depend not upon its form but its substance ” ; and the case in
hand is declared to fall within the principles upheld in the enact
ment o f elective compensation laws, with the abrogation of the common-law defenses as a persuasive to their acceptance, such laws being
generally sustained as constitutional.
The writ directing the employers to furnish the data desired was
therefore ordered to be issued, since the act was found to be con
stitutional in all points involved in the case. The penalization of
newspapers refusing to publish the lists was not considered, nor the
constitutionality o f a compulsory law, since these questions were
not in issue in the case in hand. Reference was made, however, to
the fact that such laws had been upheld, the citations being those
of the cases noted above.
48
CONSTITUTIONALITY.
SUMMARY.
Summing up, therefore, the decisions of the supreme courts of
five States it appears that o f the total number of judges before whom
the matter of constitutionality has come only two have offered any
dissent on principle, while one of these regards the decision of the
Supreme Court of the United States as controlling, and voted to sus
tain such law until it shall render a different ruling. The arguments
are the familiar ones of the right of the State to exercise its police
power in the interest o f the public welfare, granting that the legis
lature is fairly informed as to what is involved in that phrase in
regard to the particular question at hand. The fatalism of the
Arkansas judge who felt that human imperfections must always re
flect themselves in certain hardships and inequalities is obviously
not persuasive in the minds o f those judges who regard the condi
tions reported by the various investigative commissions and agencies
as capable at least of amelioration wThich will result in public bene
fit. No more does the laissez faire attitude of the same judge as to
the right and power of employers and employees to make contracts
unfettered by legislation of this type meet the general approval;
nor the similar doctrine o f the brief in the Stettler case before the
Supreme Court as to the disturbance of competition and of the law
o f supply and demand. Indeed the tendency o f the decisions seems
to be fairly expressed in the statement by a recent economic writer
that, “ In proportion as scientific research progresses, minimum
standards o f welfare will become more and more matters o f social
knowledge and less and less matters of individual taste—but only
minimum standards relating to those necessities which are generally
accepted as such.”
OTHER DECISIONS.
While the foregoing cases may be said to establish the principle
o f the constitutionality of laws of this class, and to discount the
probability o f the success o f any further efforts along this line of
action, they have not sufficed to preclude attempts to invalidate cer
tain acts o f the minimum wage commissions. The industrial welfare
commission o f Washington, taking cognizance of the increased cost
o f living due to war-time conditions, called a conference to meet
August 28 and 29, 1918, to consider what rates should be adopted as
minimum in view o f the same. This “ war emergency conference ”
recommended a uniform rate of $13.20 j>er week in the employment
o f women o f the age o f 18 and over, during the period o f the war.
In isssuing this order, based on this recommendation, the commis
sion appended as note 1 , below the signatures and attest, the state
ment that “ This order shall be interpreted to mean an 8-hour day
and a 6 -day week, or 48 hours’ service weekly, or at the rate of 27-J
cents per hour.” This order became effective November 10 , 1918, and
in pursuance o f its provisions the commission procured the arrest
and conviction of the proprietor o f a hotel for employing a chamber
maid for a week o f 7 days, during which she worked more than 48
hours, but less than 56, and not more than 8 hours in any one day.
The wages paid were $13.20, so that the offense charged was solely
that o f working more than 6 days or 48 hours. The defendant
OTHER DECISIONS.
49
claimed that the commission was without authority to fix the wage
per hour and the days per week. As to this Judge Hurn, of the
Superior Court o f Washington for the county o f Spokane, ruled
that the welfare commission could not act in fixing wage rates, etc.,
of adults “ independent o f a constituted conference.” Inasmuch as
the provision as to days per week was added by the commission with
out a recommendation from the conference, it followed that this
provision was invalid, as in excess of the commission’s powers, and
the defendant was accordingly held not guilty of an offense against
the law (State v. Moore, July 16, 1919).
Following this a “ public-housekeeping conference” was called,
which was held on March 3, 4,1920, and it recommended a minimum
o f $18 per week, $3 per day, or 37^ cents per hour; also that employ
ment be limited to six days per week. The law of the State pre
scribes an 8-hour day. The welfare commission thereupon issued an
order embodying these recommendations, bearing date o f April 3,
1920, effective in 60 days.
Inasmuch as the limitation to a 6 -day week was duly recommended
by the conference, the point of attack made use of in the Moore case
was not available, but another effort was made to overthrow the law
generally in an attack specifically on the validity of the order.
Despite the decision in the Larsen case, action was brought in the
Superior Court for Thurston County, Wash., again challenging the
constitutionality of the act (Spokane Hotel Co. v. Industrial Welfare
Commission, decided Aug. 7, 1920). The claim was made that the
act violates the “ due process ” clause of the State and Federal con
stitutions, that it improperly prevents appeals to courts on questions
o f fact, and that it is unconstitutionally administered. In raising
these questions it was contended that they had not been considered by
the Oregon Supreme Court, whose conclusions had been adopted by
that of Washington in the Larsen case. The judge examined these
points in order and concluded that they had been fairly passed upon
by the Oregon court and that the Washington court had acted with
these in mind in reaching its conclusions. Other objections to the law
were held to be not well founded, and the order of April 3 was upheld
accordingly. This position was affirmed on appeal to the supreme
court of the State (Dec. 1 1 , 1920, 194 Pac. 595), the court reaffirm
ing its earlier opinion, stating that “ The statute provides the com
mission shall specify a minimum wage and standard conditions of
labor for women, and this provision is clearly broad enough to jus
tify the commission ” in its action. This was specifically held to
apply to the provision establishing a 6 -day week “ as a standard con
dition.”
The contention that the statute violates the constitutional provision
as to “ due process of law ” was met not only by a reference to the
earlier decision of the court in the case of Larsen v. Rice, supra, but
also by various citations sustaining the principle of commission
action, including decisions by the Supreme Court of the United
States. “ The legislature can not delegate its power to make a law,
but it can make a law to delegate a power to determine some fact or
state of things upon which the law makes, or intends to make, its own
action depend.”
87559°— 21------- 4
50
CONSTITUTIONALITY.
The claim that public hearings were not had, as required by the
law, was shown to be without foundation. “ Counsel who now repre
sent appellants [the hotel keepers] were present at all these [at least
three] hearings.” As to the point that the commission was without
authority to fix allowances for room and board, the court remarked
that u it does not appear that appellants are interested ” in that ques
tion. But if they were, the matter was said to be entirely within their
discretion, as “ the employer may or may not, as he chooses, furnish
room and board at the prices stated. I f he does not so agree, the
straight wage schedule shall prevail” (Spokane Hotel Co. v.
Younger, 194 Pac. 595).
A quite similar outcome followed attempts to invalidate an order
o f the Minimum Wage Commission of Minnesota, this case reaching
the supreme court o f the State. Minnesota is one o f the States in
which the question of constitutionality already had been unsuccess
fully raised (see Williams v. Evans, supra) ; but in spite of this an
order of July 5, 1919, fixing a standard minimum wage for women
in all employments throughout the State was attacked as beyond
the power of the commission to enforce. A distinction was made
between cities, etc., having a population o f 5,000 or more inhabitants,
and places of smaller population. In the first group it was ordered
that a minimum of $11 per week be paid, while in the latter the sum
o f $10.25 per week was fixed upon. These amounts were based on
the rendition o f services by u women and minors of ordinary ability,
in ordinary occupations, working not to exceed 48 hours per week.”
An hourly rate for work in excess of 48 hours was also fixed, being
23 cents in cities and 2 1 ^ cents in smaller places. The allowance to
be made for room and board, where furnished, was also specified, and
it was directed that where telephone operators are customarily on
duty between 6 p. m. and 8 a. m. and are allowed to sleep while so
on duty, 12 hours on duty shall be construed as the equivalent o f 8
hours o f work. A companion order made provisions for learners
and apprentices.
The power o f the commission to enforce these orders was chal
lenged in a suit by a telephone company ( G r . O. Miller Telephone
Co. v. Minimum Wage Commission, 177 N. W. 341), seeking to
restrain the commission from their enforcement. The district court
o f Goodhue County granted a temporary injunction, whereupon the
commission appealed and secured a reversalof the order of the court
below.
The power o f the commission to fix rates was first considered, the
conclusion being reached that it was not authorized to fix a blanket
minimum wage throughout the State for women or for minors with
out reference to wage conditions in the different occupations, but
that the rates for different occupations should be fixed after an inves
tigation and determination o f wage conditions therein. The basis
o f action by the commission as laid down by the law is that the com
mission may establish a minimum rate “ if after investigation of any
occupation it is o f opinion that the wages paid to one-sixth or more
o f the women or minors employed therein are less than living wages.”
This does not necessitate a finding that one-sixth or more of all
women or minors of the State are receiving less than a living wage,
but permits single occupations to be taken up and considered indi
vidually.
OTHER DECISIONS.
51
Another point dwelt upon by the court is that the commission need
not make a formal finding or recital of its opinion after investigation.
Though the order in question contains such a recital it was not neces
sary, but neither did it vitiate the order. While it is not necessary
that the order should present findings o f fact and conclusions of law
to support its provisions, it is not improper for the commission to
answer in an action against it that it is the opinion of the commis
sion, after a thorough and extensive investigation, “ that more than
one-sixth o f the women and more than one-sixth o f the minors em
ployed in the State in each and every occupation were receiving less
than a living wTage at the time the orders complained of were issued ” ;
while the further allegation that more than one-sixth of the women
and the minors employed by the particular plaintiff in the present
case were receiving less than living wages “ is not to be disregarded.”
One objection raised was that the order gives women and minors
the same minimum wage. The court ruled that the statute intends a
separate investigation and determination for the two classes, but
that the minimum fixed may be either different or the same for each;
and so far as the alleged facts appear, there is nothing to make the
order invalid because applicable to both classes. “ Again, the plain
tiff can not complain if the minimum for neither class which it em
ploys is too high.”
Another complaint was that the commission required the payment
o f 23 cents an hour for each hour o f work in excess o f 48 hours as an
addition to the $ 11 minimum prescribed for a 48-hour week. The
commission has in fact no power to fix the legal hours of labor, which
are regulated by law, 10 hours being a standard workday unless a
shorter time is agreed upon. But, “ the order does not fix the hours
o f labor. It takes 48 hours a week as the basic period of labor upon
which to compute a minimum wage.” The assumption that one em
ployed but eight hours per day can make use of some time for selfservice and other activities that will reduce living costs, while if a
longer period is worked this service will have to be done by others
at added cost to the worker, is regarded as o f weight. 64 W e can not
say that this contention is fanciful.”
The plaintiffs made a point o f a supposed situation where tele
phone service is attended to by persons employed in stores, post
offices, or at housework in their dwellings, rendering perhaps two
hours of actual service per day at the telephone exchange. It was
contended that it would be impossible to pay these people the mini
mum o f $ 11 per week, working thus a hardship on the company in
compelling it to withdraw service, and likewise depriving individuals
o f a “ small, though welcome, addition ” to their income. The court
disposed o f this by saying that no such case was covered by the law,
but that it was “ the purpose o f the minimum-wage act to reach occu
pations which furnished the substantial livelihood to workers therein
and consume their ordinary work period, and not to include workers
who do some slight or intermittent daily or weekly service.”
The fixing o f different rates for localities of different population
could not be regarded as arbitrary, the law making such differences
possible if within different areas o f the State the cost o f living should
warrant such variation. And again, “ the plaintiff has no cause o f
complaint unless the minimum which it is required to pay is too
high.”
52
CONSTITUTIONALITY.
Brief notice was given to the order relating to learners and appren
tices, which regulated employment for such persons at rates varying
throughout the first, second, and third three months o f service.
“ From what appears in the pleadings, we can not assume that this
is an invalid classification or that it is an invalid administrative
regulation.”
The last point considered by the court was as to the nature of the
commission. It was said to be an administrative body, neither legis
lative nor judicial power being delegated to or conferred upon it.
“ It has the administrative authority which is conferred by the
statute.” It must be permitted to proceed in a practical way for
the accomplishment o f the lawful rules contemplated by the act,
exercising judgment and discretion as to details o f administration
and the establishment o f administrative regulations. I f it should
abuse its authority, the courts are open, and while “ the remedy
afforded may not be perfect, it is such as the law gives.”
The entire finding, therefore, left the order, blanket in form
though it is, in force and effect as against the plaintiffs, and, by di
rect inference, against any other occupation or employment which
could not make a showing of inapplicability or of excessive rates,
such as the present plaintiffs were unable to sustain.
An application for an injunction restraining the operation of the
law o f the District of Columbia, on the ground that the law was
unconstitutional, was refused by the supreme court o f the District,,
the court being “ of the opinion that the minimum-wage act is con
stitutional ” (Children’s Hospital v. Adkins, June 22 , 1920). The
case was thereupon taken on appeal to the court of appeals o f the
District. It is also said that it will be carried to the Supreme Court
o f the United States, whichever side is successful in the court o f
appeals.
Though the law of Texas was enacted as late as 1919, subsequent
to a number o f decisions sustaining the constitutionality of legisla
tion of this type, an attack on the validity of the law of this State
was made by an employer affected by it. The case arose under the
provisions of the lawT penalizing employers for discharge or threat
ened discharge or in any other manner discriminating against em
ployees for testifying in investigations by the minimum wage com
mission. Conviction for discharge o f an employee for testifying
was followed by an appeal, the claim being made that the law was
in conflict with various provisions of the constitution of the State
and of the United States, depriving persons o f life, liberty, or
property without due process of law, abridging the privilege o f citi
zens, and impairing the obligation of contract.
The court below had refused to quash the complaint on account o f
this alleged unconstitutionality of the law, and the case was taken to
the court o f criminal appeals of the State. This court found the law
valid in all respects in which it was attacked, saying that it must be
borne in mind that “ any contract entered into between our citizens
includes as a necessary part thereof the written law of the land.”
The contract with this employee therefore necessarily contemplated
her possible activity as a witness before the welfare commission, so
that in appearing she had in no sense violated her contract, and her
discharge therefor would be in violation o f the law. The penalty
OTHER DECISIONS.
53
assessed by the court below was therefore affirmed (Poye v. State of
Texas, Oct. 15,1920).
The Workmen’s Compensation Bureau of North Dakota, which
administers the compensation law of the State, was enjoined from
enforcing certain orders issued by it, not on the ground that the
law itself is unconstitutional, but that certain orders issued by it
were invalid, irregular, and an unreasonable restriction on the plain
tiff’s right o f contract for service. In issuing the injunction, the
court below required bonds to be given to cover the difference in
wages, if the orders should be found valid, and the supreme court
of the State affirmed the restraining order as conditioned, until the
matter should be decided on its merits, which could not be considered
in the present case (Northwestern Telephone Exchange Co. v. W ork
men’s Compensation Bureau, March 21, 1921).
OPERATION OF THE LAWS.
SCOPE OF INQUIRY.
The foregoing discussions and analyses have disclosed a very gen
eral similarity of the laws, with certain wide exceptions as to the
methods adopted. The following account of the separate State laws
considers their administrative methods, and the experience under
them, and shows something of the effect of the various factors.
The States covered differ considerably in their industrial develop
ment, the length of their experience under the law, the attitude o f
employers, the interest o f employees, and the activity of the adminis
trative agencies, all of which conditions, of course, affect the results.
Sources o f information are the laws themselves, reports of commis
sions, court decisions, answers to letters of inquiry, and investigations
by the United States Bureau of Labor Statistics.
Following are the points of inquiry formulated for the guidance o f
the investigation:
A. State Commissions.
I. M em b ersh ip :
(a ) Selection and appointment.
(&) T erm o f office.
(c ) A ctu a l periods o f service.
(cl) C ontinuity o f policies.
(e ) Staff, appropriations, and expenditures.
I I . Pow ers and d u tie s :
(a) T o m ake investigations— on request or own initiative.
Cooperation o f w itnesses, availability of records, etc.
(&) T o fix rates—
1. Independently.
2. A fte r report o f w age board.
Can findings o f w age boards be modified?
3. R evisions— basis, procedure, etc.
(c) T o prom ulgate rates—
1. F in al h e a rin g s: Procedure, results in practical experience*
etc.
2. H o w is binding proclam ation effected?
A ttitu d e o f em ployers and em ployees tow ard acceptance?
( d ) T o enforce law — P rovisions o f act, and actual m easures taken.
1. V iolation o f rates.
2. D iscrim in ation against active employees.
3. R ecovery by employee o f unpaid balances.
4. M ethods o f ascertaining com pliance or noncompliance.
I I I . Cooperation w ith other agencies.
OPERATION OF T H E L A W S .
54
B. W age Boards.
I. Formation— Provisions of law, and actual operation:
(а) E m ployees—
1.
2.
3.
4.
5.
W illin g n ess to serve.
H o w selected ?
A re they representative?
D o they jeopardize position or advancem ent?
E ffect on class spirit, unionism , sense of capacity for selfhelp, etc.
(б ) E m p loyers—
1. W illin g n ess to serve.
2. H o w selected?
3. A re they representative?
4. D o experiences serve to separate or unite em ployers and
em ployees?
(c ) D esirability o f public representatives.
I I . A re services on w age boards com pensated? R easons for and against.
I I I . Is there any tendency tow ard p rofessionalism or an attorney system ? Is
such a system d esirable? I f not, how can it be avoided?
C. Orders.
Give an account o f each existin g order, reasons for selection o f industry, op
eration o f order, etc., having in m ind applicable points o f inquiry under A and B.
(M em bersh ip o f boards, budgets, and other evidence subm itted, wftgjes pre
viously paid, findings and recom m endations, final determ ination, revisions, if
any, w hen and w h y .)
D. Basis.
I. E lem ents o f a “ livin g w age ” for w o m e n :
( a ) R equirem ents fo r—
1. H ealth .
2. M orals.
3. W e lfa r e (scope o f te r m ).
R ela tiv e w eight o f each item .
(&) D o different em ploym ents (clerical, m ercantile, fa cto ry ) dem and
different standards, as fo r clothing and laundry, food (q uantity,
q u a lity ), vacation, and recreation, self-im provem ent, etc.?
( c ) D ifferences due to locality— rural, urban, etc.
I I. “ Suitable ” w ages fo r m in o r s :
(a) M easure, and mode o f determ ination.
I I I . Provisions fo r—
(a) L earners and apprentices— H o w defined and lim ited ?
(&) Substandard w orkers.
IV . T o w hat extent should and can provision be m ade fo r—
(a) W om en w ith dependents?
(&) Undeveloped or experim ental industries?
(c) A n y ether exceptions?
E. Results.
I.
I I.
III.
IV .
D o w omen lose opportunity fo r em ploym ent? C hildren?
E ffect on interstate competition.
A re excess num bers o f learners em ployed, to secure cheap labo r?
(a) D oes the m inim um tend to become the m a xim u m ?
(S ) H a s the law affected the type or sta b ility o f the em ployees?
V . R ela tio n o f fixed rates to general advance in w ages.
V I. A ttitu d e tow ard present la w o f—
{ « ) E m ployers.
( b) E m p loyees affected.
(c ) Organized labor.
(d) Others interested.
V I I . A ttitu d e o f sam e tow ard extension o f principle w ithout regard to age or
sex, o r the <j*iesti©n o f dependents, or can this last point be safeguarded ?
ARKANSAS.
55
ARIZONA.
SKETCH OF THE LA W .
The law o f Arizona is one of the few that fixes by its own pro
visions the rate to be paid. No provision is made for any other rate
than the standard one o f $10 per week for females in the designated
employments, neither age nor experience being referred to. No
administrative agency is named, the punishment of violators evi
dently resting with the general law enforcement officers of the State.
The law was approved March 8 , 1917, and came into effect June 7,
1917. A referendum petition was filed against it, but was declared
null and void by the supreme court o f the State.
EFFECT OF THE LAW-
The State officials report that at the present, u and for a long
period past,” women’s services generally have commanded a higher
rate o f pay than that fixed by the law. There was considerable oppo
sition to its enactment in some parts o f the State where a low rate
obtained, and a number o f violations have been punished by legal
process, while cautions have been given in other cases. Generally,
there is a willing compliance. A few cases were reported as per
sonally known to have involved raises in rates due to the law.
The law is said to apply to “ all females who could be legally em
ployed within the State.”
A representative of the chamber of commerce o f one of the prin
cipal cities reports slight practical effect upon the better class of
employers, but more in the case of “ employees in restaurants, laun
dries, etc.”
ARKANSAS.
SKETCH OF THE LA W .
In Arkansas, as in Arizona, there is a statutory rate, but with the
difference that there is a lower rate ($1 per day) for inexperienced
workers than for those who have had six months experience. For the
latter the rate is $1.25 “ in any establishment or occupation,” in manu
facturing, mechanical, or mercantile establishments, laundries, or
express or transportation companies. The original law, enacted in
1915, excluded cotton factories, the preservation o f fruits and perish
able farm products, and the gathering of the same; also all establish
ments employing less than four females “ in the same building, at the
same time, doing the same class of work.” The law fixes a 9 -hour
day for females. It was amended in 1919, and the numerical limi
tation was stricken out. The exclusion of fruits and farm products
was also modified so as to relate only to their gathering, leaving their
preservation to be governed by the act. The law applies only to
“ women ” and “ minor females,” who are on an equal footing
throughout.
Although the rate is statutory, a commission is provided for, which
is to investigate, on complaint, the conditions of women employed at
piecework", and may, on its finding that such system is working an in
jury to their general health, abolish such work, “ or any other injuri
OPERATION OF T H E L A W S .
56
ous system,” and establish a daily rate o f wages not less than the statu
tory minimum. It is provided, however, that a lower rate may be
fixed for any occupation or industry in which it appears that such
rate is sufficient to meet the necessary cost of livin g; also that the com
mission may establish a higher rate in any occupation in which the
statutory rate is found to be too low.
A special provision covers hotels and restaurants, for which the
commission may fix a rate not higher than the statutory minimum.
As first enacted, telephone establishments were included. When the
amendment of 1919 was adopted, extending the law to employers of
even one female, the opposition of the organized telephone companies
was said to be so influential as to secure their exemption, which was
acceded to in order to secure the elimination of the numerical limi
tation.
The constitutionality o f the act was challenged early in its history,
but it was upheld by the supreme court of the State (State v. Crowe,
p. 44).
COMMISSION AND STAFF.
The law provides for a commission, consisting o f the commissioner
of labor statistics and “ two competent women,” one to be appointed
by the governor and the other by the commissioner. The women
serve without salary, but receive their expenses; $500 was appropri
ated for 1919-1921 by the legislature of 1919. This commission acts
directly, on its own finding of necessity, no provision being made in
the law for a wage board or other advisory agency, though public
hearings are prescribed.
ESTABLISHMENT AND ENFORCEMENT OF RATES.
Investigation by the commission is to follow any complaint sub
mitted to it in regard to any line of industry wherein females are
employed, and if the need of action appears a public meeting may be
held, at which all interested persons are given “ a reasonable oppor
tunity ” to be heard. The commission may then proceed to fix a rate,
which shall be the legal minimum. No time is set for the rate to be
come effective; about four weeks is the elapsed time in one instance.
Employers are required to keep accurate records of the work time
and the wages of their female employees, the same to be open to
inspection at all reasonable hours, v Failure to pay the prescribed
wage is a misdemeanor, punishable by fine, each day constituting a
separate offense.
The report o f the commissioner of labor for 1917-18 states that
more than 1,000 investigations and inspections have been made, and
some 250 cases of noncompliance found, most of them due to lack
o f acquaintance with the law. It is not clear whether these relate
mainly to hours or to wages. The policy of friendly adjustment
rather than of prosecuting is said to be generally successful.
GENERAL CONSIDERATIONS.
No basis is indicated for the statutory rate fixed, but that fixed by
the commission is to be such as will meet the “ necessary cost o f
proper living and maintain the health and welfare ” of the worker.
ARKANSAS.
57
Substandard workers are not referred to, nor does the law suggest
that the commission shall make different rates for learners; however,,
the statutory provision makes distinctions of this kind, and by
analogy, the commission has established a learning time and lower
rates therefor. The attorney general of the State expressed the opin
ion that local and trade differences should be provided for if found
to exist, so that a blanket order covering an industry or certain in
dustries throughout the State was beyond the power of the commis
sion; but if conditions were found to be similar in certain counties
or certain towns of a county, a general order applying thereto could
be made without the necessity of a special hearing for each and every
town o f the State. The text of the law speaks only of occupations,
trades, and industries, and not of localities.
ORDERS AND RATES.
Among the early acts of the commission was the fixing of wagerates for some local telephone companies, the results being reported as
satisfying the employees, and disposing of the complaints that had
arisen. However, no formal order seems to have been issued, as
what is known as order No. 1 establishes the work time of females in
hotels and restaurants, no reference being made to wages. This
order bears date of May 13, 1919.
M E R C A N T IL E
IN D U S T R Y
IN
FORT
SM ITH .
On August 4, 1920, an order (No. 2 ) was issued, to take effect
on September 1 , fixing a minimum rate for females employed in
the mercantile industry in the city of Fort Smith. This action was
taken following a petition for an increase o f wages for women em
ployed in the city. A t a public hearing held therein on July 26
and 27, 1920, it was found that a number of women employed in
this industry wTere receiving less than was necessary to “ properly
maintain a self-supporting woman in the necessities of life.” As
the commission may act under the law directly, it proceeded to estab
lish a rate for experienced females of not less than $13.50 per week,
and for inexperienced females of not less than $11 per week. These
rates were based on full-time work, meaning thereby the full num
ber o f hours required per week by employers and permitted by the
laws o f the State, i. e., 9 hours per day and 54 per week. The posi
tion was taken that inexperienced workers not only are of less value
to the employer, but also many of them are not wholly self-support
ing. By experienced workers is meant those who have had more
than six months’ cumulative experience. In fixing the rate named
the commission “ took into consideration the fact that employees in
mercantile establishments secure their clothing at less cost than
other workers, and also receive bonuses and premiums.” The com
mission presumed that this custom would be followed by employers,
as this was one of the considerations in the deliberations of the
commission in establishing the wage. Nothing was allowed for in
cidentals, as vacation, doctor or dentist, newspapers, self-improve
ment, or benefit associations. The award is said to be a “ substan- ,
tial increase over the wage paid in the mercantile industry in the
city o f Fort Smith, and is subject to revision on motion of th e 4
OPER ATION OE T H E L A W S .
commission or by petition.” It is also said that the commission in
tends to issue such further orders as are warranted by information
coming to its attention.
The order is too recent for any report on its effects. It is re
produced on page 282.
EFFECT OF TEE LAW .
The first report of the commissioner of labor on the workings of
the law speaks of the occasion of it—an investigation made by him
disclosing wages as low as $3.50 per wTeek for employed females.
“ By means o f this law we have not only shortened the hours o f
labor for the female workers, but have raised their wages over one
hundred thousand dollars per annum.”
No complaints as to inadequate piece rates (section 9) have ever
been received, and consequently no action has been taken in this
particular field. The same is true of section 10 , looking to the
fixing o f a lower rate on a showing of its adequacy. The action
resulting in the wage established for mercantile employments in
Fort Smith has been noted.
No tendency appears to discharge learners at the end of their six
months’ period, nor to make the legal minimum an actual maxi
mum ; though it is said that it “ does in many localities become the
average.”
The attitude, of employers generally is said to be one of tolera
tion of the law, though the report of the commissioner states that
“ many employers have assured us that they would not now adopt
the old system of low wages and long hours, even though the law
was held void,”
Organized labor and the employees affected cooperate in securing
the observance of the law; while the commissioner of labor charac
terizes it as “ one of the best protective measures for labor upon
the statute books o f Arkansas.”
CALIFORNIA.
SKETCH OF THE LA W .
The law of California adopts the commission method of determin
ing wage rates, the administrative body being known as an industrial
welfare commission. This body consists of five persons, “ at least
one o f whom shall be a woman.” Appointment rests with the gov
ernor. The positions are not salaried, but members receive $10 per
day and their expenses while serving. Salaried employees are pro
vided for.
As the title indicates, the powers of this commission extend to other
matters than wages, and it may investigate and regulate hours and
the conditions o f employment generally, as thej affect the ^ comfort,
health, safety, and w elfare” o f women and minors employed in the
various industries o f the State. By the term “ minors ” is meant per
sons o f either sex under the age o f 18 years.
The investigative powers o f the commission are quite full, including
the right to examine employers’ records (the form and content o f
which may be prescribed), to require reports, and to summon wit
59
C A L IF O R N IA .
nesses. The commission or any member or deputy may issue sub
poenas, obedience thereto being enforceable by the courts.
Following such preliminary investigation as the commission may
find desirable, it may proceed to the determination of a wage; or it
may organize a wage board, representative of employers and em
ployees in the industry, a representative of the commission acting
as chairman. The findings o f this board are purely advisory, and its
aims and procedure are such as the commission shall prescribe.
Public hearings are provided for to consider rates and other deter
minations o f the commission, after which promulgation is to be made
by publication and the ^mailing of notices. Orders are to be posted
in work places, and may be reconsidered on petition or on the motion
o f the commission. Special rates may be allowed for persons physi
cally defective by reason of age or other cause, valid for not over six
months; also rates for learners. The hunlbet* of special licenses may
be limited by the commission.
The commission has full enforcement powers, and may proceed
against persons paying less than the rate fixed or practicing discrim
ination against employees testifying before the commission or a
board. Agreements to work for less than the minimum do not bar
suits by employees for the balance. Any person may register a
complaint before the commission, which shall then investigate and
take remedial action. Limited appeals lie to the courts from the
findings of the commission.
COMMISSION AND
STAFfc.
Though the laws of some States require the membership of the
commissions to be representative o f different industrial interests,
such is not the case in California. However, the same end was at
tained by the action o f the governor, who named a judge of the supe
rior court and a woman interested in social and economic questions,
and formerly an agent of the State bureau o f labor, classifiable as
representing the public; an employer representing the commercial
and mercantile industries ; one representing the fruit-packing indus
try ; and, as a labor representative, the secretary of the San Francisco
Building Trades Council and vice president of the State federation
o f labor. The personnel o f the commission has continued unchanged
since its appointment in 1913, except for a vacancy caused by the
death of an employer member in 1016, filled by the appointment of
another employer; and the resignation of the judge o f the superior
court in 1919 on account o f the law making him ineligible to hold
another office. This place is not yet, at this date, refilled. As the
term o f service is limited to four years, it follows that all original
appointees have been reappointed, which bespeaks the continuation
of policies and the retention of expert service.
The commission secured the services of a secretary during the
period o f its organization, but after about two years he resigned and
the woman member o f the commission was appointed as its executive
officer, and this system has since been maintained. This member
gives practically all her time to the work o f the commission and is
its acting secretary. There is also an inspection force o f special
agents (eight in 1919), one of whom maintains an office at Los
Angeles. There is a stenographer at this office, and the .executive
60
OPER ATION OF T H E L A W S .
officer also spends some of her time there. The San Francisco office
is under a chief clerk, with three stenographers and occasional tempo
rary assistants.
In accordance with the provisions of the act, surveys and records,
include much more than wages, so that it is impossible to allocate
administrative costs so as to determine the amount chargeable to the
subject o f the minimum wage. It may be said, however, that because
o f the growth of industry the demands upon the commission outran
the appropriations made by the legislature, and as a measure o f
cooperation the canners’ association of the State put up in 1919 the
sum of $12,000 and the walnut pickers $1,000 for the employment o f
auditors to supervise the pay rolls of all employers in their lines.
These sums were deposited with the State treasurer, to be drawn
upon by warrants, the same as appropriations. About one-half of the
canners’ money was turned back as not needed. F or the biennium,
1919-1921, $70,000 was appropriated.
ESTABLISHMENT AND ENFORCEMENT OF RATES.
Initial action by the commission was delayed somewhat by reason
o f the fact that the same legislature (1913) that enacted the
minimum-wage law submitted to the electorate an amendment to the
State constitution authorizing the establishment of a minimum wage
by the legislature or by a commission created by it. This was in
effect a referendum of the act, and the commission occupied itself
with inquiries and investigations, making no rulings fixing wages,
until the result of the vote was known. This occurred on November
3, 1914, when the amendment was adopted by a vote of 379,311
against 295,109, or a majority of 84,202.
t In the meantime the contact with employers had made the act
known, and u an enormous amount of information ” had been
gathered. Conferences with representatives of various industries
“ were eminently successful in bringing about a better understanding
by the employer of the aims and objects of the law, and in establish
ing a spirit of cooperation.” A gratifying result o f this preliminary
work was the voluntary raising of minimum rates in force in a num
ber of establishments.
The first industries investigated were mercantile, laundries, manu
facturing (candies, confectionery, paper boxes, clothing, printing,,
publishing, tobacco, shoes, gloves, furnishings, food products), fruit
canning, telephone and telegraph, hotels and restaurants. The in
vestigation included the copying of pay rolls, with a complete report
on conditions of employment, apprenticeship, welfare work, etc.;
and individual returns by employees, about 20,000 in number. The
employees’ replies were followed up by personal visits to their homes
after work hours, interrogating them as to expenditures and living
and housing conditions. The results obtained in these preliminary
investigations are set forth in the first biennial report of the com
mission (1913-1914), but final conclusions were not attempted.
Under the law, investigations may be undertaken either on peti
tion or on the initiative of the commission. It is said, however, that
all have been made on the initiative of the commission, using its own
judgment as to the importance of the subject to determine the order
o f consideration.
C A L IF O R N IA .
61
The industries are for the most part organized, as far as employers
are concerned. When matters affecting an industry are to be con
sidered the commission prepares a notice to be posted in the various
establishments, calling the attention o f employees to the subject, and
inviting them to nominate a representative to sit on the proposed
wage board. I f the employees are organized, the association may
choose the representatives. Thus in the formation of the laundry
board in June, 1917, the Los Angeles representatives were chosen
by the various establishments, while in San Francisco the laundry
workers’ union made the selections. The secretary o f the commis
sion also calls on the organizations of employers for representative
members from the different localities.
A conference is first held with each group separately, beginning
with the employees to secure information from their standpoint as
to changes that are desirable, then submitting the various points to
the conference o f employers. Separate conferences are found to be
more satisfactory as initial steps, as the employees then speak fully
and freely, and the employers are more ready to discuss the facts.
There is “ no sparring and no fear.” A t public hearings, on the
other hand, the presence o f reporters, who are said to “ magnify
and distort,” is an added influence to that of a desire of self-justifica
tion in the face of the other party, leading to the declaration made
by an official that they “ get nothing from public hearings ” and little
also from joint conferences. However, joint conferences are some
times held, following the group conferences, with an effort to reach
an agreement on the issues developed.
Employers’ records are not usually required at these conferences,
their inspection by the agents of the commission being adequate.
I f records are desired no trouble is experienced in securing them.
The use of the conferences of representatives also does away with the
calling o f witnesses.
The representative value of the employer members of the confer
ences is felt to be far greater than that of the employees; since the
former come from associations where the subjects involved come up
for consideration, while the employees usually know only of condi
tions in the establishment which they represent, and are either unable
or unwilling to adopt a broader outlook. However, they are actual
workers, and are absolutely representative of their establishment,
and quite interesting campaigns sometimes take place in their selec
tion. Where organization exists among the workers it places them
of course on a more equal footing as representatives, but women in
industry are not largely organized.
The findings of the conf erences or wage boards are not binding upon
the commission, and indeed the holding of such conferences is not
prerequisite to the fixing o f a rate. On account o f the expense in
volved, conferences have not been held in all cases, though they are
regarded as desirable, but the sole responsibility of action rests
with the commission. Revisions are said to be uniformly made
by the commission acting alone.
Public hearings are required by law before the final promulgation
o f an order, or before the revision of an existing order, but the tenta
tive or probable conclusions o f the commission are not required to be
submitted thereto. These occasions are regarded as valuable as serv
62
0PERATT0K OF THE LAW S.
ing notice of the intention to issue an order or to change rates.
They are required to be widely advertised, and are open to all who
wish to attend and to take part. Employees are said to be more in
clined to speak than are employers. Actual changes in the recom
mendations o f the conferences rarely, if ever, take place because of
these hearings.
Promulgation of the order by publication and by mailing follows
the public hearing, the order becoming effective after 60 days. The
rates fixed have been quite generally accepted as a matter of course
by the employers, and adverse criticism by employees is practically
unknown.
This is not to say, however, that enforcement provisions are or
can be neglected. The commission calls for pay rolls at will. A
general call is sent to the mailing list of employers affected when
a new order goes out. Repeat calls are given to firms under sus
picion, or when a complaint is made, and if the rolls are not forth
coming, the district attorney may be notified, or an inspector sent
to look into the matter. Little difficulty is experienced with the
larger employer with an established business; but there are several
cases of complaint involving small and temporary employers.
This is particularly true in regard to fruit canning and nut picking.
In the latter industry, for instance, an Italian or a Russian Jew
can buy 100 pounds of nuts and employ a group of women and
children o f his own nationality in some back room or yard to crack
the nuts and pick out the kernels, and the commission remain un
informed as to the entire transaction. It was to protect themselves
against competition o f this sort that the larger employers con
tributed to the enforcement funds of the commission, as noted on
a previous page. Auditors are assigned to specific areas, and under
take to see that the law is complied with therein.
The problem o f enforcement is much more complex in southern
California than in the northern part o f the State. The surplus of
woman labor due to the coming in o f individuals or families seek
ing a change o f climate, without much capital and with no indus
trial skill or spirit, willing to work for low wages as a partial con
tribution to support, and many o f them elderly, requires a super
vision for which the limited inspection force is inadequate. Mexican
wrorkers are also said to be racially and temperamentally against a
standard o f production such as should accompany an effective mini
mum wage, though exceptions were mentioned.
However, it is the willingness of the employer to pay less than
the minimum if possible that causes the actual violation, and in
the Los Angeles office in particular many complaints come in, con
stituting an important factor in the work of enforcement, but it
is found that violations occur mostly in the smaller places and are
largely due to ignorance. There is practically no resort, therefore,
to penal proceedings; in fact, it is said that up to the close o f the
year 1919, there had been but one prosecution m the history of the
law, and in that judgment was obtained. However, some persistent
violators o f the law, who had been found to be making false reports,
were being considered for prosecution at that time.
Suits for the recovery o f balances have never been required, though
recoveries have been made amounting to thousands o i dollars; but
CALIFORNIA.
63
a desire to succeed by educational and cooperative methods has in
fluenced against prosecutions. Employers accept the computations
o f the commission, and the money is paid into the office, from which
the payment is made to the employee. The names of complainants
are not disclosed, amounts due being discovered by an examination
of the pay roll, so that retaliatory action is avoided. Only a single
instance o f discharge for reporting was said to be definitely sus
pected by the commission, and the employer claimed another reason
m that case.
The welfare commission enjoys the benefits of a measure of coop
eration in the field of enforcement. The bureau o f labor enforces
the child-labor law of the State and the 8-hour law for women
and children, and its employment bureau also assists in the matter
o f wages paid. The administration of the mothers’ pension law may
disclose underpayments, which are reported to the commission. The
State board o f health and the commission on immigration and hous
ing also afford assistance in certain phases of the commission’s work.
W AGE BOARDS.
The constitution and functions of the wage boards have already
been considered in connection with the establishment of rates, but
there are some points o f incidental interest that may be noted here.
One is the attitude o f employers toward the selection o f one o f their
employees for service on such boards. When the creation of a
board is in prospect, representatives of the commission are given
opportunity to address the employees o f the larger establishments,
to set forth the object o f the selection, and encourage active and
intelligent participation. The attitude o f the employer has been
indicated in a number o f cases by his making it a matter o f pride
to announce the representation o f his establishment on the board,
and publishing in the establishment organ the picture of the em
ployee selected by her fellow workers for this duty. No case of dis
missal for wage-board service is known; rather, the party is recog
nized as a representative and champion of the order. ELowever, to
avoid possible direct contacts, as well as to secure wider represen
tation, it is thought desirable not to have an employee from an
establishment from which there is an employer representative.
There was pronounced expression o f opinion by officials that the
employers’ associations were helpful in a high degree, both in the
selection of their own representatives on the wage boards, and in
accepting the purpose and spirit o f the law. A marked difference
between Los Angeles and San Francisco has already been touched
upon, and that is the absence o f unions in the former. Employers
are closely organized, and are said to have as one o f their aims the
prevention o f organization among their employees. O f one group it
was said that they “ keep close to the minimum in the payment of
wages, and thus invite organization by their employees, but they
can’t be made to see it.” •
Service on wage boards is compensated by the payment o f $5 per
day and expenses. This is regarded as highly desirable in the case
o f employees, and in fact “ no person should be called from his
regular work and duties to render service to the State without com
pensation.” Otherwise the commission might be deprived of valuable
64
OPERATION OF TH E LAW S.
services which could not be rendered at the employee’s cost; and to
depend on the employer to meet the expenses would be to run the
risk of a subsidized representation. Only one case was known where
the employer stopped the wages of an employee rendering wageboard service, and when a commission member explained that she
was really rendering his business a service, and that such action was
too petty, the sum was made up.
The commission has in some cases availed itself o f the assistance
of members o f former wage boards, and the opinion was expressed
that it would be helpful if each principal group of workers should
have its own board to consider the specific problems of its occupa
tion. There has been no opportunity for the development of any
form o f professional representation thus far, and no indication of it.
Nor can the activities of the workers be said to have had much effect
in the development o f a class spirit or of capacity for self-help,
except in the case of the cannery employees, with whom four years
o f experience, and the bringing home of the general situation to the
individual, have done much to give the workers a sense of selfrespect and independence. Considering the two groups in their rela
tion to each other, the effect of conference work on the employers and
employees engaged in it is said to be to bring them together and
breed mutual respect and cordial feeling.
The California law differs from that of a number o f other States,
in that no representatives of the public are required to be appointed
on the wage boards. No official interviewed regarded such represen
tation as desirable, especially in view o f the type o f commission in
the State, “ broadly representative o f industry, and not o f classes or
groups.” The questions involved are not matters for mediation and
arbitration. Especially is this said to be true o f the subjects o f ap
prenticeship, hours, sanitation, etc.; while the question of the cost
o f living is one of fact, as to which wage boards do not afford much
aid. Their work being only advisory, the present system is ample to
secure opinions from the parties in interest and facts as to conditions'
prevailing, the commission having after all the duty and power to
make final determination.
GENERAL CONSIDERATIONS.
The basic principle o f the commission’s action as to wages is said to
be that o f health. The use of the term “ welfare ” in the law and in
the title o f the commission was said to be vague and misleading, even
though admittedly inclusive o f the purposes o f the act. There had
been a movement that seemed likely to merge the identity o f the wel
fare commission in that o f the State industrial commission, but this
had been successfully opposed; however, an arrangement would be
welcomed whereby the welfare commission would become a depart
ment o f women in industry, or a women and children’s department,
in the industrial commission. The matter o f morals is not stressed,
the function o f the commission being rather the “ solution o f a phase
of the industrial problem ” ; and the activities o f the commission are
made as broad as conditions will permit. The aim is to establish
working conditions that the worker shall be able to go forward—not
merely to secure “ an existence wage which may preserve life but not
vigor.”
CALIFORNIA.
65
The question o f the need o f different rates of pay for women in
different industries was answered in the negative, the only exception
being as to laundry bills for waitresses. I f the requirements of the
different employments are not identical, they are nevertheless prac
tically compensatory. Office and mercantile employees must dress
better than laundry workers, but the latter wear out their shoes more
rapidly, and the perspiration destroys their clothing. Questions of
desires are too various to permit o f consideration.
After full consideration, the same answer was given as to different
rates for different localities. No such difference has ever been made,
and it is not believed that it is justified in principle.
In fixing rates for minors the same ultimate rate is adopted as
for adults, but the learning period is prolonged, as the younger
workers are less earnest to learn, less responsible, and require closer
supervision. Then, too, they are being educated and trained by their
employers, and are not presumed to be fully self-supporting. No dis
tinction is made in the laundry industry, however, as it is not one in
which children should be employed, on account of the tax on their
strength. Indeed, the general purpose of the commission is to work
toward decreasing the employment of children, rather than to en
courage it.
Learners, whether minors or adults, must be registered with the
commission and a careful account kept of their term of service and
advancement. “ Every trade employing learners or beginners at a
wage below the prescribed minimum is obliged to prove its right
to exemption as regards below-the-minimum employees, and the
nature of the proof can be found only in the nature of the actual
teaching opportunities afforded.” Substandard workers are subjects
o f definite information and individual determination as to the
grounds for licensing as such. For the reasons set forth in an earlier
paragraph, requests for licenses for substandard workers come mainly
from southern California. The total number issued or in effect in
the autumn of 1919 w as: For mercantile establishments, 8; office work,
1; hotels and restaurants, 2; canning and packing (season of 1919),
305; laundry, 50; manufacturing, 159; unskilled and unclassified
(mostly walnut pickers and laundry box office attendants), 1,500.
, The number— or proportion, rather— of learners in the different
establishments is fixed for the various industries. Provision is also
made for part-time workers, i. e., those employed for less than eight
hours per d a y; and for special workers, i. e., those who work less than
six days per week. New industries for which an experienced work
ing force is not available are allowed a larger percentage of learners,
as 50 or even 60 per cent for a limited period, until a working
force can be trained. Specifically, this has occurred in the estab
lishment of a stocking factory in southern California, where 60 per
cent of learners were allowed; also in box factories where there were
no skilled workers in the locality.
A problem arising locally concerned classes of student workers
receiving business training in the high schools of San Francisco and
Los Angeles, and employed as salesgirls on Saturdays and Mondays.
Classing them as minor inexperienced special workers would require
a rate o f $1.50 per day, but this was not regarded as quite a proper
classification, and employers were inclined to pay more but desired
3 7 5 5 9 °— 21------- 5
66
OPERATION OF TH E LAW S.
to fix the rate themselves. Some San Francisco merchants paid
high as $3 per day in 1919, but this was said to be undesirable,
fixing a false standard for employment when regular work should
sought. It was anticipated that the commission would fix a rate
$2 per day.
as
as
be
of
ORDERS AND RATES.
F R U IT AN D V E G E T A B L E CAN N IN G .
Though the earliest investigation made by the commission related
to mercantile employments, the first order issued applied to the
canning of fruits and vegetables. The reasons assigned were the
number of women involved and their working conditions, including
sanitation and hours, as well as wages. Detailed expert studies were
made o f all factors o f the fruit-canning industry in the year 1915.
As regards wages, it was found that, though the study of 62 can
neries showed about 25 varieties o f fruits and vegetables, four-fifths
of the canning output consisted o f peaches, tomatoes, apricots, and
pears. “ Obviously, then, if equitable rates are in effect or can be
put in effect for the preparers and packers of these four products,
an encouraging stretch o f the road to reasonable wage conditions
will be covered.”
Since the great bulk o f work is done by the piece (pound, quart,
box, bucket, etc.), it was necssary to discover the average production
per hour o f women employed at the different processes and on the
different products, and the hourly earnings resulting at the different
rates paid, and to standardize the bases so as to make the rates fixed
applicable generally.
Following the investigations made by and on behalf o f the com
mission, a wage board was formed, which met at San Francisco, January 13-18,1916. There were three employers’ representatives and
three workers, all six “ actually engaged in the canning industry of
the State, and expecting to continue as employers and workers.” A
member o f the commission served as chairman.
The commission first submitted data on the minimum cost of
living, but the board decided that, inasmuch as the commission’s rul
ings as to the standardization o f weights of boxes, the elimination of
lost time for pieceworkers (which included practically all females
employed), etc., would favorably affect the income o f the workers,
the question o f a minimum cost o f living might best be put over
until the results o f the proposed changes in rates and conditions
should become known.
The board had before it the results o f investigations showing earn
ings in a limited number o f establishments in which adequate rec
ords had been kept. There were considerable differences between
the rates paid in the different canneries investigated, as well as d if
ferences o f method and o f equipment, so that the earnings of the
workers varied widely, ranging from 10 to 26 cents per hour. Pay
ment for fruit worked was usually by the box, which is a variable
amount, subject also to adjustment for handling fruit o f lower
grades by filling the box “ not quite so full,” but with no real stand
ard. However, the commission felt that it had sufficient data to
afford a working basis.
CALIFORNIA,
67
The canners’ representatives submitted recommendations prepared
by an advisory committee o f canners, proposing rates for grade 1
and grade 2, though recommending that, “ in order to avoid compli
cations,” but one rate be adopted. Their rates for grade 2 were 25
per cent more than for grade 1, but it was their belief that fixing a
rate for grade 1 would be sufficient, as 66work on No. 2 fruit will
adjust itself, compelling a price proportionate to price paid for
working No. 1 fruit.”
The workers’ representatives submitted a single rate u to cover all
grades o f fruit, with the understanding that the smaller fruit is
equally distributed with the larger.” They submitted a much more
elaborate schedule o f rates for the operation o f filling the cans than
did the employers. A t the final meeting, the employees offered an
other schedule, which with a single change was unanimously ac
cepted by the board and recommended to the commission.
The following table shows the different rates before the board
from the sources above described;
A V ER AG E
ACTUAL AND
PROPOSED RATES, PER 100 POUNDS, FOR P R EPAR IN G
C A N N E R Y PRODUCTS.
r
Average
rates,
1914
and
1915.
Fruit.
Peaches, cling......................................................................
Peaches, freestone...............................................................
Apricots.................................................................................
P e a r s ...................................................................
Tomatoes1...........................................- ..............................
$0.2416
.147
.212
.371
.€319
Employers’
proposed rates.
No. 1
fruit.
$0.20
.10
.20
.325
No. 2
fruit.
$0.25
.125
.25
.40
.03
Employees’
proposed rates.
Second
First
schedule. schedule.
$0.25
.175
.25
.375
.04
$0.225
.125
.225
.375
.035
1 Per 12 quarts.
As already stated, the second proposal submitted by the employees
was adopted as the wage board’s recommendations, with a single ex
ception, that being the rate on tomatoes. The employers contended
as to this that, while in the matter of fruit California need have no
fear o f interstate competition, the tomato pack must meet keen com
petition in the East, so that they were unwilling to advance beyond
the 3-cent rate proposed by them. It was pointed out that they had
made concessions in the fruit rates, and with the adoption o f more
efficient systems, avoiding the loss of time, and with the standardiza
tion o f boxes due to the adoption of the 100 -pound rate, the average
hourly production would be considerably increased.
There was also a definite understanding that accurate records
should be kept o f all products, and if the rates did not yield a wage
equal to the commission’s standard o f the 66necessary cost o f living ”
there would necessarily be an advance for the next season. W ith this
in view, agreement was unanimous.
For canning fruit the employers had proposed a rate of 1.5 cents
per dozen as a minimum for No. 2^ cans and 3.6 cents for No. 10
cans, with a minimum rate of 1 cent per dozen for tomatoes, No. 2-|
cans. The workers’ rates ran above this for standards (2 cents per
dozen) and extra (3 cents per dozen) in fruit, and for solid pack (1.5
and 2 cents) for tomatoes. Their second schedule was simplified,
68
OPERATION OF TH E LAW S.
and met the employers’ rates, adding a rate of 2.4 cents per dozen for
tomatoes, No. 10 cans, and this was adopted.
These rates were embodied in “ I. W. C. Order No. 1 , Fruit and
Vegetable Canning Industry,” issued February 14, 1916, in effect 60
days from date. Time rates of 16 and 13 cents per hour for experi
enced and inexperienced workers, respectively, were also promul
gated, thus affording a standard by which the anticipated results of
the piece rates could be judged. In 1914 and 1915 in the establish
ments investigated the average earnings were, for apricot workers,
12.5 cents per hour; for peeling pears, 14.2 cents per hour; and for
cutting cling peaches, 15.1 cents, and tomatoes, 15.4 cents per hour.
No hourly rate for cutting freestone peaches was shown, though in
four factories cutting both clings and freestones an hourly average
earning o f 16.9 cents was found. This is the only rate that reached
the 16-cent standard fixed by the commission for experienced work
ers. Those who had worked for three weeks in the industry were to
be classed as experienced.
The order fixed 10 hours per day and 60 per week as work time
for adults (females over 18), but permitted employment up to 72
hours per week in cases o f emergency, the excess over 60 hours to
be compensated at one and one-fourth the standard minimum rate.
No work over 72 hours was to be allowed. Records were to be kept
o f work done and time worked by women and minors in the industry.
Another order of the same date (No. 2 ) related to sanitary condi
tions in canning establishments in which women and minors are em
ployed.
The records kept o f the operations under the order o f 1916 showed
10 1 fruit and vegetable canneries, employing more than 22,000
women and minors. Country canneries, dependent on local produc
tion and employing mainly local help, including the families of the
growers, ran from 8 to 28 weeks. City canneries, which are more o f
a factory type, ran from 18 to 31 weeks. Heavy turnover prevailed,
women in the country canneries averaging 7.7 weeks o f employment,
and in the cities 7.6. Twenty per cent of the women in the country
worked the entire season, as against 5 per cent in the city.
An interesting detail is as to the number of children employed.
In 1914 a study o f this subject in 41 canneries disclosed 2,344, while
the same plants in 1916 had but 1,092, representing a reduction of 53
per cent. “ In the short season that the canneries run, every inch of
floor space is valuable.” A child does less work per hour than a
woman and was permitted to work but 8 hours per day as against the
woman’s 10 , or 12 in emergency, so that “ the problem o f child labor
in the industry is solving itself.”
Tabulation o f the average hourly earnings showed for all can
neries 20.9 cents on cling peaches, as against 15.1 cents before the
order; 18.4 cents on pears, as against 14.2 cents; 13.7 cents on apri
cots, as against 12.5 cents; and 16,3 cents on tomatoes, as against 15.4
cents. On canning, work in 1916 yielded an average o f 19.1 cents per
hour, as against 15.9 cents prior to the order. “ The total increase in
the earnings o f women on the preparation of peaches, pears, apri
cots, and tomatoes was nearly $30,000.”
As to the common charge that 66the minimum will become the
maximum,” it was found that in 1916 43 per cent of the apricot pack,
CALIFORNIA.
69
17 per cent o f the cling peaches, 27 per cent of the freestones, 1 1 per
cent o f the pears, and almost 4 per cent o f the tomatoes were put up
at piece rates higher than the minimum. This last small percentage
is explained by the fact of keener interstate competition on this
product. Nor were earlier rates higher than the minimum reduced
to meet the minimum, only 1 of 50 cases where such higher rates had
been paid in 1915 being so reduced, and in this instance rates on
pears and apricots had to be raised to meet the minimum and the rate
on freestone peaches was reduced. “ The net increase in earnings in
that one plant, however, was $700.”
After the effect of the 1916 order had been carefully worked out
a conference was held with a committee of canners on March 27,1917,
and on the following day a public hearing for the purpose of amend
ing the orders as to wages and sanitation. No change was made by
the resulting new wage order (known as Order No. 3 ) in the rates
fixed in the first order, except in the case o f cutting apricots, for which
a rate o f 25 cents per 100 pounds was fixed, as against 22.5 cents in the
earlier order. A rate for sorting asparagus was added, being 13 cents
per 100 pounds. Provision was made for varieties o f products not
named in the order by authorizing employers to fix a rate that would
yield 16 cents or more per hour for at least 80 per cent of the women
and minors employed. Women licensed for employment as substand
ard workers were not to be considered in the computation.
The hours were fixed for women at nine per day; work in excess
of such time, or for more than six days per week, to be paid at one
and one-fourth times the regular rate up to 12 hours. Work in
excess o f 12 hours in any 24 called for double pay. A system o f daily
checks and of pay rolls was to show minors separately; weekly
reports were asked for in products of secondary importance, and in
apricots, in order that proper rates might be founds
The effect o f requiring double pay for work in excess o f 12 hours
was practically to eliminate the practice, while jury convictions under
the prohibitory order had been practically unobtainable.
The rates fixed in 1917 were again reviewed in the light of their
producing capacity and of the rising cost of living, and considerable
advances were made in a second revision o f the canning wage order,
dated February 15, 1918, and issued as “ Order No. 3, amended.”
The hourly rate for experienced workers on a time basis was fixed
at 20 cents instead o f 16, and for inexperienced workers at 16 cents
instead of 13 as before, and rates for other products were announced.
Three weeks was retained as the term for learning, but adult women
on piecework were to be guaranteed the learner’s wage of 16 cents
per hour for the first week o f employment on each product. The
standard workday was reduced to eight hours.
There was a public hearing held on the 6th o f December, 1918, at
which a general revision o f the orders then existing was considered.
On April 19, 1919, the executive officer o f the commission made a
report o f the* results o f a study into the costs o f living as they were
disclosed by investigations of the United States Bureau o f Labor
Statistics and a number of agencies—governmental and educational—
on the Pacific coast, from which it appeared that the minimum cost
o f living for a self-supporting woman in California at the time was
$13,57 per week. On April 22 the State welfare commission adopted
70
OPERATION OF THE LAW S.
this report, fixing $13.50 as the weekly minimum wage generally, and
the orders were revised to meet this standard.
Besides the public hearing noted above, there was a special con
ference with employers in the canning industry May 5 and 7, 1919,
following which the revised Order No. 3 was issued on May 12 ,
advancing rates and enumerating articles not previously included.
The time rate was fixed at 28 cents per hour for experienced workers,
21 cents for inexperienced adults, and 18 cents for inexperienced
female minors. Male minors were to be paid at the rate of 25 cents
per hour. The learning period was reduced from three weeks to one.
Rates fixed by employers for the preparation o f unlisted products
must yield not less than 28 cents per hour to at least two-thirds of the
women and minors employed thereon. Rates for canning and label
ing must yield the prescribed time rates for all adults employed at
such work.
Being essentially a woman’s industry, there is no question in the
canning industry, as there is in some others, o f the displacement o f
women by men, or o f the forcing of women out by fixing too high a
rate, nor is there room for any large measure o f anxiety on the point
o f competition, since the products o f the State are in such demand
as to guarantee a market unless unreasonable standards should be
adopted. In revising the order in 1920, therefore, it was possible
to take cognizance o f the continuing demand for labor and the in
crease in costs o f living, as well as to apply accumulated knowledge
o f conditions to other products and to other phases o f the work.
This order is reproduced in full on pages 282 to 286.
It may be observed that the cost of living was fixed at $16 per week,
and the hourly time rate at 33^ cents per hour, the latter being more
than double the sum announced in 1916.
The following-table shows the different rates and the products
considered in the various orders from 1916 to 1920:
RATES PER 100 POUNDS FOR THE PR EPAR ATIO N OF FRUITS A N D
PRESCRIBED B Y THE ORDERS OF 1916 TO 1920.
Product.
1916
1917
1918
VEGETABLES
1919
SO. 225
$0.25
SO. 35
Apricots.................................................................................
$0.47
.375
.375
.50
Pears......................................................................................
.55
.225
Peaches, cling.......................................... ........................
.225
.275
.31
Peaches, freestone..............................................................
.125
. 125
.175
.20
.13
.22
.175
Asparagus. . . . . . . . . ...... ......................................................
.125
.16
.65
Cherries - ..........................................................................
.65
Muscat grapes......................................................................
Hand-peeling peaches.........................................................
.50
String beans.........................................................................
Thompson seedless grapes...............................................
.03
.03
.045
.045
Tomatoes, 12 quarts...........................................................
1920
$0.50
.62
. 38
.22
.22
.18
.75
.75
.50
1.50
1.00
.056
M E R C A N T IL E E ST A B L ISH M E N T S .
The second order applied to women and minors in mercantile
establishments. This had been the subject of the first investigation
made by the commission, tabulations covering 192 establishments in
the principal cities o f California having been presented in the first
biennial report. This investigation was made in 1914, and covered
12,166 females, o f whom 10,795 were adults and 1,371 minors, i, e.,
CALIFORNIA.
71
under 18 years of age. Boys under 18 years of age were employed
in these establishments to the number o f 475, but their wages were
not presented in this first report.
Rates differed somewhat between the cities, San Francisco showing
18.5 per cent o f the adults receiving less than $8 per week, while in
Los Angeles but 13.9 per cent were in this class. In the former city
44.8 per cent were paid less than $10 per week, while in Los Angeles
the proportion was 42.4 per cent. In Oakland the- number of those re
ceiving less than $10 per week was larger, amounting to 55.4 per
cent of the total, while in Sacramento 65.5 per cent received under
$10 per week. Two different groups of saleswomen were disclosed
by the investigation, one of which may be described as that of the
average low-priced saleswomen, while the other is made up of the
experienced saleswomen of better ability. The wages of the first
group ranged between $8 and $9.95 per week, while the second class
received $12 and over. This second class comprised 30.2 per cent of
the adult saleswomen in San Francisco, 40.4 per cent in Los Angeles,
24.6 per cent in Oakland, and 26.4 per cent in Sacramento. In each
of these cities except Oakland there was a small number o f workers
receiving less than $4, and a number receiving less than $6 , ranging
from 1.3 per cent in Oakland to 16.2 per cent in Sacramento.
Mercantile employment differs widely from employment in the
canneries, primarily perhaps in regard to regularity. Certain de
partments, and particularly in the workroom, have dull seasons, but
on the average the employment was found to be the most regular o f
any o f the six industries investigated during the early years of the
act. This leads to a different class of employees, since cannery work
ers are frequently employed at no work outside of their homes ex
cept during the few weeks or months of activity in this line, while
mercantile employment affords an opportunity at least for a real
vocation and dependable support.
The fixing of a rate for mercantile establishments was deferred
until action by the Supreme Court on the Oregon State law dis
pelled uncertainty as to the constitutionality of this type of legisla
tion, Following this decision, and believing that the the investiga
tion made in 1914 showed the need of a wage ruling, steps were taken
in March, 1917, for the organization o f a wage board. As early as
April, 1916, the commission had a conference with the California Re
tail Dry Goods Association, following which this association ap
pointed an advisory board to represent it at the conferences with the
commission. A committee of this same association had already be
gun a study o f certain questions relating to wages, a report being
imade in February, 1917. This committee made no definite suggestion
[is to a standard cost of living, saying that if a girl was receiving $8
; per week she managed to live on it and if she received $10 or $12
her standard of living increased. It was recommended that there
should be no difference made between city and country stores, but that
some control and limitation o f apprenticeship should be undertaken.
A campaign among the employees was also conducted, addresses be
ing made by representatives o f the State welfare commission in the
leading establishments in the larger cities, explaining the nature of
the work, its purposes, and the necessity of the woman employees
choosing their own representatives. A circular was then prepared,
addressed to woman employees in the mercantile industry fixing the^
72
OPERATION OF TH E LAW S.
method o f the selection of representatives, and limiting the choice to
persons who had had at least two years’ experience in the industry
and who were not buyers, heads of departments, or office employees.
A secret ballot was directed, in which all woman employees were
asked to take part. The principal stores of San Francisco and Los
Angeles were represented in the preliminary conference, and on May
16 a selection was made from the number elected to form, together
with employer representatives nominated by the California Retail
Dr}^ Goods Association, a wage board. The board was made up of
four representatives from each group, with a representative of the
commission as chairman. This board convened on the 22 d of May
and continued in session to the 24th. The example of the wage board
in the canning industry in presenting a unanimous report was cited
to this board, but it was not followed.
The action o f the employers’ committee was set forth in a report
made by them to the association which they represented. This re
port enumerated the representatives of the two groups, and spoke of
the estimates as to a minimum proper cost of living submitted by the
employees, one reaching as high as $13.85 per week. Estimates in
the hands of the employers’ representatives had been obtained from
employees “ who were dependent upon their wages for support, which
we submitted informally but did not put in evidence. These esti
mates ranged all the way from $7 to about $10.50. We had a dozen
of such estimates.” The employees and employers each offered a
resolution setting forth their points of view, which were identical
as to the significance to be given to the term “ minimum wage ”—
that it should not be a standard or average wage, “ but the lowest
rate o f wages that shall be permitted to be paid to the workers pos
sessing the least skill and experience in the class to which they
belong.” Each party submitted rates for learners entering employ
ment under 17, between 17 and 18, and over 18 years of age; the em
ployers 5 schedule divided the last group by separating those under
from those over 2 1 . The two parties were agreed with reference to
those entering service under 17 both as to rates and to periods for
advancement. For those entering at the age of 17 the employees’
rates were 50 cents per week higher for the first, second, and third
six months’ periods, and $1 higher for the fourth period. For those
entering employment at 18 and over the employees proposed a rate
of $8 per week for the first six months and $9 for the second six
months, after which a $10 minimum should be paid. The employers’
weekly rates for those between 18 and 21 were $7 for the first six
months, $7.50 for the second six months, and $8 for the third six
months, after which a $9 minimum would be paid. For women over
21 the first six months should be compensated at the rate of $8 per
week and the second at $8.50.
The parties remaining irreconcilable as to terms, the final respon
sibility rested entirely with the commission. The employers sub
mitted an argument against a minimum wage o f over $9 per week,
claiming that it would “ scale down the efficiency o f many average
workers to the level of the least competent, and would have a tend
ency to make a standard wage rather than a minimum.” A rate
above $9 would also interfere with' voluntary concessions by em
ployers, and lead to the discharge of less competent native workers
CALIFORNIA.
73
to give way for experienced and efficient women who would come
from other States where wages are lower. Therefore, “ the fixing of
a minimum wage of over $9 in this State would tend to discourage
minimum-wage legislation in other States” ; it would also tend to
establish a similar rate in manufacturing industries, thus discour
aging industrial development and limiting employment in Cali
fornia.
Following this conference a public hearing was held June 15, 1917,
and on July 6 the commission issued its order No. 5 applying to mer
cantile employments. This established a weekly wage of $ 10 , or
$43.33 per month for experienced women. Learners entering em
ployment under the age of 18 years should be paid $6 per week for
the first six months, with advances of 50 cents per week at the end
of each six months’ period until $8 should be reached at the end o f
the fifth six months, or when 18 years of age. Learners aged between
18 and 20 should receive $8 per week, with advances o f 50 cents per
week until the minimum rate should be attained. For those over 20
years of age the beginning rate was the same, but the learning period
was limited to 18 months, after which the standard minimum should
be paid. A rate of $1.67 per day for adults and $1.25 for minors
when working less than 6 days per week was established. Provision
was made for licenses for women physically disabled, the commission
to fix a special minimum for such women.
The effect of this order was closely observed by means of pay rolls
covering the first one or two weeks of A pril before the order became
operative and for the first one or two iveeks of September after the
order became effective. Figures obtained from the same establish
ments in 1914 were also used as a basis of comparison.
Inasmuch as the lowest entrance wage permitted by the order is $6 ,
none of a group of 604 employees receiving less than $6 in April
appeared on the September report. “ The lowest wage groups were
eliminated by this restriction.” The order limited the number of
learners to 25 per cent of the total number o f women and minors
employed. This served to reduce the number of workers who could
receive $6 and less than $10 per week to 25 per cent of the total. A
few establishments exceeded their allowance as shown by the Septem
ber report, but no city showed as much as 25 per cent receiving under
$10 except Sacramento. “ For the State, the per cent receiving under
$10 decreased from 51 in 1914 to 44 in April, 1917, and to 20 in Sep
tember.” For the three years from 1914 to April, 1917, the number
of employees receiving less than $10 per week decreased in San Fran
cisco by 11.4 per cent, while in the five months from April to Sep
tember there was a decrease o f 16.1 per cent. The differences were
more marked in the other principal cities, the decrease in Los Angeles
for three years being 3.8 per cent, and for 5 months following, 22.6
per cent; in San Diego, 4.4 per cent for the first period and 26.9
per cent for the second; in Oakland 7.1 per cent and 26.4 per cent;
and in Sacramento 4.1 per cent and 38.2 per cent, respectively. This
clearly demonstrated that it was not the effect of general tendencies
in the industrial world, but rather the force of the order determining
a minimum wage. Taking all cities together, the decrease during
these five months in the total number o f persons receiving under $10
per week amounted to 19.6 per cent.
74
OPERATION OF TH E LAW S.
Separate records were kept of the effects of the commission’s rates
on the 5, 10 , and 15 cent stores. In 1914, 95 per cent of their em
ployees received less than $10 per week; in April, 1917, 91 per cent;
while in September the number was reduced to the required 25 per
cent. In 1914, 70 per cent received less than $6 ; in April, 1917, 43
per cent still received this low rate, and 73 per cent earned less than
$7. In September none received less than $6 and only 8 per cent
received less than $7; whereas 75 per cent received $10 or over.
That there was no reduction from the higher salaries is shown by
the fact that in 1914, but 3.6 per cent of the workers received $11 or
more, whereas in April, 1917, the percentage was 5.9, and in Sep
tember, 10.3.
Summing up the effects of the order as they were demonstrated
during the first year of its existence the commission made the follow
ing statement:
1 . That no establishment was forced out o f existence by the order.
2 . That the number of employees was not decreased, but increased
10 per cent.
3. That the minimum wage does not become the standard. In
California it did raise the wage representing the largest number of
employees from the $9 to the $10 group.
4. That the minimum wage does not become the maximum, for the
number in the high-pay groups increased.
This order was revised and issued in an amended form on the 22 d
o f April, 1919, when the minimum weekly rate for experienced
workers was advanced to $13.50 per week, or $58.50 per month. The
entrance wage for learners was fixed at $8 per week, with a threeyear apprenticeship for those beginning work under 18 years of age,
advances being made each six months, the first and second o f 50
cents per week, the third, fourth, and fifth o f $1 per week, and there
after not less than the minimum wage. For adults 18 or 19 years o f
age the entrance rate was fixed at $9 per week with a two years’
learning period, advances being in the amount o f $1 at the end o f
the 6 months’ period. Those over 20 years of age were to enter at
$10 per week and to be advanced to the minimum after 18 months,
increases being in the order of $1 per week at the end of the first
and second 6 months’ period. The number of female learners per
mitted was increased to one-third of the total number o f females
employed, the same proportion of male learners to males employed
being permitted. Other details o f the order were changed, resem
bling the subsequent provision made during the year 1920 which,
however, contains a number of additional provisions. This latest
order is reproduced in full on pages 286 to 289.
F I S H CANNING-.
Order No. 6 was issued on the 10 th day o f November, 1917, and
applied to women and minors in the fish-canning industry. This
employment involved great irregularity of work, depending upon
seasonal and other conditions. The first order was relatively brief,
fixing a $10 rate for women and minors employed for a week o f
48 hours, or 25 cents per hour for a shorter period. No provision
for learners was made, though substandard workers might be em
ployed on the procuring o f a license therefor, W ork in excess of
CALIFORNIA.
75
eight hours was to be compensated at one and one-fourth times the
regular wage, and work 011 more than six days per week at one and
one-half times the regular rate. There were also provisions as to
records, reports, etc.
A public hearing was held December 6 , 1918, to consider a re
vision o f this order on the basis of the year’s experience, but the
amended order was not issued until June 2 1 , 1919. At this time the
minimum wage necessary to meet the cost of proper living was de
clared to be $13.50 per week, or 28 cents per hour. I f a full week’s
work was not furnished, except during the weeks on which certain
holidays occurred, the employer was required to pay not less than
a minimum wage of $13.50, or to pay 32J cents per hour for the
number of hours worked.
A difficulty that had led to the public hearing in December was
the “ utter disregard o f the present order ” in respect to the work
time. There was also a large amount of night work, which had not
been touched upon in the original order. The order o f 1919 required
one and one-fourth times the regular pay for work in excess of 48
hours per week or 8 hours per day; but after 12 hours’ work in any
24, the pay was to be double the standard minimum. A weekly day
o f rest was prescribed, and any work performed thereon must be
paid for at not less than the rate of time and a quarter for the first
8 hours and twice this amount thereafter. W ork between 10 p. m.
and 6 a. m. was forbidden for minors, while women employed be
tween these hours were to be paid at a rate of not less than 35 cents
per hour.
A second revision of this order was made in 1920, which appears
on pages 289 to 291. This adopts the $16 standard fixed by the com
mission for the year, and establishes a learning time of four weeks,
with advances each week.
LAUNDRY INDUSTRY.
The laundry industry was the second studied by the welfare com
mission in 1914. Its investigation covered all steam laundries in the
five principal cities, a total of 81 establishments employing 3,954
women. O f these 3,765 were adults and 189 were under 18 years o f
age. In 15 dyeing and cleaning establishments studied at the same
time there were 522 adult women and 16 minors.
It was found that the wages paid were largely determined by the
fact o f organization. Laundry organizations existed in San Fran
cisco, Oakland, and Sacramento, while in Los Angeles and San
Diego there were none. Contrary to the usual opinion that laundry
industries are difficult to organize, it was found that not a single
steam laundry in San Francisco was outside of the union agreement.
The weekly rate fixed by this agreement for apprentices was $7,
payable only in the shaking room for a period of two weeks, after
which an $8 rate was prescribed. Mangle girls received $8.50 and
all folders $9. Other classes of workers received $ 10 , $10.50, $11.50,
and $13.50 per week, markers and distributors being paid from $18
to $22.50. The prescribed rates were minimum for the grade, and
exceptional workers were usually able to obtain more, though a few
laundries had a rule not to pay beyond the union rate.
Comparing the two prinicpal cities, in San Francisco with 1,073
adults employed, 1,4 per cent received under $8 per week, 32.6 per
76
OPERATION OF THE LAW S.
cent under $9 per week, and 53.2 per cent under $1 0 ; in Los Angeles,
o f 1,813 adults employed, 45.5 per cent received under $8, 60.4 per
cent under $9, and 76.1 per cent under $10.
The effect o f organization is also apparent in the matter of regu
larity of work. The unions do not permit the employment of parttime workers, and if lay-offs occur during the week a full week’s pay
must be given. In nonunion cities, before the eight-hour law took
effect, the bulk o f the work was done by running long hours on Tues
day, Wednesday, and Thursday. With this law in effect, the work
is necessarily spread over a longer period, but is generally so man
aged that considerable fluctuations continue, and in most of the
laundries in Los Angeles and San Diego women were docked for
every hour or half hour not worked. Sanitary conditions varied
considerably, as well as mechanical equipment and safeguards.
As the foregoing investigation had developed the fact that almost
60 per cent of the women were working for less than $10 per week,
it was decided that a minimum-wage ruling was needed, and that
working conditions also required attention. The same methods were
pursued as in the mercantile industry, the Laundry Owners5 Associa
tion being requested on A pril 19, 1917, to appoint an advisory com
mittee ; nine employers, representing five cities, were accordingly ap
pointed by the president of the association. Employees’ representa
tives were obtained by election, at least one year’s experience being
required of eligibles. Workers in Los Angeles elected eight repre
sentatives, while the Laundry Workers’ Union o f San Francisco
elected five. The commission met with the advisory committee of the
employees on October 2 and with that of the employers on October
17. A second meeting with the employees took place October 22 .
On October 17 the commission took the necessary action for the
organization o f a wage board which was selected from the advisory
committees of employers and employees. “ Care was exercised not to
choose a representative o f the employers and the employees from the
same establishment, insuring freer discussion and distributed repre
sentation.”^
The first meeting o f the board was held on October 23, the sessions
continuing for three days. On the first day the morning session was
spent in a preliminary discussion of wages, rates, and the piecework
system. In the afternoon session each party submitted recommenda
tions, the employers asking for a rate of $9 and the workers for a
minimum o f $10 per week. A two years’ apprenticeship was recom
mended by the employers as against a six months’ period proposed
by the employees. The employers’ entrance rate was $7 with an
advance of 50 cents per week at the end of each six months, and
they asked that no limit should be placed upon the number o f ap
prentices. The employees proposed that a rate o f $8 per week
be paid for the first four weeks and $9 per week for not more than
five months thereafter, following which the $10 minimum should
prevail; a 20 per cent limitation was recommended for learners,
with the right reserved to the commission to issue permits for larger
percentages in case an actual emergency should be shown.
The discussion turned upon the use of war-time rates as a basis
for the cost-of-living schedule, the employers objecting, and the
women contending that they were actually subject to the present ne
CALIFORNIA.
77
cessities so that former wage standards were not adequate. The time
of apprenticeship was also considered.
Sanitary conditions wxre discussed exclusively at- the morning
session of the 24th, and an adjournment taken to the following day.
When the board convened, after considerable discussion, an employer
representative proposed a concession as to the term o f apprenticeship,
suggesting one year with an entrance rate of $7 per wTeek for three
months, $7.50 for three months, and $8 for the remainder of the
year. This the workers declined, and it was offered to make a $7
rate for the first three months, $8 for the next three months, and $9
for the rest of the year.
Laying the subject aside temporarily, the great labor turnover
then prevalent was submitted as a reason for permitting at least a
25 per cent allowance for learners. To this the workers acceded
after some discussion, the commission being given power to allow a
larger number, “ where an actual emergency exists within the period
of the war.” This was agreed to. It was then decided that the drycleaning industry could easily adapt itself to rates that the commis
sion might make, since its workers were chiefly skilled employees.
The afternoon session opened wTith an offer on the part of the em
ployers to accept a minimum o f $9.50 per week, payable after one
year’s experience, this provision being offered only if the women
should agree to the $7 entrance rate for the first three months. This
the employees felt they could not consider under any conditions.
The employers then proposed $8 per wTeek to start with, and to be
paid for 6 months, then $9 for 6 months, after which the minimum
would be $9.50. A southern employer regarded this as too great a
concession, but acceptable if the women would consider it. The
women stood out for a $10 minimum, even though it involved a longer
apprenticeship, but one said “ That she could not possibly stand for
more than one year’s apprenticeship.” The impossibility of agree
ment becoming apparent, the parties expressed their mutual good
will, firmly believing that the commission would act justly, and the
board adjourned.
The commission promptly announced a public hearing for Novem
ber 2 , 1917, when opportunity was given to discuss freely all the
questions involved. On November 14 an order was issued, becoming
order No. 7, applicable to the laundry and dry-cleaning industries.
A minimum rate of $10 per week for experienced workers was fixed,
15 months’ employment to constitute the learning time. The rate
for the first 6 months was $8 per week, $9 for the second 6 months,
and $9.50 for the following 3 months. All learners must be reg
istered, their number not to exceed 25 per cent of the total number
of females employed unless by special permission in emergencies
arising during the war. The 8-hour day and 48-hour week were
prescribed, and the usual provision was made for licensing physically
disabled workers, and for the keeping of records and the making o f
reports. This order came into effect early in January, 1918, and uni
form reports were asked for as to rates, work time, and earnings of
women and minors during the week ending October 6 , 1917, and the
week ending January 19, 1918. As a further check, a study was made
of identical establishments .in San Francisco, Oakland, and Los
Angeles for the two periods. It may be noted that there was no
78
OPERATION OF TH E LAW S.
difference between the rates of minors and women in this order; the
special permission to increase the number of learners during the Avar
was never used and was revoked upon the declaration of the armistice.
The use o f special licenses was quite restricted, none being issued at
any time for a wage lower than $7.50, the rate being afterwards
raised to $ 8.
The January report showed 9 people working for less than $6 ,
though the October report showed 293 so working, but as the order
permitted no such rate the commission secured an immediate correc
tion in this respect. There were other instances of delayed compliance
with the minimum standards, but the January report showed but
22 per cent receiving under $10 per week, though the number in
October was 56 per cent; there was a further decrease to 11 per cent
by November, 1918. In 1914, 64 per cent of the workers had received
less than $ 1 0 ; there was, therefore, a drop of but 8 per cent in three
years as against one of 34 per cent in three months intervening be
tween the meeting of the wage board and the actual coming into
effect o f the order. The southern cities were required to make the
greatest change, nearly 71 per cent o f the workers there receiving a
rate less than $10 in October, 1917. These cities did not obtain an
Immediate reduction to 25 per cent, as required by the order, but
inspection and follow-up letters accomplished this end within 2
months, the November pay roll showing but 21 per cent in Los Ange
les and 16 per cent in San Diego.
Licenses to substandard workers involved a considerable element
o f uncertainty until the test o f experience showed what the situation
required. The record in December, 1918, showed 129 permits in force,
o f which 12 1 were in Los Angeles. However, but 20 of these were
granted to regular laundry employees, the remainder being for service
in the branch laundry offices scattered throughout the city. No license
was granted except on a signed statement of a licensed physician
that the applicant was not o f normal capacity for work on account
either o f age or o f physical disability.
Comparing conditions in October, 1917, with those prevailing in
January, 1918, immediately following the establishment o f the order,
it appears that at the first date 16.9 per cent o f the women employed
in 270 establishments received under $7 per week, 28 per cent under
$8, 41.7 per cent under $9, and 62.1 per cent under $ 10 . In January,
1918, there were still 10.4 per cent o f the workers receiving under
$7 and 16.8 per cent under $8, though the order prescribed an $8
minimum for learners. However, there were but 28 per cent under
$9 and 42.8 per cent under $ 10 . Those receiving $10 or over in
October, 1917, comprised but 37.9 per cent of the total, while in
January, 1918, there were 57.2 per cent o f the 7,097 workers employed
in the industries reported at a rate of $10 or more. Not only were
the lower wage groups practically eliminated at the very incipiency
o f the order, but the percentage of the workers employed in each
o f the higher wage groups ($10 and above) was increased, thus
demonstrating again that the minimum does not become the maxi
mum, nor were the higher-paid employees reduced in order to pro
tect the wage fund. The commission also found that no establish
ment had been forced out o f existence by the order, nor did the
employees lose their positions because of it.
79
CALIFORNIA.
This order was amended on May 2 1 , 1919, following a public hear
ing held December 6 , 1918, the new order bearing the same number
as its predecessor in this industry. The rate for experienced work
ers was fixed at $13.50 per week or $58.50 per month, except in the
case of licensed infirm workers, and a full week’s pay was required
for each week o f employment, unless a holiday occurred therein, or
in lieu thereof payment at the rate of 32^ cents per hour for the
number o f hours worked.
The learning time was reduced from 15 months to 6 months. The
entrance rate was $10 a week for the first three months and $12 for
the second three months, with the regular minimum thereafter.
Hourly rates were prescribed where there was not a full week’s em
ployment, 25 cents per hour being the rate for the first three months
and 30 cents for the second.
This order was in its turn superseded by the revision of June 1,
1920, which is reproduced in full on pages 291 to 293,
F K U IT A N D
VEGETABLE
P A C K IN G
IN D U S T R Y .
Next in the order o f time the commission promulgated rates for
women and minors engaged in “ the packing but not the canning of
all fruits and vegetables.” This is order No. 8, and was issued
March 9, 1918. No board appears to have been organized for the
consideration of this industry, but a public hearing was had on
October 29, 1917. The order fixed a weekly rate of $10 for experi
enced workers and $8 for those without experience, this rate being
payable for but three weeks in the branch in which employed; after
this time workers were to be considered experienced. This rate
corresponds to the rate in fish canning, issued a little earlier, and
slightly exceeds the rate for canneries for the same year (20 cents
per hour equals $9.60 per week).
The order applied to workers in citrus fruits, deciduous fruits
and grapes, vegetables, dried fruit, including layer raisins, seeded
raisins, olives, and pickles. Its scope o f operations was rendered
somewhat complicated by the fact that some of the branches of
work covered by it were carried on in establishments in which can
ning was also done. The hours o f labor for preserving, as such, are
limited to 8, while for canning there is possibility of the longer
hours. A public hearing held March 28, 1917, considered the pick
ling, preserving, and olive industries, which were placed under the
order of the following March (No. 8 ).
In accordance with the practice of the commission, in its effort
to keep step with changing industrial conditions, this order was
amended the next year (June 21,1919) and the weekly rate advanced
to $13.50, or $58.50 per month, or 28 cents per hour for experienced
women or minors. Adult women without experience were to receive
2 1 cents per hour and inexperienced minors o f either sex 18 cents.
The learning period was reduced from three weeks to two. W ork
in Excess of 8 hours called for a rate of 35 cents per hour and
after 12 hours, 56 cents. W ork on a day o f rest was to be compen
sated at the rate of 35 cents per hour for the first 8 hours, and 70
cents thereafter.
This order was again revised May 25, 1920, the text appearing in
full on pages 293 to 296.
OPERATION OF THE LAW S.
80
G ENER AL
AND
PR O FESSIO NAL
OFFICES.
On the same day (Oct. 29, 1917) on which the commission held
public hearings in regard to fruit and vegetable packing, it also heard
those interested in the matter o f the employment of women and
minors in general and professional offices and in unskilled and un
classified occupations. The order as to office employees was issued
May 3, 1918, and established a rate for experienced workers of not
less than $10 per week or $43.33 per month. Experienced adults were
to be paid not less than $8 for the first six months, $9 for the second
six months, and the standard minimum thereafter. Learners begin
ning work under 18 years o f age received $7 per week for the first
six months, with two semiannual increases of $1 per week, making an
18 months’ learning period. The number of female learners was;
limited to 25 per cent of the total number of women employed. The
hours o f labor for these employees were regulated by statute and
were not referred to in the order; however, 24 consecutive hours o f
rest in every seven consecutive days were prescribed by the order.
Office workers in mercantile establishments are included under order
No. 5.
The foregoing order was revised June 2 1 , 1919, the rate being
advanced to $13.50 per week, following a hearing held on December 6 ,
1918. The term o f apprenticeship was reduced by one-half, learners
under 18 receiving an entrance wage of $9 per week for the first
three months, $10 for the second, $12 for the third, and thereafter the
standard minimum. Adult learners started at $10 per week, were
promoted to $12 after three months, and to $13.50 at the end o f the
second three months’ period. The number of female learners per
mitted in any establishment was increased to 33| per cent o f the total
number o f females employed.
A rate was made for part-time Avorkers, not less than $2.25 per day
or not less than 35 cents per hour if less than six hours per day are
worked. The customary provision for substandard workers is found,
as in all other orders. Hours of labor are restricted to 8 per day and
48 per week; also, night work is forbidden. These limitations are
absolute, no provision being made for overtime work. A revision
o f this order made June 1 , 1920, appears on pages 296 to 298.
U N SK IL L E D AN D U N C L A SSIF IE D OCCUPATIONS.
Order No. 10 , applying to women and minors employed in un
skilled and unclassified occupations, was issued on the same day as
the original order No. 9, being based on a public hearing held on
the same day as for the foregoing. This is a sort o f blanket order
covering workers not classified under the groups specifically pro
vided for in other orders, such as ushers, attendants at bathhouses,
nut gatherers, ragpickers, attendants at photograph galleries, etc.
Experienced adults were to receive at least $9.60 for a 48-hour week,
or 20 cents per hour. Employment in the occupation for three weeks
constitutes one an experienced worker. During the learning time a
rate o f $7.50 per week, or 16 cents per hour, is to be p aid; this is also
the minimum rate of either sex under the age of 18 years. No refer
ence is made to experience in connection with minor employees. No
provision is made for overtime work at any rate.
CALIFORNIA.
81
Following a hearing held December 6 , 1918, order No. 10 was
amended and reissued on June 2 1 , 1919. The minimum rate for
experienced adults was advanced to $13.50 per week, or $58.50 per
month, or 28 cents per hour. Experienced minors were to receive not
less than $10 per week, or $43.33 per month, or 21 cents per hour.
The three weeks’ learning time was retained, the entrance rate for
minors being $8 per week and for adults $ 10 .
The text o f the 1920 revision o f this order appears on pages 298
to 300.
M A N U F A C T U R IN G IN D U ST R Y .
An investigation of various lines of manufacturing was begun
early in the history of the commission. Various reasons combined
for delaying the issue of an order in this field, prominent among
them being its wide variety, presenting different conditions as to
learning or apprenticeship, and also the fact that the manufactured
products of California must meet the competition of other States
in which no minimum wage is prescribed. The investigation con
ducted in 1914 covered a considerable range of subjects, and confer
ences were held with employers in the principal cities with regard to
some o f the more important industries in which women are employed.
Summaries were made by industries, that of candy and biscuit
manufacturing showing that of 926 adults employed therein, 42.4
per cent received under $8 and 71.8 per cent under $10 per week.
The 1,012 women employed in the preparation of food and drugs
were better paid, but 19.4 per cent received less than $8 and 45.7
per cent under $10 per week. Printing and bookbinding paid still
higher, only 14.7 per cent of the 631 women employed therein re
ceiving under $8 and 41.6 per cent less than $10 per week. The
manufacture o f paper boxes is more- poorly compensated, 59.4 per cent
of the 342 adult women employed receiving under $8, and 81 per cent
under $10 per week. There were 386 women engaged in the manu
facture o f cigars and cigarettes, and of these 42.1 per cent received
under $8 and 62.7 per cent under $10 per week. In the manufacture
of knit goods, 44.8 per cent of the 259 adult women employed re
ceived under $8, and 69.2 per cent under $10 per week.
A special study of the garment trades was made in 1915. It de
veloped that there was direct competition in many lines with manu
facturers in the East and Middle West holding prison contracts.
It was also found that for the greater part of the material used
freight rates from New York were to be added to other costs. The
difference between the rates on finished garments and those on raw
material afforded a measure of protection to the local manufacturer.
Unregulated wage rates in other States rendered possible the employ
ment o f labor for a much less sum than was regarded necessary in
California, though “ the total manufacturing costs did not vary in
the same degree.” In spite of the geographical situation and the
other factors enumerated, the garment industry of California has
undergone a fairly steady and continuous growth, Los Angeles tend
ing to become an important center for this industry. It is reported
to have been at the time of investigation (November, 1919) “ one
of the most completely organized industries employing women in
California.” The shirt and overall trade was about 60 per cent or37559°— 21------- 6
OPERATION OF T H E LAW S.
ganized, and it was a feeling of fear, apparently sincere on the part
o f the women, that the enforcement o f a minimum wage would
interfere with their employment, that led the commission to give
to this occupation the most “ complete and authoritative investigation
made o f any industry thus far undertaken.5]
As elsewhere, the piece-rate system prevails in the manufacture of
shirts and overalls. O f the 1,781 women employed in California,
seven-eighths were paid in this way, mostly machine operators.
Supervisory and inspecting positions, pressing and boxing, and the
like were usually, but not always, paid on a time basis.
In the union shops, o f course, the rates were those that had been
agreed upon or fixed by union officials. Operators perform a single
part o f the work in the manufacture of an article, the rates being so
adjusted as to attempt to secure equitable payment for the different
classes o f work. Employers usually answered inquiries by saying;
that the average operator in their factories ought to earn about
25 cents per hour, the lowest sum stated being 20 cents. The investi
gation showed that it was very difficult to pass upon earnings o f
pieceworkers as a whole,, the different processes calling for separate
consideration. In some the conditions were uniformly such that
operators could earn well above 20 cents per hour, in others nearly
all could do so, while in still others it was only a minority o f the
workers who earned this amount. Some complaint was made by the
operators o f frequent changes o f work,, so that they could not attain
speed and quantity o f production.
An inquiry as to. learners showed that in the making o f shirts 41
girls averaged a little more than 9 cents per hour during the first
two weeks, their earnings increasing until they reached 14 cents
during the eighteenth week. “ From that time on there were numer
ous dips in the curve, occasioned by transferring the girls about from
part to part. The 20 cents an hour level was not reached until the
forty-second week.n Workers on overalls began as low as 6.7 cents
per hour, the earnings doubling at the sixth week, and advancing
gradually until a rate o f 19.8 cents was reached in the thirty-second
week.
In the manufacture o f men’s ready-made and custom-made cloth
ing there was a smaller number o f workers employed, the report being
made for 344 in the three cities o f San Francisco, Oakland, and Los
Angeles. O f these 26.2 per cent earned less than $6 per week, this
being the largest wage group r practically equaling the number in the
two groups receiving from $8 to $9 and from $9 to $10; 71.4 per cent
earned less than $10 per week.
There was a marked difference between women employed in in
side shops, i. e., by the manufacturers themselves, and those employed
in outside shops by contractors making up garments for the nominal
manufacturers. Thus in inside shops 18.9 per cent o f the women
earned less than $6 per week, while in outside shops the number was
35.3 per cent o f the total. Those earning less than $10 comprised
63.4 per cent o f the workers in inside shops and 81.7 per cent in out
side shops. These are not the weekly averages for the year, but only
for the period o f employment.. In outside shops the 153 women
tabulated averaged but 16.5 weeks o f employment during the year; in
the inside shops 191 women averaged 32.6 weeks. Only a quarter
were employed for practically the whole year.
CALIFORNIA.
83
It is evident that not only were the rates too low to sustain the
workers during the period of their actual employment, but there was
su^h great irregularity that even with a fair weekly rate their yearly
earnings would not be adequate for a year’s support. “ With the
industry varying so much from week to week as well as from season
to season the women even partially dependent upon this work for a
living must be in a constant state o f uncertainty.”
As already indicated, the manufacturing order must be o f wide
adaptability, by reason of the great variety o f industries affected.
However, assuming that the time for learners must not be too pro
tracted in any case, especially for adults normally self-supporting,
and that workers in all industries are compelled to meet practically
the same cost o f living, a general order was promulgated on the 2 d
of November, 1918, to be effective in 60 days, being I. W. C. order
No. 1 1 . This step was taken following a public hearing held May
27, 1917, the wide diversity of interests being regarded as making
the formation of a wage board undesirable. The standard o f a $10
weekly wage was adopted for experienced workers, this rate being
required after 6 months’ employment in the case o f adults and after
9 months in the case of minor workers. Those entering employment
at the age of 18 or over were to receive at least $8 per week for the
first 3 months and $9 per week for the second half of the learning
period. Younger entrants received $7.50 per week for the first 3
months and then followed the same schedule as adult learners. I f
the output of a minor equals that o f an adult, equal pay must be
given. I f the employment was not for the full 48 hours of a week,
higher hourly rates were established, the amounts for learners being
20 cents, 21 cents, and 23 cents per hour for the quarterly periods,
respectively. Experienced workers not employed for the full week
must be paid at the rate of not less than 25 cents per hour for time
worked.
Home work was regulated by requiring permits to be procured and
records kept o f the workers. The rates paid for such work must be
such that they will yield to 75 per cent of the women employed not
less than 21 cents per hour.
On January 27, 1919, following the general hearing o f December
6 , 1918, this order was amended and a rate of $13.50 per week was
established. I f a full week’s work was not supplied, unless there was
a holiday during the week, a full wage must be paid, or at the rate
o f 32^ cents per hour for the time worked. Full-time factory work
ers were forbidden to take work home. Minor learners were to re
ceive not less than $9 per week for the first 3 months and $10.50 and
$12 for the succeeding quarters. Adult beginners received $10 for
the first 3 months and $12 for the second; hourly rates were also pro
vided for learners where less than a full week’s work was given. Pro
vision was made for part-time workers, and a special schedule run
ning through two seasons was arranged for millinery apprentices, the
pay during the first 4 weeks to be $6 , the second 4 weeks $7, and the
third 4 weeks $8 per week. During the second season the rates pre
scribed for similar periods were $ 10 , $ 1 1 , and $12 , respectively.
“ Learners’ permits will be withheld by the commission where
there is evidence o f attempted evasion o f the law by firms which
84
OPERATION OF TH E LAW S.
make a practice of dismissing learners when they reach their pro
motional periods.”
A revision o f this order in July, 1920, is reproduced on pages 300
to 303.
HOTELS AN D R E ST A U R A N T S ,
The employment of minors and women in hotels and restaurants
was not acted upon until the year 1919, though it was discussed at a
public hearing held May 27, 1918. No wage board was formed in
connection with this class of work. There were representatives of
organizations of hotel employers present, and also of the waitresses’
union; the chambermaids were not organized. This class of work in
volved two factors not previously considered, one, suggested by the
employers, that the cost of room and board would necessarily be
involved in resort hotels, while board is usually given in restaurants
and hotels in cities and towns. The other suggestion came from the
waitresses and related to the extra laundry required for their work.
In some establishments collars, cuffs, and shoulder straps are required
as well as aprons. Shoes and clothing become stained and spoiled,
and frequent washing shortens the life of the clothing.
In fixing the wage scale on the uniform basis adopted that year—
$13.50 per week—the waitresses’ contention was met by a provision
that where an employer requires the wearing o f a uniform or apron
not laundered by the establishment, an additional allowance o f
50 cents per week shall be made. The scale of charges for meals
was fixed at 20 cents for breakfast, 25 cents for lunch, and 30 cents
for dinner, with the provision that these should be bona fide meals.
The charge for a room should not exceed $3 per week. No learning
period was provided for. Part-time workers employed less than
3 hours per day should receive 35 cents per hour; from 3 to 6 hours,
32J cents per hour; and if more than 6 hours, 32^ cents per hour or
the full week’s wage; tips were not to be considered as any part of
the wage. The eight-hour day was prescribed and also a weekly
day o f rest, though this latter provision was not made operative
until 60 days later than the remainder o f the order. Emergency em
ployment on the weekly day o f rest was to be compensated at a rate
o f time and a quarter.
This order was amended in 1920 to conform to the $16 per week
standard, a higher, allowance being made for meals but not for
rooms. A higher allowance was also required to be made for
laundering uniforms or aprons. This order, bearing date o f June
1, 1920, appears in full on pages 303 to 305.
A G R IC U L T U R A L
OCCUPATIONS.
A new field was entered in 1920 when the subject o f agricultural
employment for women and minors was made the subject of action
by the industrial welfare commission. The employments covered
included the cutting and pitting of fruit for drying, for which a
piece rate was established, while agricultural field occupations other
than the foregoing were to be paid on a time basis. A weekly wage
o f $16, or 33J cents per hour, was fixed, and piecework other than
the cutting and pitting of fruit for drying is required to produce a
sum equal to the time rate fixed. The 8-hour day and 48-hour week
CALIFORNIA.
85
were established however, with provisions for emergency overtime
work at higher rates of pay. Sanitary standards are prescribed by
this same order, which is reproduced in full on pages 305 to 307.
These comprise the list of wage orders issued by this commission
up to date. Sanitary order No. 2 relating to sanitation in the fruit
and vegetable canning industry, issued February 14, 1916, was
superseded by an amended order on the same subject, issued April
16, 1917, as No. 4. A sanitary order relating to mercantile establish
ments was issued December 19, 1919, as I. W. C. order No. 13; while
the agricultural order, No. 14, contains provisions regarding the
sanitation of labor camps and other lines o f employment of agri
cultural workers. Though these are within the purview of the Cali
fornia commission, they are not reproduced as not bearing directly
upon the subject of the minimum wage.
EFFECT OF THE LAW .
Some mention has been made of the immediate results following
the establishment of orders in canneries, mercantile establishments,
and laundries. Comparisons of wage rolls would furnish the only
accurate test, and even data thus obtained would have to be read in
the light o f other circumstances that might affect conditions of em
ployment as to supply, turnover, and the ease with which employment
may be procured in other lines. At the date of the field investigation
o f the United States Bureau of Labor Statistics (November, 1919),
the labor supply was becoming somewhat more abundant than during
the preceding year. However, no case was discovered of women being
refused employment on account o f the minimum rate fixed by the
commission for that year ($13.50 per week or a corresponding piece
rate). There was rather frequent expression o f the opinion that the
employment o f younger workers, some fixing the age at 16 and some
even a higher age, was not profitable; so that the conclusion seems
fairly reasonable that the effect o f establishing a minimum rate has
been to diminish the number o f young persons employed. In fact
such is said to be the aim and desire of the commission. However,
the scarcity of workers generally had made it necessary for employers
in some industries and localities to take on younger workers even
though they were not regarded as entirely desirable. The same sit
uation led to the retention o f slow workers, properly classified as sub
standard, without procuring licenses for lower rates. The commis
sion anticipated that for such workers some added provision would
need to be made if the labor supply should become more abundant.
It was felt that the development of a situation of abundant labor
might also tend to bring wages more nearly to the basis fixed by the
commission, though such had not been the case, even with the annual
advances made in the rates.
As to the employment o f excess numbers o f learners to secure cheap
labor, there were some differences o f opinion. Some employers,
otherwise favorable toward the law, felt that the restriction on the
number o f learners was a hardship; while others declined to take
learners at all into their establishments, or regarded the learning
period as expensive and to be avoided if possible. Some felt that
the learning period was inadequate to develop workers who should be
86
OPERATION OF THE LAW S.
classed as experienced, but the commission took the ground that
it was not intended to fix a rate for expert workers, but to provide
a minimum to which workers of ordinary capacity should be entitled,
after a reasonable period o f training. There was considerable d if
ference o f opinion as to whether the gradual advances established
for learners were really effective in holding them in line. However,
a number o f employers were emphatic in the expression o f their opin
ion that the law had in general the effect o f stabilizing and stand
ardizing employment. One large department store went so far as
to say that the effect was to professionalize salesmanship and give
the women a new feeling o f self respect, emphasizing this as “ one
o f the big accomplishments of the law.” This establishment had had
no dismissal or reduction in 12 months on account o f the incapacity
of an employee. Other factors were doubtless involved, as there was
in this establishment a careful study o f occupational ability and the
testing out o f women in various positions until the occupations to
which they were best adapted were found. “ It is our purpose not
to let our girls drift or become bewildered.” A larger establishment
o f the same kind, while regarding the law “ as the only thing to have,”
found a restlessness and discontent among its workers which did not
seem capable o f control. “ The law makes the girls independent,
which may be good for them, but it adds to the troubles o f the
employers.”
No absolute statement can be made, in the nature o f things, but
the great majority of the employers and their representatives inter
viewed in 33 establishments in San Francisco, employing more than
7,000 women, regarded the law as desirable or satisfactory, “ a good
thing 66splendid,” while others accepted it without enthusiasm, say
ing that it had no adverse effect or was lost sight of in the general
industrial situation. Sixteen establishments in Los Angeles, employ
ing about 5,200 women, showed somewhat more variety o f expression,
though here also the majority o f opinions were o f approval. Few
employers in either locality followed the scale for learners, and none
found it either desirable or possible to use the minimum as a max
imum. Few o f the employees seem to have any definite knowledge o f
the law and, indeed, so far as could be inferred from a considerable
number o f inquiries, many had no knowledge at all, though the orders
were required to be posted in various places in the establishment.
Occasional instances were found where an old employee felt that,
while the law was a benefit to beginners, the older girls were placed
at a disadvantage. On the other hand, a large number of employers
spoke o f the necessity o f an adjustment o f the wages o f the higherpaid saleswomen in order to keep them in advance of the new girls
as they attained the minimum. As estimated by the employers, the
law affected either directly or indirectly 24 per cent of 75 employees
in one place, was o f general effect in two, and o f no effect in several;
while in one store employing 275 females the $13.50 rate was said not
to have affected more than 15 persons in the whole store; in another,
10 out o f 75; and in another, 200 out o f 1,350. One confectionery fac
tory had employed at the time o f the coming into effect o f the manu
facturing order a force o f which 62 per cent were classed as learners.
Some were discharged and some were advanced to experienced work
ers’ rates, the statement being made that the law had had a good
CALIFORNIA.
87
effect for the women, the increases of wages paid having extended to
the old employees in the adjustment of the wage scale. A few em
ployers reported some of their workers satisfied with the minimum
wage and unwilling to exert themselves to earn more, or even to
render value received for this amount, which they felt that the em
ployer was obliged by law to pay. Here again the testimony o f other
employers is that the prospective advance held out by the law to those
who are steady stimulates and stabilizes production.
There was some disposition to look forward to a future o f more
abundant labor supply and less demand on the part o f employers^
some anticipating that the law would cause the loss o f opportunity
for employment to some, though that condition had not yet arrived.
In Los Angeles the Walnut Growers’ Association found most of its
workers required advancement to meet the rates fixed by the orderT
and the same was true of the largest department store visited, a large
laundry, and a “ 5 and 10 .” The manager o f the last-mentioned store
reported a wage o f $6 when the old order came in. The girls were
called together and encouraged to make themselves more efficient so
that all could be retained at the higher rate and yet the prices of the
articles held down. The manager gave instructions and cooperation
and reported that none were let out, as 64 all made good.” The same
course was followed when the $*13.50 weekly rate was established,
with like results.
Some feeling was expressed as to interstate competition when
manufacturers in the East and Middle West should be able to catch
mp with production for local demands. A t that time transportation
conditions were adequate barriers against competition. However,
some expressed a desire for a Federal law which would equalize the
situation between the East, and Westr the situation being already
cared for on the coast by the fact that Oregon and Washington have
minimum-wage laws, iso real injury was known to have been caused
to business, and it was pointed out that the very considerable indus
trial growth o f the past few years had occurred under this form o f
legislation.
The attitude of organized labor was one of cooperation, so far as
the women in labor organizations are concerned. The men’s unions
had not yet indorsed the law but had relaxed their opposition, find
ing that their fear that the minimum would become the maximum
had not been realized. Another objection offered to the law by
organized labor was that the law tended to prevent the unionization
o f the workers, since they secured by law the advance in wages that
the unions might promise. It was pointed out by a well-informed
union official, on the other hand* that this was a wrong view to take,
as the idea o f organized labor is one o f constant improvement and
advan ceth at it does not seek to secure for its members a minimum
wage, nor is it interested in the subject o f wages alone. The law
furnishes a ground for organization, since employees are expected
by it to meet employers on wage boards and in conferences,, and should
be organized so as to appear in a representative capacity; they would
thus be more influential and would be safeguarded by the influence
of the organization against any possible adverse attitude on the part
of the employers.
88
OPERATION OF TH E LAW S.
COLORADO.
SKETCH OF THE LAW .
This State is one o f the earlier ones to enact a minimum-wage law,
its first statute on the subject having been approved May 14, 1913.
This act created a wage board of three members, one to be a woman
and one an employer of labor. This board was authorized to investi
gate wages and the cost of living in enumerated industries and, if
found necessary, to fix a minimum wage. No special wage board
was provided for, but public hearings were to be had, after which
obligatory orders were issuable. The usual provisions o f such laws,
as to subpoenaing witnesses, protecting employees against discrimina
tion, and the issuing of licenses to substandard workers, were em
bodied in the act.
Though this act came into effect on August 12 , 1913, the board was
not appointed until March 23, 1914. Delay in organization pre
vented any study of local wage conditions until August 1 of the same
year. The results of this investigation were set forth in the first
report of the board, for the period ending November 30, 1914. On
account o f the brief time intervening between the date of the organ
ization and that of the report, the results as presented are fragmentary
and incomplete. Establishments investigated include department
stores, 5, 10, and 15 cent stores, bakeries, binderies, factories, and
laundries. O f 3,524 employees in the establishments, 26 per cent
received less than $6 per week and 54 per cent less than $8. The
cost o f living was not very thoroughly gone into, but the facts secured
led to the conclusion that “ the cost o f living in Denver is no less than
in any other cities where, after extensive investigation, it has been
found that no woman can secure the necessities of decent living for
less than $8 per week.”
The board recommended certain changes in the law, among them
being a clearer definition o f the powers and duties o f the board and
provision for the organization of a committee or a conference of
persons best informed with regard to the particular industry or
group o f industries under consideration, the public also being rep
resented.
No further action was taken under the law o f 1913, and in 1917
a new law was enacted. This declared the industrial commission of
the State to be a minimum-wage commission, with authority to
make investigation as to the conditions o f labor o f women and
minors, to determine what is a necessary minimum wage, either
directly by its own action or by the establishment o f a wage board
consisting o f representatives of the employers and employees in the
industry and of the public. The commission has power to review
the findings o f the board and approve or disapprove any or all the
determinations or recommit the subject to the same or a new wage
board. I f a recommendation is approved it may be promulgated
as a binding order after a public hearing thereon. Wages of minors
are to be fixed after public hearing without a wage board.
Employees serving on a wage board or giving evidence are pro
tected and the payment o f a lower wage than that fixed by the
commission is a misdemeanor. Balances are recoverable where a
COLORADO.
89
lower rate than the standard has been paid, notwithstanding agree
ments to work at the lower rate.
The sum of $8,000 was appropriated by the original act for two
years’ administration of the law ; while in 1919, $3,600 was given
the industrial commission for the payment of the salary of the sec
retary o f the minimum-wage work.
LACK
OF ACTION.
Despite the enactment o f the new law, no action was taken by the
industrial commission, the reasons given being that no adequate ap
propriation had ever been made nor had any requests for action
been received, there being no popular interest in the subject. How
ever, the commission when interviewed in November, 1919, contem
plated calling for pay rolls for the purpose of information as to
existing conditions, though it would be necessary to divert funds
from the general appropriation of the commission to accomplish this
work. There was some feeling expressed that the industrial condi
tions were such as to control the situation, so that the evils which
the law seeks to guard against would be averted by reason of the
necessity of the employers to pay adequate wages to secure the help
desired. However, it was proposed to collect data for the use o f
the legislature o f 1921, so that the members could have the facts
before them.
A representative of organized labor declared the State federation
to be in favor o f the law, with the reservation that it should not
be under the industrial commission for alleged political reasons.
EMPLOYMENT CONDITIONS.
It was’ thought desirable to make something o f an inquiry as to
the wage situation in the city of Denver to discover whether or not
the industrial conditions actually secured approximately the bene
fits resulting elsewhere from the enforcement of a minimum-wage
law. It must be recognized that the city of Denver was to a degree
removed from the industrial conditions prevalent in the coast cities
of the West, especially those in which shipbuilding operations were
active; nor was it a manufacturing center for the production o f
articles entering the general market as are Minneapolis and St. Paul.
However, the general trend o f prices necessarily affected the work
ing people o f the city, and there was a necessary reflex o f the con
ditions as to labor supply and the tendency toward readjustment.
Thirty-two establishments employing 4,500 women and minors were
visited, representing a wide range of employment. The lowest rates
were found to be paid in millinery establishments, the pay of learners
being nominal, the first season ranging from $1 to $3 per week in one
establishment and $5 in the second; in another the entrant learner’s
wages were from $3 to $6 per week. Five and ten cent stores pay $7
and $8 per week for beginners; one reported an average pay of $9,
salesgirls receiving not over $12 , and in another there was an average
o f $ 12 , $15 being about the maximum. Department stores pay check
girls as low as $ 6 , sales girls beginning at $7 or $ 8, though one re
ported beginners as receiving $8 or $9 a week, while for girls with
some experience $ 10 , $1 1 , and $12 were the usual rates. One estab
m
OPERATION OF TH E LAW S.
lishment started young girls, 14 to 16, at as low as $5, though girls
who could sell goods commanded $10 or $12 per w eek. Work in candy
factories paid learners $8 per week, earnings going up as soon as suf
ficient skill was acquired to do piecework, the time varying from one
to four weeks, when they were able to earn from $12 to $20 . A
women’s clothing factory reported a guaranty of $6 , which is usually
earned or exceeded in a week or two, though it might require 2 months
to be able to earn $ 1 2 ; the women average from 7 to 7£ hours per day,
earning from $10 to $15 per week. In a men’s clothing factory the
worker wras started at once at piecework without a guaranty as to
wage, though defective work in her first and second bundles was re
paired by the shop, which of course saved the time o f the worker and
enabled her to go on with other work; This was a union shop, and
the weekly earnings ranged from $12 to $25 or $30. A telephone
company gave beginners $11 per week, advancing them to $15.50 as
a maximum in the larger exchanges; while in the smaller exchanges
beginners received $9 and advanced to $13.50 per week. Extra money
could be earned for Sunday or holiday work.
Yaried conditions were shown as to hotel and restaurant em
ployees, the average in one establishment being about $75 per month,
counting the meals, while in another waitresses received $45 and
meals, maids $45 and no meals; one establishment gave a $5 bonus for
a full month’s w ork; scrubwomen received $40 and meals.
It appeared, therefore, that the majority of employees began at
practically the beginners’ rates fixed elsewhere by orders, though
there were instances o f extremely low rates; there was also lacking
the guaranty o f advance that the welfare commissions have estab
lished. It is also true that the average o f $12 reported by several
employers (one as low as $9) was not equal to the cost of living
found in other cities at that time. Skilled women who remained in
their employment were generally found to be fairly well paid, pay
rolls showing frequent wages of $22 r $23, $25, $30, and in a few cases
even more per week.
DISTRICT OF COLUMBIA.
SKETCH OF THE L A W .
Like all legislation affecting the District o f Columbia, its mini
mum-wage law was enacted by Congress, the act receiving presiden
tial approval September 19, 1918. The Commissioners o f the Dis
trict were authorized by the act to appoint a minimum-wage board,
which was done October 19, 1918, and it immediately began to
function.
The law directs that the board shall be representative of em
ployees, employers, and the public. The board works through con
ferences made up o f not more than three representatives o f em
ployers in the occupation investigated, an equal number o f repre
sentatives o f employees, not more than three disinterested repre
sentatives o f the public, and one or more members of the board.
Conference members are appointed by the board, which also desig
nates a chairman. The conference is to be called after an investi
gation by the board which discloses the fact that “ any substantial
number o f woman workers in any occupation are receiving wages
DISTRICT OF COLUMBIA.
91
inadequate to supply them with the necessary cost of living and main
tain them in health and protect their morals.” In making this
investigation the board may examine books and pay rolls and require
full and true statements from employers as to the wages paid to all
women and minors in their employment. Public hearings may be
held, and the appearance o f witnesses may be required by subpoena,
as may also the production of books, records, etc.
The findings of any conference may be considered and reviewed
by the board, and it may approve or disapprove any or all of them,
and may resubmit to the same or a new conference any of the recom
mendations that have been disapproved. Approved recommenda
tions are to be considered at a public hearing after four weeks’ notice,
after which an order establishing rates effective in 60 days may be
promulgated. Orders are to be mailed, as far as practicable, to all
employers affected thereby. Wages of minors, i. e., persons of either
sex under the age of 18 years, may be fixed by the board without
reference to a conference, it having authority to determine “ what
wages are unreasonably low.” No public hearing is required in this
connection.
Agreements to work for less than a minimum wage are not bind
ing, and employees may recover differences; the employer is also
liable to penalties for violating the act either in this respect or by
discharging or discriminating against employees for having served
on a conference or testifying in connection with any proceedings
before the board. Findings of the board as to questions of fact are
regarded as final, but a right of appeal remains to the courts from
any ruling or holding on questions o f law.
It is interesting to note in connection with the enactment of this
law that the occasion for it was found in the report of the United
States Bureau o f Labor Statistics on the subject of employment con
ditions of women in the District of Columbia, and its figures seem
to have been generally accepted. In debate on the floor of the House
it was said, “ It is significant that for the first time in the history
o f legislation of this character employers and employees have been
able to come together on a satisfactory bill.” The bill also received
the support o f representatives of the American Federation of Labor.
An effort was made to resist the operation of the minimum-wage
law in its application to hotels, restaurants, etc., on the broad ground
o f its unconstitutionality. The judge’s opinion, filed June 22 , 1920,
was very brief, simply stating that: “ Being of the opinion that the
minimum-wage act is constitutional, the motion to dismiss the bill
will be sustained.” With this dismissal went the request for an
injunction, so that the entire matter was thrown out of court (Chil
dren’s Hospital v. Adkins). A woman elevator operator also under
took to oppose the act on the ground that at the rate fixed for her
services she would be discharged, the claim being that this would
be an unlawful interference with her liberty of contract and right
to accept employment. It appeared that she was but a part-time
worker, and was being compensated at a higher rate for the time
than the award prescribed. Her case was therefore not pressed.
The arguments adduced were the customary ones of the consti
tutional right of a woman to sell her services at whatever price she
might choose to accept, and of the employer to make such contracts
92
OPERATION OF TH E LAW S.
as might be accepted by the parties concerned, without degrading
women to the position of wards, or forcing their displacement by
men. The rejection of these contentions by all the State supreme
courts to which similar cases have been submitted forecasts the ulti
mate validation of this law in face of the announced further intent
o f an employed woman to challenge its constitutionality.
BOARD AND STAFF.
It will be noted that where other laws establish a central commis
sion with temporary boards as adjuncts, this law entitles the perma
nent agency a wage board and the temporary bodies conferences.
The provision of the law as to the representative capacity o f the wage
board has already been referred to. This was secured in practice by
a recommendation by the labor unions of the appointment o f one
member, the Merchants and Manufacturers’ Association o f the Dis
trict naming another. The third was chosen by the District Commis
sioners on the ground of his interest in the public welfare. The
appointments made on October 19, 1918, have continued up to the
present time, two having been renewed on the expiration of their
terms, which were for one and two years, respectively; regular terms
are three years in length and until a successor is appointed and has
qualified. None of the members receive any salary as such, but the
board may employ a secretary at a salary not in excess of $2,500 and
make further expenditures in a total sum not exceeding $5,000, in
cluding the secretary’s salary. The staff must be limited, in view o f
this allowance, and consists of the secretary and an assistant secre
tary, both trained workers in social and economic problems. The
practicability of operation with such a force is due to the limited
area affected by the law. This makes it possible for practically all
employers to be reached and all employees to have access to the board
without further expense than the use o f a telephone or the payment
o f a street-car fare, probably the majority o f the employees affected
being within a short walking distance of the administrative office.
Nor does the holding of conferences involve expense to the board, as
services o f conferees are without compensation, no provision being
made for their expenses. The amount appropriated for the current
fiscal year is the same as for the first.
ESTABLISHMENT AND ENFORCEMENT OF RATES.
Basing its consideration upon a standard cost o f living approxi
mately equal to $16 per week, the board made investigations first of
all in the printing and publishing and the mercantile industries, fol
lowed by hotels, restaurants, and similar industries. The sum of $16
was taken as the basis, following the report of the United States
Bureau o f Labor Statistics on the cost o f living of wage-earning
women in the District. It is estimated that about 15,700 women are
eligible for the regulation o f their wages by the minimum-wage law.
O f these, approximately 10,400 are employed in the three groups o f
industries first investigated, leaving about one-third for future con
sideration. O f these, perhaps the largest single group is that of
laundry workers, covered by order No. 5.
The method of procedure in making surveys was to secure tran
scripts o f pay rolls for a given week or one-half month from the
DISTRICT OF COLUMBIA.
93
establishments in the industries selected, while general information,
as to wage conditions was gained by interviews with employers and
employees. In making the three investigations named, data were col
lected as to the wages of about 7,500 women. O f these, 68.6 per cent
were found receiving less than $16 per week. In the printing and
allied industries the number receiving less than $10 per week was
6.4 per cent o f the total; in the mercantile industry, 14.7 per cent;
and in hotel, restaurant, and allied industries, 13.1 per cent. It was
felt, therefore, that there was sufficient ground for fixing rates in
these three classes of occupations, and rules and regulations were
formulated covering the selection of members and the procedure o f
the conference.
The small area affected simplified the matter of representation,
it being possible for fully representative meetings o f employees to
be held at the board room or other suitable place, where they could
hear an explanation of the purpose and methods of the law and make
nominations o f their conferees. The method followed was to have
nominations made at one meeting and elections at a subsequent gath
ering, thus affording a double opportunity for education and the
explanation o f principles. This method also gave wide publicity to
the fact of the existence of a law. Employers were either organized
or sufficiently acquainted with each other to make it possible for
them to select representatives from one o f their number, either on
their own initiative or at the call of the minimum wage board.
Each side made six nominations, from which the board selected three
conferees. A t one meeting o f mercantile employees over 600 attended
and took part in the election. No difficulty was found in securing
persons to serve on the conferences, employers serving willingly,
while the employees 44vied with one another in hotly contested elec
tions.” Public representatives have also given their time freely ex
cept in two cases when pressure o f work forbade. These were
chosen directly by the board.
No revision o f rates has yet taken place, but it is said that the
same method, i. e., by means o f a conference, would be followed as
in the original establishment o f a rate. A rather interesting ques
tion arises in view of suggested possibilities o f reduced living costs,
warranting a reduction in existing minimum rates. The law author
izes the calling o f conferences only when in the opinion of the board
a substantial number o f women are receiving inadequate pay. It is
probable that if the case should arise demanding a reconsideration
o f a rate as excessive under changed conditions, the board would
act on the general principle o f a failure o f a proper relationship
between wages and cost o f living.
Enforcement of the law rests with the board, prosecutions for vio
lations being filed in the police court by the corporation counsel o f
the District. This, o f course, takes place only at the instance o f the
minimum wage board itself. For the most part employers have com
plied with the orders, and prosecutions are avoided if possible. H ow
ever, action is taken where violations have been flagrant. In one
instance the proprietor o f a restaurant gave a check for the proper
sum under the law, but cashed it at the rate paid before the order
came into effect, which was less than one-half the amount due. When
this was discovered he paid the girls the full amount in cash but
94
OPERATION OF TH E LAW S.
they “ voluntarily ” put back more than half the sum into the cash
register, u often when I wasn’t even in the room.” The judge failed
to recognize the “ voluntary ” quality of this action, and assessed a
fine o f $30; with instructions to adjust payments to the girls still
in the employment, and to stand ready to settle with former em
ployees if they present claims. In another case, that of an apart
ment house, the law is being resisted as unconstitutional in spite o f
prior adjudication on the point by the Supreme Court o f the Dis
trict.
Collections in considerable amounts have been made by the board
acting on information o f the employees. During the period o f the
law’s existence, just about 2 years, more than $2,000 has been col
lected in this way, one employer being $525 in arrears and owing
individuals as much as $125 and $128 each. Care is taken to secure
receipts o f proper settlement in such cases. No names are disclosed
unless o f a girl who has left service, the method being to go over
the pay roll o f the employer complained o f and call up eases which
appear to be underpaid.
Only a single case has come to light o f apparent discharge on ac
count o f activity in connection with the minimum-wage law, and it
was hardly classifiable as such. The employee presumed upon th®
backing o f the board to protect her in various demands upon her em
ployer,. for which she was discharged. After talking the matter over
the employer offered to take the girl back rather than to appear to
have discharged her on account o f minimum-wage activities, but she
declined to resume work.
In carrying out the duties imposed upon it by the law, the wage
board has the cooperation of the Commissioners o f the District
through the furnishing o f information secured by the enforcement
o f an act fixing the hours o f labor of females. Surveys and reports
o f Federal agencies are also available. Reciprocally, the activities
o f the minimum-wage board have aided in the enforcement of the
child labor law o f the District. Minors asking for certificates are
called upon to show their work permits, which are frequently lack
ing,. and often not procurable because the minor has not attended
school for the required period.
CONE E HEN CES.
As already pointed out, the term “ conferences” applies to what
are usually called wage boards in other jurisdictions. Something of
the mode o f their selection has previously been indicated. No diffi
culty has attended the appearance either o f witnesses o r o f members
o f conferences and their rendition o f such services as were involved
in carrying out the provisions o f the act. A partial exception to this
statement is found in the case of white charwomen, some o f whom
were very unwilling to come to the office o f the board lest the fact
become known to their employers,, fear o f discharge being expressed.
Inasmuch as the different conferences take up different industries,
it naturally follows that employers* and employees’ representatives
are changed with each conference. The representatives o f the public
are also newly selected, so as to secure persons with an open mind as
to the problems that are to be considered by the different conferences.
DISTRICT OF COLUMBIA.
95
The function o f these public representatives is regarded by the Dis
trict board as of prime importance, since the representatives o f the
employers and employees, being equal in number, must gain the sup
port o f the public representatives in order to accomplish results. It
follows that neither side is willing to make extravagant demands or
adopt extreme positions, thus facilitating procedure and securing
reasonable terms.
An opinion contrasting with the foregoing was expressed by an
employer who had been a representative on one conference, his view
being that the employees tended to offer hififh claims as a bargaining
basis, provoking the employers to do the same, thus requiring the
public representatives to act as adjudicators of widely divergent
claims, whereas the question should be one more largely of fact as
to costs involved. Doubtless both modes of approach have been used,
and it is clear that either process involves a recognition of the func
tion o f the public representatives.
As to the nonpayment o f conferees, the opinion was expressed that
the plan was satisfactory, the conferees having a sense o f performing
a public service. Employers have not made deductions from wages
on account o f the time spent by their employees in conference, and
there is apparent no feeling of obligation to concede to the employers’
point o f view by reason of such fact, or any other indication of a feel
ing o f constraint as of subsidized representatives.
No reconsideration of rates has thus far taken place, so that it can
mot be known whether the same conference would be reconvened in
such a case, or whether new conferees would be secured. It was sug
gested that some of the conferences had been so satisfactorily consti
tuted and had functioned so harmoniously that they would probably
be reconvened if possible, while in other cases the spirit of antago
nism had developed to such an extent as to suggest the desirability o f
a new group o f representatives.
GENERAL COXTSIBEHATXONS.
The basis of action in the District of Columbia includes not only
the maintenance of health, but also the protection of morals. In its
investigation as to what constitutes the cost o f living, the board as
sumed that “ the essentials of decent living are {a) respectable lodg
ings, { b } three meals a day, ( c ) suitable clothing, ( d) some provision
for recreation, self-improvement, and care o f health,” As a guide to
conferences, the board late in 1918 made a study o f costs of board and
room, clothing, and sundries. The findings of this investigation
were presented for the consideration of the conferences, but without
any suggestion that they should be final or binding upon the con
ferees, though the estimate o f the board would have weight. H ow
ever, each conference “ is urged to consult all other available evi
dence, and to make such further investigation as it deems advisable.”
No reference is made in this report to the effect on morals o f high or
low wages, other than may be implied in the view taken that earnings
should supply “ the essentials of decent living.”
As already indicated, the board found that at the end of 1918 liv
ing costs amounted to practically $16 per week. O f this $9 was al
lowed for board and room, $3.83 for clothing, and $3.17 for sundries;
o f the latter the principal item was laundry, car fare, sickness, and
96
OPERATION OF TH E LAW S.
vacation following. In one o f the conferences employer members o f
fered for consideration the argument that the $9 allowance for room
and board was unduly high inasmuch as a number of the women live
at home. The representatives of the employees and of the public de
clared that such statements were not germane to the discussion, since
the subject before the conference was the requirement for a self-sup
porting women; and such is, of course, the view of the minimum
wage board. The board was particularly assisted by the fact that a
nearly contemporaneous survey had been made by the National In
dustrial Conference Board as to wTar-time changes in the cost of liv
ing, and by the studies o f the United States Bureau of Labor
Statistics.
Reference to the action of the various conferences discloses some
what varying rates as the result of their deliberations. The board is
of the opinion that there is no logical basis for different living costs
in the different occupations covered, but regards the freedom o f
action by the different conferences and the general result of working
through such conferences in arriving at the determinations made to
be of sufficient value to offset any disadvantage traceable to variant
rates. Indeed, it was said that such results were preferable to a
forced uniformity. The fact that the District of Columbia is a com
pact homogeneous unit eliminates the question of local variation, the
total area being urban.
The board acts with reference to minors without the requirement of
either a conference or a hearing. However, when it announced
minors5 rates in mercantile employments, the Merchants and Manu
facturers5 Association protested, and the board, as a concession, called
a public hearing to enable all parties concerned to give expressions
to their views. The original order had given to minors, after serving
a five months5 apprenticeship at not less than $10 per week, the
same pay as to adults. The employers5 argument was that to
pay children the same as adults would tend to disorganize the em
ployment situation by paying children far more than they had re
ceived in the past, which, with a short apprenticeship period, would
create an incentive for the minor to leave school. He might be able
to satisfy the employer at a wage of $10 or $12 per week, but on be
coming eligible for the higher rates would be discharged as not
capable o f rendering service worth $16.50. A lower scale and slower
promotion were therefore urged. Representatives o f labor and o f
social welfare organizations sustained the contention that the rates
originally fixed by the board would discourage the employment of
children, thus permitting them to remain in school, and eliminating
them as competitors with women who might be displaced if minors
were employable at an appreciably lower rate. “ The lure of a high
wage to a child is not as determining a factor in his employment as
is the lure o f a low wage to an employer.55 It was said also that the
cost of living of a child old enough to work was as high as for adults,
so that he, too, should receive a living wage.
Several meetings of the board were held before a conclusion was
reached to lower the rates for minors, adopting a new schedule,
though not in the exact form of the recommendations made by the
Merchants and Manufacturers5 Association. This change was op
posed by the labor representative on the board, who took the view
DISTRICT1 OF COLUMBIA.
97
that such reduction would “ jeopardize the minimum wage we have
fixed for women o f 18 years or over by making the minors their
cheap competitors.” Requiring merchants to pay the same to minors
as to women would leave the children in school and protect adults in
their positions. In adopting this change the board took the position
that its workings should be carefully watched to discover whether
or not the bad results feared would follow. The number o f minors
in mercantile establishments is not limited, either absolutely or rela
tively, but there is an agreement which practically effects their re
striction to 25 per cent, the board being able to keep a check on num
bers by reason of the fact that permits are required, with returns
showing periods of employment, etc.
Some employers sought to take advantage o f the provision as to
licensing substandard workers by causing applications to be made
for considerable numbers o f such licenses. An instance of this was
in the alteration departments of the establishments selling ready
made clothing, in which there were in fact a number o f women of
somewhat advanced years. Several licenses were issued at first, until
investigation disclosed the fact that these elderly women were the
most efficient and satisfactory workers obtainable, and the licenses
were recalled. Some employers announced that discharges would be
necessary in such an event, but they did not materialize.
ORDERS AND RATES.
P R IN T IN G , P U B L ISH IN G , AND A L L IE D IN D U S T R IE S .
The first conference, which considered printing, publishing, and
allied industries, held its initial meeting on March 4, 1919, weekly
conferences continuing until A pril 8, at which time it reached an
agreement on a wage of $15.50 as a minimum for experienced females,
irrespective of age. While the law provides that the conferences
shall be made up of “ not more than three representatives ” of em
ployers and employees, respectively, their numbers to be equal, and
not more than three representatives o f the public, the rules adopted
by the minimum wage board established the number at three for
each group and three for the public, one or more members o f the
board to be also members of the conference. A t this conference
employer and employee representatives, selected as previously indi
cated, took part, the public being represented by a member of the
local judiciary, a woman member of a Federal commission, and a
professor o f economics and sociology. But one member of the board
sat in this conference. The report of the conference was accepted
by the board, and after public hearing held on June 14, 1919, at
which no protests were offered, the order was issued, to be effective
August 13.
In arriving at the rate of $15.50 per week, which is 50 cents less
than the board’s findings allowed as the cost of living, there was a
reduction o f $1.50 from the budget submitted by employees’ rep
resentatives, which amounted to $17. One point in issue between the
employers and employees was as to amusements and vacation, the
former claiming that they were not essential items in a consideration
of the cost o f living. However, representatives of the employees and
37559°— 21—
7
98
OPERATION OF TH E LAW S.
o f the public took the ground that some amusement and some vaca
tion were necessary for the maintenance o f health, but the estimate
o f the employees, which amounted to 65 cents per week for these
two items was reduced to 45 cents by the conference. Some discus
sion was had as to the cost of clothing in this industry as compared
with the mercantile industry, the argument being advanced that
aprons and old clothing could be worn in printing establishments,
while in mercantile establishments a better appearance must be main
tained. The personnel of the two conferences was said also to be
responsible for the differences in standards adopted, the board
stating that “ the wage finally agreed upon is not a scientific de
termination based entirely on facts but rather a compromise of
opinion between the two groups, modified as it may be by the opinion
o f the representatives o f the public.”
For the classes of work at which minors are employed in the
printing and publishing industry, it was said that there was little
or no difference between their efficiency and that of women, so that
the order was made applicable to women and minor girls irrespective
o f age. Inasmuch as the boys were employed more largely at occu
pations involving apprenticeship, it was found undesirable to inter
fere with that system, so that no rate was set for minor boys. How
ever, the minimum o f $15.50 is applicable only to experienced
females, by which term is meant one who has had at least one year’s
employment in the industry. The beginning rate is $8 per week, pay
able for 3 months; then $9 for 3 months; $11 for 3 months, and $12
for the remaining 3 months o f the year. The number of learners is
limited to one to every four experienced females employed, though
any establishment may have at least one learner. Excess learners
may be employed i f reasonable efforts fail to secure an adequate
supply o f experienced workers, reports being made to the board as to
the facts in each case. The order is given in full on pages 307
and 308.
M E R C A N T IL E IN D U ST R Y .
A mercantile conference was called to its first meeting on May
2 1 , 1919, concluding its work on July 12 , 10 meetings in all being
held. A survey had been made of the wages paid to women in the
mercantile establishments o f the District during the months of
February and March, transcripts o f weekly pay rolls being obtained
from 109 establishments employing 4,609 women. The establish
ments were located in various sections of the District, and repre
sented various branches of trade. Nearly one-tenth were found to
receive $9 per week or less, above one-fourth, $11 or less, one-half,
$13 or less, and only one-fourth received as much as $16. These were
wage rates for full time, the average earnings actually received being
decidedly less. On this basis, and with the board’s finding that the
cost o f living was $16 per week, there was abundant evidence in
favor o f the establishment o f a rate for workers in this industry.
The conference was attended by all members o f the board, em
ployers being represented by members of the management of three
o f the large department stores and the public by an attorney at law,
the wife o f a cabinet officer, and the judge o f the Juvenile court (a
woman). The employee representatives were obtained by elections
in which employees generally participated.
DISTRICT OF COLUMBIA.
99
Somewhat higher costs were submitted by the employees in this case
than in printing and publishing, the total being $19.60 per week as
against $17. A difference of 81 cents per week, amounting to more
than $40 per year, in the amount allowed for clothing is said to be
attributable in part to the feeling that at the time of the earlier con
ferences “ clothing prices had reached the peak and were beginning
to fall,” which feeling seemed to have disappeared between March
and June. The results reached were a compromise, conflicting prfnciples actuating the two groups directly in interest, employers gener
ally feeling that the maintenance of the existing standard of living
was all that should be aimed at, while the employees usually con
tended that the standards should be improved. The rate finally
adopted was $16.50 per week, applicable to experienced employees in
all classes o f employment in the mercantile industry. Here, again, is
evidence o f the opinion that diversity of occupation can not be con
sidered in establishing a minimum wage that represents the necessi
ties o f living. There was a wide difference between the wages paid
office employees at the time of the investigation in February and
March and the amounts paid to saleswomen and workroom employees,
with still wider distinctions when stock girls, messengers, etc., were
brought into view. Thus, 57 per cent of the saleswomen received $12
or less, while only 33 per cent of the office employees received this
amount. No stock girl or colored maid received over $12 and but
little over 5 per cent of the messengers and bundle wrappers exceeded
this sum. As the order was issued on August 29, 1919, to become
effective October 28, it provided for a minimum rate for learners
under 18 years of age, either male or female, of $10 per week for the
first five months of employment. A fter this the schedule is the same
as for those over 18, being $12.50 per week for three months, and
$14.50 for four months after which the minimum of $16.50 shall be
paid.
As already noted, merchants took exception to the rapid promotion
o f young employees, and on further consideration slower advances
were prescribed for workers under 18 years of age. The entrance
rate remained the same, i. e., $10 per week, this sum to be paid for
the first four months, after which $11.50 shall be paid fo r four
months, then $13 for four months, and $14.50 for the following six
months, after which a $16 minimum shall be paid until the age of 18
is reached. On reaching the age of 18 a minor girl with seven
months’ experience was to receive the adult minimum, and with less
than seven months’ experience, to be paid according to the provision
for adult learners. These orders (No. 3 and supplement) appear on
pages 308 and 309.
H O T E L , R E S T A U R A N T , A N D A L L IE D IN D U ST R IE S.
No other order of the board created the amount of discussion and
opposition that attended the promulgation of the order o f March 26,
1920, applicable to forms o f service involved in the establishments
covered by the fourth order. This applies to hotels, lodging houses,
apartment houses, clubs, restaurants, cafeterias, etc., and to hospitals*
not including nurses in training. The line is difficult to draw be
tween what is to be considered as private and what public housekeep
ing. As elsewhere, a considerable number o f private homes receive
100
OPERATION OF TH E LAW S.
a few boarders or roomers, and to meet this situation a tentative
ruling was made excluding places in which fewer than five persons
lodged or ate. This rather low numerical basis made for a broad
inclusion, with corresponding difficulties as to enforcement and a
feeling that there is excessive intrusion into what are largely the
private domestic concerns of the household.
The investigation on which a call for a conference was based was
made in June, July, and August, 1919, 193 establishments being
visited. Classification was difficult, but a distribution into 4 groups
was finally decided upon— 50 hotels, employing 1,010 women; 135
restaurants, employing 1,055 women; 3 hospitals, employing 130
women; and 5 apartment houses, employing 14 women, making up
the list o f the 2,209 women reported on. It is apparent that practi
cally all were in the hotels and restaurants visited. A considerable
range of occupations is included, some of them being such as any
woman trained in home industries could quickly adapt herself to,
while others required a considerable degree of special skill. It was
not found, however, that the length o f time in service had any rela
tion to the wages paid.
As to the practice o f tipping, it is to be noted that waitresses, who
are most likely to receive tips, were better paid by their employers
than are those classes of workers in the same establishment who by
the nature of their employment are cut off from the possibility of
receiving tips. A few maids and elevator operators also receive
tips in small amounts, but not enough to make any appreciable addi
tions to wages. Another difficulty that applies to the classes o f em
ployment under consideration is the excessive labor turnover.
Irregularity of attendance and constant shifting from job to job not
only reduce the efficiency o f the worker, but militate against any sat
isfactory development of an employment system. O f the total num
ber o f women investigated only 138 received room and board, while
1 ,439 received 3 meals; 380 received nothing but cash payment. Taking
the $16 a week basis as a standard, and allowing $9 per week for
room and board, and $6 for board alone, it was found that only 27.8
per cent o f the women employed in hotels received as much as $16,
and in hospitals only 17.3 per cent. In apartment houses no woman
employee received $16 a week. Restaurant employees were better
paid, 57.4 per cent of them receiving $16 a week or more in cash or
its equivalent.
The rate fixed is the same as for the mercantile industry, i. e.,
$16.50 per week or 34J cents per hour. Meals are allowed for at
the rate of 30 cents each, and are to be bona fide; where lodging is
furnished $2 per week may be deducted on this account. Tips and
gratuities are not taken into consideration- As originally applied,
the order was held to relate to boarding and rooming houses where
five or more persons received accommodations; on December 16 this
was changed so as to apply to private houses only if 40 or more
persons were cared for, the reason being that enforcement in small
places was excessively burdensome and difficult, considering the re
sults accomplished; also that there were various concessions and
allowances in the smaller places that took the place of the higher
wage to a considerable degree. Commercial houses are included re
gardless of size.
DISTRICT OF COLUMBIA.
101
These rates affected the great majority of workers in the hotels
and elsewhere, and excited a corresponding feeling o f opposition.
The practice is quite common o f reducing the working hours of the
chambermaid from 8 to 5 or 6 per day, and paying by the hour in
stead of weekly or monthly.
The order is given in full on page 309.
L A U N D R Y , D Y E IN G , AN D CLEAN IN G IN D U S T R IE S.
An investigation of the laundry, dyeing, and cleaning companies
o f the District showed wages in steam laundries in January and Feb
ruary, 1920, for 1,116 women. O f these 28.8 were rated at less than
$9 per week, 53.4 per cent at less than $10, and 85.2 per cent at less
than $15 per week. A conference was formed consisting of three
laundry owners chosen by the board from six nominees of the Laun
dry Owners’ Association, three laundry employees chosen by the
board from six nominees selected by the workers in meetings called
for the purpose, three persons selected by the board to represent the
public, and two members of the board itself. . This conference first
met on April 9, 1920, and employers and employees were asked to
prepare a report on the cost of living of laundry workers for consid
eration at future sessions. The workers’ representatives submitted a
budget totaling $19.88 per week, while the employers reported aver
age weekly expenditures of $12.04, the average weekly earnings of
the women being $10.57. It was found that the majority of the
women considered were living at home. Furthermore, the conference
found the material secured by the questionnaires that were sent out
in this investigation to be so inaccurate with regard to expenditures
for clothing and sundries as to be of no practical value.
Employees rated room and board at $10 per week and employers
at $7.59. After briefly discussing allowances for clothing and sun
dries the employers’ group submitted a rate of $13.50 per week and
the employees’ group $17.50. After a number of votes and eight
meetings, a report was made May 10 , 1920, recommending a weekly
wage of $14.50, the vote standing 6 to 5. Protests immediately came
in, as recent rates o f $16.50 had been fixed for store employees and
hotel and restaurant workers, the claim being made that the cost o f
living had not decreased and that laundry workers had to meet the
same expenses as others. A considerable number o f the laundry em
ployees of the District are colored, and there was a charge that dis
crimination was being practiced. The board finally rejected this
report and called the same conference for further consideration.
The work was begun anew, a second budget being offered for work
ers totaling $19.49 per week, closely corresponding to the earlier
budget. Employers, on the other hand, claimed a reduction in costs,
so that a fair wage would now (October 7) be $12 per week. After
various test votes a rate of $15 was carried by a vote of 6 to 5, the
opposition being moved by diverse motives, some considering it too
high and others as too low. However, it represented a majority
opinion and was adopted.
The question of a learning time at a lower rate was then taken up,
the conclusion being reached to recommend an entrance rate of $9 per
week, advancing to $11 after two months, and again to $13, the stand
ard minimum being payable at the end o f six months.
102
OPERATION OF TH E LAW S.
A public hearing was had on the 18th of January, 1921, at which
objectors and supporters were heard, the result being the promulga
tion o f an order fixing the rates set forth above. This order appears
on page 310.
EFFECT OF THE LA W .
The period o f operation of the orders is too brief to give the high
est value to a n y deductions that might be attempted as to their effects.
The time has been one of very considerable industrial change in the
District, particularly influenced by the reduction of the working
force in the Federal departments. The labor market has become much
easier, leading to opportunities for selection, though some employers
state that they have not yet experienced this situation. Wages have
been quite generally increased by the orders, and a feeling of stability
and security has been given the workers who were retained. How
ever, a number of employers interviewed have spoken o f reductions
in their working force in order to economize expenses. Thus one 5
and 10 cent store stated that the personnel of the selling force was
much improved, but was numerically 15 per cent less than before.
A department store, which had employed 35 maids about the build
ing, now employs 1 1 of the more efficient, and has taken on a suffi
cient number o f men to make up for the deficiency, saying that the
men can be called upon for rougher, heavier work, and are not lim
ited to an 8-hour day. Dismissals o f girls operating elevators were
reported in various establishments, some saying that it was by reason
o f the order and others that it was the policy to use men, and that
women had been employed only during the war shortage.
There is no doubt that the law has reduced the employment o f
children, which, i f at all disadvantageous, is at least not without its
compensations. Some complaint has been made that rates for learn
ers were too high, and their employment was consequently avoided
as far as possible. Records in the office o f the board show that
within six months the number of children employed was reduced
from 13.2 per cent to 10.8 per cent of the total number o f women and
minors. In 5 and 10 cent stores the reduction was from 26.5 per
cent to 19.9 per cent. The number o f learners in printing establish
ments, when the order came into effect, was 29.1 per cent, falling in
six months to 12.6 per cent.
While the effect o f the law was to raise the wages in a large number
o f cases, so that the rate fixed is the actual rate paid in many in
stances, there is abundant proof that the minimum does not become
the maximum. When the printing order went into effect in August,
1919, 25.9 per cent of the female workers were then receiving above
the minimum; in February, 1920, the number had increased to 39.2.
The unionization o f many o f the plants has since increased this per
centage. In seven department stores 31.3 per cent o f the employees
were receiving above the minimum in November, 1919, while in March,
1920, 37 per cent were in this class. Mercantile establishments gen
erally showed 25.8 per cent o f their employees receiving less than
$16.50 in November, 1919, while in the succeeding March but 18.5 per
cent received such amounts,
The question naturally arises as to what becomes of the workers
who to some extent have undoubtedly been dismissed by reason o f
DISTRICT OF COLUMBIA.
103
the requirement o f payment of the minimum wage. Some o f these
were elderly workers for whom the employers did not care to secure
licenses as substandard workers, while others were indifferent or
incapable. This is not to say that they are unqualified for earning
a living wage in some other occupation, but there is a difficulty in the
District due to the fact that choices of occupation are limited. How
ever, it is generally recognized by employers that they have secured
a better class o f workers than heretofore, which means that the public
is better served, and that the efficient and industrious are not re
quired to meet the competition of the inefficient, who are willing to
work for less, and are made a tool by the employers for fighting
against an adequate rate. Where there is proper ground, a license
can be procured for employment at rates below the minimum, which
may be recognized as enabling the licensee to supply herself with
only a part o f her needs.
“ The children, the widows, the aged and infirm, the mentally de
fective, the substandard workers, can not be adequately protected by
wage legislation. They must be cared for in some other way.”
The findings o f the commission for the year 1920 are that wages
have been considerably advanced, that the established minimum has
not become the maximum, that experienced women have not been dis
placed by learners, that learners have not been discharged when
entitled to a wage increase, that minors have not displaced adult
workers, that women have not been displaced by men in any appre
ciable degree, that wages have sympathetically advanced in employ
ments not covered by the orders, and that the law has presented no
new or insurmountable barrier to the obtaining o f a livelihood by
substandard workers.
Visits to more than 20 representative establishments and work
places employing above 2,500 women apparently warrant a general
ization to the effect that the mercantile establishments, certainly the
larger ones, feel that the law is fair and the minimum rate not too
high, though in some cases it was said that the learners’ rates were too
high at the beginning, and in another that the advances w ere too rapid
for young persons. In practically all cases the management felt
that the selling force had been improved as a result of the law,
one saying that a better class of women has been brought into em
ployment, the present force being “ head and shoulders above any
thing they had ever^had.” The necessity of weeding out the in
efficient and indifferent was dwelt upon by some, but they added that
the force retained was more stable, and that the workers felt that
they had a status which they should prize.
In printing and publishing the shops are quite largely unionized
and the effect o f the law is less observable. In one establishment,
in which a number o f unskilled workers were required from time to
time, a rate had been established running above the learners’ sched
ule fixed by the order. It was said that the law did not interfere
with their business generally, though one felt that the rates for
learners were too high.
As noted under the discussion o f the order, the application of
the law to hotels is much disliked, most of the managers interviewed
voicing violent opposition. Elevator boys can be procured at from
$40 to $50 per month, which is considerably lower than the amount
104
OPERATION OF TH E LAW S.
fixed for women and minor girls, and though some of the employers
expressed their preference for female operators, they were unable
or unwilling to pay the difference. In other cases the change from
female operators to males was said to be due to a resumption of the
regular policy o f the employer, women having been employed only
to meet a war-time emergency. One manager told of the urgent
requests o f his girls that he find some method by which he could
retain them at the rates which they had been receiving, but he
declared this to be impossible and let them go. Another, in con
trast with the majority, stated that while the expenses for chamber
maids were increased 50 per cent or more, he had cheerfully complied
with the law and was letting his girls work full time and paying the
established minimum, though he knew that many others had cut
down the working time and were paying on the hourly basis. The
rates were said to be not too high for a living wage and he was
ready to comply with the law even though returns on his invest
ments were not what they should be.
In apartment houses there seemed to be a tendency to dispense
with elevator girls, using, as one superintendent expressed it, the
cheapest worker, retaining only such females as were shown to be
either absolutely necessary or on account of the nature of the work
were most economical in competition with other labor.
The attitude of the workers need not, however, be questioned, at
least that o f those retained in the service. A switchboard operator in
an apartment house spoke of the law as a “ godsend,” saying that she
“ never was so glad for anything.” 'On the other hand were the
reported dismissals and the quoted statement o f the pastor o f a large
colored church that the law will work great hardship to his people
in the winter.
It is a well-known fact that the class of labor employed in the
hotels is largely trained only in the sense in which women generally
are acquainted with domestic affairs. This makes it possible to enter
such employment easily and to leave easily, and the turnover is
reported as very heavy. The stores feel that they have saved by
reason o f a reduced turnover, and the one hotel visited that regarded
the law with favor spoke o f a fairly stable force. One can but feel
the possibility of improved conditions in the hotel and related indus
tries as the spirit o f the law is better understood and more fully
entered into. The attitude of organized labor toward the law is one
o f full cooperation, being represented on the board and also at such
hearings as have been open for the presentation of the union point of
view.
There was some expression of hope that the law would be declared
unconstitutional, but it is generally accepted’ as a fixture for the
District.
KANSAS.
SKETCH OF THE LAW .
The law o f this State, like that of California, has regard not only
to the subject o f wages, but also to that of hours and standards of
conditions o f labor. This act, passed in 1915, also adopts the title o f
the California office, the administrative agency being known as an
industrial welfare commission. The commission consists of the com
KANSAS.
105
missioner o f labor and two others appointed by the governor, at least
one member being a woman. The terms prescribed are of four years
and until a successor is appointed and qualifies. The commissioners
are not salaried, but provision is made for their expenses.
The commission’s powers of investigation extend 66 to wages, hours,
sanitary and other conditions affecting women, learners, apprentices,
and minors in any industry or occupation in the State.” The com
mission may act on its own initiative or at the request of not fewer
than 25 persons employed in any industry making use o f the services
o f women and minors. Public hearings may be held, where any per
son may appear and give testimony; witnesses may also be subpoenaed
and compelled to produce wage records, papers, etc. Witnesses re
ceive compensation and expenses in an amount not exceeding that
allowed witnesses in civil cases in the district court. Following such
investigations and hearings the commission may establish a board for
the consideration o f subjects referred to it, to which it shall submit
all data bearing on the question in issue. A majority of the board
carries a recommendation to the commission, which may approve or
disapprove any or all recommendations made, and, in case of disap
proval, may resubmit them to the same or a new board.
The commission may issue special licenses for physically defective
workers. Wages o f minors are in the hands o f the wage boards the
same as for adults. By the term “ minor ” is meant a male or female
under 18 years of age. The definition o f the terms 64learner ” and
“ apprentice ” may be drafted by any board, and the commission has
power to make such rules and regulations as it may deem necessary
to carry out the objects o f the act with regard to these and other
subject matters.
Appeal lies to the courts when anyone is not satisfied with an
order or ruling, but questions of fact are presumed to be as found
by the commission. Failure to comply with the orders of the com
mission, or discharging or discriminating against employees be
cause of their activity in matters covered by the act are punishable
as misdemeanors. Recovery of unpaid balances is provided for, the
employee to bring a civil action for such balance and costs.
The matter o f constitutionality was never brought to the supreme
court o f the State, though action was brought in 1917 in the district
court of Reno County for an injunction against the enforcement o f
the law on the ground that it was unconstitutional. The decision
o f the court was in favor of the law, and an appeal was perfected
but was afterward abandoned.
COMMISSION AND
STAFF.
The provision o f law making the labor commissioner ex officio a
member o f the welfare commission opens up the possibility o f bien
nial changes in that office, that being the term of service of the com
missioner, who is appointed by the governor. However, the com
missioner in office when the act went into effect, July 1 , 1915, served
until April, 1919, when he was superseded on account o f a change in
administration. The term for which members are appointed is four
years. The first woman member served but a brief time, and her
successor’s four-year term expired January 1 , 1921. There have
been three male members appointed, the present incumbent taking
OPERATION OF TH E LAW S.
106
his place in June, 1919; he is a representative of the employers.
; These comparatively frequent changes would suggest some difficulty
in developing a uniform policy; but inasmuch as the work of the
commission has been largely that of its secretary, there is less depar
ture from a uniform practice than these changes would indicate.
The first meeting of the commission was held on the 6th of July,
1915, but the election of the secretary did not take place until two
months later. A woman who was at the time a factory inspector
under the commissioner of labor was then chosen, and her service
has been continuous up to the present time. The staff consists o f
the secretary, a stenographer, and such employees as may be avail
able under an appropriation o f $8,000 per annum. During the year
1919 the appropriation was somewhat exceeded by reason o f the
amount o f inspection work necessary to secure compliance with
orders. On account of the relations existing between the welfare
commission and the department o f labor and industries, it is possible
to make some adjustment o f funds and services between the two
offices.
ESTABLISHMENT AND ENFORCEMENT OF BATES.
Following the organization o f the commission, it began to make
investigations to ascertain the facts as to conditions existing in the
State. The information was usually obtained from employers
through personal interviews with the head of the establishment or
someone delegated by him. In some of the investigations there was
discovered an unwillingness to disclose records, especially after it
was seen that the orders were being enforced. However, service o f
notice in such cases has resulted in employers complying with the
requirements o f the commission. Cooperation by employees has not
been active. Male members of the Federation of Labor have come as
spokesmen for women employees, the women being timid by reason
of their lack o f organization and of some discriminations which have
been practiced against them.
Action by a wage board must precede the issue o f any order, but
not all the recommendations of the board need to be adopted.
Where a revision is contemplated the commission may either recall
the old board or establish a new one; each has been done once.
Although public hearings are required to pass upon the final con
clusions o f the commission before they are promulgated, their prac
tical value would seem to be but slight, very few changes having re
sulted therefrom. The promulgation o f orders is accomplished by
mailing a copy to employers affected, “ so far as it is practicable,”
such order to be posted in the establishment.. Considerable publicity
is also secured by notices through the press with regard to public
hearings.
Enforcement is secured by an inspection o f pay rolls and inquiries
addressed to employers as to compliance with the law. Many com
plaints have come in which the commission has been able to follow
up with considerable effectiveness. Good results have also followed
the use o f bulletins and circulars. Reference has already been made
to the effort o f an employer to secure an injunction on the ground
o f the law being unconstitutional, and o f the failure o f this effort.
A suit to enforce the law was followed by the county attorney, with
KANSAS.
107
whom the case had been placed, calling a conference of the merchants
o f the locality and securing their agreement to comply with the law.
Prosecution was therefore suspended unless further violations should
occur. A number of cases are reported o f recovery o f unpaid bal
ances on a simple presentation of the facts by the commission, with
out legal action.
As to the protection of active employees, the commission was not
able to make an equally satisfactory report. It seemed quite probable
that discrimination had been practiced on account of activity in con
nection with the law, but the assignment of other reasons by the
employer made it impossible to take definite action.
Considerable effective cooperation is had with women’s clubs in
various localities. Public health nurses have also rendered valuable
service in discovering the facts in individual cases. A woman in
spector in the labor department makes it a part o f her duty to secure
information as to the observance of the orders while engaged in her
work o f factory inspection; she also visits laundries and mercantile
establishments.
W A G E BOARDS.
Various plans have been adopted by the commission in the organi
zation o f wage boards. The law directs that there shall be not less
than three representatives o f employers and a like number o f repre
sentatives o f employees in the occupation in question, and one or more
disinterested persons appointed by the commission to represent the
public. The most satisfactory method o f selection is said to be by
procuring six nominations from employers interested and six from
the Federation o f Labor, from whom three each are chosen by the
commission. One public representative is then chosen and made the
presiding officer. Employees were willing to serve on wage boards
when the law first came into effect, until it became apparent that they
jeopardized their places. Since the law only requires that persons
shall serve who shall u represent the employees,” the board has
been inclined to make use of interested persons not actually em
ployees, Another reason for this was the difficulty in securing actual
employees of sufficient mental and moral force to meet the employers’
arguments and the influences to which they were subjected. Social
attention, as by taking them out to meals, either won assent to unde
sirable standards or led to the employees’ professing ignorance as to
the essential facts. Better paid employees not materially interested
in the wage rates under consideration were not willing to disturb
themselves in the matter. The situation was reversed as far as the
employers were concerned, they being primarily unwilling to serve
on the boards when invited. However, when the orders began to
take effect they clamored for representation. The first appointees
among employers were made by the commission acting upon its own
initiative, but nominations are now submitted by the employers’ asso
ciation. The attitude o f the representatives o f the two groups has
generally been such as to lead to the comment that the fact that there
is a public representative on the board “ has been the salvation o f the
commission in every case.”
The law provides that members o f the wage boards shall be com
pensated the same as jurors in cases in the district court, and that
108
OPERATION OF TH E LAW S.
they shall be allowed the necessary traveling and clerical expenses
incurred. The effect of this allowance is said to be negligible, and
it is believed that a reasonable per diem rate for services rendered
would be desirable. It was said that the boards have a way o f
adjourning just as a conclusion seems near at hand, and that the
payment of a fair per diem might retain their services and lead to a
more satisfactory performance of their duties. Similar conditions
affect the appointed members of the commission, and it has been hard
to secure their active service by reason of the fact that no allowance
is made therefor.
GENERAL CONSIDERATIONS.
While the law covers the subject of wages, hours, and conditions o f
employment, the reference as to wages calls for such as shall be
“ adequate for the maintenance ” o f the persons receiving them, or
the minimum wage required “ to supply the necessary cost of living ”
o f a woman, and “ suitable minimum wages 55 for learners, appren
tices, and minors. As regards different employments, clerical, mer
cantile, etc., it was not felt that different rates of wages should be
established. I f there were industries in which uniforms were re
quired to be worn or other requirements as to dress, some considera
tion might be given to these factors, but otherwise there was no real
ground for difference in rates o f wages for the different employ
ments. It was felt also that no valid reason exists for making d if
ferences between rural and urban localities, since such differences in
conditions as might exist counterbalance each other so as to make
the situation practically equal.
The provisions as to learners vary according to the occupation
the view o f the commission being that they are not so much con
cerned to provide for actual apprenticeship as to permit a term o f
adjustment for the working force. So far as substandard workers
are concerned, but little use has been made of the provision of the
law for procuring licenses for them. When the order came into
force many workers, prompted by their employers, requested licenses.
It was found that these were workers at piece rates which did not
offer the minimum return. The commission issued instructions as to
a form o f procedure to be followed in applying for the licenses re
quested, but no returns were made thereon. On further inquiry it
was reported that the rates had been advanced. A t the time of the
investigation by the Bureau of Labor Statistics (November, 1919),
it was said that only about three licenses had been issued, two being
to women nearly 70 years old and one to a lame woman.
ORDERS
AND
RATES.
LA U N D R IE S.
Before the organization o f the commission was completed, com
plaints had been forwarded as to the conditions under which women
were employed, with appeals for action. The first investigation
made by the commission related to laundries. Reports were ob
tained for about 900 women, o f whom it appeared that 52 per cent
received $6 and under $8, while a little over 29 pej rant received
KANSAS.
109
less than $6 per week. Conditions as to sanitation and hours of labor
were also unsatisfactory. A board was therefore formed to which
all the subjects named were referred. Investigations were made o f
the learners in a number of towns in the State, and on September 19,
1916, recommendations were made calling for the establishment
of certain sanitary standards, with the suggestion that no action be
taken as to wages, pending the decision of the Supreme Court of the
United States in the Oregon case, following the precedent in Minne
sota and other States. The opinion was also expressed that no minimum-wage law was desirable in Kansas, since 64 the law of supply
and demand will override any legislator’s fiat as to wages.” As to
hours, it was recommended that a 54-hour week be adopted 44 except
when an emergency demands more than 54 hours,” and that no em
ployment be permitted after 8.30 p. m. for women and 8 p. m. for
minors. Overtime pay for work in excess of 54 hours was recom
mended.
The commission approved only the recommendation as to a sani
tary code. On a new reference to the board a reconsideration was
had o f the matter o f hours, the commission insisting that it could
not approve action without an hour limitation on the day’s work,
as limiting only the hours per week did not relieve the worst condi
tions. The board recommended the 1 1 -hour day 44 except in case o f
emergency,” no definition being given as to what should constitute
an emergency. This was likewise rejected by the commission, but
no more satisfactory recommendation could be procured, and the
board was discharged, many laundrymen in the State sustaining the
commission in its action, saying that the board was not representa
tive of the wishes of progressive laundrymen.
Following the discharge of the first laundry board, the attorney
general gave the opinion that it was not necessary that the members
o f the wage boards should be actually employees, but persons 44 who
will fairly and efficiently represent the employees.” This opinion
was in response to an inquiry which sprang from the report received
in the early history of the first board that a representative of the
workers on the board had been discharged, and that two other
workers who had testified or were about to testify before the commis
sion had also been discharged, all the evidence pointing toward a
discharge because o f such activity. The minutes of the commission
show that other workers, members of this board, resigned at different
times, the final employee representation being two workers and a
club woman. This opinion pointed out that the law does not pro
vide for the mode o f selection of representatives of either board, but
that the commission had authority to make rules governing the selec
tion of members; but if the commission desired to make a rule
authorizing the employers to select their representatives, and the
employees to select theirs, all to be approved by the commission, it
might do so. However, the commission might make selection of rep
resentatives on its own initiative.
The employer representatives o f the new board were laundrymen
selected by the commission from a list submitted by the president of
the laundrymen’s association. The commission appointed representa
tives of the employees, naming three workers of its own selection.
This board acted quite promptly at its first meeting on the subject
110
OPERATION OF TH E LAW S.
o f hours, recommending a 9-hour day as a standard and a maximum
o f 10 hours in an emergency, all to fall within the 54-hour v/eek.
This removed one o f the difficulties that had proved a stumbling
block to the first board. However, as its appointment was made in
October, 1916, and this order did not become effective until April 6 ,
1917, it would seem that the board had not been in any haste to reach
a conclusion. Still further delay characterized action as to wages,
and when a date was set for a public hearing in February, 1918, to
receive a report on the subject o f wages, the laundrymen’s association
asked for postponement until the latter part o f -March, when it
would submit data of value in reaching decisions. This request was
denied, but the public hearing was finally held on March 14, on which
date a rate wTas fixed o f $8.50 per week o f 54 hours. A six months’
apprenticeship at a rate o f not less than $6.50 per week was provided
for, the order to be applicable throughout the State. These amounts
represented an advance over the commission’s recommendation to the
first board on May IB, 1917, when it had expressed its opinion to the
board that not less than $7 should be the weekly rate in cities of the
first class, and $6 elsewhere; though doubtless the increase may be
traced in part to the general contemporaneous advance in wages.
This order has remained unchanged and appears in full on page 31L
M E R C A N T IL E E ST A B L ISH M E N T S.
The order fixing the rate for mercantile establishments really
antedated that for laundries, by reason o f the delayed action of the
laundry boards. Ground for action in this industry was found in
the fact that in department stores, drug stores, and other mercantile
establishments, some girls were paid as low as $2.50 per week as a
beginning w age; 6.3 per cent o f 256 women employed in department
stores received $5 or less, while 16 per cent were found in the group
receiving $6 , but less than $7. A more extended investigation by the
labor department, o f somewhat earlier date, showed that o f 1,625
women in mercantile establishments, more than 40 per cent received
less than $7 per week, and but 18 per cent received as much as $ 12 .
Five and 10 cent stores were especially at fault, “ the popular begin
ning wage ” being $3.50 or $4 per week. O f 303 workers, 87 per cent
received less than $6 , and 51 per cent less than $5 per week. Un
trained girls living at home furnished the chief supply, and no pre
tense was made of paying a self-supporting wage, thus making the
business genuinely parasitic.
Following its investigation, the commission organized a mercantile
board in the autumn o f 1-916, which gave its first attention to hours,
the order being effective February 27, 1917, though a revision was
made shortly, in force April 13, 1917. A sanitary order was next
promulgated on September 27, 1917, and it was not until January
16, 1918, that the commission was able to act upon a wage recom
mendation; this became effective March 18. The estimates o f cost
o f living submitted by women employed in the mercantile industry
totaled $8.23 per week. The wage rate fixed by the board was $8.50
for experienced female workers, allowing an apprenticeship period
o f one year, the order having the rather unusual merit of fixing a
higher rate than the workers’ estimated budget. F or the first six
months, a minimum of $6 per week is fixed, and for the second six
KANSAS.
Ill
months, $7. Bundle wrappers and cash boys and girls begin at $5,
receiving not less than $5.50 after six months, and $6 after one year.
The order appears on pages 310 and 311.
PU B L IC H O U SEK EEPIN G .
The next order (issued May 24, 1918, and in effect July 22 ) relates
to the subject o f public housekeeping to the extent o f a regulation
o f the hours o f labor. The board offered no wage rate, the em
ployer representatives claiming that as they furnished board to their
employees, they -were actually paying more than a minimum living
wage. However, they did not fall in with a suggestion that they pay
the girls the value set on the board and let them spend it as they
chose. The order adopted prescribes not more than 54 hours per
week, or 9 hours of work per day for a 6 -day week, and not over 8
per day when a 7-day week is used, all work to be done within 13
consecutive hours.
T ELEPH O N E OPERATORS,
In considering the cost o f living o f the telephone operators, the
commission did not appoint a wage board specifically as such, but
made use o f the recommendations o f the war board o f the State,
which served as a wage board on the subject. A public meeting was
held on July 8, 1918, on which date order No. 9 was adopted, to be
effective September 5. “ This order, because of the nature o f the
occupation affected, is more complex in its provisions than those pre
viously made.” Not only are different rates fixed for cities and towns
o f different population, but learning time is fixed, the hours per day
and week, and provision made for overtime, holiday, and night
work. Experienced workers, i. e., those having one year’s experience,
in localities o f less than 1,000 population, must have at least $7 for
a 6 -day week, working not more than 8 hours per day; in localities
o f from 1,000 to 5,000 inhabitants the rate is $7.50; from 5,000 to
20 ,000, $8 ; and above 20 ,000, $9 per week. This order appears on
pages 311 and 312.
M A N U F A C T U R IN G EST A B L IS H M E N T S,
The welfare commission used the same method in connection with
manufacturing industries as with telephone operators, i. e., making
use o f recommendations of the war board acting as a factory board.
The first date set for a public hearing was abandoned on account of
the prevalence o f influenza, and in January, 1919, a section of the
employers’ association asked for further postponement on the ground
that it was seeking legislation to reorganize the welfare commission
and the labor department. The public hearing was finally set for
February 14, at which time the attorney for the employers claimed
that the recommendations of the war board had fixed a rate on the
basis of the war emergency, and as the war was over there was no
occasion for the establishment of the rate. The claim was also ad
vanced that there had been no proper preliminary investigation. In
reply it was pointed out that the status o f the board was adequate
and clear under rulings of the attorney general, and also that in
vestigations had been made both by the war board and by the com
mission. The claim was then advanced that there was such a variety
o f manufacturing industries that each one should be investigated
112
OPERATION OF TH E LAW S.
separately, and that the aim of the State officials should be to build
up the industries of the State and not to tear them down, that they
would suffer in competition with Missouri on account of the increased
cost of production, and that a general order would cause some in
dustries to withdraw from operation. A suggestion was also made
that national legislation was advisable and that action under State
laws should be postponed until it could be procured, or at least until
business adjustments had been completed. To this argument it was
reported that the purpose of the law was to secure the welfare of
women and not simply or primarily to regard the effect on industry
o f the fixing o f a minimum wage.
Following this discussion an order was adopted February 2 1 , 1919,
to be effective on the 23d of A pril following. The rate fixed was $ 11
per week for “ any experienced female worker in any factory in the
State,” with an apprenticeship period o f 6 months, during which a
weekly wage o f not less than $7 should be paid for 3 months, and $9
for the second like period. While these rates are not high compared
with those fixed by boards in some other States, they were felt to be
“ in harmony with the increased cost o f living of the present day, and
with the increased knowledge of the board established for the pur
pose of making these recommendations.” It was said that the atti
tude o f the boards making the recommendations, after the four years
o f experience under the law, might be taken as an index of the public
thought and sentiment on the subject.
The order fixed not only a wage rate, but also working conditions
and hours o f labor. The basic work day was declared to be eight
hours, with a weekly day of rest. Overtime should be permitted only
in case o f emergency, the total work time not to exceed 55 hours in
any one week; time in excess o f the basic day to be compensated at
the rate o f time and one-half.
W ith the omission of the provisions as to working conditions the
order is reproduced on page 312.
EFFECT
OF THE LAW .
Despite the active opposition of considerable groups of employers,
there seems to have been no actual discharge of women on account o f
the rates fixed. Indeed, it is evident that the rates named in the or
ders were too low to attract male workers of experience or ability;
neither does there seem to have been any injurious effect on industry,
though the expressions of fear have continued. Much complaint is
made by the garment manufacturers that they have to meet the com
petition o f the convict labor of Missouri in certain fields o f coarse
products. On the other hand the statement was made by various em
ployers in Kansas City that they had to pay rates above the minimum
in order to secure labor in competition with the offers o f employers on
the Missouri side.
A provision of the law that gives rise to some complaint and has
also afforded some difficulty in enforcement is the 20 per cent limita
tion on the number o f minors and apprentices employable in mer
cantile establishments. Some inclination was shown to go beyond
this limit, especially in the 5 and 10 cent stores, while other employers
seem to have the opinion that $5 per week is the proper maximum
amount for bundle wrappers. However, through the activities of
KANSAS.
113
the commission, it has been able to secure adjustments quite gener
ally conforming with the law.
As to whether the minimum tends to become the maximum, it was
said that there was an apparent ground for reaching that conclusion,
since so many women were receiving amounts below the rates fixed
that their advance thereto made it appear that this was the standard
rate for the industry. However, with the passage of time, advances
became apparent until, during the latter part of 1919, when the
United States Bureau of Labor Statistics made some investigation
in Topeka and Kansas City, it was clear that industrial conditions
controlled in at least a large number of cases, and amounts consider
ably above the minimum were being paid. This investigation covered
13 establishments in Topeka, employing about 2,000 females, and
1 1 establishments in Kansas City, employing 1,300 females. It was
generally said at that time that the rates in force und.er the orders
were practically of no effect on the wages paid to their women and
girls. Some department stores use the minimum as the entrance rate
but do not care to retain women whose services are not worth more.
One reported its largest groups of women receiving from $12 to $15
a week, another from $12 to $20, with a number of women receiving
higher wrages up to $25 and $30 per week. One large employer o f
women in the State admitted that when the order first went into effect
it called for a very heavy addition to the pay roll, but at the present
time all the wages were above the requirements of the order. A laun
dry in which 50 per cent of the girls were colored reported no one
employed at the entrance rate fixed by the commission, while experi
enced workers were paid from $1.50 to $4.50 more than the minimum.
Other rates reported were $10.50 per week in the packing room o f
a milling company, $12 in the sausage department of a packing
house, $13.50 in a soap factory, $14.50 in meat-packing establishments,
etc. In the dry-goods and 5 and 10 cent stores visited $9 a week was
said to be the rate for beginners. A number o f the employers spoke
of the law as satisfactory or 44 all right,” though occasional reference
was made to the feeling of resentment when the law first became effec
tive. Corporations having establishments throughout the State ad
mitted that the girls in the smaller towns still would be receiving but
$5 and $6 per week but for the law, while in the larger cities the same
class of workers were making from $10 to $15, or considerably above
the minimum.
Organized labor has been a constant support to the work of the
welfare commission, and the employees are said to have welcomed the
measures adopted by it. There is also a considerable degree o f sup
port given by women’s clubs and others interested in social welfare
in the State. As in other States in which the welfare commission has
general powers as to employment conditions, much o f the opposition
to the action o f the commission is directed to the subject o f hours,
complaint as to wages being frequently subordinated. For instance,
one laundry manager offered no objection to the rate but felt that
the shortening o f hours worked a hardship, saying that he wrould
rather pay a minimum of $12 than to have the hours reduced, since
this action interfered with the getting out of rush work.
37559°— 21------- 8
114
OPERATION OF T H E LAW S.
MASSACHUSETTS.
SKETCH OF THE LA W .
This State is the pioneer in minimum-wage legislation, its original
law haying been approved June 4, 1912, it being the only law enacted
on the subject that year. The passage of the law had been preceded
by an investigative commission which was appointed in 1911 “ to
report on the advisability o f establishing a board or boards to which
shall be referred inquiries as to the need and feasibility o f fixing
minimum rates of wages for women and minors in any industry.”
This commission consisted of five persons, one of whom was a woman,
one a representative o f labor, and one a representative o f employers.
Quite extensive investigations were made, and material derived from
the investigations o f the United States Bureau of L ab or30 (now the
Bureau o f Labor Statistics) in the State was also made use of. The
total number o f women whose working conditions w ere thus brought
under review amounted to more ihan 15,000 in four important indus
tries in the State. It was found that of the 13,845 females for
whom weekly wages were ascertained, 22.2 per cent received less than
$5 per week and 55.3 per cent less than $7, while only 31.4 per cent
were receiving $8 or more. An utter lack o f standards was dis
closed, establishments doing practically the same kind o f work and
turning out products o f similar grades paying widely varying rates.
Thus in the candy industry, where 41 per cent o f the adult women
received less than $5 per week, it was found that o f the 11 establish
ments covered the lowest wages were confined to 4 factories, in one
o f which 53.3 per cent o f the employees received less than $5 per
week; in the other 7 factories no employee o f 18 or over received so
low a wage.
Similar differences were found in retail stores and laundries, large
establishments in Boston paying less than was paid in suburban
localities or in smaller cities in other parts of the State. These d if
ferences showed clearly the ability o f the establishments paying lower
rates to deal more generously w7ith their workers, inasmuch as com
peting establishments were far in advance in these respects. Whether
this was due to inefficient management or whether they were making
unusual profits, they were in either case doing business at the expense
o f their employees. The commission therefore recommended legis
lation on the grounds set forth in its conclusions, summarized in the
language quoted on page 14.
The law as enacted provided for an administrative commission
consisting of three persons, one o f whom might be a woman, to be
appointed by the governor for terms o f three years. No salary was
provided, but $10 per d&y as compensation, with the addition o f
traveling and other expenses, were to be allowed. For the present
organization, see page 116. The commission was to inquire into the
wages paid females employed in any occupation in wThich it had
“ reason to believe that the wages paid to a substantial number of
such employees are inadequate to supply the necessary cost o f living
and to maintain the worker in health.” I f the investigations showed
36 R e p o r t on c o n d itio n o f w o m a n a n d ch ild w a g e e a rn e r s in th e U n ite d S ta te s, S. D oc.
N o. 645, 6 1 s t C ong., 2 d sess.
MASSACHUSETTS.
115
the need of such action a wage board was to be established consist
ing of not less than six representatives of employers in the occupation
in question, an equal number of representatives of the female em
ployees therein, and one or more disinterested persons to represent
the public. These were to be appointed by the commission but should
not exceed one-half the number of representatives for either of the
other parties.
The recommendations of the boards are subject to approval or re
jection by the commission, either in whole or in part, or the subject
may be recommitted to the same or a new board. The law is not com
pulsory, but the weight of public opinion is relied upon as an enforce
ment measure, the board being authorized to publish names of em
ployers who fail to comply with the orders.
In establishing rates, wage boards are directed to take into con
sideration not only the needs of the employees, but also “ the finan->
cial condition of the occupation and the probable effect thereon o f
any increase o f wages paid.” Rates may be reconsidered at any time
on petition of either employers or employees and the subject may
be referred either to the original wage board or to a new one. Wages
for minors are determined by the commission without the interven
tion of a board. The law contains the practically general provisions
as to subpoenaing witnesses, issuing licenses to substandard workers,
punishment of employers for discriminating against employees act
ing on boards or testifying, and requirements for reports.
Amendments to the law have been made from time to time, one
in 1913 requiring only that a majority of the members of the wage
board agree to recommendations instead o f two-thirds of the mem
bers. The original law permitted an employer to file a declaration
stating that to comply with the decree “ would endanger the pros
perity 55 of his business; this was amended by requiring him to state
that compliance “ would render it impossible for him to conduct his
business at a reasonable profit.” The same act of 1913 likewise
advanced the penalty for discharging or discriminating against em
ployees from $25 to not less than $200 nor more than $1,000 for each
offense. It is clear that all these amendments tend to facilitate the
working o f the law and to standardize its provisions.
In 1914 the requirement that there should be at least six repre
sentatives of employers and employees respectively was stricken out,
and provision was made for merely “ an equal number of representa
tives ” of the two parties. Employers and employees are to be re
quested to nominate the representatives, from which nominations
the commission shall select names i f f u r n i s h e d within 10 days
after the request. Other amendments relate to administrative pro
cedure, the most important one extending a broader protection to
employees acting as members o f the wage boards or as witnesses.
An amendment of 1916 directed that the commission should con
tain an employer of women, while another member might be a
woman and the third a representative of labor. Three amendments
were made in 1919, one of which authorizes the commission to fill
vacancies that may arise on any wTage board after it has been estab
lished. This amendment was necessary to meet a condition that
arose following the resignation of members of a board after its
organization, by which, it was held by the attorney general of the
116
OPERATION OF T H E LAW S.
State, the board was rendered officially unable to function. The
present power o f the board to fill vacancies will prevent the possi
bility o f its being delayed by such action, whether collusive or in
voluntary. The other amendments relate to the posting of notices,
etc., by employers on the request o f the commission, and the keep
ing of records in such detail as the commission may request.
A far-reaching change was made in the organization o f the admin
istrative body by another act o f the same year (ch. 350, Acts of 1919),
which reorganized the executive departments and administrative
functions o f the State government. This act abolished the mini
mum wage commission existing under the provisions of the act of
1912, and transferred all its rights, powers, and duties to the depart
ment o f labor and industries established by the act making this
transfer. This does not affect the general method of procedure
through wage boards, but does change the personnel, and brings
the minimum-wage activities into relation with the entire group of
labor lawT administration. An amendment of 1920 makes a further
change in regard to the selection o f representatives of employers
and employees by directing that the nominations provided for by
the amendment o f 1914 shall be twice the number of the persons
to be actually selected. Failing this, the commission shall select at
least one-half from the names furnished, and make the remaining
appointments directly. The constitutionality of the act was unsuc
cessfully attacked in 1918. (See pp. 46 and 47.)
COMMISSION AND
STAFF.
Under the organization act of 1919, the department of labor and
industries has for its head a commissioner, with an assistant commis
sioner, who may be, and in fact is, a woman. There are also three
associate commissioners, one o f whom must be a representative of
labor and one o f employers of labor, all to be appointed by the gov
ernor with the advice and consent of the council. The assistant com
missioner is given charge specifically of all matters relating to women
and minors, and is to exercise duties and authority in accordance
with the directions of the commissioner, with the approval o f the
associate commissioners. The three associates constitute a board of
conciliation and arbitration, and also exercise the functions pre
viously vested in the minimum wage commission, except as to matters
of an administrative nature.
In accordance with these provisions a division o f minimum wage
has been created in the department o f labor and industries with the
assistant commissioner at its head. The associate commissioners
constitute the other members o f the division. This makes the com
mission a salaried body, devoting its time to the various duties de
volving upon it, only a part o f which, o f course, relate to the subject
o f minimum wages. The assistant and associate commissioners re
ceive salaries not exceeding $4,000 each per annum in an amount
determined by the governor and the council.
Under the prior organization the executive officer o f the board
was a secretary appointed by the commission, who received a salary
fixed by the commission, subject to the approval of the governor and
council. The first commission consisted o f an attorney at law, a
professor o f political science at Harvard University, and the sec-
MASSACHUSETTS.
117
retary of the Women’s Trade-Union League. The attorney resigned
after a brief service and was succeeded by a retired clergyman, who
served one year, and whose successor the council refused to confirm,
so that there was a vacancy for nearly one year, when a manufacturer
was appointed. Other changes took place in the membership, only
one, the woman representative, remaining throughout the existence
o f the commission as it was provided for by the original law. Be
sides its secretary, there was a staff o f four persons, a statistical
clerk, a stenographer, and two investigators; other investigators were
appointed according to the necessities and funds available. For a
number o f years the commission had use o f about $18,000 annually,
the approximate costs in 1920 being reported as $22,000.
Under the present organization, while certain persons are neces
sarily charged specifically with the duties connected with the ad
ministration o f the minimum wage act, there will be an overlapping
o f functions and costs as between these activities and others which
the members of the minimum wage division are called upon* to ex
ercise.
ESTABLISHMENT AND ENFORCEMENT OF BATES.
The necessity of acting through a wage board, especially in view
o f the ruling of the attorney general that no change in its member
ship could take place during its existence, made for deliberation and
delay; and though the original principles have been retained, the
clear purpose of the various amendments has been to facilitate pro
cedure, the commission itself having offered suggestions along the
lines developed by its experience under the law.
The statute charges the commission with the duty of a preliminary
investigation such as will enable it to form its opinion as to the neea
of a substantial number of females receiving higher wages to meet
the necessary cost of living. The method adopted at the beginning,
and maintained practically throughout, has been to secure transcripts
o f pay rolls, or if piece rates are paid, a schedule o f the rates. Dur
ing the first six months’ activities investigations were made in three
industries—the brush industry, the corset industry, and the confec
tionery industry. Transcripts for 52 weeks preceding the investiga
tion were sought, and wage records were obtained for nearly 7,000
workers in the three industries named. Besides this much personal
data were secured as to age, living conditions, etc., There was also
a study o f the processes in which the women were engaged, and
whether the work was done by hand or machine.
Following the investigations, in which the manufacturers as a rule
cooperated freely, it was concluded to initiate the work o f fixing
rates with the appointment o f a wage board in the brush industry.
This became therefore the field in which the activities o f the commis
sion were first developed, and the means of introducing the law to
the workers and employers o f the State.
The designation of a chairman by the commission and the formula
tion o f rules to govern the board, together with jurisdiction over
questions arising in connection with its activities, give the commis
sion full power over its procedure, but without control o f its findings.
Any information that the commission may have may be transmitted
to the board, and the recommendations o f the board are to be passed
118
OPERATION OE T H E LAW S.
upon by the commission, but can not be modified by it. A tentative
approval o f any recommendation is to be submitted at a public
hearing, for which at least 14 days’ notice is to be given, after which
a final determination may be entered in a decree to be effective at a
time set by the commission.
Promulgation is accomplished by publication o f the findings and
recommendations o f the commission “ at such times and in such man
ner as it may deem advisable.” The original act required publica
tion in at least one newspaper in each county, the act being amended
in the interest o f economy, some counties in the State not being at
all affected by some o f the orders. Enforcement in the strict sense is
not provided for, but the publication o f the names o f delinquent
employers is authorized. No such list has ever been published,
though the commission has published lists o f those who have com
plied with the orders in the various trades or employments. The
method o f determining compliance is one of a general inspection, and
it was in this connection that the test of constitutionality was brought
in regard to the Massachusetts law. Employers in the laundry busi
ness refused to permit an inspection of their pay rolls, and the com
mission proceeded to apply for a writ compelling a report as to
the wages actually paid. With the upholding o f this right, the com
mission has continued to exercise this prerogative, but has no power
under the law to enforce either the payment o f the minimum wage
or to procure the collection of unpaid balances where less than the
minimum is paid. In a few instances employers are reported to
have made up this difference, but it is not generally done. Em
ployees are able to learn o f the existence o f the law through the re
quirement that a copy o f the orders shall be posted in the various
establishments, and a few cases of complaint have occurred; but with
the powerlessness o f the commission it is clear that no great signifi
cance would attach to the complaints in any case.
While there is a penalty provided for the discharge o f employees
for activity in connection with the fixing of the wage rate, or any
discrimination, it has been found very difficult to reach exact conclu
sions on this point. Reports of discrimination or discharge have
reached the commission, but no case is said to be actually known,
even if suspected. In such cases the employer announces other
reasons why discharge was made, and it is difficult or impossible to
disprove his statements. Unorganized workers hesitate to take a
stand, but the commission is not able to say whether or not such fear
is warranted. Members o f unions are more assertive. However, it
is not felt desirable in any case that the representative o f the workers
should be an employee of an employer on a wage board.
The working of the law is expected to be facilitated under the
present system o f organization. Friendly relations existed between
the minimum wage commission and the labor department as formerly
organized. Under the present arrangement of a general organization
with a minimum wage division it is believed that the general situa
tion will be improved. The inspection made in 1919, covering about
25,000 women in 1,030 establishments, disclosed only about 150 viola
tions, the report for the year stating that “ very few cases o f noncompliance were found, and all of these have been adjusted.” The
decision o f the Supreme Court in 1918, above referred to, went far
MASSACHUSETTS.
119
to give the commission a standing which it had not theretofore
enjoyed; while it is also said that many employers have changed their
attitude, as they have come to recognize the effect of the law in dis
crediting, if not eliminating, undercutting in wages by cheap em
ployers. The mandatory posting and inspection are automatic aids
to enforcement. However, the inspection of 19.20 showed less satis
factory results than in 1919, as will be noted below.
Newspapers are required to publish, at the regular rates for the
space taken, all findings, notices, and decrees of the commission;
they are exempt from actions for damages for publishing the names
o f recalcitrant employers, as are also the members of the commission,
unless there is a willful misrepresentation of facts.
W AGE BOARDS.
The original law fixed the number of representatives of employers
and employees, respectively, at not less than six for each group, not
more than one-half that number to be added as representatives of the
public, but it did not specify the mode of securing representative
appointments. Amendments strike out the numerical limitation, but
require that representation shall be equal as between employers and
employees, retaining the same ratio for public representatives as
before. Methods of nomination are also established by the amenda
tory act. In practice the provisions of the law as first enacted led
to the appointment of wage boards consisting of 15 persons, and this
practice has generally continued regardless of the wide latitude
allowed by the present la w ; exceptions, however, have occurred.
The first amendment on the subject merely called for a sufficient num
ber of nominations to constitute the board. This provision made it
possible for a dominant organization or combination to fill the nomi
nations and practically compel their appointment by the commission
without regard to its opinion o f the qualifications or representative
value o f the persons named. A later amendment requiring at least
twice as many nominees as appointees, together with a grant of
power to the commission to fill one-half the places with persons o f
its own choice unless the full quota of nominations is made, prevents
the packing o f a board with persons felt not to be representative.
When a board is to be organized, notice is sent to the employers and
employees in the industry under consideration, who alone are author
ized to take part in the nominations. However, it is not required that
the persons selected by either party shall be engaged in the occupa
tion. The commission has prepared circulars o f various kinds for
the purpose of securing the cooperation of the employees and em
ployers, setting forth the purpose of the board, its duties, the method
o f the selection of members, their qualifications, the protection offered
by law, their compensation, etc. These are in the form both of indi
vidual communications and of posters to be put up in the establish
ment. That the commission is not eager to exercise its prerogative
o f making selections independent of nominations is evidenced by
the fact that when a circular letter of June 8, 1920, failed to secure
a sufficient number of nominees from the workers in the industry
affected, a follow-up circular was prepared on June 23, calling atten
tion to the fact that an insufficient number of names had been sub
mitted, and extending the time 10 days, This second letter called
120
OPERATION OF TH E LAW S.
attention to the fact that the commission is authorized to fill vacancies
if nominations are not made. The incident also discloses the fact
that in a scattered and unorganized group of workers there remains
either a lack o f interest or a feeling of timidity, in spite of the rather
protracted period of operation of the law. Besides the individual
method of nominations, workers may be called to a mass meeting
for the purpose.
The chairman of the wage board is selected from among the rep
resentatives o f the public, and in some cases has been the sole repre
sentative. He does not vote except in case of a tie. The importance
of a judicious selection is evident from the fact that he stands be
tween interests often conflicting, though he is also to take part in and
guide the discussions, a for he is primarily a member of the board, not
an arbitrator.” The experience of one of these is illustrative. He
found the two parties hostile and set in their views, employers being
inclined to delay proceedings by failure to appear. In setting forth
his own attitude toward the law and their duties, he was able to con
vince both sides o f his impartiality, but he also assured the employers
that the proceedings would continue in their presence or in their
absence. He succeeded in establishing a feeling of unity and mutual
respect between the two groups and obtained a unanimous report
from the board.
This experience accords with the expressed view of the commission
that public representatives are a most valuable help, tending to secure
a broader view of the subject than the parties immediately concerned
are inclined to take, and they have emphasized the fact that what the
board has under consideration is not merely the giving of benefits to
one class as against another, but the improvement of industrial con
ditions in the interest of the Commonwealth. Some public repre
sentatives have been called upon to serve on more than one board.
No evidence appears o f any tendency toward professionalism by the
members o f the wage boards, nor can it be said that the operation of
the law has produced any feeling of class spirit among the unor
ganized workers affected by it. A better coordination o f interest be
tween employer and employee is said to be recognizable, due to the
contact secured in carrying out the provisions of the law. The com
mission itself is powerless to modify findings, but where the pro
visions are severable it may accept part and reject part.
It has never occurred that a public hearing has resulted in chang
ing tentative recommendations, although there was a re-reference
following the hearing in one instance, which resulted in formal re
arrangement o f subject matter, but no actual change.
An amendment of 1920 gives the commission the right to reconvene
the board on its own motion if such action appears to it necessary;
and even prior thereto it had taken steps to recommend action by way
o f petition to meet changes in the cost of living shown by the index
figures as presented by the United States Bureau of Labor Statistics.
Meetings of the boards are usually held in the office of the commis
sion in the statehouse at Boston and at night, as a rule, so that mem
bers residing within short travel distance are not compelled to lose
time from their employment. Board members receive their travel
expenses and the same compensation as jurors—now $4 per day. This
amount is allowed for each meeting held on separate dates, the com
mission estimating that weekly meetings are preferable and that a
MASSACHUSETTS.
121
report should usually be arrived at after six or eight meetings.
Members coming from a distance, so that they must remain overnight,
are also paid hotel expenses on the submission of proper vouchers.
Proceedings are confidential during their progress. The secretary
of the commission acts as secretary of the board, and no member o f
the board may employ a stenographer or other clerk to take account
o f the proceedings. The record may be made public if approved by
the commission. In their instructions to the boards, the commission
lays stress on the advisability of establishing a minimum, not a
standard, rate, applying to the average worker rather than to the
skilled employee. The term “ experienced ” does not appear in the
Massachusetts law, though it appears regularly in the orders issued
under its provisions. The requirements of exactness in the matter of
wage classifications are to be avoided in the interests of securing an
easily applied and administered decree. The time when the rates
fixed should become effective is not set by the law, and the commis-.
sion invites the board to include this provision in its recommenda
tions. The recommendations are based on the action of the majority
o f the members of the board, and if provisionally approved, a public
hearing is called, which members of the board are expected to attend
on the same terms as at a regular meeting of the board. The boards
are in a sense continuing bodies, the commission having fixed a term
o f three years for their continuance, and then they may be recon
vened for the purpose of revising the rates.
GENERAL
CONSIDERATIONS.
The fundamental requirement that a minimum wage should sup
ply the necessary cost of living and maintain health has remained
dominant in spite of the provision that the financial condition of
the industry is to be taken into consideration. However, this pro
vision has not been without its effect, especially in times of depressed
conditions; thus the brush board reported in January, 1914, that it
believed the brush industry was “ not in condition to pay as high a
minimum wage or to bring it as near the actual cost of living as
many other industries in the State.” In May, 1915, the laundry
board regarded the existing industrial depression as ground for
recommending for the present a minimum weekly wage 77 cents
below the estimated cost of livin g; while in August of the same year
another board thought that the schedule adopted by it “ is as high
as the retail stores o f the State will be able to pay until industrial
and business conditions shall have shown a marked improvement.”
On the other hand, the candy board, February, 1915, thought that
that industry could pay a wage sufficient to cover the estimated cost
o f living, and the same is true of the paper-box board, which re
ported in 1920.
The basis o f the conclusions of the wage boards is rather the gen
eral returns by the commission and the State labor office than any
specific representation by employers. Either inadequate or incom
parable accounting methods, or reluctance to give information relat
ing to the industry made it impossible for the investigators to arrive
at conclusions as to the financial condition o f some of the industries.
In no case has an employer gone to the court in an attempt to show
122
OPERATION OF TH E LAW S.
that the payment of the minimum wage would render the conduct o f
his business unprofitable.
The provisions o f the Massachusetts law relate to occupations as
separate units, calling for wage boards to consider the occupation in
question as distinct from all others. This has led to the appointment
of a comparatively large number of boards, and a corresponding
variety o f conclusions. The commission does not recognize different
needs for different employments, and does not approve the variations
in the rates fixed. The opinion was expressed that local conditions
might properly be considered, but this is not permitted by the law.
The principal need, however, was said to be for more flexibility to
meet changes in the cost of living, with power to smooth out un
justifiable differences such as have developed under the law as it
stands.
As regards minors the commission is free to act without the media
tion of a board, though boards are authorized to make recommenda
tions o f suitable wages for minors as well as for learners and ap
prentices. The term u minor ” includes persons o f both sexes under
18 years o f age. The requirement of the law in regard to them is
simply that the wage shall be “ suitable,” which does not imply selfsupport, the presumption being that in the earlier stages o f em
ployment at least they are not solely dependent and are not render
ing full service, so that they may properly receive less than a living
wage. The prerogative of the boards in regard to fixing learning
periods is said to have been abused at times by fixing too long a
period for learning, even in semiskilled employments. Little use has
been made o f substandard licenses, the secretary reporting in June,
1920, that perhaps only 40 in all were in force, that they had only
been called for since the advance in rates, and are mainly confined
to the clothing industry.
ORDERS AND RATES.
B R U SH IN D U S T R Y .
The first investigation made applied to the brush industry, this
being one of the three already noted as subjects o f the commission’s
activity during the first six months of its existence. These indus
tries were chosen on account of the large proportion of woman
workers among the employees, and the low level o f wages indicated
by previous reports and investigations. In the brush industry, every
known establishment in the State employing women was studied.
Because o f irregularity of employment and defectiveness of records,
with other reasons, satisfactory wage data were procurable for only
597 females. O f these 17.6 per cent received less than $4 per week
and 66.2 per cent less than $6 . Only 42 workers, or 7 per cent of the
total, received as much as $9.
Obvious conditions of underpayment called for the organization
o f a board, which was appointed for a term of three years, though
i f representatives of either employers or employees changed their
status, they thereby vacated their position. The commission also
declared its purpose to remove any member of the board failing to
attend the meetings or otherwise displaying unfitness for service,
vacancies to be filled in such manner as the commission might desig
MASSACHUSETTS.
123
nate. This initial board was constituted o f 15 persons, the law re
quiring at least 13. The industry was relatively a small one, and
this fact and the question o f expense influenced the commission to
recommend an amendment allowing a smaller number to be ap
pointed. The mode o f appointment was entirely in the hands of the
commission, and it invited nominations from employers and em
ployees. The manufacturers responded in two cases, the employees
making three nominations from which two appointments were made.
Manufacturers appointed were with a single exception willing to
serve, as were also workers, though some o f them feared the effect
o f such service upon the tenure of their positions. This feeling was
found to be generally without foundation, though two workers were
laid off immediately after their appointment as members of the
board— a matter to which the commission directed its attention but
was not able to prove that the act of dismissal was due to the
appointment.
The board first met in December, 1913, continuing its sessions until
June o f the following year, reaching its final report on the 12 th of
that month. This board arrived at a tentative conclusion early in its
proceedings that $8.71 was the necessary weekly allowance for the
cost of living, though at a later date a budget establishing $8,28 was
favored. Certain omissions were noted in the latter budget, and it
was concluded that it was not a true living wage, though variations
between individuals might make it possible to maintain life and
health with an amount not less than $8 but which “ in many cases ”
may rise to $9 or more.
The fact that the industry as a whole paid low wages was regarded
as disadvantageous to it, more adequate compensation being regarded
as being advantageous to the employer, the employee, and the public.
The recommendation was therefore made that a rate of 15-J cents
an hour should immediately go into effect, and at the end of a year’s
time this should be advanced automatically to 18 cents unless the
manufacturers in the meantime should justify the recommendation
o f a lower rate. Learners and apprentices should be paid 65 per
cent of this minimum during a period of one year. The rate named,
assuming an average week of 50 hours with regular employment,
would yield a weekly rate o f $7.75, which was above the earnings of
79 per cent of the employees at the time the industry was in
vestigated.
On August 3, 1914, the commission issued its first decree, being
effective August 15, embodying only the primary recommendation of
a minimum o f 15$ cents per hour, with 65 per cent of this amount
payable to learners and apprentices and an apprenticeship of not
more than one year. The provision as to an advance to 18 cents at
the end o f one year was omitted.
An inspection of the pay rolls of 23 establishments was made in
the months o f November and December following the date when the
order went into effect, but the change in tariff and the outbreak of
the war in Europe complicated the situation so that the conclusions
were felt to be of doubtful value. Some employers claimed unem
ployment by reason of the increased rate which the decree required
them to pay, though the commission was of the opinion that the
general business depression was largely responsible, while the war
in Europe interfered with the procuring o f the customary supply
124
OPERATION OF TH E LAW S.
of bristles. The rate fixed at this early date has remained without
change, and has been rather generally accepted with the exception
of the period during which the laundry workers led the fight against
the constitutionality of the law, when a number of employers in the
brush industry announced their purpose to disregard the order.
The order is reproduced on page 313.
L A U N D R Y IN D U S T R Y .
Next in order of time to the decree fixing rates in the brush indus
try is the one relating to work in laundries, though investigations
o f other industries preceded the investigation in this industry. How
ever, various causes operated to delay determinations in the corset
and confectionery industries, postponing the issuance of decrees for
a number of years in both cases.
The investigation o f the laundry industry was begun in January,
1914, and included 36 representative establishments in which tran
scripts o f the pay-roll records for each female employee were taken
for the preceding year. O f 2,961 women for whom average weekly
earnings were obtained, 25 per cent received less than $5 per week
and 51.5 per cent less than $6 , only 8.2 per cent receiving as much
as $9. In some occupations the percentage of low-paid employees
was much greater, 93.7 per cent o f the shakers receiving less than
$6 weekly; 79.1 per cent of the catchers and folders and 78.1 per
cent of the feeders fell in the same low-wage class. Striking differ
ences between different establishments appeared in this regard, one
paying 33.9 per cent of its women less than $5 per week, another 39
per cent, another 56.1 per cent, and another 57.1 per cent. Other
establishments had no workers whatever at these low rates, and
others very small percentages, as 1.2 per cent, 2.2 per cent, 3 per
cent, etc.
The report clearly warranted the establishment of a wage board.
The commission held meetings for laundry workers in the large
cities of the State, at which the law was explained to the employees,
and they were asked to nominate persons as their representatives on
the board. Similar requests were addressed to the Launderers’ As
sociation o f the State and to other employers. The board as consti
tuted contained six employers and six employees selected from those
nominated, and a single representative of the public, who was, of
course, the chairman. This board began its sessions in September,
1914, and appointed a subcommittee to investigate living costs for
women in laundries in various parts o f the State. The board finally
agreed on a weekly living cost o f $8.77, but in its report in May,
1915, took the view that there was a necessity, due to the financial
condition of the business on account of the existing industrial de
pression, to fix a rate below the estimated cost of living, and accord
ingly recommended $8 as the minimum for experienced females of
ordinary ability. To attain experience, a period of one year was
allowed, with a beginning wage of $6 per week, advanced to $6.50
after 3 months, to $7 for the third quarter, and to $7.50 after 9
months’ experience. The order became operative on the 1 st of Sep
tember, 1915.
Compliance with this order was rather grudging, a number o f em
ployers failing to post the notices, despite the authorization granted
the commissioners in this respect by the amendment of 1915, An
MASSACHUSETTS.
125
inspection was undertaken in November following the coming into
effect o f the order to determine the degree of compliance with it.
Employers generally declined to comply with the express provision
o f the law directing them to permit an examination of their records
for this purpose, and resort to the legal powers of the commission
was made necessary. Employers subpoenaed to appear with their
records declined to meet the commission, alleging that the law was
unconstitutional. It was this contention, to which reference has
already been made, that led to the decision of the supreme court o f
the State in Holcomb v. Creamer (p. 46) in which the law was up
held. The legal contest was prolonged, a decision being announced
only in September, 1918. In the meantime the commission was pre
vented from using its power of publicity against violations o f
decrees, and was therefore handicapped in its activities in various
directions. The action of other existing wage boards was delayed
by reason of the same question of constitutionality. In the meantime
the Supreme Court o f the United States had affirmed, by an equally
divided court, the constitutionality of the Oregon statute, which was
mandatory, so that no inducement remained for an appeal by the
defeated employers in the Massachusetts case.
This decision enabled the first thorough inspection o f laundries
since the decree went into effect to be made in the early part of the
year 1919. Pay-roll records of 2,441 women and girls in 120 laun
dries in the principal cities and towns o f the State were inspected,,
representing approximately one-half of the women employed in this
occupation. Only 16 cases of noncompliance were found, affecting 1 1
firms. O f these, nine were adjusted by an increase in wages, one em
ployee left the employment before an adjustment was reached, and
five were given licenses as substandard workers, the remaining case
being of a similar type.
The order appears in full on page 313.
R E T A IL
STORES.
Next in the order of issue was the decree of the commission regu
lating the employment o f women in retail stores. The field work for
the study o f this subject was carried on in the autumn o f 1914, co
operation with the United States Bureau o f Labor Statistics being
afforded by the investigation begun by it in Massachusetts in Oc
tober.37 O f the total number o f women for whom average weekly
earnings were obtained, 6,449 in all, 33.9 per cent received less than
$6 per week, 66.4 per cent under $8, and but 14.4 per cent received as
much as $10 . A special study was made o f employees in 5-and-10-cent
stores, covering 418 female workers. O f these, 84.4 per cent were
found to be receiving less than $6 and but 1.2 per cent received as
much as $10 weekly.
A board o f 15 members was therefore established, which found the
cost o f living for mercantile employees to be at least $8.50 per week,
and probably somewhat more, though it did not deem it necessary to
determine in exact terms and in detail what such cost should be. It
accordingly recommended a minimum rate of $8.50 per week, one
37 Unemployment among Women in Department and Other Retail Stores of Boston,
Bui. No. 182 of the United Statesi Bureau of Labor Statistics.
126
OPERATION OF THE LAW S.
employer refusing to sign the report. This was said to be as high
a schedule as “ the retail stores o f the State will be able to pay until
industrial and business conditions shall have shown a marked im
provement.” This report wras dated August 15, 1915, and public
hearings were held August 23 and 26, after which the commission on
September 15 issued its decree fixing the rate recommended as the
minimum for experienced workers. No female should be regarded
as inexperienced after one year of service after reaching the age of
18 years. Nonconseeutive services should be taken account of unless
the absences were o f unreasonable duration. A beginning wage o f
$5 per week was prescribed, though if the worker had reached the
age o f 17 years not less than $6 should be paid, and i f 18 years of age
not less than $7. This report being so nearly unanimous, it wTas much
more widely accepted than had been the case with the laundry de
cree. The rates became operative January 1, 1916, and notifications
o f acceptance were received by the commission from proprietors of
stores employing about 12,000 women and girls.
(See pp. 313
and 314.)
An inspection to determine the degree o f compliance with the de
cree covered 955 establishments and 16,036 full-time workers. In
606 o f these, mostly where women were employed only for office work,
no changes had been necessary to meet the commission’s recommenda
tions. In 115 establishments, employing on the average 13 women
and girlsy a degree o f noncompliance was discovered. In the remain
ing 234 establishments, employing on the average 54 women and girls
and including most o f the large department stores, compliance was
very general, only 1.6 per cent o f the female workers being paid rates
lower than the minimum established for the different classes o f work
ers. The wages o f nearly 6,000 full-time workers were known to have
been raised on or about January 1, 1916, the increases ranging from
50 cents to $4.50 per week. In the noncompliant establishments 48.4
per cent o f the women and girls received less than the minimum rates.
In view o f the facts developed the commission recommended a man
datory law, since these small proprietors were knowingly obtaining
an advantage over their more conscientious competitors, and showed
no indications o f voluntarily abandoning their position.
Later inspections have shown a quite general payment o f at least
the minimum, and when the matter o f revision was being considered
by the commission in 1920 it was learned by investigation that a mini
mum o f $10 was pretty generally paid in retail stores, and no further
steps were taken at the time.
W O M E N ’S CLOTHING.
The next decree made by the Massachusetts commission related to
wages in the women’s clothing industry, though investigations in
other fields either preceded or were contemporaneous with that on
this subject. The investigation preceding tfre organization of the
board was made by the commission in May, June, July, and August,
1915, covering 36 establishments in 7 cities and towns of the State.
Eliminating those workers who were employed for so brief a time
that their earnings could not be considered as a substantial part of
their support, records were made o f 1,961 females employed in the
various branches o f this industry. It was found that 50.1 per cent
MASSACHUSETTS.
127
o f the workers earned less than $0 per week, and only 12.1 per cent
earned as much as $9.
Conditions in the industry were further investigated by the wage
board, its survey revealing u anarchical conditions.” Many small
establishments s*prang up with little capital, which was often ad
vanced by the large retail stores. This resulted in inefficient manage
ment and poor working conditions, unrestrained competition, and
a correspondingly high business death rate. The established houses
necessarily felt the effect of such competition, u forcing prices down
to the out-throat level” Even where it would seem more probable,
there was little uniformity in the management or in rates of wages
paid or in methods of cost accounting. When asked the probable
effect o f a suggested minimum, some replied that it would not affect
their business at all, others that better management and more efficient
labor would meet the situation, others that their profits would be
slightly decreased, and others that they would be put out of busi
ness in the State. “ The investigation indicated all of these pos
sibilities.” The board was organized early in 1915, and consisted
of 15 members. It held 16 meetings, reaching its conclusion, which
was unanimous, on July 17, 1916, the minimum determined upon
being $8.75 for a full week’s work by an experienced woman. Mini
mum rates o f $6 and $7 were recommended for learners and ap
prentices, according to their age and experience.
The report of this board was notable for two things, one being an
inclusion in the budget o f 25 cents per week as an item for savings.
This brought the weekly budget agreed upon, also unanimously, up
to $8.98. With the omission o f the item for savings, therefore, the
budget practically agrees with that accepted by the brush, candy,
and laundry boards previously reporting.
The second item of importance is the recommendation by the board
that the minimum-wage law should be so amended as to establish “ a
mandatory minimum wage at the earliest possible date.” This
“ would tend to equalize wages and relieve the more progressive
factories o f competition with sweatshops and family shops.” On
the other hand where the better employer accepted the act, it in
creased the inequality between him and the irresponsible, cut-throat
recalcitrant.
The commission accepted the recommendations as to wage rates,
and no evidence being submitted at the public hearing to show that
the wages were unreasonable, or that the financial condition of the
industry forbade such rates, they were established. This hearing
was held on August 3, 1916, and the rates were fixed September 28;
but in accordance with the recommendation o f the board, they came
into effect only on February 1,1917, “ in order that the industry may
anticipate the change and put its house in order.” The weekly rate
o f $8.75 was to be paid to a woman o f ordinary ability “ who has been
employed in the women’s clothing industry for one and one-half years
or more, after reaching the age o f 18 years.” No one o f the age of
18 should receive less than $7 per week and younger workers not less
than $6, i f of ordinary ability.
The first inspection following the coming into effect o f this decree
was made during the busy spring season, and covered 400 establish
ments located in 13 cities and towns. It appeared that the great
majority o f the establishments were complying with the decree,
128
OPERATION OF TH E LAW S.
clothing factories and custom-tailor shops observing it almost com
pletely ; while in custom-dressmaking establishments only about onehalf were conforming. A second inspection, less extensive, in Novem
ber, 1917, disclosed 8.4 per cent of the women receiving less than the
minimum wage fixed, for one-third o f whom wage adjustments were
made, and one special license was granted for a substandard worker.
A reinspection in December, 1918, and January, 1919, showed a
considerable increase in rates as compared with the previous inspec
tions, the proportion of women receiving $10 and over per week
being 26.2 per cent of the total in the preliminary inspection in 1915,
51.9 per cent in the inspection in 1917, and 87.5 per cent in the in
spection of 1918-19. Cases o f noncompliance affecting eight per
sons in two firms were discovered in this latest inspection; of these,
two were adjusted by an increase in wages, the remainder being o f
the special license type.
What is said o f another industry is obviously true o f this—that
though the returns showed a considerable advance in earnings since
the time that the rate was fixed, exceeding in many cases the deter
mination of the commission, costs of living had advanced still more.
It was to meet this situation that the wage board for women’s cloth
ing was reconvened early in 1920, following a petition submitted by
the employees in accordance with the provisions o f the law, for the
purpose o f revising the existing rates. It is interesting to note the
constitution o f this board, all three representatives of the public on
the former board being found upon the reconvened board. O f the
six employers’ representatives, three were on the former board and
three were newly appointed; while o f the six employee representa
tives, four former members appeared, two new appointments being
necessary. The board met for organization on January 14, 1920.
Employee members found the cost o f living to total $15.73 per week,
including 50 cents for savings. The other members o f the board
adopted a weekly budget o f $15.25, dropping 20 cents from savings,
8 cents from recreation, 5 cents from vacation, 10 cents from church,
and 5 cents from doctor and dentist fees. They agreed on the
principal features o f board and lodging, $9.50, and clothing, $3.25.
All agreed also on a laundry bill of 45 cents, 18 cents for education,
20 cents for carfare, and 10 cents for incidentals.
There was unanimous agreement for a minimum wage o f $15.25 per
week, which at the date o f its adoption was the highest entered for
any occupation in this State.
A public meeting to consider the recommendations of the board
was held on the 24th o f April, following which the commission es
tablished a decree effective July 1 , 1920, making the weekly rate
for experienced workers $15.25; for learners and apprentices, who
have reached the age o f 18 years not less than $ 12 , and for all others
not less than $10 per week. W ork for 35 weeks was considered a
year’s work.
The order appears in full on page 314.
A survey running from July to November, 1920, covered 177 estab
lishments, transcripts o f the wages o f 1,664 women being secured;
157 cases of noncompliance were found in 60 firms, 4.9 o f which were
adjusted by the raising o f wages. Four special licenses were granted,
10 girls left the employment, and the remaining cases were pending
at the date of the report. “ The most noticeable effect of this decree
MASSACHUSETTS.
129
has been its tendency to standardize wages in the industry. As a
result o f its operation, the wages of women in the dressmaking estab
lishments, where the workers are unorganized, have been brought
more nearly to the level existing in the factories and custom-tailoring
establishments where trade agreements exist.’5
M E N ’S CLOTHING AN D R A IN C O A T TRADES.
The fifth order issued by the commission bears date of October 26,
1917, and relates to women employed in the manufacture of men’s
ready-made clothing (coats, overcoats, vests, and trousers) and of
raincoats. The commission’s preliminary study of these occupations
was begun in December, 1915, and completed in June, 1916. Tran
scripts o f pay rolls were secured in 28 clothing and 15 raincoat estab
lishments, covering 1,132 workers. As in women’s clothing, there is
wide diversity of conditions, home and contract work and employ
ment in small establishments complicating the situation. Both the
nature o f the work and the prevalent conditions conduced to call for
higher rates of pay, though not to the extent appearing in succeeding
years. It was found that 42.8 per cent o f the women in these trades
earned less than $6 , and 78.1 per cent less than $8, only 13.7 per cent
earning as much as $9 per week.
The board o f 15 members held its first meeting April 23, 1917, and
continued its work until June, holding 1 1 meetings in all. At that
time it was unanimously agreed that the cost of living was not less
than $10 per week, but when the effect of such a wage upon the
financial condition of the industry was considered, it was felt by all
members o f the board “ that it would be unwise to impose so heavy
a burden upon the industry as the budget determined upon would
entail.” This board was the first to be established to carry on 44its
work under war conditions, and to face the problem o f adjusting a
schedule of minimum-wage rates to the rapid changes in the cost o f
living and in the profits of industry due to the war.” These condi
tions were regarded as abnormal and probably temporary, and the
recommendation was made having in view a revision that would pre
sumably be necessary in order to protect the interests of both parties.
The weekly rate recommended by the board, $9 for experienced work
ers and $7 for apprentices, was tentatively approved by the com
mission and adopted after a public hearing held in August, to be
effective January 1 , 1918. “ Experienced” was held to mean having
had one year’s employment.
An inspection made early in 1918 to determine the degree of com
pliance showed that of 99 establishments visited 88 were complying
fully with the provisions of the decree. In 1 1 firms 19 cases o f viola
tion were found, representing 1.1 per cent of the total number o f
women for whom wage data were secured. In two of these cases
the wages were adjusted to meet the requirements of the decree,
while in 13 special licenses were granted. Comparing wage data
for clothing factories for 1915 and 1918, it appears that at the earlier
date but 22.5 per cent of the women investigated were receiving as
much as $9 per week, while in 1918 the number was 77.8 per cent;
while in raincoat factories the number had increased from 25.2 per
cent to 86.2 per cent. A reinspection in 1919 showed but one case of
3 7 5 5 9 °— 21------- Q
130
OPERATION OF TH E LAW S.
noncompliance among 1,195 women and girls employed. This was
adjusted by raising the wage. Striking increases, due to economic
conditions, were discovered, showing that but 5.3 per cent of the
women employed were receiving as little as the minimum of $9;
however, nearly one-half were earning less than $13 per week.
The increased cost of living led the employees in these industries
to petition for a revision of the rates, and the board was reconvened
October 24, 1919, with, however, eight new members to supply va
cancies in the board. This board unanimously agreed that the mini
mum was too low and decided upon a revision using as a base their
former recommendations and determinations. Five meetings were
held, a unanimous report being made November 26, 1919. It was
estimated that the cost of living for women in the industry had ad
vanced approximately 50 per cent, calling for a weekly budget of not
less than $15. It was also decided that the financial condition of the
industry was such at the time as to enable it to “ stand a minimum
wage which will meet the cost o f living.” It was therefore recom
mended that a $15 rate be adopted for experienced workers, learners
and apprentices to receive not less than $10 , and other workers not
less than $7, the rates to become operative February 2 1 , 1920.
The commission provisionally approved this determination and
called a public hearing for December 27, 1919. No opposition being
offered, a final approval was made on the same date, to be effective
at the time named by the board. This order appears in full on
page 314. After its inception a survey was made and wage records
secured for 2,578 women, employed by 182 firms. In 173 firms, em
ploying 97 per cent of the women, full compliance was found, there
being but 12 cases o f noncompliance in 9 firms. A ll of these were
adjusted, 7 by raising wages and 5 by the issue o f special licenses.
M E N ’ S F U B N ISH IN G S.
O f even date with the foregoing, a decree was made establishing
rates for a considerable range o f occupations grouped under the
general term “ men’s furnishings.” Included in this decree is the
manufacture o f men’s and boys’ shirts, overalls or similar garments,
men’s neckwear, etc., and men’s, women’s, and children’s garters and
suspenders. The field work by the commission in studying these
industries was begun in January, 1916, running through until Sep
tember. Only 23 establishments furnished pay-roll records available
for tabulation, giving earnings for 2,658 female workers. O f these
37.7 per cent were found to be receiving less than $6 per week, 71.9
per cent less than $8, and. but 15.8 per cent as much as $9 . As in the
other sewing industries, there were the conditions o f home work and
small establishments, while some o f the products, notably overalls
and work shirts, were found to be made in considerable numbers by
prison labor.
The board for this industry was the largest up to date, due, no
doubt, to the variety o f interests affected, and consisted o f 7 repre
sentatives o f employers, a like number o f employees, and 3 repre
sentatives o f the public. Nominations were made by individual
employers, but 3 of these were subsequently withdrawn, and the
names o f 6 persons unanimously selected by a group o f 20 manu
facturers representing all the various trades were submitted, These
MASSACHUSETTS.
131
6 were chosen and 1 other, who had been individually nominated,
while 7 of the 15 representatives of employees named and the 3
disinterested persons selected by the commission made up the board
o f 17 members. This board completed its deliberations on the 4th
o f October, 1917, its first meeting having been held on the 7 th of
June, there being eight meetings in all. Without dissent the board
took as its basis of discussion a budget of $10.45, this going slightly
beyond earlier estimates. Meetings of this board lacked the harmony
that had existed in some of the other groups, three o f the employer
members resigning prior to the sixth meeting, and two more prior
to the seventh. The employers were requested to submit evidence as
to the suitability o f the budget total as a minimum wage, taking into
consideration the cost o f living of the employees and the expenses
and profits of the employers. No evidence was presented on the sub
ject by them, and at the seventh and eighth, meetings of the board,
attended by the 7 employees and the 3 members representing the
public, there was a unanimous agreement to recommend a minimum
rate o f $9 per week, $1.45 below the estimated cost o f living for women
over 18 years of age in the manufacture of neckwear, after one years
experien 6e. Beginners, regardless of age, should receive $7 per
week, after a six weeks’ initial experience, during the first one-half
year, and $8 per week during the second similar period, these rates
to be effective on or about February 1, 1918.
The commission provisionally accepted these recommendations,
and notified employers o f a public hearing to be held October 20,
1917. No evidence was submitted at this time to show the undesira
bility o f these rates, and on October 26 the amounts recommended
were adopted for the various occupations noted above. This order
appears in full on pages 314 and 315.
An inspection begun in February, 1918, covering 39 establishments,
found full compliance with the recommendations of the commission
in 22 establishments, while in 17 there were 39 cases of violations.
O f these 11 were adjusted by an increase in wages, and in two cases
licenses for substandard workers were granted. In December, 1918,
and in 1919 a somewhat wider survey was made disclosing 25 cases
o f noncompliance in 14 factories. O f these 16 were of the special
license type, 7 cases were met by raising wages, and 2 workers
left the employment o f the firm, one by discharge and the other
voluntarily. Employment conditions in these industries were not as
favorable as in the men’s clothing and raincoat industries, since while
but about 10 per cent had rates below $9 per week, 50 per cent had
rates below $12, and very few received as much, as $15.
WOMEN'S MUSLIM UHPEHWEAB, ETC.
The seventh decree of the commission fixed rates for a group of
occupations representing a variety of products, the decree enumerat
ing muslin underwear, petticoats, aprons, kimonos, women’s neck
wear, and children’s clothing. A preliminary investigation was made
in this field during the months o f March, April, May, and June, 1916,
and January, 1917. Fifty-one shops and factories in the various
parts o f the State were visited, but pay-roll records were available in
but 36. However, these were representative of practically all lines
o f the occupations covered, and gave data fox’ 2,481 female employees.
132
OPERATION OF TH E LAW S.
There was considerable difference in the wage rates in the different
industries, the percentage of the employees engaged in each industry
receiving less than $5 per week being as follow s: Muslin underwear,
29.1; petticoats, 7.9; aprons and kimonos, 35.3; women’s neckwear,
28.9; and children’s dresses, 38.3. Taking all groups together, 48.2
per cent received less than $6 per week and 80.2 per cent less than $8 ;
only 10.9 per cent of the total earned as much as $9 per week. The
piece-rate system prevailed in the industry, and there was also con
siderable home work. The industries covered by this decree are
affected by somewhat different conditions, many of them being
located in small cities and towns where opportunities for employment
are comparatively few ; while the petticoat industry, in which the
number o f low-paid employees was least, is centralized in the city o f
Boston.
The appointment o f a board followed the investigation, 15 mem
bers being appointed. A meeting was held at which employers were
given an opportunity to discuss the facts developed by the in
vestigation, and to indicate their attitude as to the organization of a
wage board. They were found ready to cooperate, and the board was
organized, holding its first meeting October 24,1917. Fourteen meet
ings were held, and on March 15, 1918, the board recommended a
minimum rate of $9 per week after one year’s experience in the
needle trades, one-half of which shall have been in the factory in
which the worker is for the time being employed, and lower rates
were recommended for beginners, the rates to become effective
July 1 , 1918.
These findings were based on an estimated cost o f living o f $9.65
per week, this cost being scaled quite considerably to reach the
minimum recommended, as has been the case in the great majority of
Massachusetts rulings. It was the opinion of the board that the
industry could not properly be called upon to pay a higher rate in
view o f the conditions o f competition with manufacturers in other
States. The recommendation finally made received the unanimous
vote o f all members of the board present, including the three repre
sentatives of the public, one representative o f the employers, and five
representatives of the employees. Some members of the board were
not present at the time of this adoption and later proposed that the
workers be divided into two classes, machine operators and other
workers, and that for the latter group a lower wage be fixed. Other
changes were also suggested, but on consideration all were rejected.
The commission provisionally approved the recommendations
noted, and a public hearing was set for April 26, 1918. Employers
offered a number of objections, principally that the rates for appren
tices were unreasonably high, especially for the younger girls. There
was also no minimum wage named for beginners. The commission
considered these objections of sufficient merit to warrant a resubmis
sion to the board that a more satisfactory conclusion might be
reached. A t a meeting held June 7 the first recommendations were
canceled and a fuller schedule was proposed, starting at $6 per week
for inexperienced workers, a minimum of $7 to be paid to females not
less than 18 years o f age with at least 3 months’ experience in the
needle trades, $8 to be paid after 6 months, and $9 at the end o f one
year. A month’s delay was made in the date o f the order becoming
MASSACHUSETTS.
133
effective. These recommendations were signed by the full board, and
were approved after a public hearing held June 28, the decree bear
ing date o f July 1 . It is given in full on page 315.
An inspection made in November and December following covered
77 firms, and wage records were secured for 1,695 women and girls.
Full compliance was found in 59 firms, 39 violations being disclosed
in 18 firms. Increases in rates were made in 18 cases, special licenses
granted in 1 1 , and 10 women left the employment of the firms. In
the inspections made in 1915-16 it was found that but 10.9 per cent
o f the women were receiving as much as $9 per week, while in 1918
74.3 per cent of the workers were in this class. The commission re
ports, however, that the advance in wages is not comparable with
the increase in the cost of living within the same period.
A reinspection, August to November, 1920, secured records for
1,719 women in 81 places of employment. Only two cases of low
wages were found, both being adjusted by the payment of higher
wages. One-third of the women were found to be receiving less than
$12 per week, and more than one-half (56.6 per cent) less than $15.
R E T A IL M IL L IN E R Y .
An investigation begun in December, 1916, and extending to
March, 1917, studied the wages of women employed in the manu
facture and trimming of millinery. The entire field was covered,
including the making and trimming of women’s and girls’ hats and
bonnets and the production of millinery goods. The subject was
found to fall under four principal heads, hat factories, flower and
feather shops, wholesale millinery shops, and retail millinery shops.
This last includes workrooms in department stores, the wholesale
shops! covering establishments in which hats are made up and
trimmed for* sale to retail dealers. The first group is the only one
in which machine processes are used, flowers, feathers, and orna
ments being generally made by hand processes.
In all, 190 establishments were visited, though but a few of these
furnished data in a form available for the use o f the commission.
Trimmers and designers were found to be relatively well paid.
These, however, were the minority of the workers, the larger part
(72.1 per cent) being classed as makers and apprentices, many of
them receiving less than a living wage. Nearly one-fourth (24.8
per cent) o f the total number of women employed in retail millinery
establishments received less than $6 joer week, 39 per cent received
less than $8, and 33.2 per cent received $10 or more. Trimmers con
stituted 17.4 per cent of the total, and their relatively high pay is
reflected in the fact that 12 per cent of the total number of workers
received $14 per week or above.
The wage board constituted for this industry consisted o f but
seven members. It held its first meeting on April 16, 1918, and on
May 7 submitted to the commission a unanimous report. The costof-living budget agreed upon amounted to $11.64 per week, but the
wage board’s recommendation was influenced by the finding “ that the
retail millinery trade in Massachusetts is not in excellent condition.”
The weekly scale recommended was a $10 rate for female employees
19 years o f age or over, who had at least 4 seasons’ experience in
millinery workrooms, $7,50 for those 18 years of age or over having
134
OPERATION OF T H E LAW S.
at least 3 years’ experience, $6 for those 18 years o f age or over who
had at least 2 years’ experience, $4.50 regardless o f age for those who
had at least 1 season’s experience, and $3 for beginners, 12 weeks to
constitute a season. The very low rates for beginners were advisedly
set, inasmuch as “ the board does not look with favor upon high
wages for young girls in the millinery trade.” The older girls, those
17 years o f age or over, were to be advanced twice a year during the
period o f apprenticeship, which was to fall within a period o f two
years.
A provisional approval by the commission was followed by a pub
lic hearing on June 28. No one appearing in opposition to the
recommendations, the decree was issued on July 1 , to be effective
August 1 , 1918.
The decree appears in full on pages 315 and 318,
An inspection begun later in the same year and completed in 1919
extended to 174 workrooms, wage records being secured for 562
women and girls. A number of reinspections were also made for the
purpose o f making wage adjustments. There were 14 cases of vio
lations found in 13 shops, 4 of which were settled at once by wage
adjustments, and in 4 others the women left the employment o f the
under-paying firms. A reinspection showed that in four other cases
wages had been raised, and in the two remaining the women had left
employment. As against 24.4 per cent of the workers receiving less
than $7 per week in 1916, only 7 per cent were in this wage group in
1918-19. The proportion receiving $10 and under $ 11 was practically
the same at the two periods, 14.1 per cent at the earlier date and 14.4
per cent at the later. The number of higher paid employees, those
receiving $15 per week and over, advanced from 12.9 per cent t.o 36.3
per cent.
In the late fall o f 1920, but one case o f noncompliance was found
in 205 workrooms in which 715 women were employed, and this was
adjusted by raising the wage. A considerable advance over the
rates and earnings shown by the previous inspection wTas also indi
cated.
W H O L E S A L E M IL L IN E B Y .
As noted above, the investigation made between December 28, 1916,
and March 19, 1917, covered all branches of the millinery trade.
The conditions seemed to warrant separate boards for the retail and
wholesale branches, and they were accordingly considered separately.
In wholesale establishments pay-roll records were available for tabu
lation for 393 women. O f these it appeared that 23.4 per cent
received less than $6 per week, 46.8 per cent received less than $8, and
28 per cent received $10 or more. Onty 3.3 per cent received as
much as $15.
An investigation o f the wages in the wholesale millinery estab
lishments was made by the commission in the summer of 1918.
This showed but slight improvement in wage conditions, a substan
tial number o f women still receiving inadequate wages. A conference
was therefore held with employers, and the establishment of the wage
board was proceeded with. The first meeting was held October 10 ,
and after four meetings, on November 13, the board submitted a
unanimous report. Like the retail board this consisted o f seven mem
bers, and like it found that the cost o f living had increased so that
MASSACHUSETTS.
185
earlier standards could no longer be accepted, A weekly budget
o f $12.50 was approved by this board, but the practice of fixing a
lower wage rate was again followed, a minimum of $ 11 per week
for experienced workers being recommended, with a scale of rates
ranging from $6 to $9 for learners and apprentices. The commis
sion accepted this report and called a public hearing for November
30. No opposition being offered, the commission thereupon entered
a decree, to be effective January 1,1919, adopting the proposed rates.
The order is reproduced on pages 316 and 317.
An inspection to determine compliance was begun shortly after
the decree became effective, 28 establishments being visited and 841
individual records being secured. Full compliance was found in 22
establishments while in 6 there were 10 cases o f noncompliance.
In six o f these wages were raised, two were of the special license
type, one woman left employment, and the other one was discharged.
Comparing the conditions at the two inspections, before and after
the decree, it appears that in 1916, 26.2 per cent o f the workers in
wholesale millinery received less than $10 per week; while in 1919
but 1.7 per cent were in this group. In the manufacture of straw
hats 20.5 per cent o f the workers received less than $7 per week in
1916, none receiving so low a wage in 1919. Those receiving $15 and
over comprised 2 per cent o f the total in wholesale millinery in
1916 and 19.7 per cent in 1919; while in the straw-hat establish
ments the percentages were 7.1 per cent at the earlier date and 40.4
per cent at the later.
OFFICE AN D O T H E R B U IL D IN G CLEANERS.
The subject matter o f the tenth wage decree is one that presents
problems not appearing in any other occupation. The work is usually
done at night when the occupants o f the buildings are absent, and
was found to occupy from 18 to 56 hours per week of the time of the
women employed, a few working even less time. O f 847 women for
whom scheduled hours o f labor were reported, 23.4 per cent worked
less than 30 hours per week and 65.8 per cent less than 38 hours,
These figures indicate a considerable amount of leisure time, though
a study o f supplemental gainful employment showed that but 11.3
per cent o f the total number for whom information wTas obtained had
such employment. The women as a class were older than those of
the other occupations, two-thirds o f those investigated being over 40
years o f age. The number reporting that they lived at home or with
relatives formed 96.4 per cent o f the total giving information on this
point. It was necessary therefore to consider the subject in a some
what different manner than that adopted in other occupations.
The investigation was made in April, May, and December, 1917,
and in January, 1918, 201 buildings and institutions being covered.
Local customs differed considerably, the majority of the buildings
located in Worcester, Springfield, and Lowell, and the four smaller
cities studied employing no women. In 101 buildings found to have
female employees, wage records were available for a full year for 64,
employing 1,249 women. O f these 30.3 per cent earned less than $6
per week, 89.1 per cent earned less than $8 per wTeek, and only 3.7 per
cent earned as much as $9.
136
OPERATION OF TH E LAW S.
The employers of these women were chiefly managers or real
estate agents and in but a minority o f the cases were they the actual
owners of the buildings. Considerable stress was laid by these men
upon the importance o f keeping down the operating expenses if the
stockholders who owned the property were to receive a fair and just
return upon their investment. They also claimed that the wages of
women in this line had increased considerably during the year of the
investigation, and questioned the propriety of establishing a living
wage standard for an occupation which was so largely done by parttime work. However, a wage board of 15 members was established,
which held its first meeting April 10 , 1918, and on June 19 submitted
a majority report fixing the minimum cost o f living at $11.54 per
week. It recommended a minimum rate of 30 cents an hour for
nightwork if amounting to less than 40 hours per week, and 26 cents
an hour for daywork if amounting to less than 45 hours per week,
with provision for a $12 weekly minimum wage in case of day or
night work in excess o f these hours. This is notable as suggesting a
higher minimum wage than the reported cost o f living.
A minority report of June 21 recommended a minimum hourly
rate o f 25 cents. Desiring unanimity, the commission resubmitted
the subject to the board on July 15, and a second majority report
resulted on July 18, recommending 26 cents an hour for the day shift
and 30 cents an hour for the night shift without a minimum weekly
rate. Provisionally approving this recommendation the commission
called a public hearing for August 12 , at wThich time employers ob
jected to the flat hourly rate as operating unjustly against buildings
having a long night shift. In connection with this objection tech
nical questions were raised as to the extent of the powers of a wage
board. These were referred to the attorney general, thus some
what delaying final action; subsequently (August 22 , 1918) the mi
nority submitted a second report, acknowledging that outside parttime employment was difficult to secure, and agreeing that 42 hours
of this kind o f work done at night should constitute a week’s work.
This report dwelt upon the financial condition o f the industry, and
recommended a flat rate of 26 cents per hour, which would produce
$10.92 for a 42-hour week and $9.36 for a 36-hour week. The com
mission considered all the evidence, and finally approved the major
ity report, fixing 30 cents for nightwork (between 7 p. m. and 8
a. m.) and 26 cents for daywork. No provision was made for expe
rience, the nature of the employment being such as the average
working woman could easily take up.
An inspection as to the effect of this order, which became effective
April 1,1919, showed increases in weekly rates ranging from 50 cents
to more than $2 per week. Inspection was made o f 207 office and
other buildings employing 1,354 women. Full compliance was found
in 200 buildings, 42 cases o f noncompliance appearing in the other
7 , but all o f these were adjusted by an increase in wages to meet the
requirements o f the decree. Inspections showed that instead of 27.9
per cent of the workers receiving less than $7 per week, as in 1916-17,
only 2.9 per cent received less than this sum in 1919, and that 73.5 per
cent received $9 and over at the later date as against 5.6 per cent in
1916-17.
In August, 1920, the associate commissioners of the department
of labor and industries, acting as a minimum wage commission, voted
MASSACHUSETTS.
137
to reconvene the wage board in this occupation. This action was
taken independently of any petition of either employers or em
ployees, being authorized by an amendment of the act which had
just come into operation. Prior to this petition was necessary, and
the women and girls affected by this decree “ either did not know
about this provision or were afraid to take advantage of i t ; so that,
during the period when the cost of living was steadily advancing, it
has been o f little protection to them.” The commission reported
that “ owing to the hours o f work peculiar to this occupation, ap
proximately one-half of the women averaged less than $10 per week ”
on the rates established by the existing decree. Supplementary em
ployment being practically unobtainable, the earnings for the 30
or 40 hours worked represent the entire weekly income for most o f
these women. In accordance with this determination, a meeting of
the reconvened board was called for October 21,1920, consisting prac
tically o f the membership of the original board, one public repre
sentative and one representative of employers being the only
exceptions.
Instead o f making a new budget of cost of living this board sim
ply increased the old rates by a percentage corresponding to the
increased cost, or 33^ per cent, which it derived from reports o f
the United States Bureau of Labor Statistics. This gave a cost o f
$15.40 per week, and this amount was accepted as a standard, as was
a week o f 42 hours. For part-time employment a rate of 37 cents
per hour was named. It was found that most workers were em
ployed about 33 hours per week, and earned $10; under the new
hourly rate this amount would be increased 22 per cent, making the
wage $12.21 for this amount of work. The difference between day
and night work was eliminated. The order appears on page 317.
CANDY
M A K IN G .
Although the decree relating to the employment of women in candy
factories was not issued until July 19, 1919, and was the eleventh
in serial order, the industry was one of the first investigated by the
commission. Indeed this industry was one of the four selected for
investigation by the preliminary commission on minimum wage
boards which was appointed in 1911, and which recommended the
legislation o f 1912. One o f the early acts o f the new commission
was to arrange for a fuller investigation of this subject with a view
to bringing it under the operation of the law at an early date. The
field work was conducted in the winter of 1913-14, extending to 14
establishments selected as representative, and securing wage data
for 3,326 workers. Though there was considerable variety in the
earnings o f workers in the different branches o f the business, in
the aggregate 49 per cent earned less than $5 per week, 92.1 per cent
less than $ 8, and but 2.5 per cent earned as much as $9 weekly. Many
o f the workers were young girls, and a correspondingly large num
ber of them lived at home. However, the very low rates of pay led
the commission to organize a board on the subject, vdiich was done
in the spring o f 1914. Fifteen members were selected and the board
met from time to time for nearly a year, submitting a majority
report in February, 1915, which recommended a minimum wage of
$8,75 per week for experienced women, and also stated its opinion
138
OPERATION OF TH E LAW S.
that the industry was able to pay the recommended increase. After
two public hearings the commission approved these recommendations
and had in mind the issuance o f a decree to become effective October
1 , 1915. Before action was taken the commission was advised by
the attorney general that there had been a technical defect in the
organization o f the board which would probably invalidate its action.
This was due to an amendment to the law which became effective
during the time of selecting the wage board members, and to meet
the difficulty the commission undertook to reorganize the board.
The manufacturers duly nominated their representatives to the new
board, but afterwards applied to the courts for an injunction to re
strain the commission from proceeding further, alleging both that
the new board was illegally formed and that the law itself was un
constitutional. The commission ceased action on this subject and no
injunction was issued, the situation remaining unchanged for three
years. When the supreme court o f the State gave its decision in
September, 1918, upholding the constitutionality o f the law the com
mission decided to make a new study of the candy factories as a
guide to further action if found desirable.
In view o f the earlier investigations it did not seem necessary to
go so extensively into the subject as before, and the study was limited
to a wage survey o f 7 o f the 14 firms included in the earlier investiga
tion. These were representative both as to the nature of their
products and as to locality. The field work was done in October
and November, 1918, pay-roll records being secured for 1,675 women.
O f these 1,071 were employed for sufficient periods o f time to make
their earnings of value for the purposes o f the commission, and o f
these it was found that 17.6 per cent received less than $6 weekly,
45.1 per cent less than $8, and 76.7 per cent less than $ 1 0 ; 8.7 per
cent received as much as $12 per week. Compared with the study
o f 1913, an approximate advance o f $3 in weekly rates was dis
covered ; an advance in the age of the employees was also noted.
Following this study the commission called a public hearing on
the advisability of establishing a wage board. Employers present
asked for opportunity to submit additional data and the commission
deferred the organization o f the board accordingly. However, after
considering the material furnished the organization o f the board
was determined upon, and 15 persons were again selected to consider
this subject. The first meeting was held in May, 1919, 7 meetings
being held, until on July 26 a unanimous report was submitted nam
ing $12.50 per week as the minimum requirement to meet the cost
o f living. This amount was therefore recommended as the minimum
rate for an experienced woman o f ordinary abilit}7, with an $8 mini
mum for all other workers. This being provisionally approved, a
public hearing was set for July 19. No opposition being offered the
commission immediately promulgated the decree according to the
recommendations o f the board, it taking effect January 1 , 1920. E x
perience involved at least 67 weeks’ employment within a period
o f not less than 78 weeks. The order is reproduced on page 317.
An inspection conducted the first quarter of the year covered 110
establishments, employing 7,050 women. In 82 establishments em
ploying 97 per cent of the women, full compliance appeared; while
in 28 there were 206 cases where the rate fell below the minimum.
Three o f these were adjusted by receiving special licenses, in 177
MASSACHUSETTS.
139
wages were raised, 18 employees were discharged, and 8 left employ
ment. In 1918, 8.6 per cent of the women received above $12 per
week, while in 1920 this group comprised 53.9 per cent of the workers;
21.6 per cent received less than $9 weekly as against 62.8 per cent in
1918, thus showing a marked change.
C AN NIN G AN D PR E SE R V IN G .
A study o f the wage conditions of women and girls in Massa
chusetts employed in the canning and preserving industry was car
ried on during the latter half of the year 1918. Agents visited 60
establishments in 10 localities, securing wage data for 976 women, 587
of whom were employed by fish-canning firms, and 389 in other es
tablishments. However, but 660 records were available for tabu
lation, and o f these it was found that 28.5 per cent were receiving
less than $6 per week, 69.7 per cent less than $8, and but 3.2 per cent
as much as $ 10 . The organization of a wage board followed, the con
dition o f employees in these industries being regarded as especially
difficult because of the seasonal nature o f their employment and be
cause, not being “ a war industry,” wage advances had been slight
as compared with the increase in the cost of living. The board com
prised but seven members and held its first meeting on May 9, 1919.
After seven meetings on June 24 it submitted a unanimous report
based on a weekly budget o f $11 as the minimum to maintain a selfsupporting woman in this occupation. It was pointed out that this
amount was somewhat less than recent findings o f other boards,
which was explained by the reduction in the items for board and lodg
ing and for carfare. It was concluded that the financial condition
o f the occupation was such as to enable the payment of the full cost
found, and a rate of $ 11 was accordingly fixed as a minimum for
experienced employees. Other workers were to receive not less than
$8.50 per week. A year’s employment, not less than 40 weeks, was
to be regarded as qualifying for the standard minimum. A public
hearing was held on July 2 1 , when, no opposition appearing, a decree
was entered on that date to be effective September 1 , 1919. This
decree appears in full on pages 317 and 318.
Immediately following the inception of this decree, an inspection
w as made o f the pay rolls in 35 establishments, employing 650 women
and girls, to ascertain the degree of compliance. Full compliance was
found in 31 establishments, representing 98.5 per cent of the women
for whom records were secured. In four establishments there were
10 cases which required adjustment; in 9 of these wages were raised
and in the tenth a special license was issued permitting a lower rate.
Eleven firms furnished such information as enabled the commission
to decide the amounts of the increases made in behalf of 127 women.
O f these two received an increase of less than 50 cents; seven of 50
cents and less than $1; 86 o f $1 and less than $1.50; three of $1.50
and less than $2; 28 of $2 and less than $2.50; and one of $3 or more.
A reinspection during the fall o f 1920 secured records for 734
women in 33 establishments, but four cases o f wages below the mini
mum appearing. In three cases wages were raised, while the fourth
was a special license case. Though wages in this industry were still
low, the median rate had advanced from $11 and under $12 in 1919
to $13 and under $14 in 1920.
140
OPERATION OF TH E LAW S.
CORSET IN D U S T R Y .
As in the confectionery industry, the investigation in the corset
industry was begun quite early, but a combination o f circumstances
prevented the issuance o f an order until late in 1919. The first in
vestigation in this field took place in the latter half of 1913 (Septem
ber and October). Eight factories were studied in three localities,
wage records being secured for 2,388 women. Irregular employment,
defective records, and work at other than the processes of manu
facture o f corsets, eliminated 278 persons, leaving 2,110 for actual
tabulation. O f these it was found that 9.6 per cent received less
than $4, 35.5 per cent less than $6 , 68.7 per cent less than $8 , and only
16.4 per cent as much as $9 weekly.
A wage board o f 15 persons was accordingly organized in Feb
ruary, 1915, and its meetings began, continuing until the autumn of
that year. At that date the commission accepted the resignation of
one of the representatives of the employees, whereupon the attorney
general informed it that it was without power to fill resulting va
cancies— a power that the commission had assumed that it held, as is
evidenced by its statement to that effect in one of the rules governing
the brush wage board. The chairman of the board, a judge, further
advised that determinations reached by the board in the absence of a
full representation would probably be invalid. The action o f this
board was therefore suspended. This experience led the commis
sion to suggest legislation empowering it to fill vacancies that might
arise on wage boards, but the desired amendment was not enacted
until 1919. In the meantime the three-year term for which the board
was appointed expired in February, 1918. Following the decision o f
the supreme court in the same year sustaining the validity of the law
a new investigation was made to consider whether it was desirable to
establish a new board for this occupation; this began in May, 1919,
and was completed in the following month. Pay-roll records were
studied in 10 factories, 2 o f which were engaged in making custommade products, the others being the 8 factories represented in the
earlier study. These factories employed practically nine-tenths of
the women engaged in the industry in this State. The wages of 1,361
women were secured, showing 10.4 per cent of this number receiving
less than $6 , 27.6 per cent less than $8, and 47.6 per cent less than $10
per wreek. Only 32.9 per cent received as much as $ 12 .
While these rates showed considerable advances over the earnings
at the earlier date, the cost of living had also advanced, so that the
appointment o f a wage board was determined upon—this time of
seven members, taking advantage of the amendment of the law per
mitting the appointment of smaller boards. The first meeting was
held October 2 , 1919, and after nine meetings a majority report was
submitted December 9, only one member failing to sign. The budget
upon which action was based amounted to $13 per week, and the in
dustry was regarded as able to pay this sum. This amount was
therefore recommended as the rate for experienced employees, mean
ing thereby a worker at least 17 years o f age who had been employed
in the occupation for at least one year. Beginners, 17 years of age
and over, were to receive $10 per week, and younger workers $8.
These recommendations were provisionally approved, and a public
hearing called for December 27. No one appearing to oppose, the de
MASSACHUSETTS.
141
cree was issued accordingly bearing the date named and to be effective.
March 1 , 1920. The text is given in full on page 318.
An inspection made immediately following the date of the incep
tion of the order covered 15 factories and 1,612 women and girls. In
8 establishments with 72.6 per cent of the workers there was full com
pliance. O f 30 cases of noncompliance, 1 1 were adjusted by raising
wages and 3 by changing women from time to piece rates, at which
they were able to make the minimum; 10 were of the special license
type, while 6 women left the employment. In 1919 31.8 per cent
received less than $10 per week; in 1920 but 8 per cent received less
than that amount. Only 15.2 per cent had rates over $15 at the
earlier date, while in 1920 39.4 per cent were found in this wage
group.
K N IT GOODS OCCUPATION.
The fourteenth decree issued by the Massachusetts board relates to
employment in the manufacture o f knit goods other than hosiery
and underwear. An early investigation had been made covering the
entire field of hosiery and knit goods, the study being made in the
months of September, October, and November, 1915. A t that time
27 establishments in 15 cities and towns selected for their representa
tive value were visited and a transcript o f pay rolls obtained. O f
the 3,460 workers whose earnings were tabulated it was found that
11.8 per cent received less than $4 per week and 40.7 per cent less than
$6 ; only 13.4 per cent received as much as $9.
Considerable differences in the various branches of the industry
were disclosed, and no action was taken at that time regarding the
establishment of a wage board. A second investigation of this occu
pation was made in June and July, 1919, the first intention being to
cover all lines of knit goods. It soon appeared that the vari
ations found to exist in 1915 continued, the level of rates in staple
lines o f hosiery and underwear being above those paid in other
branches. The investigation was practically confined therefore to
manufactured knit goods other than these classes. A tabulation of
the wage records o f 344 girls and women employed in 8 factories
showed 8.1 per cent receiving less than $6 per week, 35.8 per cent
receiving less than $9 per week, and but 23.3 per cent receiving as
much as $12 .
Following this investigation a wage board was established consist
ing of seven members, which held its first meeting on November 7,
1919, nine meetings being held, resulting in a report on February 19,
1920, in which a budget totaling $15.30 per week was adopted. Con
sidering the subject of competition with other States and the number
o f small establishments in which considerably lower rates prevailed,
it was decided that an advance to this sum would be too abrupt a
change, and a final agreement was reached for a minimum wage o f
$13.75 per week for experienced employees, i. e., those having 40
weeks’ experience in the occupation. Beginners9 rates were fixed at
$8.50 regardless of age. Approval and a public hearing on March 13,
1920, followed, and on this date the decree was entered, to be effective
July 1 , 1920. This decree does not cover staple lines of hosiery and
underwear, but does apply to lines used for athletic purposes, and
special lines such as bathing suits, tights, and infants’ garments.
The text o f this decree is given in full on page 318.
142
OPERATION OF T H E LAW S.
In 29 establishments employing 1,096 females, but four eases o f
noncompliance were found on an inspection made following the
coming into effect o f this order. One of these called for a special
license, wages being increased in the others. Marked improvement
in the wage situation was in evidence, with a fair assumption that
this was largely due to the order. More than one-half (55.6 per
cent) were found to be receiving $15 per week or more, as against 9.9
per cent in 1919.
P A P E B B O X OCCUPATION-.
The fifteenth occupation for which a decree was issued related to
the paper-box industry. This is one o f the industries in which ob
stacles were put in the way o f final determination by the attitude of
the employers. The commission had studied employment conditions
in February, March, and April, 1915, investigating 24 establish
ments in 15 cities and towns of the State. Available wage records
were secured for 2,178 women and girls, of whom 16.1 per cent were
found to be earning less than $4 per week, 44.5 per cent less than $6 ,
75.7 per cent less than $8, and but 14.6 per cent as much as $9 weekly.
The organization of a wage board wras determined upon, and a full
board of 15 members was selected in the latter part of 1915, but no
meeting was then held, as the employers9 representatives declined to
go forward with the work o f the board until the constitutionality o f
the act had been passed upon by the courts. Following the decision in
the autumn o f 1918, a second investigation o f the industry was under
taken by the commission, being begun in February, 1919, and com
pleted the following month.
O f the 24 establishments investigated at the earlier date, 16 were
covered at the later period, 1,054 wage records available for tabula
tion being secured. A somewhat later investigation was made by the
New England Division of the National Paper Box Association, and
though there had been some increase in wages according to the later
report, taking into consideration the time involved, the results did
not materially differ from those disclosed by the commission’s in
vestigation, and neither of them indicated much actual improvement
in the wage situation since 1914. However, a considerable advance
in money wages is evidenced by the fact that at the time o f the com
mission’s second investigation but 8.5 per cent o f the workers were
receiving less than $6 per week, 26.9 per cent less than $8, and 48.5
per cent less than $ 1 0 ; 31.8 per cent received $12 and more. The
appointment o f a second board was determined upon, 15 members
being again selected. This board did not make its report until the
spring o f 1920, thus reflecting conditions “ at a time when the cost o f
living is at an unusually high figure.” It was also said to be “ a criti
cal period in industrial conditions,” and the board recommended that
the rate suggested “ be revised from time to time to meet changes in
the cost o f living, taking as a basis the index number for retail food
prices furnished by the Federal Bureau of Labor Statistics.” The
budget adopted by the board totals $15.50 per week. O f this, board
and room wrere fixed at $9 per week; clothing, $3.25; laundry, 60
cents; doctor and dentist, 50 cents; church, 15 cents; newspapers and
magazines, 25 cents; vacation, 50 cents; recreation and self-improve
ment, 50 cents; contingent, 40 cents; incidentals, 25 cents; and
insurance, 10 cents.
MASSACHUSETTS.
143
The industry was regarded as in a condition to pay the cost of
living thus determined, and that amount was accordingly required
for females of ordinary ability after nine months’ employment.
Learners 16 years of age and over should receive not less than $ 11
per week and others not less than $9, the recommendations to take
effect on or about July 1 , 1920. The board added the statement that
the decree was intended only to determine a minimum living wage,
and if the cost of living is to be reduced, “ it is essential that both
employers and employees cooperate to secure a maximum produc
tion.”
The recommendations of the board received a preliminary ap
proval, and a public hearing was held on May 22 , and on the 26th
o f the same month the decree was issued in accordance with the
terms o f the recommendation o f the board. It appears in full on
pages 318 and 319.
The first survey of this industry under the decree showed consider
able disregard of its provisions. There were 4,831 records secured
in 125 factories. In 68 plants 564 cases o f noncompliance were found,
of which but 354 had been adjusted at the end of the year. The
wages of 110 were raised, 68 time workers were put at piecework and
earned the minimum, 25 workers wrere granted special licenses, 1 was
discharged, and 135 left employment. Despite the “ serious difficulty
encountered in securing compliance ” with this order, its benefits are
apparent. Before the wage board was established only 6.3 per cent o f
the women had weekly rates as high as $15, while under the order
the proportion was 35.9 per cent. Those receiving under $12 totaled
74.4 per cent before as against 27.7 per cent after the order came
into effect.
M IN O R
L IN E S
OP
C O N F EC T IO N ER Y
AN D
FOOD
P R EPA R AT IO N S.
A large miscellaneous group of productions investigated in October
and November, 1919, was classed under the above general head. The
establishments investigated, 91 in number, were located in 25 cities
and towns, and pay-roll records suitable for tabulation were secured
from 35 establishments. O f these 24 were classed as food-preparation firms, manufacturing flavoring extracts, confectionery, and sodafountain supplies, and miscellaneous products, such as macaroni,
potato chips, peanut butter, maple sirup, prepared flour, and gelatine;
while 1 1 firms represented minor lines o f confectionery, as salted
nuts, nut brittle, stuffed fruits, chewing gum, and the like. Ob
viously the employments differed considerably, and establishments
were found to vary widely in the rates paid. Thus in minor confec
tionery, while but 2.8 per cent o f the 284 women employed for whom
earnings were secured received under $5 per week, one establishment
paid 50 per cent o f its workers this low rate, 75 per cent receiving
under $6 . Only 2 of the 1 1 establishments represented paid less than
$5 and only 3 paid less than $6 to any o f their adult workers. Sim
ilar differences appeared in the establishments producing food prepa
rations, though the latter group as a rule paid lower rates than in
minor confectionery. Taking both groups together 9.2 per cent of
the workers were found to receive less than $6 per week, 25.6 per
cent less than $ 8, and 50.1 per cent less than $10; only 27.1 per cent
received as much as $12 per week.
144
OPERATION OF TH E LAW S.
A call for nominations for members of the wage board was issued
on June 8, 1920, from which six representatives were to be chosen for
employers and for employees, respectively, three representatives of
the public to be selected by the division of minimum wage. This
invitation stated that names would be received up to June 2 1 . How
ever, on the 23d of that month an insufficient number of nominations
had been submitted for either employers or employees, and a circu
lar letter was sent out extending the time for submitting names until
June 30. Attention was called to the power, o f the commission to
name members without nomination where less than twice the number
o f names required are submitted. The completion o f the wage
board was accomplished in October, and a meeting for organization
set for October 28, 1920, at the statenouse.
OTHER INVESTIGATIONS.
Hotels omd restaurants.— Though no wage board has ever been
formed to consider recommendations as to the wages of women em
ployed in hotels and restaurants, this subject has been investigated
by the commission. The first inquiry was made in the seven months
from July, 1916, to January, 1917, covering 264 establishments, of
which 140 were hotels and 124 restaurants. Various parts of the
State were visited and tabulatable data for 2,411 woman workers in
51 establishments were obtained; records were also secured for 32
summer hotels employing 803 women.
The situation of workers in these establishments differs from that
found elsewhere, inasmuch as some receive board and lodging, some
board only, some but one or two meals a day, and some none at all,
though they may be able to purchase them at reduced prices; some
who receive three meals a day are not employed on Sunday, so that
they must have independent arrangements for that day. The re
ceipt o f room and board relieves also o f the expense o f carfare.
Some workers receive tips, though some of the more poorly paid are
employed where few tips, if any, are given. Part-time work is also
the practice in some restaurants, while summer hotels further compli
cate the problem.
The value o f the meals furnished was difficult to estimate, the em
ployers themselves naming rates ranging from $3 to $5.25 per week as
the cost of three meals per day. Many complaints were made by
workers as to quantity and quality o f food, several saying that they
found it necessary to purchase food outside the restaurants in which
they were employed, in order to be adequately nourished.
The commission estimated that workers receiving both board and
lodging should have a minimum wage of not less than $4 per week,
though 29 per cent of this group received a smaller sum. I f given
3 meals and no lodging, $7 per week was the estimated minimum in
cash, yet 85.4 per cent o f the workers in this group received less than
that amount. In spite of these low rates, when a public hearing was
held to consider the formation of a wage board, facts as to wage in
creases were submitted which led the commission to postpone action.
Two supplementary investigations were conducted as to restaurants
in 1918, one in February, and the other in July and August. These
showed a considerable improvement as compared with the first in
vestigation, though there were still several cases in which wages
MASSACHUSETTS.
145
were below the cost of living. The commission therefore issued a
letter to restaurant proprietors setting forth the facts and urging
the payment of a living wage. This bore date of August 28, 1918,
and explained why the appointment of the board had not followed
the investigation of 1916, and also stated that the investigation in
1918 had showed a pretty general increase in the minimum wage
paid. Since the greatest increase in the cost of living had been in
the item of food, and since restaurant workers were generally sup
plied with meals, it was said that most employers were giving their
female employees a sufficient wTage to cover the minimum cost. To
those who were not measuring up to the standard, an appeal was
made for better conditions for their workers in this respect, since by
underpaying “ they were not only handicapping their workers, but
also wevQ thereby operating in unfair competition with the large num
ber of proprietors who had met war conditions by bringing their
wage scale up to a living wage.” Cooperation was asked for to ob
viate these inequalities without the establishment of a board. No
mention is made of the subject in the report covering the year 1919.
Cotton textiles.—The largest investigation, numerically, ever un
dertaken by the commission was one covering the cotton textile fac
tories of the State. The field work was commenced in June, 1917,
continuing until February of the next year. In all 80 factories were
visited, from 72 of which pay-roll data were used. The establish
ments were representative of a variety of products and of the prin
cipal textile centers of the State. The smaller firms as well as the
larger were included in order to secure a complete showing. Records
for 64,529 female employees were secured, of which 54,345 were used
for tabulation. In 55 establishments, not only was a current pay roll
obtained, but also a comparable record for the first six months of the
year 1915. Comparison showed an approximate increase of from $3
to $4 in weekly rates in the two-year period, “ and even more con
spicuous advances would be shown if rates for 1918 could be pre
sented.”
The number of females employed in 1915 in the 55 establishments
used for comparison was 7,973 and in 1917, 9,591. At the earlier
date 16.8 per cent of the total were receiving less than $6 per week,
while at the later date there w^ere but 1.4 per cent in this group. In
1915, 60.6 per cent received less than $8 , while in 1917 but 10.5 per
cent were receiving this amount. At the earlier date but 0.5 per
cent received as much as $12 per week, while in 1917 the number had
advanced to 30.5 per cent of the total.
No steps w^ere taken toward the organization of a wage board for
this industry.
Loom harness.—The manufacture of loom harnesses is a minor
occupation in respect to the number employed, but was regarded as of
distinct interest not only because of its relation to the textile industry
of the State, but also because Massachusetts produces the greater
part of loom harnesses used in the United States and also exports to
the Orient. The level of wages was found to be considerably lower
than in the textile factories, to which this industry is a subsidiary.
Over one-half of the employees are women, their work being largely
unskilled or semiskilled.
3 7 5 5 9 °— 21------- 10
146
OPERATION OIT TH E LAW S.
The investigation made in July, 1919y secured earnings of 139
women. O f these 26.6 per cent were receiving less than $9 per week
and 38,1 per cent under $11; 37.4 per cent received $15 and over.
In the lowest wage group, those earning under $5, there were 16
workers, constituting 11.5 per cent of the total. Although this show
ing indicated the need of a minimum rate, the commission felt that
the number o f employees was so small that the money that would be
required for the expenditures and costs o f a wage board was more
needed elsewhere. Action in the matter was therefore deferred.
EFFECT OF THE LAW .
Some account has been given, following a number o f the decrees,
o f the material results disclosed by enforcement inspections. Results
of more extended studies have been presented in two of the bulletins
issued by the minimum wage commission (Nos. 7 and 1 2 ). The first
o f these is devoted to the effects o f the brush decree, and presents
conditions as they were discovered to be about a year after the decree
went into effect. The year covered by the operation o f the order
was one o f industrial depression, the unemployment situation being
almost unprecedented. No improvement was manifested at the end
o f June, 1915. That the employers in the brush industry were in
some cases vigorously opposed to the decree is beyond dispute, and
the opponents o f the act enumerated certain items o f their experience
and attitude as furnishing support to their position. A bill to repeal
the act was submitted in 1916, and various arguments were offered
in an attempt to secure the adoption o f this measure. As more satis
factorily meeting the situation, it was suggested that a Federal law
might properly be drawn, uniform in its operation throughout the
country, in order to control the factor o f interstate competition. In
the meantime the Legislature o f Massachusetts might perhaps prop
erly enact a law giving only investigatory powers to a commission
which should be able to secure the necessary data to insure an intelli
gent procedure. The Merchants and Manufacturers’ Association of
Massachusetts by its executive committee opposed the law as an at
tempt to fasten “ an insidious and mistaken principle ” upon the
life o f the business o f the State. This committee stated that “ nearly
200 women out o f the 700 affected in the brush industry were dis
charged the day after the decree became effective because unable to
earn the prescribed wage. Many of these women besought the com
mission to let them go back to work at the early prices, but in vain.”
The report of the commission does not bear out the assertion that
such wholesale discharges have taken place, and certainly not on ac
count o f the operation of the decree. In 16 firms inspected both in
1913, before the issue o f the decree, and in 1915, the year following
its issue, it was found that the number o f women employed was 334
at the later date as against 332 at the earlier date, and that the total
number of minors employed had increased from 36 to 51. On the
other hand the number o f men employed had decreased from 472 to
417, a result that could in no way be attributable to the minimumwage decree. In summing up its conclusion, the commission found
that the decree had been complied with in practically every case,
MASSACHUSETTS.
147
that there had been large increases in wages throughout the in
dustry,, and at the same time an increase in the capital investment
and the value o f products. a The employment of women and minors
has not given way to the employment of men, nor has the minimum
wage tended to become the maximum*”
The second bulletin on the effects o f the law related to conditions
in retail stores. The decree became operative January 1 , 191% fol
lowing which the commission arranged a systematic inspection of
pay rolls to determine the degree of compliance and the effect of
the decree where accepted. Wage increases were found to be neces
sary in about 900 o f the 1,000 establishments covered by the commis
sion’s investigation, affecting nearly 40 per cent of the women and
girls employed therein. In stores where advances were required to
meet the minimum set by the commission, the increases amounted to
46 per cent; where wages not less than the minimum had previously
been paid, the percentage o f wage increases was 2 0 ; and in stores
where lower wages were paid and no attempt was made to follow
the terms o f the decree, wage increases amounting also to about 20
per cent were found, which were believed to be due, in part at least,
to the publicity given to the commission’s recommendations.
“ Altogether nearly 6,000 women and girls received increases o f wages,
more than nine-tenths o f whom were employed in stores which raised
wages in pursuance o f the commission’s recommendations.”
A majority of these increases amounted to at least $1 a week and
in many cases to $2 or $3 or more. A comparatively small number
o f cases was discovered in which rates higher than the minimum were
reduced. However, these reductions took place in larger proportions
in the stores not complying with the decree. A reduction in the
working force, amounting to about 10 per cent, took place during the
three years, 1914, 1915, and 1916. This was greatest in the sub
sidiary employments of counter cashiers, examiners, messengers, and
bundiers, mostly young a»d inexperienced persons. The total amount
paid out in wages to women and girls was greater in 1916 than in
either o f the preceding years, despite the decreased employment. It
appeared, therefore, that most of the experienced employees were be
ing paid as much as the minimum, and that most learners and ap
prentices were employed under more favorable conditions and
with better prospects than ever before, and that no such general in
crease in wages as had taken place would have occurred but for the
operation of the law. It was believed that the reduction in working
forces was due mainly to other causes than the introduction of the
minimum wage, there being already in process in a number of stores a
readjustment o f methods as to the use of counter cashiers and ex
aminers with a view to dispensing with the services of such employees.
A like elimination of messengers, tellers, and cash girls had been in
process in progressive department stores for a number of years.
The Boston Social Union appointed a committee of neighborhood
workers to advise women and girls who might lose employment on
account o f the minimum-wage decrees. After nine months o f activ
ity this commission reported that employment had been secured for
nine-tenths o f the total number of persons who had lost employment,
while in the great majority o f cases other employment had been se
148
OPERATION OF TH E LAW S.
cured on better terms. “ Their total weekly earnings previous to
the enforcement of the wage-board decree were $228.50; their present
earnings for a week are $322.70. The surplus on about four months
of steady work will, therefore, compensate in the year’s total for the
weeks o f idleness ensuing from their loss o f position.” Only two
records showed lowered earnings in the new employment. Others
showed advances giving the workers from $2 to $3.50 per week more
than in the employment left. It was found that most of those losing
positions on account o f the act were not experienced, but were girls
who had left grammar school without completing it and had re
mained in service perhaps four or five years without developing a
capacity which made them valuable to their employer. They were
let out o f positions in which they were earning only $4.50 or $5 per
week. A percentage of unadaptable persons and some situated so as
to limit their opportunity for employment, with occasional indiffer
ence as to securing positions, accounted for a number o f those for
whom places had not been found.
The report of the commission for the year 1919, during which 10
decrees were in force for part or all o f the year, disclosed inspections
made of 1,030 establishments, representing 24,815 women. Cases o f
noncompliance numbered but 196, or seven-tenths per cent of the
entire number for whom records were secured. O f these cases 42
were of the special license type, 130 were adjusted by the employers
by raising wages, 22 women left the employment of the firm, 3 cases
being of discharge, and in 2 cases the women were dropped because the
firm was on the verge of bankruptcy. These figures indicate a very
high degree o f compliance with the existing orders, though the rates
fixed by some o f the early decrees were so low that compliance was
not o f much significance.
Inspections were made of 10 occupations during 1920, 6 o f them
being initial inspections under the decrees for these occupations.
They covered the candy, corset, men’s clothing and raincoats, knit
goods, women’s clothing, paper box, office and other building cleaners,
canning and preserving, retail millinery, and the muslin underwear
industries. For the last four the work was of a follow-up nature,
previous inspections having been made. The total number o f wage
records secured was 23,349 in 1,126 establishments. Additional visits
were made in a number of cases in order to secure adjustment where
noncompliance was found. The number of cases of noncompliance
was 983, or 4.2 per cent of the entire number of persons for whom
records were secured during the year. Adjustments were made in
681 cases, leaving 302 unsettled at the date o f the report. O f the ad
justed cases 366 received an increase of wages; 71 women were changed
from time rates to piece rates, at which they were able to earn the
minimum or more; 44 special licenses were granted, 21 additional
cases being adjudged of this type; while in 159 cases women vol
untarily left employment. “ As far as could be ascertained, this
was due not to the effect of the decrees, but to the general unrest
and consequent high labor turnover which characterized the first
half of the year, and to the business depression and attendant unem
ployment o f the latter half of the year.” There were 20 cases of
discharge.
MASSACHUSETTS.
149
O f the unsettled cases more than two-thirds ( 2 10 ) were in the
paper-box industry, which came under a decree on July 1, 1920; 91
were in women’s clothing, the remaining case being one in the canning and preserving occupation in which a special license was in
order. These unsettled cases represent but 1.3 per cent of the entire
records for the year. Reinspection to secure adjustment had already
been instituted with the prospect of material reductions in these
numbers.
Comparison of the wages before and after the decrees shows in all
cases under recently entered orders a substantial increase in wages.
Doubtless other factors contributed to this advance, but “ in view of
the absence of any very marked advances in the industries of the
State in general during this period, it is safe to ascribe a consider
able part o f the increase in these particular industries to the effect
o f the wage investigation and the subsequent award.”
An interesting result o f the order is shown in the methods adopted
by a large manufacturer in meeting the requirements for his in
dustry. Each foreman in the factory was made responsible for
seeing that the girls under his supervision earned the minimum.
Where a girl fell short, the first question considered was as to the
need o f further instruction, then as to whether she should be trans
ferred to another process. By this method the firm was able to report
“ that not only were they able to meet the decree without discharging
a single employee, but that the efficiency of their workers has been
increased and production stimulated.”
The report observes that not all employers take this attitude, their
unreadiness to comply resulting not only in loss to the workers, who
can not collect unpaid balances as in States where the laws are com
pulsory, but it is also unfair to employers who accept the decrees
promptly and who abide by them, besides absorbing a dispropor
tionate amount of the time and labor of the commission at the
expense o f the public.
The following table shows in summary form the results of the
inspections in 10 industries during the year 1920:
SUMMARY OE INSPECTIONS IN SPECIFIED INDUSTRIES IN MASSACHUSETTS IN 1920.
Item.
Office
Can Men’s
cloth Cor
build Knit
dy.
ing. goods.
ing. set.
Wo
men’ s Paper
cloth box.
ing.
1
Mus
lin
Retail
un Can milli Total,
der ning. nery.
wear.
Number of records secured............. 7.050 2,578 1,612 1,350 1,096 1,664 4,831 1,719
171
177
Number of firms visited.................
182
15
29
123
81
110
Number of firms with full com
117
82
8
169
26
55
79
173
pliance.............................................
12
30
3
4
157
564
2
Number of eases of noncompliance. 206
12
3
66
2
Cases adjusted................................... 206
30
4
354
11
3
49
2
Wages adjusted.........................
177
7
3
110
8
6
10
135
Left employment......................
1
3
5
6
4
25
Special license granted.............
Earning more on piecework
3
68
i
1
Discharged.................................
is
Special license type, but ap
plication will riot be made
4
2
15
Cases pending...................................
91
210
734
33
29
4
3
3
715 23,349
205 1,126
204
1
1
1
i
1
1
1
!
i
942
983
681
366
159
44
71
20
21
302
The number of women potentially affected by the decrees issued up
to April 29, 1920, the date of a report made by the division of mini
OPERATION OF TH E LAW S.
mum wage o f the State department o f labor and industries is approxi
mately shown in the following table:
A PPR O X IM ATE N UM BER 0*F W OM EN IN. IN D U ST R IE S A F FE C TED B Y MASSACHUSETTS
MINIMUM W AG E DECREES.
Industry.
.............. .
Brash
Ij&imcLry....................
Retail stores.............
Women’s clothing,...
Men’s furnishings. . .
Muslin rnidferwear...
Retail millinery-----Wholesale' millinery.
Approximate
number of
women
employed.
1 700?
15,000
2 25,000
15,600
1 4, 000;
3 3,0003 600
r 2,000
1 Massachusetts Statistics of Manufacture, 1918*
2 Massachusetts Decennial Census, 1915.
Industry.
Approximate
number of
women
employed.
Office-and- other building cleaners
Canning' aaad! preserving..................
Candy..................................................
M m ’s clothing and rainco&t______
Corsets.................................................
Knit goods............................... ..........
Total (14 industries)............
2 10,000
1 500
1 5,500
1 4,009
1 1,609
*
1,000
07,900
3 Estimate based on commission’s records.
As to the number of women who received wage increases as a re
sult of the decrees, it was felt that no accurate report could be given.
Where the preliminary investigation and inspections subsequent to
the issuance o f a decree are fairly close together some conclusions
can be drawn, but with the greater spread between these two dates
the significance o f increases discovered at the later date diminishes,,
on account o f the opportunity for other influences to intervene* It
seems indisputable, however, that considerable numbers were favor
ably affected,, and that the better type o f employer is protected from
unfair competition by the influence of the law. No tendency has
been disclosed for the minimum rate fixed by the board to became the
maximum.
The attitude o f the workers toward the law is rather difficult to
determine. It has already been noted that in one o f the later wage
boards formed a sufficient number of nominations were not secured
on the first invitation to make up the desired board. An employee
representative on the retail board declares that the girls know little
o f the law and have little interest in it. When the subject was
broached o f petitioning far a new hearing looking toward an advance
m the rates the girls did not care to sign, not so much from fear as
from apparent indifference. An employer representative in a pe
culiar position of advantage to know the conditions in his line re
garded the rates as fixed by the boards as generally too low. How
ever, in his trade an organization o f the workers dominated the situa
tion sf> that “ the law is recalled only by an effort of memory.”
A visit by a representative of the Federal Bureau o f Labor Sta
tistics in the summer of 1920 reached 31 establishments in the city
o f Boston and vicinity, in which about 7,800 women were employed.
In the majority af the eases the employers interviewed expressed
but little interest in the law, those affected by the older rates havingmade adjustments long a go; while current industrial conditions domi
nated the present situation, so that the rates o f the decrees were of
no concern. Some of the larger department stores had established
their own systems of advancement, entrance rates being above the
requirement of the law a n d the minimum attained in a fixed time
being in advance o f the legal standard. In those factories in which
MASSACHUSETTS.
151
union conditions prevailed, and in the clothing industries the miniinum-wage law was entirely lost sight of. The managers o f a num
ber of office buildings reported schedules in excess o f the require
ments o f the decrees. Only one establishment admitted that any
worker had been let out on account o f the order, that being a 5 and
10 cent store which spoke of letting out young girls, seeking to obtain
more mature salespeople “ and make them worth more.”
The paper-box order had not yet come into effect, but was in imme
diate anticipation. One employer reported no effect on his rates by
reason of the order, while a small establishment expected to make
some adjustments that might affect adversely some who were “ old
and easy-going.”
The investigation, limited though it was, corroborated the commis
sion’s conclusion that the older hostility to the law was disappear
ing. Practically unanimous acceptance o f adjustments without re
quiring the commission to use its powers o f publicity is indicative
“ not only o f the reasonableness o f the decrees but also of the coopera
tion o f employers in accepting the recommendations of the commis
sion. It indicates, further, a changing attitude in regard to the
minimum-wage work; a recognition on the part o f many business
men that a minimum wage is as much in their interest as in the
interest o f their employees; that since it is a minimum, and not a
standard wage, it protects them from unfair competition by leveling
up rates at the lower end of the scale to more nearly approximate
those set by representative employers in the occupation.”
MINNESOTA.
SKETCH OF THE LAW .
The Minnesota statute enacted in 1913 differs but little in its main
provisions from the acts already noted. However, the findings o f
the commission are mandatory, failure to comply subjecting the em
ployer to punishment as for misdemeanor. The principal difference
between this law and that of a number o f other States is that the com
mission may act directly in the determination of a legal minimum
wage, the organization and establishment of an advisory board being
in its discretion. The function o f this board is, as its name indi
cates, only advisory and its recommendations may be accepted, modi
fied, or rejected as the commission determines.
Preliminary investigations may be made by the commission on its
own motion, but are required if not less than 100 persons engaged
in any occupation in which women and minors are employed request
the same. Public hearings, which employers and others may be sub
poenaed to attend, are to be held, witnesses to receive the same mile
age and per diem as allowed by the courts in civil cases. A wage is
to be established if it appears that one-sixth or more of the women
and minors employed in any occupation are receiving less than a
living wage.
Advisory boards are to be representative of employers and em
ployees and must contain not less than 3 nor more than 10 representa
tives o f the two groups; one or more disinterested persons, not a
greater number than the representatives of either group, are to be
appointed by the commission to represent the public. At least one-
152
OPERATION OF TH E LAW S.
fifth o f the membership must be women, and at least one o f the rep
resentatives of the public is to be a woman. Boards have the same
powers as to requiring the attendance o f witnesses and making other
investigations as the commission itself.
Rates fixed remain in force until reconsideration, which may be
had either on petition or in the discretion of the commission. Dis
crimination against active employees is forbidden, and recovery for
balances is authorized where less than the minimum has been paid.
Licenses for substandard workers may be issued.
Immediately upon the commencement o f the activities of the com
mission in establishing minimum rates steps were taken by employers
and others to prevent the enforcement o f the law. One applica
tion for a restraining order was made by a shoe manufacturer, ap
pearing as a taxpayer, asking to have the commission restrained from
spending any more public money. This was in October, 1914. In
the following month an employer asked to have the law declared
unconstitutional. An account o f the proceedings in these cases is
given on pages 42 to 44. Their effect was to suspend the operation
of the law from November 23, 1914, to the date o f the dissolution o f
the injunction on the 9th o f March, 1918. The commission appointed
at the inauguration of the act had ceased to function and reappoint
ments were made A pril 1 , 1918. Subsequently, on the issue of cer
tain orders o f general application throughout the State, advancing
the earlier rates somewhat, the power o f the commission was again
attacked, and again a minor court issued an injunction on the ground
that the orders restrain the right to make contracts, that they take
property without due process, and that they violate the State and
Federal Constitutions. The particular point o f attack was perhaps
the determination by the commission that 48 hours constituted a
week’s work, but with a provision for overtime work at a fixed hourly
rate. The order also applied without distinction to women and to
minors, though there was a separate order governing the employment
o f learners and apprentices both under and above the age of 18
years. The commission took the matter to the supreme court, where
a decision was rendered reversing the position of the court below,
leaving the commission free to carry out its orders as made (G. O.
Miller Telephone Co. v. Minimum Wage Commission, see p. 50),
every contention of the opponents of the orders being decided ad
versely to them.
COMMISSION AND
STAFF.
In establishing the commission, the law requires it to consist of
three persons, one o f whom shall be the commissioner of labor who
shall act as chairman. The governor appoints two other members,
one an employer o f women and the other a woman, the latter to act
as secretary o f the commission. Appointments are for terms o f two
years. The first employer of women appointed served but a short
time after the preliminary investigations had been made. The com
mission came into active existence on August 1 , 1913, and imme
diately took up the study of wages and the cost of living. Its first
meeting for the purpose of determining wage rates was on October
15, 1914, nearly 15 months after its organization. The employer
member appointed attended the meeting but refused to take action
and tendered his resignation. The remaining members met a week
M INNESOTA.
153
later, the attorney general having expressed the opinion that two
members have the power to fix wage rates, and promulgated mini
mum rates in a series of orders to take effect November 23, 1914.
Prior to this date the injunction proceedings noted above were in
stituted. On November 23, the governor appointed a successor to the
employer member who had resigned, but in view of the effect of the
injunction no real work was done subsequent to that date until the
decision by the supreme court of the State and the reorganization
o f the commission.
At that time the same members o f the board were reappointed, and
have continued to serve. This has enabled the secretary (the woman
member holding this position by virtue of her appointment as such)
to carry out the work and policies of the board as originally con
ceived, except as legal interruptions have caused delay.
The original law appropriated $5,000 for each fiscal year and this
amount has continued to be appropriated. The administrative force
is therefore necessarily limited, being confined to the secretary, a
stenographer, and an office assistant. The work of inspection is
done chiefly by the secretary, though there is need of additional as
sistants. There is a degree of cooperation between the work of the
minimum wage commission and the department of labor as a whole,
which gives to the commission the benefit o f inspections made by em
ployees o f the women’s division o f the department of labor. This
division has four inspectors for the enforcement of women’s and
children’s laws, and there is an interchange of information between
them and the minimum wTage commission.
ESTABLISHMENT AND ENFORCEMENT OF HATES.
The Minnesota law gives to the minimum wage commission power
to act on its own initiative or on petition. Its first step following
its appointment was to call public hearings on August 20 and Sep
tember 11, 1913, to obtain suggestions from interested parties as to
the lines o f action for the commission to undertake. Inasmuch as
the fundamental question is a living wage, the opinion was generally
advanced that the first point to determine was as to the cost of living
of the average working woman.
Two methods of investigation were used, personal inquiry and a
questionnaire circulated among working women through the em
ployers. By the latter method 8,000 filled-in blanks were returned
from the four principal cities of the State. The investigators
visited a large number of localities, studying the subject of living
costs, wages, etc., thus securing a very broad view of the situation.
The statistics were tabulated by industries and by localities, and
furnished the basis for the first series of orders issued in the autumn
o f 1914.
Although the calling o f an advisory board is optional with the
commission, boards were organized in two general localities, repre
senting the twin cities of Minneapolis and St. Paul, and the city of
Duluth. No movement has been initiated by the employees, as they
are evidently afraid to take action, fearing thereby to jeopardize
their positions. Though the board is authorized to subpoena wit
nesses, it has not made use of this power to bring unwilling em
ployees before it who might be placed in jeopardy by appearing.
154
OPERATION OF T H E LAW S.
The protection o f employee witnesses is attempted by the law, their
discharge or discrimination against them being a misdemeanor; but
even though the commission has felt sure that discharges have taken
place, and even the blacklisting of active employees, the difficulty of
legal proof has stood in the way o f enforcing this provision o f the
law. The law also provides that employers’ records shall be open
to inspection, and use is made of them, but effort is made not to
antagonize the employers by copying off data where they are unwill
ing that this should be done.
Where advisory boards are created their powers are the same as
those o f the commission, but they are subject to the rules prescribed
by it, so that they carry out its policies in the above respects. The
commission acts on the estimates submitted by the advisory board,
and if it approves adopts them as its own, and may issue an order
putting them into effect without the formality of a submission to a
public hearing as is required in some of the other States. Inasmuch
as the findings are only advisory, they may be modified or rejected
entirely and the commission may proceed independently.
When rates are agreed upon, either independently or following the
recommendations o f a board, it is required that they be mailed “ so
far as practicable 59 to each employer affected, wTho shall post a
reasonable number of copies, to be determined by the commission, in
the various work places in which the interested workers are em
ployed. The newspapers have carried the orders also as news mat
ter, thus giving them quite general publicity. Orders become effec
tive 30 days after issue, and they continue in effect until revised by
the commission. Revision must be considered at the request o f ap
proximately one-fourth o f the employers or employees in an occu
pation, and may be made by the commission on its own initiative.
The revision o f 1919, the only one ever made, was a voluntary act of
the commission, based on common knowledge o f the facts as to the
increased cost o f living.
Enforcement is effected by the inspection carried out by the limited
force o f the commission, with such cooperation as the women’s di
vision of the labor department affords. Complaints are sometimes
received from employees that they are not receiving the minimum,
w7hen, if possible, an inspection is made o f the employers’ pay roll.
I f the locality is a small one a general survey is made, and every
effort is used to avoid directing suspicion to any individual em
ployee. It is said that the cooperation o f the employer can usually
be secured by a frank discussion o f the provisions and purposes of
the law. While paying less than the minimum is a misdemeanor, it
was said in October, 1919, that no prosecutions had thus far been
made, but that the commission was able to get the employer to pay
the accrued balance to avoid further difficulty. Considerable sums
have been recovered in this way. Employees are also given the right
to sue for such balances with costs and attorneys’ fees, but such
action was said not to have been taken, though a few cases were pre
sented to the conciliation court ” o f Minneapolis, which is a local
institution o f summary jurisdiction.
A policy o f more recent adoption is to send notice, either from the
office of the commission or from that of the attorney general, direct
ing violators to appear before the commission with their books.
M IN N E S O T A .
155
This has been effective with one or two exceptions* and in one ease o f
flagrant violation a prosecution was decided upon, besides a probable
suit to recover unpaid balances.
W AGE BOARDS.
The law makes no provision for the mode of selection of the mem
bers o f such wage boards as the commission may in its discretion
establish, other than that, “ so far as practicable,” it shall be through
election % employers and employees* respectively. Limits of num
bers are fixed at not less than 3 nor more than 10 from each group,
the numbers to be equal. The boards organised in 1914 were a mer
cantile board and a manufacturing board fo r the cities of Minne
apolis and St. Paul. Similar boards were later appointed for Duluth,,
but they decided to join their activities and meet as a single board.
The commission was not successful in finding employees who would
or could serve on the advisory boards fo r Minneapolis and St. PauL
Their unwillingness was said to be due to timidity and their lack o f
organization. There was no method o f securing representation in
the ordinary sense, and the commission undertook to make selections
fo r itself. Employees were asked to serve only after the employers
were consulted? but the unwillingness was not thereby removed* if*
indeed* there was not also some degree o f indifference. Disinter
ested persons* not employees, were then chosen to represent them in
part.
The situation was rather more favorable in Duluth* the employees
being freer to speak* but even here the situation was not free from
restraint, whether or not warranted. The employer's were asked to
suggest nominations* but no organization was consulted* and, as in
the ease o f the other groups* final selections were made by the com
mission. Those selected generally seemed interested to be present
and take part in the discussions, though the attitude of some was said
to suggest that they were particularly concerned to see that nothing
radical was done.
Public representatives were selected by the commission after con
sultation, and were said to exert a valuable influence on the board,
being really the representatives of the employees because of their
failure to speak for themselves. The persons chosen were selected
for their qualifications, and it was only because o f their sympathetic
understanding that the employees could be said to have been effec
tually represented on the beard.
The law makes no provision for the payment o f any compensation
for expenses of the advisory board* which fact serves to debar em
ployees from attendance where it would involve absence from work
or travel expense. The commission was not prepared to give an
opinion as to the desirability of paying compensation, arguments
appearing on both sides. The payment of compensation might
secure the attendance of workers* even though somewhat weary* at
evening meetings, while on the other hand if they were vitally in
terested and concerned in the matter they might be willing to make
that sacrifice without compensation. In any case it was felt desir
able that there should be an actual employee representation, in order
that the discussion o f concrete facts by the parties materially con
cerned might enable each group to arrive at a better understanding.
156
OPERATION OF TH E LAW S.
I t was felt that thus far nothing of the kind had been actually
accomplished.
GENERAL
CONSIDERATIONS.
The commission is authorized to determine and establish living
wages, the term “ minimum wage ” being declared to have the same
meaning, both implying “ wages sufficient to maintain the worker
in health and supply the necessary comforts and conditions of reason
able life.” The commission feels that there has been a measure of
failure to carry out the full intent of the law, inasmuch as it has
set only “ an existence wage,” not sufficient to supply the “ necessary
comforts.” The central idea is said to be health, and the proper in
clusion o f the word “ welfare ” can only be considered under a more
liberal treatment of the subject than has yet been found possible.
The wTage fixed must of practical necessity contemplate continuous
employment, as an existence wage permits no margin, “ and no way
has yet been found to require employment for 52 weeks in the year.”
As to different needs in different occupations, it is said that the
first group of orders assumed that certain occupations called for
slightly greater expenditures for clothing than others, and a distinc
tion was made accordingly. The revision of 1919 ignored this dis
tinction, taking the ground that inasmuch as merely an existence
wage was to be provided, discriminations were not in place. The
idea was expressed that future revisions might subdivide more
minutely than in the past, which might result in differences in rates,
though not necessarily. Local differences have been recognized, the
first orders making three classifications showing differences of 50
and 75 cents per week. But two classes were recognized in the 1919
orders. The differences in wages were said not to be sufficient to
influence girls to remove from one locality to another, while manu
facturers were unable to go to the smaller localities to secure the
lower rates, since help was not available except in more populous
places.
As to minors, learners, and apprentices, they too are required by
the law to receive “ wages sufficient for living wages,” so that they
are in this respect on the same footing as adults. However, the com
mission has made a measure o f discrimination in every case for a
limited time, feeling that such a concession is necessary though it
casts a temporary burden on the home. Persons desiring employment
as apprentices or learners are required to fill out an application
blank furnished by the commission if they are to accept employment
at less than the minimum wage. The employer is required to keep a
record in duplicate on blanks furnished him showing the commence
ment o f employment, the initial rate paid, promotion periods and
amounts, the termination of employment, and the number of weeks
employed.
The problem of the learner is felt to be one o f the difficult ones
in the administration of the law, complaints being rather common
that applicants for work claim experience in a “ related employ
ment,” so as to require the payment of more than learners’ rates,
when in fact they require the treatment and render only the service
of beginners. Even employment in a related industry is said to be
often not valuable and may even be a hindrance, and one member of
the commission expressed a desire that the law receive some amend
M INNESOTA.
157
ment so as to clarify the situation in this respect. Substandard
workers may be licensed in the discretion of the commission without
any limit, so far as the law is concerned. However, it was stated
in October, 1919, that only about 12 such licenses had been issued
in the year and a half that the law had been in force, some for
old age and others for persons mentally and physically defective.
Application for a license for a blind girl in an envelope factory
was refused when it was found that she was in fact turning out more
than the average amount of work. An interesting display of spirit
followed, the employer discharging her for the alleged reason of
her physical defect, while she herself did not desire a permit on the
ground that it would lower the standards of employment for her
group.
OBDEBS AND BATES.
EM PLO YM EN T G EN ER ALLY.
The method that has been followed heretofore of taking up the
wage orders separately is neither necessary nor feasible in the case
in hand, in view of the method of procedure in the State. Following
the investigation by the commission, covering the State as a whole,
and the organization o f advisory boards for the two principal urban
localities, Minneapolis and St. Paul, and Duluth, boards were or
ganized as already noted. These are all the cities in the State that
are known as cities of the first class (over 50,000 population), the city
o f Winona then standing alone in the second class ( 20,000 to 50,000
population) ; cities o f the third class have from 10,000 to 20,000
population, and of the fourth class not more than 10,000 population.
While the investigation naturally dealt more fully with the larger
industrial elements in the cities o f the first class, many smaller lo
calities were visited, and the commission has full authority under the
law to deal with them without the appointment o f local boards. The
investigation of the rates in Minneapolis and St. Paul showed 12.5
per cent o f all the women employed in those cities for whom data
were obtained to be earning less than $6 per week; 20.1 per cent less
than $7; and 42.8 per cent less than $8 per week. In Duluth 20.4
per cent received less than $6 , 32.4 per cent less than $7, and 46.5 per
cent less than $ 8.
When the matter of suitable wages came to discussion before the
boards, a number of employees attended the hearings but took little
part in the discussion except at Duluth. On the final vote no em
ployee took part, with the exception of two or three in Duluth. The
boards met about twice a month from January to July, 1914, but
found difficulty in reaching an agreement. The Twin Cities mer
cantile board could not get a majority vote on the weekly cost of
living, the employers favoring a $7.50 basis, while most of the other
members of the board refused to indorse a rate of less than $8.50.
The manufacturing board recommended $8.75, while the joint board
o f Duluth recommended $8.50 as the cost o f living. The employers
on the Twin Cities manufacturing board finally favored the rate
adopted by the Duluth report.
Though the law does not in terms require a public hearing to con
sider the recommendations of the advisory board, two public hearings
wTere held during September, 1914, following such action as the boards
158
OPEKATION OF TH E LAW S.
had taken, and a third hearing was suggested but was not held on
account o f lack of interest.
The budgets for food, clothing, and miscellaneous expenses were
worked out with much care and in detail, and are reproduced in the
first biennial report o f the commission, covering its existence from
August 1 , 1913, to December 31, 1914. However, the amounts are
representative of conditions which have changed so much since the
investigation was made that they are hardly suggestive of current
needs. It rfiay be noted that allowance was made for doctors’ bills,
recreation including vacation, church, lodge and club dues, insurance,
education and reading, besides laundry and carfare. Other items
were noted as entitled properly to inclusion, but not commanding
sufficient support to be given a place in the budget of essentials.
The orders issued were intended to cover all women employed in
the State, the assumption being that the investigation was ade
quately broad to show the need and warrant the action. As already
noted, these orders were not enforced, the injunction issued by Judge
Catlin on November 23, 1914, suspending the operation o f the law,
the commission going practically out o f existence until its reappoint
ment April 1 , 1918. The orders numbered 1 , 2 , and 3, all issued
October 23,1914, exactly one month before the issue o f the injunction
suspending activity, relate to women and minors employed in mer
cantile, office, waitress, and hair-dressing occupations. The first fixes
a $9 weekly rate for cities o f the first (3ass, the second an $8.50 rate
for cities o f the second, third, and fourth classes, and the third an $8
rate for other localities.
A second group was issued on the same date applying to manu
facturing, mechanical, telephone, telegraph, laundry, dyeing, dry
cleaning, lunch room, restaurant, and hotel occupations. No. 4 ap
plies to cities of the first class, fixing a minimum wage of $8.75 per
week; No. 5 to cities o f the second, third, and fourth classes, fixing
a rate o f $8.25; and No. 6 to other localities, fixing an $8 rate.
These orders were all to become effective 30 days after date o f issue
and none o f them applied to learners and apprentices.
The first step taken by the commission on its reorganization was to
determine rates, on the basis o f the earlier orders, applicable to
learners and apprentices. The rates fixed correspond to those
adopted in 1914 for experienced workers, but instead of making
separate rates for cities o f the first class and other cities, all were
brought under order No. 7, and all classes o f employment were
grouped together for the purpose o f this order. Learners and
apprentices under 18 years of age in cities o f the first, second, third,
and fourth classes should receive not less than $6 per week during
the first 4 months, not less than $7 during the second 4 months, and
not less than $8 during the third 4 months of employment, after
which they should be regarded as workers of ordinary ability.
Those above 18 years of age were given a shorter learning time,
receiving not less than $6 per week during the first 3 months and not
less than $7.50 during the second 3 months, after wdiich the standard
minimum for the locality should be paid. Order No. 8 applied to
learners and apprentices outside the cities, prescribing for those
under 18, $6 per week for the first 4 months, and $7 for the second
4 months, after which the person should be deemed a worker o f
M INNESOTA.
159
ordinary ability. For those above 18 years o f age, the same rates
were payable, but for two periods o f 3 months each.
A blanket order, No. 9, covering employments not enumerated,
applicable throughout the State,, fixed a weekly minimum of $8 for
women and minors o f ordinary ability. The seventh and eighth
orders were issued June 26, 1918, to be effective in 30 days, and the
ninth was issued August 7, likewise effective in 30 days.
It could not escape notice that the cost of living in 1913-14, on
which the foregoing orders were based, had advanced to such an
extent that by 1918 the rates fixed were necessarily inadequate.
Therefore the board acted under its authority to revise where neces
sity appeared. Consideration had been given to the subject of
advances in November, 1918, but no action was taken beyond send
ing out circular letters asking employers to make voluntary increases
at least to the lowest paid employees, suggesting a weekly minimum
of $7. The commission held a meeting in May, 1919, after some other
steps had been taken to notify employers, of the needs o f the situa
tion, and an advance was decided upon at this time. However, the
secretary was instructed to investigate the cost o f room and board,
and was later instructed to attend meetings of the Wisconsin com
mission to secure information presumably applicable to the State
o f Minnesota. A tentative order was adopted on the 13th of June,
and notice was sent to employers, the newspapers also giving pub
licity. A public meeting was called for June 30, when some sugges
tions were made and changes conformable thereto were approved.
Orders Nos. 10 and 1 1 were issued, bearing date o f July 5, 1919,
being in force and effect on and after August 5. Order No. 10 was
applicable to women and minors of ordinary ability in any occupa
tion whatever in the State. A distinction was made between cities,
villages, and boroughs having a population of 5,000 or more, and
smaller localities, on the ground that the cost of living is greater in
places o f larger population. This was the only distinction made,
and a rate o f $11 wTas fixed as the weekly wage for a week o f 48
hours, this being considered wa general and reasonable weekly stand
ard o f employment in this State for women and minors of ordinary
ability.” A rate o f 23 cents per hour was fixed for overtime. In
places o f smaller population the rate o f $10.25 was prescribed, with
21% cents per hour for work in excess o f 48 hours. Provision was
made fo r telephone operators allowed to sleep while on duty, and a
fixed allowance made for any meals furnished.
Order No. 1 1 fixed the wage for learners and apprentices, and was
o f the same occupational inclusiveness and made the same local dis
tinctions as No. 10 . In the larger cities and towns learners under 18
were to receive not less than $7.20 per week during the first &months,
$8,64 during the second 3 months, and $10 during the third 3 months,
this period completing the learning tim e; those 18 or over commenced
at $8.64, advancing' to $10 for the second 3 months, this period end
ing their apprenticeship. In places of smaller population, the
younger learners were to receive $6.48 per week for the first 3 months,
$7.68 fo r the second 3 months, and $9.12 for the third 3 months.
Those 18 years o f age or over were to receive $7.68 per week for
the first 3 months and $9.12 for the second 3 months, this period com
pleting their apprenticeship. The 48-hour week was contemplated
160
OPERATION OF TH E LAW S.
in all cases, and hourly rates were fixed for all classes of workers in
each locality. Opposition to these orders by telephone companies
has already been noted, resulting in the issue of another injunction
and its subsequent dissolution. It is said that employers generally
accepted the rates as reasonable and that a number o f telephone com
panies based their only objections on the provision as to night rates,
but with this difficulty eliminated they were ready to comply with the
order.
On December 1 , 1920, the commission issued an order, No. 12 ,
superseding both the foregoing orders. It was said that public
hearings had been held, “ o f which employers, employees, and all
other interested persons were advised, and many of whom in all
classes appeared and were heard.” Each occupation named in the
law was also subjected to a “ complete investigation,” and on the
results o f these actions the order was based. It changes only the
rates in the larger places, those in localities of less than 5,000 popula
tion remaining unchanged. A rate of $12 is fixed for workers o f
ordinary ability for a week o f not less than 36 nor more than 48 hours,
with 25 cents per hour for overtime work. Learners in cities begin
at $7.68 if under 18, and $9.12 if above, with advancement after
three months.
This order became effective January 1,1921; see pages 319 and 320.
EFFECT OF THE LAW .
The suspension of orders from the end o f 1914 until midyear of
1918 very much reduced the time for observing results of the law.
Indeed the report o f the commission for the period ending March 1 ,
1919, gives but the briefest account of its operation. The rates of
$ 11 in cities and $10.25 in smaller places fixed by order No. 10 were,
o f course, not in effect until after the end of the period covered by
the report, so that no publication o f results is available. Under the
orders o f the commission effective July 26, 1918, the rates ranged
from $6 for learners to $9 for experienced workers. A survey of
57,607 women employed in the State during the summer and fall of
1918 (April 1 to December 1) would therefore include time both be
fore and after the orders were effective. This showed 1,977 women re
ceiving less than $6 per week, 6,274 receiving less than $ 8, and 17,570
receiving less than $ 10 . Only 26,037 received more than $ 12 ,
“ whereas recent studies in the cost of living show that $9 in 1914
would buy what $14 will buy to-day.”
The activities o f the commission in another field are shown by
certificates of employment for apprentices issued from July 26, 1918,
to March 1 , 1919. It is to be borne in mind that such certificates are
issued only when employees are taken on at less than the regular
minimum rate, which would mean in all cases less than $9 in mercan
tile employments of cities o f the first class or $8.75 in manufacturing
employments and the like, running down to $8 per week as a mini
mum anywhere in any industry for experienced workers. Only 237
certificates were issued for children 14 and under 16 years of age,
1,279 being issued for learners from 16 to 18 years of age and 979
to those 18 years of age and over, the total number being 2,495. O f
these 1,090 were without experience and 1,150 had worked less than
M INNESOTA.
161
one year in the occupation or a related one. During the seven months
covered by this report 1,090 certificates were returned, 1,405 remain
ing in force. O f the returns, 894 were of workers who quit* employ
ment and 196 o f those who were advanced to the minimum.
The foregoing statements are taken from the reports of the com
mission. Interviews and investigations made by a representative of
the United States Bureau of Labor Statistics early in October, 1919,
shortly after the higher rates fixed by orders Nos. 10 and 1 1 went
into effect (on August 5,1919), reflected only the first results o f these
orders. Consideration must also be given to the fact that this was
a period of readjustment following the pressure of war-time produc
tion, a number of employers reporting the labor supply still short,
the amounts ranging from 10 to 50 per cent. This condition in the
large manufacturing and commercial centers of Minneapolis and St.
Paul tended to influence' the situation regardless of the standard set
by the commission’s orders. However, a number o f cases were found
in which the orders were said to be influential.
It was reported by the commission, and seems to be borne out by
the employers’ reports, that no woman actually lost opportunity for
employment by reason of the rates being advanced for experienced
workers, though there was doubtless some readjustment o f the work
ing force, and women not showing aptitude in one line were com
pelled to seek employment elsewhere. A shoe manufacturer reported
that about 10 women were dismissed as not able to make the mini
mum, while a millinery establishment, which let out no experienced
worker, released several learners who 46lacked interest and aptitude.”
Another manufacturer discharged a few who failed to make the
required output, but the shortage o f the labor market was said to
place the employer at a disadvantage in regard to such workers.
In regard to the employment of children the effect was more
marked, as the recommendation that they should be paid a wage ade
quate for their support limited their opportunities considerably.
“ Only older children and adults will be employed when the rate is
the same for them as for younger children.”
Establishments visited in Minneapolis and St. Paul, about 33 in
number, employed in the aggregate about 13,600 females. Only a
minority of them reported that the establishment of the higher rates
made any appreciable effect on their pay roll. Thus a clothing manu
facturer with 300 women reported no wage increase, experienced
wTorkers receiving from $18 to $32 weekly. Another more than twice
as large estimated that 1 per cent of the women had been affected,
and still another, a small plant, followed the union scale but had to
advance the wages of a few o f its workers. Some large millinery
establishments had to advance the wages of practically all their
learners, but very few, if any, o f the skilled workers. Department
stores found few salespeople directly affected, but the advance of the
lower class o f help to the minimum led to other increases affecting
the selling force up to the class o f $20 clerks. One of the smaller
department stores reported about a 10 per cent increase in its payroll,
approximately 30 per cent of the force at that time being paid the
minimum. Another reported as much as a 50 per cent increase in its
total pay-roll cost, this being an establishment which kept close to
the minimum under the old order and had to advance about 350 of its
37559°— 21-------11
162
OPERATION OF TH E LAW S.
900 female workers when the new order became effective. A paperbox factory reported the effect of the order general on its force. A 5
and 10 cent corporation operating in both cities reported that in one
instance the law had not affected its rates and in the other that
it had advanced the wages of two or three new girls. Its standard
entrance rate was $12 a week for girls 16 years of age, advancing to
$14 in 6 months and to $16 in 1 year. The largest manufacturing
company visited had its own entrance rate of $9 per week for learners,
with a more rapid advance than the law prescribed.
The length of learning time was regarded by a number as being
too short, though in the majority of cases it was regarded as ample
for determining aptitudes, even if not producing highly skilled
workers. The majority of the establishments reporting the appren
tice term used made more rapid promotions than were required by
the law, while others disregarded the terms altogether as involving
an unprofitable amount o f work for permits and records, still others
saying that no one could be secured at entrance rates.
The expressed attitude o f employers naturally varied considerably.
A clothing manufacturer regarded the law as not desirable; the man
agers of the 5 and 10 cent stores noted above both approved the prin
ciple of the law and the rate, saying it might go higher. A manager
of a similar store under another corporation disliked the law very much,
saying that it reduced his own income very considerably and that the
higher pay does not affect either the interest or the honesty of the
girls. This man pointed out that a manager in one of the principal
Iowa cities “ gets fine-looking girls for $6 a week.” Some favorable
expressions were that the law tends to stabilize and gives self-respect
to the workers; that the employers are glad to have it, as it makes the
help better contented; that their attitude is favorable; that the prin
ciple is good; that they gladly comply; that they are in hearty co
operation, etc. One regarded the entrance rates as too low, furnish
ing but a bare subsistence; others reported themselves ahead of the
law, intending always to comply, etc. Others favored the principle,
but felt that the minimum must not be put so high as to prevent the
operation o f individual aptitudes and ambitions, or to overstep the
bounds o f economic conditions that might be anticipated to produce
possibly lower costs in normal times. One employer who found
the law “ all right ” declared it had no effect on the stability o f the
sales force, as the “ times are against ” the spirit o f settled, loyal
service. A shoe manufacturer described the law as paternalistic;
while a department store which closely followed the minimum re
garded it as o f “ hurt and no help,” simply giving the workers more
money, making them neither more efficient nor more stable. The com
ment may be permitted that where the employer reported wages gen
erally above the minimum and a favorable attitude toward the law,
the turnover and interest o f his workers were likewise subject to a
favorable comment, while a close following o f the minimum and an
attitude o f dislike toward the law forecast a heavy turnover and an
uninterested working force. The fact remains that at the time o f
the investigation there was a very evident continuance o f the spirit
o f unrest that had been developed by reason o f the ease in obtaining
employment and the bidding o f employers against each other in
their efforts to build up quickly their working forces.
MINNESOTA.
163
The effect o f the minimum-wage law on industrial conditions was
said to be practically nil, though some had a feeling that the future
might bring disadvantage to the State on account o f the law. Vari
ous suggestions were made as to the desirability o f a Federal law, so
as to make the conditions general. No intimation o f the likelihood of
any industry leaving the State was made, though there was an un
verified report that one employer decided not to enter the State when
he found that the minimum would apply. The fact that Wisconsin,
the nearest industrial State, had also a minimum-wage law was re
garded as being o f great help in allaying fears on this subject.
The present rates are a reflex o f the estimated advance in the cost
o f living, and the power o f revision residing in the commission to
act on the petition o f either employers or employees or on its own
initiative holds the door open for a change either upward or down
ward, as economic conditions may suggest. The fact that so many
employers found it necessary to pay above the minimum to secure
their help has thus far eliminated the possibility o f the minimum be
coming the maximum or even the standard rate, though it was said
that under normal conditions the tendency might be more noticeable.
The employees, though unwilling to take action in any public hear
ing, expressed their appreciation o f the increase in wages, and no
complaints have been received that they have lost opportunity for
employment on account of the higher rates o f pay fixed by the law,
though it was suggested that they probably failed to realize that a
higher minimum would reduce the opportunities for employment
among the less competent.
The attitude of organized labor is one o f loyal and substantial sup
port, though this expression comes through the workingmen rather
than the women, as the latter are little organized. The chief female
support has come through club women and social workers, and it was
their cooperation in the advisory boards, to which some o f them were
appointed, that helped to give the employees representation.
NEBRASKA.
SKETCH OF THE LAW .
One o f the eight States that enacted a minimum-wage law in 1913
was Nebraska. The act was copied in all essentials from that o f
Massachusetts o f the previous year. The commission was to be com
prised o f the governor o f the State, the deputy commissioner of labor,
a member o f the political science department o f the State University,
and another member, at least one member to be a woman. Terms o f
two years were provided for. The use of wage boards where the
commission found the fixing of a rate desirable, and the general
powers of the board and of the commission correspond to the terms
o f the Massachusetts law; this law was also followed in depending
upon publicity and not statutory penalties to secure the observance
o f the orders.
LACK OF ACTION.
The only appropriation ever made in connection with this act was
an initial one o f $500. This was turned into the sinking fund of the
State, no action ever having been taken under the law and no subse
164
OPERATION OF TH E LAW S.
quent appropriation made. The act was repealed by the legislature
o f 1919, being embraced within the sections of the Revised Statutes re
pealed by the Civil Administrative Code as adopted by chapter 190,
Acts of 1919, approved April 19, 1919. The suggestion has been
made that this repeal was inadvertent, portions of the repealed mat
ter having been superseded by other provisions of the Administrative
Code on the same subject; and it is certain that its repeal was not
known to have taken place by some most directly concerned in the
administration of the law, at a date considerably subsequent to it.
However, the repeal is explicit.
At the constitutional convention of 1919-20 a number of proposed
amendments were adopted for submission to a special election to be
held September 21,1920. Among these was a new section to be added
to article 14 o f the constitution providing that: 66Laws may be en
acted regulating the hours and conditions of employment of women
and children, and securing to such employees a proper minimum
wage.” The effect o f this amendment, which was adopted at the elec
tion, is said to be to enable the legislature to pass a broader and more
effective law u than was perhaps possible under the old constitution.”
The attitude o f unconcern that left the old law inoperative for six
years does not suggest any very strong probability o f action at the
forthcoming session o f the legislature, though the adoption of the
amendment indicates at least a measure o f interest. An official of
the State Federation o f Labor, at one time an official o f the State
government, regarded the old law as not adequate, on account o f its
lack o f enforceability. However, it had been adopted as all that
could be secured at the time. Organized labor was said to be favor
able to the enactment and enforcement of such a law so far as women
are concerned, but the political situation hindered accomplishment;
there was also said to be a lack of preliminary organized effort.
The repeal o f the Nebraska law is the only instance o f retrogres
sion in this field since the Massachusetts statute of 1912 was enacted,
strengthening amendments being the rule where any legislative
change has taken place.
EMPLOYMENT
CONDITIONS.
The failure of the administrative officials to enforce the law at any
time o f course destroyed the possibility of employers developing any
particular attitude toward the law; while its repeal eliminated it
from consideration. However, a brief investigation was made in
the city o f Lincoln as to employment conditions in November, 1919,
o f which note may be here made. Thirteen establishments were vis
ited, employing approximately 1,100 females. These included de
partment stores, 5 and 10 cent stores, laundries, a publishing house,
garment factories, a cafeteria, a candy factory, and a cigar factory.
The supply o f labor had been inadequate for some time past, the
resident population not being industrial to any great extent. The
city o f Lincoln is the seat o f a number o f institutions for higher
learning, and it was said that the girls went to college ratjier than
to work.
One department store reported an entrance rate of $10 per week,
the wages o f older workers ranging from $12 to $22.50, besides a dis
count in the cafeteria connected with the store and on goods pur
NEBRASKA.
165
chased. Another department store reported an entrance rate of $8
per week, saleswomen averaging $16 and some making as high as $35.
The 5 and 10 cent stores reported entrance rates of $9 and $10 per
week, one requiring girls to be 16 years of age and the other to be 17.
Average weekly rates were about $ 11 or $ 12 .
A cafeteria paid beginners $10 per week and 3 meals a day, advanc
ing to $15 per week and 3 meals a day, so that they were well paid by
any standard. Candy making also afforded beginners a weekly re
muneration of $12, advancing to $15 and $18 for packing and $16
to $22 for dipping. Cigar workers fell somewhat below these rates,
beginners receiving $10 per week, advancing to $12 to $16 on experi
ence. Laundry workers received $8 per week as an entrance wage in
one establishment and $10 in another, experienced workers ranging
up to $18. Garment factories reported for one an entrance rate of
from $7 to $10 per week, and for others of $10 to $11. Experienced
workers made from $14 to $25 per wreek, some earning as much as $30.
It is evident that in most cases the wage would appear adequate
for the cost o f living in the locality, though some of the employees
felt that there was a tendency to bear down to the lowest rate for
which labor could be obtained. Both State and union labor officials
were of the opinion that wages were somewhat higher in Omaha than
in Lincoln, while the cost of living was at least not greater.
The attitude of union labor was favorable to the enactment and en
forcement o f an effective law, but the sentiment throughout the State,
which is predominantly agricultural, was not thought to be such as
to anticipate with definiteness any very desirable achievement.
NORTH
DAKOTA.
SKETCH OF THE LAW .
The minimum-wage law of this State is one of the most recent,
having been approved March 6 , 1919. The administration of the act
was committed to the workmen’s compensation bureau of the State,
already in existence. This bureau is authorized to employ the neces
sary help and assistance within the appropriations made, and to in
vestigate wages, hours of labor, and conditions of employment o f
women and minors in the State, the term “ minor ” meaning a person
o f either sex under the age of 18. The power of the board extends
to the fixing of standards of hours and suitable conditions, as well as
determining wages.
The law declares it unlawful to employ women and minors for un
reasonably long hours jinder conditions detrimental to health or
morals or for inadequate wages; so th-t the function of the board is
merely to fix the standards, the obligation being created by the act
to pay adequate wages and to furnish suitable surroundings. In
vestigations are to be made on the initiative of the bureau, by public
hearings and otherwise. Employers are required to keep records of
their female and minor employees and to permit the inspection o f
such records; the usual power of subpoenaing is vested in the bureau
to secure the attendance o f witnesses either at the public hearings or
before the conferences. I f an investigation discloses the desirability
of fixing a rate or establishing other standards, the bureau may call
a conference to consider the situation and make recommendations.
166
OPERATION OF THE LAW S.
Recommendations are to be acted upon by the bureau, and if ap
proved will be submitted at public hearings, after which orders may
be promulgated, to be effective in 60 days. The bureau may act di
rectly with regard to wages, hours, or conditions of employment o f
minors. The act contains the usual provisions as to licensing sub
standard workers and making suitable arrangements for apprentices
or learners 44in such occupations as usually require learners or ap
prentices.”
The act is o f compulsory application, and violations of orders are
subject to penalty, as is also any discharge or discrimination affecting
active employees. The recovery o f unpaid balances may be held by
a suit at law.
Despite the unbroken record of favorable action by the higher
courts, some of the employers affected by the orders issued went
before the district court of Cass County to secure an injunction to
prevent the orders becoming operative. However, the matter in
issue did not go to the nature of the law, but to the subject of the
organization o f the commission. One of the commissioners of the
workmen’s compensation bureau was removed by the governor dur
ing the time in which hearings and conferences were being held re
garding the minimum wage. The contention was therefore made
that the action taken was not legal on account o f the absence o f this
member from the board. The court accepted this position and issued
a temporary injunction against the operation of orders Nos. 2 , 3, 4,
7, 9 and 12 , which had been promulgated during the time of the
alleged defective organization. Bonds were required to be given to
secure the payment of balances of wages if the orders should be
upheld. The supreme court o f the State upheld this injunction (Mar.
21, 1921), until such time as the case should be tried on its merits
(Northwestern Telephone Exchange v. Workmen’s Compensation
Bureau, 182 N. W. 269).
COMMISSION AND STAFF.
As already stated, the administrative agency for the minimumwage law is the workmen’s compensation bureau of this State. The
act creating this bureau was approved March 5,1918. It directs that
the commissioner o f agriculture and labor and three commissioners
appointed by the governor shall constitute the commission, the ap
pointed members to hold office for terms of 5 years and receive
a salary of $2,500 each per year.
For the special work of the bureau in carrying out the provisions
o f the 64maximum hours and minimum wages ” law, the sum of
$6,000 per annum is appropriated by the act itself, or so much thereof
as may be necessary. In its quality as a minimum wage commis
sion the bureau made an appointment o f a secretary and special inves
tigator, the work of investigation beginning on August 4, 1919.
By the provision o f the law establishing the compensation bureau
fixing five-year terms, the terms o f the different appointees overlap
ping, continuity o f policies would seem to be fully safeguarded.
The recent date o f their appointment makes it impossible to record
results.
NORTH DAKOTA.
167
ESTABLISHMENT AND ENFORCEMENT OF RATES.
Action seems to rest entirely with the initiative of the bureau in
regard to the making of the investigations. The provisions relating
to the calling of a conference, if the establishment of orders on the
subject o f hours, sanitation, or wages is desirable, would seem to be
optional, the act providing that u said bureau may call and convene a
conference.” However, the procedure has been to make use of con
ferences in the fixing of wage rates. The holding of public hearings
to consider approved recommendations is obligatory.
Recommendations of conferences may be approved or disapproved
in whole or in part, and matter disapproved may be resubmitted to
the same or a new conference. When an order is finally agreed upon,
the bureau is directed to mail a copy of the order, as far as prac
ticable, to every employer affected by it, a copy o f the same to be
posted by the employer in each workroom in his establishment. En
forcement is contemplated by subsequent inquiries and inspections,
the bureau being directed to “ take such steps as may be necessary
and to prosecute such employers as are not observing or complying
with its orders.”
W AGE BOARDS.
As noted above, the appointment of wage boards, or conferences,
as they are termed by the act, appears to be optional. However,
provision is made that they shall be composed o f not more than three
representatives of the employers and an equal number o f representa
tives o f employees, and not more than three disinterested persons
representative o f the public; one or more of the commissioners shall
also sit. The bureau names and appoints all members o f the con
ference and designates a chairman. Reports or recommendations
must receive the support o f two-thirds of the members of the con
ference.
GENERAL
CONSIDERATIONS.
The scope o f this law gives to the investigators of the bureau quite
extensive powers. Hours are not to be unreasonable, surroundings
not detrimental to health or morals? and wages not inadequate to
supply the necessary cost o f living and to maintain workers in good
health. While local differences in costs o f living are not specifically
provided for by the act, the bureau took the position that towns of
less than 500 population “ would doubtless come under different
rulings ” from those applicable to more populous places. With re
gard to different rates in different industries, the fact that different
conferences passed upon them would suggest the possibility o f
arbitrary distinction, while “ in the instances where the wage is lower,
i. e., telephone, laundry, and manufacturing industries, it was con
sidered that the employees did not need to dress as well for the work
which they perform as did the employees in restaurants, stores, and
offices.”
The bureau is authorized to issue rules and regulations under which
physically defective workers may be employed at a lower rate, and
learners and apprentices employed at less than the minimum, all
under special licenses. The wage of a minor is not necessarily to be
a living wage, but may not be “ unreasonably low.”
168
OPERATION OF TH E LAW S.
ORDERS AND RATES.
GEN ER AL IN V E S T IG A T IO N .
Twelve orders have been issued by the compensation bureau in the
exercise o f its functions as fixed by the hours and wages act. These
all bear date o f June 15, 1920, and the date when effective was uni
formly fixed for August 16. A ll bear the attestation of the secre
tary of the bureau and the signature of the secretary o f the mini
mum-wage department.
The investigation preceding the establishment o f these orders
was general, being conducted by the secretary and special investiga
tor of the bureau in its capacity as a minimum wage Commission.
Twenty-seven cities were visited, localities with a population under
500 being omitted for the reason stated above. The number of
establishments visited ranged from 40 in Fargo to 3 in Kulm. They
included practically every class o f employment for women in the
State, factory work being practically nonexistent. Wages in 96 re
tail stores ranged from $6 to $25 per week; in confectionery stores
from $7 to $13; in telephone exchanges from $7.50 to $14.50; in
laundries from $7 to $11; in hotels and restaurants from $3.50 to
$18, and in hospitals from $6 to $7.50. The average weekly wage
without room or board was $ 1 1 .1 1 , and where room and board were
furnished, $7.85.
An average estimate for room and board throughout the State
was for board $7 and for room $2.25 per week; 30 employees sub
mitted estimates o f sundries averaging $3, to which it was estimated
that an average weekly expense for clothing o f about $4 per week
should be added.
Woman workers wTere divided into two classes— one composed of
those required to make a good appearance, while in the other were
those who might wear less expensive apparel during working hours.
In the first group were placed mercantile employees, office and cleri
cal help, waitresses, and telephone operators; the second class includes
laundry workers, chambermaids, factory workers, and kitchen help
in restaurants, hotels, and hospitals. The difference in expense was
estimated to be 75 cents per week, so that the minimum expense for
the two groups was placed at $16.25 and $15.50 per week, respectively.
In presenting her report the investigator made comparisons be
tween local conditions as found by the investigation and the results
of studies in the District of Columbia and Massachusetts; appren
ticeship schedules were submitted for purposes of comparison, using
those adopted in Washington, Oregon, and Minnesota as illustra
tions. Compilations o f the Federal Bureau of Labor Statistics were
also used to justify the finding that the present cost of living is such
as to warrant the amounts recommended for North Dakota at the
date o f the report, even though considerably above the amounts
named in earlier orders in other States. The recommendations sub
mitted covered hours of labor, practically conforming to the statute
of March 6 , 1916; sanitary standards to be drawn from those adopted
in other States so far as consistent with conditions in the State o f
North Dakota; and the minimum-wage rates of $16.25 and $15.50
per wTeek respectively for the two groups of employees enumerated,
Other recommendations covered the allowance for room and board
and apprenticeship schedules.
"NORTH DAKOTA.
169
This report was submitted in January, 1920, and the bureau pro
ceeded to organize conferences for the establishment of rates. The
industries investigated, and for which conferences were organized,
were public housekeeping, personal service, office employments, man
ufacturing, laundries, student nursing, mercantile establishments, and
telephones. During the month of February, 1920, public hearings
were held in 10 cities in the State. A t these hearings employers,
employees, and the public were heard, in so far as their participa
tion could be secured, as preliminary to the call of conferences. 44At
these hearings very little interest was shown by employers and the
public alike,” though at the conferences a much greater interest was
shown. Each conference was formed of three members each o f em
ployers, employees, and the public, all selected by the compensation
bureau, the same public representatives serving on each. The orders
finally issued were unanimously approved at each conference, with
the exception of the telephone industry, in which the employers were
opposed to the other six members of the conference.
Order No. 1 is simply a regulation as to the keeping of employers’
records; No. 2 is a sanitary code for all classes of employment; No.
3 is a general regulation fixing the hours of labor per day and week
in towns of over 500 population, though in no locality may there be
reemployment on a second date without the intervention of at least 9
hours’ rest. Work from 36 to 48 hours is to constitute a full week,
entitling to a week’s wages. Where a shorter time is worked, hourly
rates are established on a proportionate basis. The fourth order
regulates the employment of minors, but has no reference to wages.
PU B L IC H O U SEK EEPIN G .
The wage orders are numbered 5 to 12 . No. 5, relating to public
housekeeping, fixes a minimum weekly rate o f $17.50 for waitresses
and counter girls and $16.70 for chambermaids and kitchen help.
An apprenticeship of four months is allowed, divided into two pe
riods of two months each. Waitresses, entering at $14, advance to
$16 in 2 months, while chambermaids and kitchen help begin at
$13.20, advancing to $15.20. Not more than 25 per cent o f the help
shall be paid a weekly rate less than the minimum. The order also
fixes allowances where lodging or lodging and board are furnished.
The order appears in full on pages 321 and 322.
PER SO NAL SER VIC E.
Order No. 6 relates to personal service, including manicuring, hair
dressing, barbering and similar work, and the work of ticket sellers
and ushers in theaters. The weekly minimum is fixed at $17.50 for
experienced workers, learners beginning at $13, the rate being in
creased by $1 every 3 months for a year. Ushers and ticket sellers
are not required to serve any period of apprenticeship. This order
appears in full on pages 322 and 323.
OFFICE OCCUPATIONS.
The seventh order relates to office occupations and fixes a weekly
minimum o f $20 with 9 months’ apprenticeship. Beginners are to
receive $14 for 3 months, $16 for the second quarter, and $18 for the
third. This order is reproduced on page 323.
170
OPERATION OF THE LAW S.
M A N U F A C T U R IN G OCCUPATIONS.
Order No. 8 applies to manufacturing occupations and establishes
$16.50 per week as the minimum, with various apprenticeship periods
and rates for different classes of employment. Not more than 40
per cent o f the employees in any manufacturing establishment shall
be apprentices except by special permit. For the full text of this
order see pages 323 and 324.
LA U N D R IE S.
Order No. 9 relates to laundry work, and prescribes a weekly mini
mum of $16.50, or $16 if laundry privileges are allowed. An ap
prenticeship period o f four months, equally divided, is allowed, begin
ners receiving $12 , advancing to $14 in two months. The number o f
learners is limited to 25 per cent of the total number o f employees/
This order is shown on pages 324 and 325.
S TU D EN T NURSES.
Student nurses are required by order No. 10 to receive a wage dur
ing their first year of training of not less than $4 per month, during
the second year not less than $ 6 , and during the third year not less
than $8. Full maintenance including uniforms and laundry work is
contemplated. I f board and room are not furnished, an addition of
$10.25 per week is directed- For the order in full see pages 325
and 326.
M E R C A N T IL E OCCUPATIONS.
By order No. 1 1 , women in mercantile occupations are to receive not
less than $17.50 per week if experienced. An apprenticeship period
o f one year with quarterly advances is provided for, beginners re
ceiving $12 per week and $1 additional at the end of each fchtfee
months. This order appears in full on page 326.
TELE P H O N E EX C H A N G E S.
W ork in telephone exchanges is regulated by order No. 1 2 , a
weekly minimum of $16.50 being prescribed. Nine months is al
lowed for apprenticeship, the entrance rate being $ 12 , advancing to
$14 after three months, and to $15 af^er six months. Special licenses
are to be granted in establishments which do not require the con
tinuous presence of an operator, lower rates being payable on ap
proval by the bureau. This order appears in full on page 327.
EFFECT
OF
THE
LAW .
It is too soon to announce any particular results of the law, even
if its operation had not been interfered with by the injunction. The
commission has contact with the employers both with regard to wages
and to hours, and the enforcement of the 8-hour law has proved
rather difficult. It is the opinion of the minimum wage department’s
secretary that the minimum-wage law will be better received than the
8-hour law, “ because fair employers believe that the basis for com
petition is made more consistent by the establishment o f such a
wage.”
OPEEATION OE TH E LAW S.
171
OREGON.
SKETCH OF THE LAW .
The Oregon law was enacted in 1913, and created a welfare com
mission o f broad scope, as its name indicates, including maximum
hours and standard conditions of labor, as well as wages. Power
to declare standards in practically all that affects employment con
ditions is vested in the commission. Its investigative powers are o f
the usual scope, and employers are required to keep registers o f
women and minors employed, such registers to be open to inspection.
Public hearings, to which witnesses may be subpoenaed, are pro
vided for.
I f preliminary investigation discloses the need o f standards, a
conference is authorized whose recommendations when passed by
two-thirds o f its members are the basis of action by the commission.
These recommendations may be approved or disapproved, in whole
or in part, and any disapproved matter may be referred to the same
or a new conference. I f approved, public hearings are held, follow
ing which an order may be issued, effective in 60 days. Wages for
minors and their employment conditions generally are in the hands o f
the commission without the intervention of a board. Separate orders
for the needs of localities and occupations may be made. Observance
is compulsory and questions of fact are not subject to appeal. Ques
tions of law may be appealed to the circuit and the supreme court
of the State in order.
The Oregon statute is conspicuous in the history of minimumwage legislation as being the one around which the battle o f consti
tutionality has centered. An account o f the legal proceedings is
given on pages 33 to 42.
Fortunately for the activity of the commission, the lower court,
differing from that in Minnesota, took the position that the law was
constitutional and refused to issue any restraining order against the
commission. Thus while the commission was to some extent hampered
in its activities by the fact of the legal contest, it has never been
kept from issuing orders or enforcing them.
The law stands to-day practically as originally enacted. An amend
ment by the legislature in 1915, not affecting the minimum-wage
proposition, relates to the allowance of overtime work in emergencies,
while another amendment in 1917 took away from the commission its
right to regulate the hours of labor of women in harvesting, packing,
curing, canning, or drying perishable fruit, vegetables, or fish.
COMMISSION AND STAFF.
The commission provided by the act consisted of three persons
appointed for terms of three years each. One is to represent the
interests o f the employer class, one those of the employed, and a
third is to be 44fair and impartial between employers and employees
and work for the best interests of the public as a whole.” No provi
sion is made for salary, though all authorized and necessary expenses
are to be paid by the State. The commission is to effect its own
organization and elect a secretary, not a commissioner, who shall re
ceive such salary as shall be fixed by the commission. No provision
OPERATION OF TH E LAW S.
172
is made for the appointment of a woman, but as a matter of practice
one member has always been a woman, and during a considerable
part of the time a woman has been secretary. In fact the active
secretarial work has always been conducted by a woman, the office
staff consisting o f the secretary and one stenographer. The statute
creating the commission appropriated the amount of $3,500 per an
num as a continuing provision. In 1917 an attempt was made to pass
a consolidation bill to bring together various State agencies interested
in labor. This failed, but the contemplated appropriation in the
event o f the success of the consolidation was all that was allowed,
that is $4,000 for the biennium for the industrial welfare commis
sion and a like amount for the child labor bureau. This reduction
o f appropriation led to a voluntary consolidation of these two offices,
making available the same quarters and the sharing of the time of
an assistant secretary. Inspectors o f the child labor bureau also
render part-time service, while there is a degree o f cooperation with
the State labor bureau.
The policies of the commission have been practically continuous,
the employer representative on the commission having been the same
from the first. Changes have occurred in the other two positions
due rather to force of circumstances than to any political or other
influence that might have occasioned changes in the policies o f the
commission. Interested groups have taken steps to promote the ap
pointment of desired persons, but the matter has been quite freely
in the hands o f the governor. The Consumers’ League o f the State
has been active in undertaking to see that a steady advance should be
maintained in the establishment of standards and a recognition of
changing industrial conditions.
ESTABLISHMENT AND ENFORCEMENT OF RATES.
The preliminary investigations authorized by the law are to be
undertaken by the commission without reference to any petition or
appeal and may extend to- any industry in any locality, either by
personal investigations or through authorized representatives. The
recommendations o f the conferences or wage boards were for some
time regarded as not subject to modification, but only to acceptance
or rejection in whole or in part. In August, 1919, however, the
attorney general ruled that it was within the powers of the commis
sion to modify recommendations and submit its conclusions to the
public hearings contemplated by the law. The public hearings are
said to be rather perfunctory performances, practically all activity of
interested persons being expended on the conferences. The matter
o f revision of orders is not specifically mentioned in the act, and the
procedure for the issuing o f new orders is practically the same as for
original action. Promulgation is effected by mailing a copy o f the
orders to employers affected “ as far as is practicable.” Employers
are required to post orders in conspicuous places in their workrooms.
The greatest flexibility with regard to branches o f occupations and
localities is provided for, conferences being authorized to make
different recommendations and the commissions to issue different
orders according to varying industrial and local needs. Enforce
ment is by inspection in which the commissioner o f labor statistics
in his inspection of factories and workshops and the officers o f the
OREGON.
173
board o f inspection of child labor are directed to cooperate. Con
siderable information is also furnished by interested parties, members
of labor unions, social service agencies, the police departments of
cities and towns, etc. Discrimination against or discharge o f active
employees is penalized, as is failure to pay the prescribed amount. A
suit to recover unpaid balances may include also a claim for attorney’s
fees, and an agreement to work for less than the minimum is no de
fense in such suit. As is quite commonly found to be the case, sus
pected discriminations or discharges are difficult of proof. However,
few cases are known to have occurred. In the matter of wages, con
ditions at the time of the investigation (October, 1919) were said to
call for higher rates than the minimum fixed by the orders except
that in a few cases apprentices were not properly compensated. It
was usually found necessary only to call attention to the situation to
have it remedied. Where less than the minimum has been paid at
any time, no action at law has been taken, the employers preferring
adjustment rather than to face criminal prosecution and civil action.
The commission has used its moral force, and may direct payments to
be made to the office. However, the attitude o f employers is said
to be generally one of a recognition o f the law as a declaration o f
the State policy to be complied with by them.
WAGE BOARDS.
The law provides that conferences comprising representatives of
employers and employees in equal numbers, not more than three o f
each, and not more than three disinterested persons representing the
public, shall be organized to consider the subjects investigated by the
commission and referred to them for action. The boards organized
have regularly consisted of nine persons, three from each group. No
provision is made in the statute for the mode of appointment of
these representatives, but nominations are usually made by the
members o f the commission which represent the respective interests,
i. e., the employers’ representative on the commission names em
ployer members of the conference, etc. It has been a uniform prac
tice that all nominees shall receive unanimous approval, but it has
only rarely occurred that anyone’s nominee has been subject to ob
jection by other members o f the commission.
No difficulty has been experienced in regard to the willingness of
persons to serve, the principal question being to secure competent
employee representatives. While the law contemplates separate con
ferences for the different industries, the practice has grown up to
make use o f a single conference, calling upon it to act for each indus
try in turn, though the early orders were based on the organization
of conferences made up separately for each industry. The commis
sion is of the opinion that these representatives, especially of the em
ployees, gained in capacity to represent their constituents by such
service, and may develop something of a group spirit by virtue of
their experience, though this depends, of course, on each woman’s
own outlook and development. So far as discovered, conference
members have not jeopardized their positions by reason of service.
Employer members have freely given a high degree of service, the
commission reporting that “ there has never been any trouble to get
the best and busiest men.” It is believed that the mutual contact of
174
OPERATION OF TH E LAW S.
employers and employees has served to unite the two factions, some
employers for the first time coming into such frank and open contact
with representatives of their employees. The function of the public
representatives is regarded as an important part of the system. “ It
is the public that foots the bills and its representatives are an essen
tial factor in the situation.”
No provision is made for compensation for any members o f the
wage boards, their service being rendered as a “ labor of love.” The
commission feels that there should be no compensation, and since it
has been the practice to select membership from residents of Port
land, there has been but little called for in the way o f financial
sacrifice. “ The performance of their duties is a matter of public
service, and should be kept free from commercialism.”
Witnesses may be called for from any section of the State and are
to be paid the same mileage and per diem as are allowed by law to
witnesses in civil cases before the circuit court o f Multnomah County.
There is some lack of hearty cooperation on the part of witnesses,
employees apparently feeling reticent in speaking of their own em
ployment conditions for fear of incurring the displeasure of their
employers. So far as employers are concerned, there is no difficulty
with regard to access to records.
GENERAL
CONSIDERATIONS.
The Oregon statute is based on a general consideration o f the
needs o f employed women, including not only wages adequate to sup
ply the necessary cost o f living and maintain health, but also the
surroundings and conditions, sanitary or otherwise, that may affect
health or morals. The basis for wage regulation is the supplying
o f actual needs in such an amount as will afford not only the current
maintenance o f health but relief from worry or fear, which is in
itself injurious. The commission is said tacitly to avoid reference
to morals, as both employees and employers resent any inferences
with regard thereto. Employees also dislike the term “ welfare ”
as too patronizing. The commission is therefore practically re
stricted to the consideration o f health in all its deliberations, though
in the case o f restaurant employments and ushers in moving-picture
theaters at night the question o f morals was inevitably involved. It
-was felt that, in common with most other States, the general tend
ency was to determine a mere existence rate rather than a living wage
in any just sense.
As to the needs o f different employments for different wage rates,
'an examination o f the orders in their sequence discloses the fact that
in the earlier orders there was a recognition of supposed differences
o f need, as of clerks and office girls requiring more expensive clothing.
No distinction appears in the current orders which are o f more recent
issue. No difference was ever recognized in regard to quantity or
quality o f food or the incidental needs of recreation, self-improve
ment, etc. “ Indeed, to recognize differences o f this sort would tend
to develop undesirable class distinctions.”
Allegations as to differences in local conditions are said to have
some basis in the fact that in the smaller places the girls more largely
live at home, causing a reduction of various expenses, while street
OREGON.
175
car fares also are usually not required. Distinctions in this respect
were recognized in orders prior to August, 1919, but the later orders
disregarded them. This action was based on reports by the State
labor commissioner that the cost o f living was actually higher in some
of the smaller places than it was in the city o f Portland. The present
orders are uniform throughout the iState.
Minor employees are not to be allowed to receive “ unreasonably
low wages,” and the commission is authorized to act independently o f
wage conferences with regard to this subject. The law of the State
makes the minimum age o f employment 14 years, and a separate order
covers employment conditions from that age until the eighteenth year
o f age is attained. The position of the commission o f this State is
that the younger employees should be enabled only to make contribu
tions to their support, and not to support themselves, especially
under the age o f 16. This position is taken both to avoid lessening
the responsibility o f parents, and because high earnings are believed
to be injurious to young persons, who are tempted to leave school and.
become extravagant and impudent, and develop false standards gen
erally. Indeed the attitude of the commission is rather to discourage
the employment o f those under 16 than to make it easy or profitable.
The minor is a learner and not presumably able to render the meas
ure o f service that would warrant the payment o f a living wage.
However, there was a feeling that the provisions for learning time
were rather burdensome, as in most occupations the majority o f
learners demonstrate their fitness or unfitness in a shorter time than
the periods fixed by the order, and, if qualified, should receive more
rapid advancement. An end that is greatly to be desired is the devel
opment of some regulated system that will prevent drifting and secure
a definite basis of training, stabilizing the learners as a group and a f
fording them a real apprenticeship. Some complaint is made that
learners are shifted from one occupation to another so as to retain
them at learners’ rates. On the other hand it is difficult to determine
arbitrarily as to the question o f experience, since, for instance, a sales
girl in a country store would not necessarily be qualified thereby for
employment in a city establishment. The commission has established
a system o f preapprenticeship permits in certain lines of work and
for a testing out period before even the learners’ rates are required.
This has proved quite satisfactory, though the returns also showed
a very considerable failure to remain in the service. Thus o f 42 such
permits issued but 12 remained for the full month of the period; o f
these eight were in the employment which they first entered.
As in the laws generally, provision is made for the issue of special
licenses to substandard workers. The attorney general ruled that
tlie commission had no power to limit the percentage of such workers
that the establishment might em ploy; on the other hand the experi
ence of the commission has shown no great necessity for such restric
tion. The average was said to be probably not six in a year, though
at the time o f this inquiry (October, 1919) there was a case before
the commission in which 12 or 14 persons in a single establishment
were reported as not making the minimum, and the commission was
anticipating a request from the employer for licenses; this would
require a extermination as to whether the employees were really
incompetent sr whether the rates paid were too low.
176
OPERATION OF THE LAW S.
ORDERS AND RATES.
The Oregon law was filed in the office of the secretary of state
February 17, 1913, and went into effect June 3 o f that year. The
governor had previously appointed the commission, which met on
June 4 for its organization. On June 6 a secretary was appointed
and immediate steps were taken to gather information as to wages,
hours, and general conditions of women and minors. Informal hear
ings were held with employers and employees in retail stores, manu
facturing, fruit canning, laundries, restaurants, telephone, and tele
graph industries. In all, 16 such hearings were held and special data,
not ascertainable at the hearings, were gathered by the secretary.
Separate conferences were organized for the first series of orders,
but in April, 1916, one set o f conferees took up in turn each industry
for the revision of existing rates. A second revision was made in
1918, following representations by the Consumers’ League that the
1916 rates were inadequate. This action followed a similar con
ference, which considered the rise in costs of living, and recom
mended a corresponding increase in the minimum rates then in force.
M INORS.
The commission decided to act immediately, as it might without
the appointment of a conference, with regard to the wages and hours
o f minor girls, restricting this order to female minors, though both
sexes up to the age of 18 years were subject to their orders. How
ever, the same provision as to public hearings applied as when con
ference recommendations were being considered. A public hearing
was therefore called in the office of the commission at Portland on
August 5, 1913. The questions submitted at that hearing were
limited to minimum wages and maximum hours for the employment
o f girls between the ages of 16 and 18 years. Following this hear
ing, Industrial Welfare Commission Order No. 1 was issued, to be
effective October 4, 1913, fixing a rate of $1 per day as a minimum
for girls between the ages o f 16 and 18 in manufacturing or mercan
tile establishments, millinery, dressmaking or hairdressing shops,
laundries, hotels, restaurants, telephone, or telegraph establishments
or offices. The order was State-wide in its effect, and continued in
force until superseded by order No. 2 1 , issued July 3, 1916, and
effective September 1 following. This order was of broader inclu
siveness, applying to boys as well as girls between the ages of 16 and
18, and fixing a weekly rate o f $ 6 . It contained more detailed pro
visions as to the hours per day and days per week that might be
worked, and also as to rest periods and the employment o f girls at
night.
This order was repealed by No. 35, issued April 1 2 , 1918, effective
Jane 12 following, establishing rates for minors o f both sexes be
tween 14 and 15, 15 and 16, and 16 and 18 years of age, the rates
being $5, $6 , and $7.20 per week, respectively, with an advance o f 50
cents per week every 6 months after the age of 16 has beer attained
until the age of 18 is reached, when the minimum wage for adult
workers was required.
The foregoing order was in turn superseded by order No. 46 issued
August 12 , 1919, to be effective October 14. This carried over the
OREGON.
177
details of order No. 35, with an advance in the rates in accordance
with the increased cost o f living at that date. A ll these orders make
exceptions for apprentice rates that may be otherwise arranged by
the commission. The order is given in full on page 232.
M A N U FA C TU R IN G .
As a result o f the informal hearings noted above, the commission,
acting on its own initiative, organized a conference relative to the
employment o f women in manufacturing establishments in Port
land. This conference held its first meeting on July 22 , 1913, and
was called upon to consider the weekly sum required “ to maintain
a self-supporting woman in frugal but decent conditions of living
in Portland.” The essentials were said to be respectable lodging,
three meals a day, clothing suitable for the work performed and
“ some provision for recreation, care o f health, and self-improve
ment.” Questions as to hours and lunch period were also submitted.
The conference report recommended consideration for each industry
separately on account of the differing character o f the work and
permanence of employment. “ It is apparent, however, that there
must be a minimum below which it is unwise for society as a whole
to permit its workers to be employed.” It was felt that “ considera
tion must also be given to industry as it exists, and care must be
taken that injustice is not inflicted in an effort to remedy abuses that
have long existed.”
The discussion, so far as it was based on budgets of living costs,
was said to be very scattering. The conference recommended a
standard minimum of $8.64 per week, “ any lesser amount being in
adequate to supply the necessary cost of living to woman workers and
to maintain them in health.” A tentative recommendation was also
made with regard to learners and apprentices in manufacturing estab
lishments, suggesting a minimum of $1 per day.
Following a public hearing held September 9, an order was issued
effective November 10 , 1913 (order No. 2 ), applicable to experienced
adult women, and fixing a rate of $8.64 per week. The foregoing
order was superseded on September 1 , 1916, by order No. 9 issued
July 3 of that year. The new order did not change the standard
minimum, but established apprenticeship terms of three equal
periods o f four months each, with minimum rates of $6 , $7, and $8
weekly respectively. The number o f learners was limited to 25 per
cent o f the total. Other details as to hours, scope o f the order, etc.,
were added.
The two foregoing orders related to the city o f Portland only.
In the meantime a State-wide conference was organized, covering the
districts outside the city of Portland, the idea being to “ put all o f
the industries in the smaller towns of the State on an equal footing.”
This conference was also asked to consider industries in Portland
not regulated by previous rulings. It was the indicated intention
that this conference should be preliminary to special conferences for
different industries. However, this conference submitted a finding
“ that the sum required per week to maintain a self-supporting
woman in frugal but decent conditions of living as an absolute mini
mum is $8.25.” One year’s employment was named as adequate for
37559°— 21------- 13
178
OPERATION OF TH E LAW S.
securing experience, though not necessary in all cases, and it was
recommended that inexperienced workers should receive not less than
$6 per week. Other recommendations related to hours of labor and
night work.
A public hearing was called for December 9, 1913, following which
a general order, No. 5, was issued, to be effective February 7, 1914.
This covered all industries in the State paid by time rate, and
established the wage recommendations of the conference. This order
was rescinded by various orders issued July 3, 1916. Order No. 10 of
the same date which related to manufacturing occupations in the
State outside of Portland, adopted the same weekly minimum, but
modified the provisions as to apprenticeship periods and rates. These
were made to conform to the rates fixed for the city o f Portland, and
the percentage of learners was similarly regulated.
In this connection note may be made o f a special provision for preapprenticeship made by the commission on August 31, 1914. A cir
cular letter o f that date was addressed to the milliners and dress
makers of the State, announcing a decision of the commission, “ in
view o f the circumstances surrounding the apprenticeship conditions
in the millinery and dressmaking trades, to permit a preapprentice
ship period o f one month to women and girls who wish to learn
either o f these trades.” This was to be regarded as a test period, dur
ing which they might be engaged at a rate less than $6 per week. At
the end o f the 30 days, however, at least this sum must be paid, and
the regular yearly term should date from the end of the month’s trial.
This provision applied only to women and girls who had had no pre
vious experience at dressmaking or millinery.
The foregoing orders as to manufacturing occupations were super
seded on June 1 2 , 1918, by an order o f April 12 , applicable to manu
facturing establishments throughout the State, including the city
o f Portland. This fixed a weekly wage for experienced women of not
less than $11.61. The same provisions as to apprenticeship periods
and the percentage of learners contained in orders Nos. 9 and 10
were carried over, but the initial rate for learners was $7.20, advanc
ing to $8.40 for the second period and $9.60 for the third.
This order was in turn superseded by No. 39, issued August 12 ,
1919, effective October 14. This established a weekly minimum o f
$13.20, the three learning periods calling for payments of $9, $10,50,
and $12 per week, respectively. This order appears on pages 328
and 329.
M E R C A N T IL E OCCUPATIONS.
The movement for a mercantile conference was fostered by the mer
chants themselves, but grew out of the action initiated by the com
mission in regard to the employment o f minors, especially in the
matter o f closing at 6 p. m., which interfered with the custom of
keeping open late on Saturday evening, the order forbidding the em
ployment o f any girl under 18 years of age after 6 o’clock. The mer
cantile conference for retail stores in Portland held its first meeting
on July 21,1913. The same questions were submitted to it as to women
in mercantile establishments as were submitted to the conference on
manufacturing employments. The Consumers’ League submitted a
proposition to recommend a rate o f $10 per wreek, employee repre
sentatives also claiming that $9 or $10 was the least possible mini
OREGON.
179
mum. An employer claimed that at $10 per week it would not be
possible to employ as great a number o f clerks as were needed to
wait on the public. He also deprecated the exclusion of minors from
retail-store employments, “ as they secure education and all-round
training and culture in the stores.” Various budgets were submitted
by the employers, ranging from $410 per year to $825. One employer
representative who found that the average cost of living for mercan
tile employees was $580 per year suggested a weekly minimum o f
$9,25, though the annual budget figured $11.15 per week. A witness
protested that not more than $7.50 should be fixed, and that a higher
minimum would “ put the $6 girls out of their jobs,” Employee rep
resentatives held out for $40 per month, but the final recommendation
was for $9.25 per week for a 50-hour week, work after 6 p. m. beingforbidden. This order became effective November 23, 1913, and gov
erned the employment o f women in retail stores in Portland until
superseded by order No. 7, issued July 3, 1916. This order adopted
the same rate per wTeek, but fixed apprenticeship periods covering one
year divided into three equal parts, for which minimum rates o f
$6 , $7, and $8 , respectively, were established.
On the same date with the foregoing, and like it effective from and
after September 1, 1916, was order No. 8, applicable to the mercan
tile occupation in the State outside of Portland. This adopted a
weekly minimum of $8,25, but the apprenticeship periods and rates
were the same as for Portland. Orders Nos. 25 and 26 (April 12 ,
1918), applicable to Portland and the rest o f the State, respectively,
superseded the foregoing, differing only in regard to the hours of
labor per week. The weekly minimum was fixed at $1 1 .10 , the rates
fo r learners being $7.20, $8.40, and $9.60 for the three learning
periods provided. Thesje were reduced to an aggregate o f eight
months, the first continuing for one month, the second for three
months, and the third for four months.
Orders Nos. 37 and 38, issued August 12,1919, and effective October
14, are applicable to the city of Portland and the rest of the State,
respectively. They are identical throughout with the single excep
tion of permitting outside stores to employ women until 8.30 p. m.
instead of only until 6 p. m. as in the city. A weekly minimum rate
of $13.20 is established. The apprenticeship terms fixed by orders
Nos. 25 and 26 are retained, the rate being $9 for the first month,
$10.50 for the next three months, and $12 for the four months fol
lowing. For the text of order No. 37 see pages 327 and 328,
OFFICE OCCUPATIONS.
A conference was organized on September 3, 1913, to consider the
wages and hours of woman employees in offices in Portland. The
data at hand were very fragmentary. A public representative re
ported the average cost of living for stenographers to be $56.41;
fo r general office help, $42.04; averaging $46.15 per month. How
ever, he moved that a $40 minimum be recommended, and the motion
was carried without dissent. This order was issued to be effective
February 2 , 1914, being order No. 4 o f the commission. The revision
of 1916 retained the $40 rate for the city of Portland (No. 17), fixing
an apprenticeship period of one year, divided into three equal parts,
180
OPERATION” OF TH E LAW S.
with minimum rates of $6 , $7, and $8 per week, respectively; while
outside the city of Portland (No. 18) the weekly minimum was
$8.25, with the same apprenticeship periods and rates as above.
Orders Nos. 32 and 33 applied to the city of Portland and the
remainder o f the State, respectively, fixing the rate of $48 per month
for both areas, apprenticeship rates being $7.20, $8.40, and $9.60
per week for the three periods. The only difference is in the num
ber of hours per week, 51 in the city and 54 outside. These orders
were issued April 12 , to be effective June 12 , 1918. Both were
superseded by order No. 44, issued August 1 2 , 1919, and effective
October 14. This ignored local differences, i f any, and adopted a
$60 minimum monthly rate, the weekly wage for apprentices being
$9 for the first four months, $10.50 for the second, and $12 for the
third. This order is given on page 331.
PER SONAL SER VIC E.
The first order on the subject of personal service bears the date o f
the first general revision of orders, i. e., July 3, 1916, effective Sep
tember 1 . O f the same date is a general order (No. 6 ) relating to
employers’ records.
To carry out the principle observed in the earlier orders, the per
sonal service occupation was adjudged to call for different rates in
the city of Portland and elsewhere in the State, a minimum of $8.64
per week being prescribed for the city and $8.25 elsewhere. One
year o f apprenticeship divided into three equal periods was provided
for, with weekly rates o f $6 , $7, and $8 for the three periods, re
spectively; this applied to the city (order No. 11) and to other
localities (order No. 1 2 ) alike. The employments covered include
manicuring, hairdressing, barbering, and other work o f like nature,
and the work of ushers in theaters.
The revision of 1918, effective June 12 , covered all parts of the State,
fixing a weekly minimum o f $11.61, the three apprenticeship periods
calling for $7.20, $8.40, and $9.60 per week, respectively. Pianists
who are sheet-music demonstrators were added to the list o f those
affected. The next order in this field (No. 40) omitted pianists from
its scope, and fixed a weekly minimum o f $13.20, prescribing $9, $10.50,
and $12 as minimum rates for the three periods of the apprenticeship
year. This order appears on page 329.
L A U N D R Y OCCUPATIONS.
The consideration of employment in laundries was requested by
employers. It developed at the hearings that the rates and earnings
vary considerably, the week ranging from 42 to 50 hours, the lowest
wage being $1.25 per day, though earnings o f $5.20 were shown for
48 hours o f work per week. One of the difficulties of this occupa
tion is the heavy fluctuation in the amount of work demanded on
different days of the week. The chairman of the conference urged
the laundrymen to get together and make some proposition looking
toward the payment o f a weekly living wage, even if full-time work
was not furnished the women. Rates as low as $5.20 or $6 per week
were said to be impossible o f consideration. At the next meeting
OREGON.
181
the employers offered a rate of $1.35 per day, or 15 cents per hour,
for a 54-hour week, though they could not guarantee the full 54
hours necessary to earn $8.10 . They clearly preferred an hourly rate
to a guaranty o f any weekly wage.
The first orders issued bore date of July 3, 1916, and fixed $8.64
per week for experienced women in the city of Portland and $8.25
elsew'here. An apprenticeship term of one year was fixed, divided*
into three equal periods, the weekly rates prescribed being $6 , $7 ,
and $8, respectively. The two orders (Nos. 13 and 14) were identical
in regard to the apprenticeship term.
In 1918 a single order was issued for the State, advancing the
weekly rate to $11.61, the rates for the learning periods being $7.20,
$8.40, and $9.60, respectively. This rate was advanced to $13.20 as
the standard, with rates for learners o f $9, $10.50, and $12, by order
No. 41 issued August 12 , 1919. A ll these orders limit the number o f
workers at less than the standard minimum to 25 per cent of the
whole number of women employed. The text o f order No. 41 ap
pears on pages 329 and 330.
TELEPH O N E AN D TE LE G R A P H OCCUPATIONS.
Orders Nos. 15 and 16 prescribe rates for women employed in tele
phone and telegraph occupations in the city o f Portland and else
where in the State, respectively. For the city a weekly minimum o f
$8.64 was prescribed for experienced women, $8.25 being the mini
mum elsewhere. The orders arc identical so far as apprenticeship
terms and rates are concerned, fixing a total period of one year. In
telephone establishments there were to be four equal periods of three
months each, calling for payments of $6 , $6.60, $7.20, and $7.80, re
spectively; while in telegraph establishments there were three equal
periods of four months each, involving the payment of $6 , $7, and $8
per week for the respective periods. These orders bore date of 1916.
In 1918 orders Nos. 30 and 31 superseded the above, and estab
lished identical wage rates for the city and the State at large, the
rate for an experienced worker being $11.61 per week. Apprentice
ship rates for telephone establishments were $7.20, $7.92, $8.64, and
$9.36 for the four periods, respectively. In telegraph establishments
the rates were $7.20, $8.40, and $9.60.
The orders of 1919 on this subject (Nos. 42 and 43) are likewise
identical as to wrages, fixing a rate of $13.20 for experienced workers,
and for apprentices in telephone establishments rates of $9, $10, $11,
and $12 for the four periods of the apprenticeship term, the rates in
telegraph establishments being $9, $10.50, and $12 for the three
periods prescribed. The text of these orders is given on pages 330
and 331.
PU B L IC H O U SEK EEPIN G .
Orders Nos. 19 and 20 (1916) fixed rates in public housekeeping o f
$8.64 and $8.25 for the city of Portland and the rest of the State,
respectively. An apprenticeship term o f one year was prescribed,
though this employment, like .laundry work, which is similarly regu
lated in Oregon, is quite commonly regarded as not requiring any
protracted period of special training. The employments covered are
182
OPERATION OF TH E LAW S.
the work o f waitresses in restaurants, hotels, etc., and attendants at
ice cream and light lunch stands, chambermaids in hotels and lodging
houses^ j anitresses, car cleaners, and kitchen workers. The rates were
alike for the two areas covered, being $6 for the first period of four
months, $7 for the second, and $8 for the third. Standard charges
fo r board and lodging were also established.
A single order (No. 34) was issued for the entire State on April
12,1918, advancing the weekly rate to $11.61 and the rates for learners
to $7.20, $8.40, and $9.60 for the three periods respectively. The re
vision of 1919 (No. 45) was likewise of general application, and
fixes a weekly minimum of $13.20 for experienced workers. It retains
the apprenticeship term of one year, the weekly rates being fixed at
$9 for learners, $10.50 for the second period, and $12 for the third.
This order is reproduced on pages 331 and 332.
FR U IT P A C K IN G , CAN N IN G , ETC.
The packing, drying, preserving, or canning o f any variety o f
perishable fruits or vegetables is the subject matter of order No. 24,
issued May 1 , 1917. This subject was taken up on the request o f em
ployers who wished to secure uniform rates and systems o f payment
throughout the State, and a special conference was organized for this
industry. The commission decided to fix rates as nearly as possible
in harmony with those in force in the neighboring States of Cali
fornia and Washington, and a representative was sent to California
fo r the purpose o f conferring with the commission o f that State.
Hates were fixed for various operations on different kinds of fruit,
time rates for experienced workers being fixed at 16 cents per hour
and for inexperienced workers at 13 cents. Employment for three
weeks was said to be sufficient to constitute experience.
This order was superseded in 1919 by order No. 47, which fixed
piece rates in harmony with the advanced costs o f living, and made
the time rate for experienced workers 27J cents per hour, and for
inexperienced, 22 cents. The order is reproduced on page 333.
O T H E R ORDERS.
Other orders, not of direct interest as affecting wages, are No. 22 ,
issued July 23, 1916, effective September 1 , establishing a sanitary
code, and No. 23 o f the same date, making special regulations as to
intervals o f rest between successive workdays and work for more than
one employer, forbidding a teaching charge so as to reduce the wage
below the minimum fixed by the order o f the commission, and regu
lating the issue of emergency overtime licenses. This order was
revised in 1918 by order No. 36, which added a provision that where
business conditions render full-time employment impracticable, the
employer need pay only the resultant hourly wage for the hours of
actual employment, but must so arrange continuous employment as
to give the employee a fair opportunity for work elsewhere so as to
earn a full week’s w age; also a provision forbidding employment of
apprentices by the same employer at less than the proper advanced
rate after completing any prescribed period o f apprenticeship, unless
a permit therefor is issued by the industrial welfare commission.
OREGON.
183
EFFECT OF THE. L A W .
Experience under the Oregon law relates back to an earlier date
than even under that of Massachusetts, its first orders coming into
effect in October and November, 1913, while the earliest Massachu
setts determination dates from August, 1914; in Washington the
earliest date is June, 1914. The welfare commission has not gone
into the subject of the effects of the orders in any detailed manner.
It discovers less opposition to the wage rates than to other regula
tions administered by it. In its third biennial report it says that
“ the commission has met with the cordial cooperation of the em
ployers in adjusting complaints as to overtime, wages, and sanitary
and working conditions.”
In a study of wage conditions preceding the organization of the
conference o f 1918 on revision, it was found that of 148 laundry
workers, 3 received less than the minimum of $8.64 per week, 89
received from $8.64 to $10, and the remainder earned from $10 to $20
weekly. O f the mercantile workers, numbering 1,836, 237 received
from $6 to $7 per week, 117 from $7 to $8, and 77 from $8 to $9.25,
or in all 431 workers received less than the minimum for experi
enced employees; 462 received from $9.25 to $10; and 943, $10 and
over.
The United States Bureau of Labor Statistics made a study in 1914
o f the effect of the minimum-wage order applicable to retail stores,38
comparing records for March and April, 1913, with the same two
months in 1914, the later period beginning five months after the date
when the order relating to the employment o f minors went into effect,
and a somewhat shorter period following the mercantile occupation
order governing the employment of adults. The year o f 1914 was
one o f general business depression, and this injected other matter into
the problem o f determining the effect of the minimum wage. Fur
thermore it was too soon to permit the full effect of the order to
become known, but certain conclusions were felt to be warranted.
The lower rate for minors, i. e., girls under 18, stimulated their em
ployment as errand girls, bundle wrappers, and cashiers, to the ex
clusion of adults, though this did not extend to the more skilled work
o f selling, sewing, or office employments. There was no effect of put
ting men in positions vacated by women because o f the advanced
rates required for women. It was thought that as a whole the rates
o f pay for women had increased, though the average rates for inex
perienced adults had been reduced slightly. More girls under 18
years o f age received over $6 a week than before the order became
effective; while not only a larger percentage of experienced women
received the legal minimum o f $9.25, but also the proportion earning
over this amount was increased, as was the proportion of workers re
ceiving over $12 weekly. The minimum therefore did not tend to be
come the maximum, nor did it cause a displacement of women by men.
In October, 1919, 13 establishments in Portland, employing 5,500
women, and 10 establishments in two smaller cities, with 360 em
ployees, were visited by an agent o f the Federal bureau. Laundry
employers in the small towns regarded the law favorably, though one
38 Effect of Minimum-wage Determinations in Oregon, Bui. 176 of tlie United States
Bureau of Labor Statistics.
184
OPERATION OF TH E LAW S.
of them gave as his reason that it furnished an official basis for meet
ing radical demands; however, most o f his girls were receiving above
the minimum wage. In this establishment the apprenticeship period
and rates were observed, while in another they were disregarded in
favor o f better rates for the workers employed. The fruit industry
was an important one in these localities. The experience o f em
ployers is fairly expressed in the remark o f one that the minimum
wage did not supply them with workers, so that it was necessary to
pay more to secure the desired help; one reported average earnings of
$4.50 per day after a week’s experience. The three employers inter
viewed in this industry spoke favorably o f the law. Dry goods, telej)hone, and restaurant workers were receiving above the minimum,
and the rate established in 1919 had been o f no effect so far as they
were concerned.
In the city o f Portland but two establishments* both department
stores, reported that the higher rate of 1919 affected their pay roll
directly, though another quite large one found that the law had the
effect o f forcing up wages indirectly, since the girls objected to re
ceiving the minimum, as a sort o f reflection on their capacity. This
store also regarded the law as working a hardship upon the better
class o f workers, whose rates o f pay were said to be kept down in
order to pay the less valuable workers the legal minimum. How
ever, it was said that the commission rates had not kept women
out of jobs, and that it did not use the learners’ rates on entrance
upon employment. Another department store which reported a
heavy turnover and many girls at wages not much above the mini
mum regarded the law as o f doubtful service, though a help to the
less capable. However, few in this store got as low as the minimum
if employed any length o f time. A 5 and 10 cent store had paid
above the old rate but was following the present schedule for learners,
experienced sales girls receiving as much as $18 to $20 weekly. The
law had never interfered with the employment of girls, nor did it
increase the actual selling cost, as attention given to the training of
the selling force enabled the workers to become more efficient.
A laundryman had adopted an entrance rate o f $13.50 per week,
experienced workers receiving up to $20 , and favored the law as pre
venting undercutting, though it might result in depriving some older
women o f employment, as employers do not care to ask for licenses
for substandard workers. Hotel and restaurant employees were
found to receive considerably above the minimum, employers report
ing the law beneficial, one saying that it afforded satisfaction to both
parties to know that the wages paid and received were above the
minimum, while another favored it as taking the place o f unionism.
None o f the factories visited felt the effect o f the law, market condi
tions being said to control the wages paid, which were above the
minimum. They likewise disregarded the periods o f training estab
lished by the commission, clothing manufacturers saying that while
from three to six months were needed to attain fuil efficiency, the
desirable workers could be picked out in two or three weeks. A n
other establishment advanced apt workers after two or three weeks’
trial, while still another found from one week to one month an
adequate training time in his industry. This employer used the
piecework system in his factory, and felt that the law was advan
OREGON.
185
tageous in attracting a better class o f workers and in stabilizing em
ployment. Most employers regarded the law as having no effect upon
the opportunities of women to secure employment, though a clothing
manufacturer dismissed a few who could not attain the speed neces
sary to earn the minimum, his standard being that unless a woman
could make from $15 to $18 per week he could not afford to keep her
on the machine.
The commission reported that there was no case known o f actual
deprivation o f opportunity to work due to the law. It is felt that
employers are becoming more and more friendly, the early opposi
tion being due to a natural objection to being interfered with— a feel
ing which is being outgrown. In this connection may be noted a
comment by an employer that both sides had received beneficial
education, employers and the commission alike.
One member of the commission reported that employers were very
hostile at first, the rates being of controlling influence when first
issued. Industrial conditions are now controlling, and the employers
have conceded that the welfare commission has held a steadying
hand, and prevented radical and rigid legislation. Another mem
ber o f the commission felt that the early opposition to the law was
due to misunderstanding, and that its general support is favored by
a similarity o f conditions in Washington and California. Both these
men feel that legislative support has been scanty, as many of the
members come from agricultural sections, and are not interested in
mercantile and manufacturing conditions.
Organized labor feels that the law has been helpful to the unorgan
ized workers, but if women were more permanently employed they
wTould be better served by organization to which the law is a deter
rent. However, they have taken little interest in the matter, either
for or against the law.
PORTO RICO.
SKETCH OF THE LAW .
The minimum-wage law of Porto Rico was approved June 9, 1919.
It is said by the authorities to be patterned after the law o f Utah,
fixing the standard wage by the act of the legislature. The law ap
plies to women and girls in industrial, commercial, or public service
undertakings, and makes it unlawful to pay less than $4 per week
to those under 18, or less than $6 to those over said age. The first
three weeks of employment are considered as apprenticeship, and
are exempt from the provisions of the law. Agriculture and agri
cultural industries are excluded. Enforcement is intrusted to the
bureau o f labor.
OBSTACLES TO ENFORCEMENT.
The bureau of labor in the department of agriculture and labor
of the island is made the administrative and enforcement agency
of the law, but finds itself limited in its activities on account of
the lack o f funds, and consequently o f working force. As soon as
the bureau was informed of the approval of the law, it took steps
to make it known to employers throughout the island. A copy was
sent to each known employer of women, together with a friendly
186
OPERATION OF THE LAW S.
letter requesting cooperation and compliance. Objection was at
once raised by employers, especially in the embroidery, knitting,
sewing, and tobacco-stripping industries, that the law was not appli
cable to work done by piece or under contract. A very general eva
sion was undertaken by sending the work to the women’s homes.
Others continued existing practices and conditions,, assuming such
liabilities as might be incurred until a decision should be made by
the supreme court o f the island. O f nearly 35,000 women engaged
in work coming within the provisions o f the law, scarcely 15 per cent
received the benefits intended. “ Eighty-five per cent of them work
at home, calling at the shops or offices of their employers only to
turn in the work done and take new work away.”
The bureau of labor undertook to influence public opinion by a
general circulation of the decision of the Supreme Court of Oregon
on the law o f that State, but “ notwithstanding the efforts put forth
in order to obviate difficulties, these have been constant and invinci
ble.” Threats have been made that if the law should be sustained
factories would be closed; and, fearful of losing their positions,
women have appeared in court to testify in favor of their employ
ers in order to obtain their acquittal; and there have been cases where
women have been convicted of perjury, and consequently punished.
The recommendation of the bureau is that the law be amended to
make it clearer, though it is obvious this would not do away with the
employers’ contention that the act interferes with their freedom of
contract.
T E X A S .®
SKETCH OP THE L A W .
The Texas statute is of recent enactment (1919), and was declared
by a special provision to be in immediate effect. The act establishes
“ an industrial welfare commission,” with power over hours and con
ditions of labor as well as wages paid. The commission is made up
o f State officials, one being the head of the bureau of labor statistics,
who is chairman, one the representative of the employers of labor on
the State industrial accident board, and the third the State super
intendent of public instruction. This commission may act on its
own initiative in investigating matters affecting the comfort, health,
safety, and welfare of women and minors. Employers are required
to furnish all reports and information requested, and to furnish ac
cess to their places o f business to members o f the commission or
their employees for the purpose of making investigations authorized
by the act. Public hearings to which witnesses may be subpoenaed
are provided for, following which wages may be fixed and other
standards established. No provision is made for conferences or wage
boards.
The law covers women and minors, the latter term meaning per
sons o f either sex under the age of 15 years. Special licenses may be
issued to any person subject to the act, authorizing employment at a
fixed wage less than the minimum for a period not exceeding six
months, subject to renewal for a like period; the number of such
° Since this account was put in type the legislature of 1921 repealed this law and
passed a new bill, which, however, was vetoed by the governor, so that the State is now
without a minimum-wag'e law.
TEXAS.
187
licenses may not at any time exceed 10 per cent of the total number
of employees in the industry.
The act is of compulsory operation, failure to pay the wages fixed
being a misdemeanor. Employees may recover balances over the
actual wages paid, together with attorneys’ fees, agreements to work
for less than the minimum notwithstanding. Discharging or dis
criminating against employees testifying or about to testify sub
jects the employer to a penalty. The act excludes domestic servants,
nurses, farm and ranch laborers, and students working their way,
either in whole or in pact, through school or college,
COMMISSION AND STAEE.
As already noted the commission is an ex-officio organization of
State officials engaged in the administration of industrial and educa
tional matters. The employment o f a secretary and two investiga
tors is authorized at salaries not exceeding $1,800 per annum each.
Necessary traveling expenses are allowed within any appropriation
made. The composition of the commission means that its members
will not necessarily reflect any particular interest or policy with re
gard to the subject o f minimum wages and are subject to such changes
as are incident to changing administrations. The continuance of the
same secretary and investigators would be more significant of a pur
pose to maintain a fixed policy. The life of the commission has been
too brief to form any conclusions on this point.
The act made an appropriation in the amount of $5,000 to carry
out its provisions from its inception, April 8 to August 31, 1919.
ESTABLISHMENT AND ENEGBCEITENT QE RATES.
The fixing o f rates, as of other standards within the power of the
commission, is vested absolutely in it. However, public hearings
must be held, of which notice is to be given by publication and by
notices mailed to individuals, firms, and corporations to be investigated. Following such hearings the commission may, in its discretion,
make a mandatory order, to be effective in 60 days, establishing rates
and standard conditions of employment for women and minors in the
occupation in question. This order is to be published in at least one
newspaper in six principal cities, a copy mailed to the county clerk
o f each county, there to be recorded without charge, and also to each
employer in the occupation in question, who is to post the same in a
conspicuous place in the building in which women or minors affected
are employed. Publication and mailing to county clerks are con
clusive o f service.
Enforcement rests with the commission. Action may be taken
either by investigation or >on complaint; if complaints are sub
mitted they must be verified and proceedings taken by the commission
to enforce the payment o f the established wage. Upon request o f the
commission, the labor commissioner of the State shall cause statistics
and such other information as the commission may require concern
ing wages and working conditions o f women and minors to be
gathered.
Findings o f fact made by the commission, acting within its powers,
shall in the absence o f fraud be conclusive. Court review is pre
188
OPERATION OF THE LAW S.
scribed on compliance with certain requirements, but the determina
tions of the commission may be set aside only if it appears that it
acted without or in excess of its powers or on insufficient grounds, or
that the determination was procured by fraud. Determinations set
aside by the court may be recommitted to the commission for further
proceedings. Either the commission or the party aggrieved may
appeal to the higher courts.
Where wages or other standards have been established, the com
mission may at any time on its own initiative or upon petition call a
public hearing and rescind, alter, or amend any prior order.
GENERAL CONSIDERATIONS.
The purpose of the act is to secure the welfare of women and
minors in the State, including thereunder comfort, health, and
safety. With the exceptions of domestic and farm labor, nurses,
and students, the act is of general application to employees working
by time, piece, or otherwise. Wages and conditions for separate
industries are clearly contemplated, but no reference is made to
different rates for different localities. Indeed the phrasing of the
law suggests that orders are to be uniform throughout the State, and
it was this fact that was seized upon to delay its coming into effect.
It was claimed that labor conditions vary considerably in different
sections o f the large territory covered, and that the classes of workers
on the southern border are quite different from those dominant else
where. The act makes no provision in terms for substandard workers
or for learners, though this may be assumed to be covered by the
provision that special licenses may be issued for periods o f six
months, issuable 46to any persons subject to this act,” and authorizing
the payment o f less than the standard minimum wage. Some dis
pute arose, however, as to whether the 10 per cent limitation on the
number o f these licenses did or did not include apprentices, but it
was on the question o f zoning, or the recognition of local differences,
that the discussion was chiefly based which led to proposals for the
postponement of the operation o f the law.
Not only were there said to be differences in the cost of living
in towns and cities o f larger and smaller population, but there was
also manifest a feeling of opposition to establishing the same rates
where large proportions of Mexicans were affected as in localities
in which the principal labor supply was white native women. Op
posed to this was the expression that the law should be measured by
44its benign purposes to protect and improve the motherhood of this
State, whether it be white, JMexican, or Negro.” The discussion re
sulted in the signing of a petition by 24 members of the State
senate, more than two-thirds of that body, requesting the commis
sion not to undertake the fixing of wage rates for any industry until
after the legislature of 1921 had opportunity to adopt clarifying
amendments. A joint resolution to this effect was later adopted.
The continuance o f investigations was recommended so that the
commission would be in a position to make definite reports as to
industrial conditions to the legislature, together with recommenda
tions as to the amendments by which the law can be made workable
and meet the various local needs, The commission agreed to sus
pend wage promulgation for the time being, but continued investiga
TEXAS.
189
tions in the various industries employing women. Indeed investi
gators had been actively at work since early in the history of the
law, though no orders had been issued. These investigations had
been initiated by the commission, which found employees ready to
give information freely, though in a few cases the commission felt
that employees had been instructed and intimidated. The general
attitude o f the employers was also found to be cooperative, though
here too there were exceptions. It was felt to be due largely to the
activity of “ employer lobbyists ” that the resolution was adopted by
the called session of 1920 of the legislature asking the commission to
withhold the setting of any wage until the 1921 session.
In the prosecution of the investigations the discharge of an em
ployee witness wTas found by the county court of Harris County to
have been due to action in appearing before the commission, and a
fine o f $100 was assessed as penalty therefor. This judgment was on
appeal affirmed, (See p. 52.)
The investigations reported (Nov. 1920) cover telephone, mercan
tile, laundry, and factory industries, employers’ statements as to
wages being available for 13,311 employees in 40 cities; while costs
o f living in the same industries were compiled upon investigation o f
2,028 employees. The results' of these investigations showed an
average weekly wage throughout the State in these industries o f
$11.98, and an average cost of living of $14.78. Statements were
summarized showing averages for the State by^ separate industries,
averages in all these industries in six districts into which the State
was divided, and averages in cities classified according to population.
These summaries are as follow s:
AV ER AG E W E E K L Y W A G E AND COST OF LIVING OF FEM ALE EM PLOYEES IN SPECI
FIED INDUSTRIES IN 40 CITIES IN T E X A S , B Y IN D U STR IE S, DISTRICTS, AN D
POPULATION OF CITIES.
Item.
Cost of living.
Industry.
Telephone...................................................................
Mercantile...................................................................
Laundry......................................................................
Factory........................................................................
$12.31
12. 98
9.39
11.52
$14.14
15.44
13.78
14.65
District.
North...........................................................................
South...........................................................................
East.............................................................................
West.............................................................................
Central.........................................................................
Northwest..................................................................
13.02
11. 39
11.38
10. 44
12.31
14. 58
15.38
14.57
12.77
12.20
15.61
23.38
11.52
12. 27
11.92
12. 77
14.27
15.26
Population of cities,
Cities from 3,000 to 10,000.........................................
Cities from 10,001 to 40,000.......................................
Cities from 40,001 to 175,000.....................................
The investigation on which this report was based was said by the
commission to be “ more comprehensive than any subsequent investi
gations of the commission will be.” It covered a period of 8 months
in 1919-20, the women interviewed being asked to fill in and swear to
questionnaires covering actual living expenses under current condi
tions. The report is therefore assumed to be representative of existing
facts and not of assumed desirable expenditures. The highest average
cost o f living was found to prevail in the congested oil section, where
190
OPERATION OF TH E LAW S.
abnormal conditions exist. Otherwise the figures discount the gen
eral impression that a very great difference exists in the cost of
living in diverse sections of the State. A similar conclusion was
reached in reference to the effect o f population on living costs, the
figures indicating “ that no appreciable difference exists in the cost
o f living between the small town and large city in the matter of liv
ing essentials.” Car fare is responsible for most of the increase in
large cities. Eents, while higher in the large city, are largely offset
by the increased cost of clothing and food in the small town.
ORDERS AND RATES.
P R IN C IP A L OCCUPATIONS.
Following its investigations, the commission reached the conclu
sion that the legislature would be able to amend the law more effec
tively if it were actually in operation. Therefore on November 20,
1920, it promulgated an order, effective February 7, 1921, applicable
to telephone and telegraph companies, mercantile establishments,
laundries, and factories. In doing so the commission felt that it had
not disregarded the resolution of the legislature to withhold action
until it could act, since the legislature meets on January 11, and the
order does not become effective until nearly a month later. In any
case, a resolution of the legislature is not binding, and only a legis
lative enactment could restrain the commission from carrying out its
sworn duty. Doubtless also there was a feeling o f security due to the
decision o f the court of criminal appeals in sustaining the constitu
tionality o f the law in the Poye case (see p. 52), this being reported
as a final decision and not subject to future appeal.
The scope o f the order has already been indicated, and it includes
the principal occupations in which women and minors are employed
throughout the State. It is of general application, geographically,
fixing a uniform minimum rate o f 25 cents per hour or $12 per week
o f 48 hours, work in excess of 48 hours to be paid for at proportional
rates. The learning time is limited to one 3^ear, divided into two
equal periods, the rate for the first six months being not less than
15 cents per hour and for the second not less than 20 cents. Deduc
tions for meals may not exceed 20 cents each; provision is also made
for part-time workers, pieceworkers, and substandard employees.
F or the text of the order see pages 333 to 335.
In arriving at the rate of $12 the commission made use of its own
Investigations, with the exception of a group of minor expenditures
for which the figures of the California commission were adopted.
This made up a weekly budget o f $13.60, though to arrive at this
rate a deduction was made from the costs of clothing found by the
commission. This was based on current tendencies, merchants sub
mitting an estimate that by January 1, 1921, there would be a reduc
tion o f one-third in the costs^ found by the commission at the date
o f its inquiry. Employers objected to the $13.60 finding claiming it
to be a threat to the industries of the State, and also that the Mexican
women largely employed on the border would be overpaid at this
rate. The commissioner of labor nevertheless held out for the $13.60
rate but accepted the majority position to the extent o f signing the
decree as determined by the majority. As may be seen, the legal 54hour week would produce practically this sum.
OPERATION OF TH E LAW S.
191
UTAH.
SKETCH OF THE LAW .
The Legislature of Utah had before it at its session of 1913 a
measure closely patterned after the provisions of the Massachusetts
law, due largely to the activity of the Federation of Women’s Clubs
o f the State. Objection was made to the organization of a new ad
ministrative office, and various changes were approved, until finally
a very different measure was adopted. This act, approved March 18,
1913, established by legislative fiat three rates, one for minors tinder
the age of 18, who were to be paid not less than 75 cents per day;
another for adult learners and apprentices, of not less than 90 cents
per day; and a third for adults of one year’s experience for whom a
minimum rate of $1.25 per day was fixed. The law applies only to
female workers and was to be enforced by the commissioner of immi
gration, labor, and statistics. The powers of this official were trans
ferred to the industrial commission by chapter 100, Acts of 1917.
COMMISSION AND STAFF.
The action of the legislature in placing the enforcement of the law
in the hands o f the commissioner o f immigration, labor, and statis
tics precluded any special consideration of the matter of his interest
in minimum-wage legislation. However, the commissioner was active
in enforcing the law, using the resources of his bureau to secure its
observance, as well as compliance with other laws with whose en
forcement he was charged. On the organization o f the industrial
commission in 1917 a female labor inspector was assigned to the en
forcement of the minimum-wage law directly, though other members
of the commission’s staff cooperate and report violations when dis
covered. The commission itself is appointed by the governor for
terms of four years. While the law makes no provisions as to their
qualifications, other than political, the members o f the commission
were selected by the governor so as to represent employers, organized
labor, and the public.
Under the law there is no duty as to the minimum-wage law in
trusted to the commission or its agencies, except that of enforcement.
Questions of policy would therefore arise only as to such subjects as
the treatment of violators of the law and the supervision of appren
ticeship. When the law went into effect, May, 1913, it was o f real
influence in spite of the low rates established. The commissioner of
labor in a statement in January, 1914, reported investigating some
200 or more cases of alleged violations which had merit, and a num
ber that had not. Assuming that the prime objection of the law
makers was to secure the payment of the wages, prosecutions were not
pushed where there was a disposition on the part o f the employer to
settle with his employees in accordance with the law. More than
$6,000 was collected in the eight months covered by the report, with
but four prosecutions.
A later statement covering a full year showed recoveries of more
than $8,000, the highest individual sum being $125. Seven cases of
prosecutions were then reported, six o f which had been won, the
seventh being open at that time. One case in which recovery was
192
OPERATION OF TH E LAW S.
had was appealed to the supreme court, but decision being deferred
pending action of the United States Supreme Court, the defendant
died in the meantime and the case was dropped.
The principal method of enforcing the law was by means of in
spection o f pay rolls, though occasional complaints were received.
Cases o f discharge on account of complaint are suspected, but are
difficult of proof. In one case the girl who complained refused to
testify, having been promoted by her employer. The commission was
satisfied that ground was given for prosecution for perjury, but the
beneficial results of such a step were reported as doubtful, and the
case was dropped.
EFFECT OF THE LAW .
It was estimated that in 1913 there were about 11,500 females em
ployed in this State, those under 18 years of age constituting about
6 per cent of the total. A majority of the latter were employed as
cash girls and wrappers in department stores and received about $4
per week or $18 per month. Millinery stores that were paying girl ap
prentices from $2.50 to $5 per week dismissed some of the less profi
cient, while in establishments where the piece system was used a few
girls were discharged on account o f not being able to reach the mini
mum at the rates paid. Inexperienced adult workers formed about
10 per cent of the female employees, and the wages o f about 3 per
cent o f these had to be raised to meet the minimum, while some were
dismissed. “ Perhaps not more than 5 per cent o f the whole number
o f female employees were discharged because of this law going into
effect, and many of those who lost their employment found employ
ment in other like establishments or in other lines.” One class that
was largely driven out of employment was “ the little errand girl
in some establishments who was drawing from $2.50 to $3.50 per
week.” The commissioner expressed his opinion that the law is
“ a fairly good one and I have yet to learn where it is causing any
considerable amount of oppression or injustice to anyone” ; adding
that no establishment was known in which any considerable number
o f females was employed that was compelled to increase its pay roll
more than 5 per cent, while the average was probably within 2 and
3 per cent.
A great majority o f employers were found to be friendly to the
law and its administration, the commissioner stating (June, 1914)
that “ I believe that I am justified in saying that 90 per cent of em
ployers o f women and girls are well satisfied with the law as it now
stands and is enforced.”
It is obvious that conditions have changed to such an extent since
the date last mentioned as to suggest the need o f a different mini
mum. This fact is recognized in the report of the industrial com
mission for 1917-18, in which it is said that u the minimum-wage law
should be amended to increase both the minimum and the maximum.
The wage established by law was inadequate from the beginning.
Since the increased cost of living it is pitifully low and works great
hardship on the girls or women who are forced to accept it.” How
ever, a visit to 13 establishments employing about 2,000 females in
Salt Lake City in November, 1919, indicated that the number of per
sons who were receiving the statutory minimum was quite small.
U TAH .
193
In the establishments visited the opinion was generally expressed
that the law had been lost sight of or was really of no effect. Some
regulation of rates for women was said to be desirable, though a
general observance was favored, some speaking o f the need of inter
state regulation to equalize the matter of competition. In a shirt
factory it was said it had no use for the 90-cent rate, as the “ chair
was worth more ” ; this establishment had an entrance rate of $1.25
and average earnings o f $11.75 per week, skilled employees making
$16 and $18 or more. A knitting factory reported it impossible to
secure workers for less than $1.50 a day, earnings running up to $15
and $18 per week. Two box factories used the same entrance rate,
while two manufacturers o f candy and confectionery employed most
of their help at $1.50 a day for beginners, though one reported a few
young girls doing simple work at $1.25. Experienced workers made
$15 to $18 per week. Five and 10 cent stores reported entrance
rates of $8, $8.50, or $9 per week according to the estimate as to the
desirability o f the applicant, experienced workers earning as much as
$15 and in some cases more per week. One department store re
ported 2 or 3 girls at $6, though that class of employees was not
desired. A few girls began work at $8 but more at $9 or $10, the
average for experienced workers being $15 per week. Another large
store reported beginners’ rates o f $1.50 and $1.75 per day. These
three establishments all spoke o f the law as decidedly desirable or
good in principle, but felt that the rate was too low.
A n effort was made at the last session of the legislature to secure
an advance in the rates, but it was unsuccessful and it was thought
that the attempt would be renewed in 1921. The employees were
favorable to the law, as is organized labor, which was active in the
effort to secure an increase in the rates. There was also said to be
a generally favorable attitude on the part o f the public, which was
said to be quite generally informed with regard to the law.
WASHINGTON.
SKETCH OF THE LAW .
The statute of Washington creating an industrial welfare com
mission is one o f the group o f such laws enacted in 1913. The com
mission was organized on the 23d of July, the act by its terms go
ing into effect June 12.
As the title of the commission indicates, the law includes not
only the subject o f wages but also the conditions of labor of women
and minors in the various occupations in which they are employed
in the State. By the term “ minors ” is meant persons of either sex
under the age of 18. The commission charged with the administra
tion of the act is composed o f five persons, appointed by the governor
for terms o f four years each. The original appointments were so
made that one o f the four appointed commissioners retires on Janu
ary 1 o f each year, the fifth member being the commissioner of labor,
who serves ex officio. No person is eligible to appointment as a com
missioner who has, within five years prior to the date o f appoint
ment, been a member of any manufacturers’ or employers’ association
3 7 5 5 0 °— 21------- 13
194
OPERATION OF TH E LAW S,
or o f any labor union. Three members constitute a quorum. The
positions are unsalaried, but the commission may employ a salaried
secretary, and may also be reimbursed for expenses incurred.
The commission has power to examine books, pay rolls and rec
ords, and to bold public hearings at times specified by it, at which
all persons interested may appear and give testimony. It is also
authorized to subpoena witnesses and administer oaths; witnesses
thus subpoenaed are to receive the same mileage and per diem as
in civil cases before the superior court. Following the public hear
ing, if the commission finds that wages are inadequate or the con
ditions o f labor are injurious, it may call a conference composed of
equal numbers o f representatives of employers and o f employees
in the occupation involved, together with one or more disinterested
persons representing the public; public representatives may not
exceed the number o f representatives o f either o f the other groups.
A member o f the commission shall be a member of the conference
and chairman thereof. Recommendations o f the conference are sub
ject to review, and maybe approved or disapproved separately or as a
whole; disapproved matters may be referred to either the same or a
new conference. I f approved, an obligatory order may be issued ef
fective in 60 days. However, a longer period may be fixed if the
commission thinks that unusual conditions warrant such action.
The law contains provision for special licenses for substandard
workers, and may inquire into and regulate conditions o f labor o f
minors, without the intervention of a conference. Discrimination
against or discharge o f active employees subjects employers to pen
alties, as does a failure to pay the minimum wage prescribed, or
any violation o f the act. Unpaid balances may be recovered by a
suit at law, together with costs and attorney’s fees. An appeal lies
to the courts on questions o f law only, questions o f fact being finally
decided by the commission.
As in other States in which a mandatory law is in existence, the
Washington statute was subjected to a test as to its constitutionality,
the case being one of a suit to recover the difference between the wage
actually paid and a sum claimed under the order of the commission.
The facts in the case (Larsen v. Eice) are discussed on page 46,
and it is sufficient here to say that the law was sustained as consti
tutional ; it was also ruled that no compromise could be made by the
parties in interest, the exact standard fixed by the law as a mini
mum being mandatory.
A later conflict (Spokane Hotel Co. v. Industrial Commission)
rose on the claim by the plaintiffs that certain constitutional
questions had not been fully disposed o f in earlier decisions. This
case was also decided favorably to the enforcement o f the law (see
p. 49).
COMMISSION AND STAFF.
As noted above, the commission consists o f the commissioner of
labor, ex officio, and four appointed members. The law contains no
provision with regard to the sex of the members o f this commission,
the only restriction being as to membership within five years in em
ployers5 or employees’ associations. The first commission appointed
consisted o f four women, one a physician, but on the discovery that
W ASH IN GTO N.
195
one o f the appointees was an honorary member o f the International
Typographical Union, her place was filled by the appointment of a
man.
The original appointments were made on July 12, the governor
on the same date urging the State labor commissioner to convene the
commission at as early a date as possible. A temporary organization
was accordingly effected on July 23, the commissioner o f labor volun
teering to care for the secretarial work until a choice could be
made. However, plans for conducting investigations were im me
diately devised, and blanks drawn up for securing the desired infor
mation. The members of the commission undertook various lines o f
work, including a study o f the organization o f minimum wage com
missions in Wisconsin, Massachusetts, and Oregon. Personal investi
gations were made of various industries, together with a special study
o f the apprenticeship situation. A permanent organization was
effected September 8, the commissioner o f labor being elected per
manent chairman, and a man appointed as secretary. The service o f
the latter was brief, however, he retiring on January 4,1914. He was
succeeded by a woman o f expert training and wide experience,
temporarily loaned by the Industrial Welfare Commission o f Oregon
to prepare the report of the commission. This summed up the re
sults o f prior investigations and of further research made by the
acting secretary as a special investigator for the commission. In
June, 1914, a woman was elected secretary, retaining her position for
nearly five years.
The succession o f commissioners made for a continuity of policies,
the larger number being reappointed on the expiration o f their terms.
This rule prevailed until the year 1920, when various causes oper
ated to occasion dissatisfaction, resignations following in rapid
order. The commissioner whose term expired January 1, 1920, was
not reappointed, and the woman named to succeed her declined ap
pointment. Later, however, the place was filled, but on September
27 and 28, 1920, two other members and the secretary resigned, two
o f these having been on the commission practically from the begin
ning. Three new members were then appointed, so that the present
commission is entirely new since June 1, 1920. The present commis
sioner o f labor has been in office since January 1, 1916.
Until the latter part o f 1919, therefore, it may be said that the
policy o f the commission wTas continuous, it being a practice of the
governor to confer with existing commission members as to appoint
ments to fill vacancies, and terms o f service being terminated only
by force o f circumstances rather than political or factional influences.
Practically the only salaried persons are the secretary and a stenog
rapher, though, on occasions, investigators have been employed on a
per diem basis. Appropriations have regularly been $5,000 per year
until 1919, when $14,850 was appropriated for the biennium. These
sums have been practically exhausted annually. It is said that the
average expense o f holding a conference is $200.
ESTABLISHMENT AND ENFORCEMENT OF RATES.
As provided by the law, preliminary investigations are made by
the commission to determine the desirability of orders to fix rates
and conditions of employment. The subjects of wages, conditions
196
OPERATION OF TH E LAW S.
of labor, and cost o f living in the mercantile, factory, telephone, and
laundry industries of this State were first investigated, blanks being
mailed to employers and employees calling for indicated data. Fol
lowing this, six industrial conferences were held from March 31,
1914, to December 4 o f the same year. The reports of such confer
ences are subject to.approval or disapproval, in whole or in part, but
not to modification. The commission is not required to hold hear
ings after the conference findings have been submitted to it, but it
has b£en the uniform practice to call public hearings to consider the
recommendations finally agreed upon. Up to October, 1919, it was
reported that only once had an objection been offered at such public
meeting to the findings o f the conference approved by the commis
sion; and in only a single instance has the commission rejected a
recommendation o f the conference as a whole. In this case a new
conference was called whose recommendations were adopted.
Promulgation o f orders is to be by mailing a copy o f the same “ so
far as practical to each employer in the occupation,” the order to be
posted in each room where women /affected by it are employed. The
commission has not found it practical to reach all employers directly,
though notices are sent to many o f them. Much reliance is placed on
the public press.
Enforcement o f the law is in the hands o f the labor department,
though the welfare commission can file complaints. Deputies in five
industrial centers o f the State assist in the enforcement o f all laws
that are in the hands o f the State labor commissioner, including the
minimum-wage law. The commission itself is naturally chiefly in
terested, though its report says that “ in the enforcement o f the law
the bureau o f labor has lent a very helpful hand, for at all times when
called upon to assist in enforcement o f the law its best offices were at
the command o f the commission and promptly given.” The number
o f prosecutions is relatively small, but considerable sums have been
collected through the instrumentality o f the> commission, this under
taking lying “ next to the enforcement o f a proper observance o f the
law itself.”
Early in the history o f the law a laundry proprietor undertook to
reduce costs o f operation by deducting what he called “ standing
time ” from the actual time on duty o f his workers, though this idle
or standing time was the result o f his own planning, the women being
in no way responsible, being on duty the full eight hours per day.
The arrangement was condemned by the court, the defendant being
found guilty, and a minimum fine was imposed without costs. This
leniency seems not to have been appreciated, however, as the employer
withstood claims for the balance due; judgment was rendered against
him with accumulated interest. In another case the owner and man
ager o f a hotel were found guilty o f subterfuge in paying women
workers at the rate o f $7 per week, instead o f the minimum of $9,
claiming the deduction for the rent o f a room, regardless of their
use or nonuse thereof. A fine was imposed and the balances recov
ered. The largest case arising during the first year o f the operation
o f the law involved a balance amounting to $700. The total amount
recovered up to November 20, 1916, amounted to $6,263.61. By No
vember 1, 1918, an additional $11,046.24 was collected, while for the
next period, November 1, 1918, to September 15, 1920, less than half
W ASH IN GTO N.
197
this amount, or $5,251.34, was collected. Up to the last date named
there were but nine cases in which the employer refused to settle with
the employee without suit. These cases were taken to court, and both
wages and fine collected; one case was carried to the supreme court
o f the State, the decision of the lower court being there affirmed.
In making these collections the commission safeguards the em
ployees in doubtful cases by having the checks sent to the office, which
are then sent to the claimants. This was shown to be necessary in
cases such as where an employer persuaded his girls to indorse the
checks made out to them and leave them with him. On complaint by
one o f them to the commissioner, the secretary called upon the em
ployer to make an inquiry, whereupon the man laughingly called out
to his stenographer to make out new checks, as “ I didn’t get that
thing over.” The secretary then took the new checks and gave them
to the girls so that they could get them cashed themselves. The total
amount recovered in a little over six years was $22,561.19 from 586
different employers, and for 932 employees.
The method of discovering short payments is mostly by complaints
and by inspection, though one o f the fruitful methods is by checking
up on the applications made for apprenticeship licenses. These re
quire a statement o f the nature of the work, the term of employment,
and the rate of wages, so that complete data are furnished for dis
closing compliance or noncompliance, as the case may be.
An interesting sequel to the opposition o f the hotel keepers, etc.,
to the public housekeeping order was the accumulation of balances in
the workers’ favor during the period of the legal conflict. The order
went into effect June 2, 1920, and the case was finally decided Decem
ber 11. It was estimated that a balance amounting to $100,000 was
then due workers as the difference between wages received and those
due under the order, and their payment was promptly begun.
Wages once fixed may not be changed until after one year. Under
the law, revisions may be made on the request o f either o f the parties
interested, the commission then acting in its discretion; it apparently
also has the power to initiate revisions. Data as to costs o f living
furnished by the United States Bureau of Labor Statistics have been
the chief reliance in making the revisions thus far carried out.
W AGE BOARDS.
The law provides for the submission of the results of preliminary
inquiries to conferences, as they are termed by the act, whose duty
it is to make further investigations and such recommendations as they
shall deem desirable with regard to the industry, and this provision
has been held to be mandatory. Separate orders are contemplated
for each industry or occupation. The method of selecting members
is for each member of the commission to suggest persons whom they
know or with whom they have come in contact in the pursuit of the
preliminary investigations, and from the whole number o f names
thus presented final selections are made. The number of conferees
is not limited except that they shall be equal as between employers
and employees, the number of public representatives not to exceed
those o f either group. In practice, three of each class have been
uniformly selected. Considerable difficulty was found in selecting
conferees for the early conferences, especially from among the work
198
OPERATION OP T H E LAW S.
ers, as they seemed to be afraid that they might lose their posi
tions or suffer disadvantage otherwise because o f such participation.
That this fear was not ungrounded is evident from the discharge of
a laundry worker in Seattle after she had been a member of the first
laundry and dye works conference; and though the commission
promptly prosecuted the employer and obtained his conviction, this
fear is not yet wholly dispelled, though much less in evidence. Only
two cases approximating this are known to have occurred, and they
wTere both in the early history o f the law. One was that of a retail
clerk whose friendly employer kept her as long as he remained in
business, but when he went out she was unable to secure work else
where in the city and perhaps in any large city in the State. It was
said to be due to her efforts that a $10 rate for mercantile employees
was secured as against $9.50 or $9.75. She found employment in
California and declared that she was glad to have done what she did.
The other case was that o f a telephone operator who had been active
in securing an advanced rate; though she was not discharged she was
made uncomfortable in her employment and finally went out into
other work for which she had made some previous preparation.
The first biennial report states that for the six industrial confer
ences held in 1914, “ the commission had to take into consideration
as many as 50 or 60 persons in arranging for each conference.” In
1919 it was stated that two reasons had operated to relieve this sit
uation, one the law o f supply and demand that worked in favor of
the employees at that time, and the other an increasing organization
among the workers. A possible improvement in the attitude o f em
ployers toward the law was also suggested. The first reason was
said to be the more influential. It was said further that it would
not be profitable for employers to discriminate against employees for
taking their stand alongside o f the State officials. There seemed to
be noticeable differences in the attitude o f different classes of workers,
office and mercantile employees being much more frank and out
spoken than laundry and factory girls. At some of the more recent
conferences, prominent labor leaders have been in attendance and
their presence has helped to give the girls a sense of security. The
friendly attitude o f the commission has also encouraged them, while
there seems to have developed a sense o f self-help, in part perhaps
from their experiences with the welfare commission; at least the com
mission has recognized a growing self-confidence and independence,
whatever the causes. The feeling seems to be general that the em
ployee members chosen were representative.
In selecting members o f the conferences it has been necessary to
pay attention to the industrial needs o f the different sections o f the
State, the area east o f the mountains being predominately agricul
tural, while western Washington is more largely industrial— a dif
ference which has manifested itself in a variety o f ways.
The employers are reported to have been willing without exception
to serve, giving their time without stint and showing continuous
interest. While a few seem to have been on guard to prevent high
rates, it was felt that the majority seemed to regard the place as one
for service and not especially to protect class interests. Members of
the commission expressed the opinion that there had been many cases
o f closer contact and better understanding between employers and
employees by reason o f their mutual experience on the wage boards.
W A S H IN G T O N
199
Up to the end o f 1919 conference reports have been recommended
by unanimous vote on almost every occasion, and the commission has
never rejected such recommendations except in a single instance.
The manufacturing conference in 1920 developed wide differences.
The foregoing sincere expressions o f opinion, based on long ex
perience, stand out in contrast with the recent conduct o f groups o f
employers who in 1920 wcame in large numbers, filling the senate
chamber to capacity, mute themselves, with a paid spokesman, an
attorney, to represent them. These attorneys filed protests on the
holding o f the conferences, appearing at the public hearings with
their same legal form o f protest, attacking every move of the com
mission. * * * During the proceedings leading up to the forming
o f the manufacturing conferences a group o f Spokane manufac
turers, through their attorney, w7arned the commission that they in
tended to *fight ’ all proceedings.”
The public representatives have been felt to be a most essential
element in the conferences. Persons o f ability and influence, with an
understanding o f the problems in hand, have been chosen and their
services have gone far toward making the law successful and prevent
ing the adoption o f unduly low rates. Suggestions have come from
them which have been adopted by both employers and employees.
No provision is made for the compensation o f the members o f the
conferences, though their expenses are met. The commission seems
to feel that it is not desirable to provide for such payment, though
possibly there is some hardship in the case o f employees who have to
give up their tim e; but it would not be desirable to pay one class and
not all. Cases have been known in which the employer paid for the
time that his employees spent at the conferences, some going so far
as to give notice o f the fact o f their establishments being represented
by an employee, which they regarded as an honor. Some efforts have
been made to avoid burdening employees by selecting girls about to
leave the employment to be married, or those recently married, who
are thus economically independent. However, this is not regarded as
a very desirable proceeding and it has been less used recently. The
personnel o f the different conferences has been changed, differing
from the continuing arrangement under the Massachusetts proceed
ings. This is said to be satisfactory as working against any attitude
o f professionalism, though on the other hand a demonstrated intelli
gent interest and ability might make it desirable to reappoint former
members on a subsequent conference.
GENERAL CONSIDERATIONS.
So far as wages are concerned the commission is to act where they
are inadequate to supply female employees with the necessary cost o f
living and to maintain them in health; they are also to take action
where they find that the “ conditions of labor are prejudicial to the
health or morals o f the workers.” Wages and conditions o f labor o f
minors are to be a suitable.” The preamble o f the act calls for the
protection o f women and minors from the pernicious effect on their
health and morals of inadequate wages and unsanitary conditions.
While therefore the questions o f wages and morals are not directly
correlated, the commission finds that there is an indirect relation ex
isting and that lack of nourishment not only weakens the physical
200
OPERATION OF TH E LAW S.
condition of the woman, but also “ her mental poise and her outlook
on life,” which may lead to immoral practices, while an abandonment
o f adequate shelter and food for the resumption of an inadequate
wage in some industrial employment is hardly to be anticipated.
It was not felt that in passing upon a desirable wage there was
any analysis possible of the factors involved, though health is, of
course, the principal consideration. The inclination was to take a
general view of the whole subject and make a determination on the
basis o f the general welfare. The needs of different classes of work
ers are subject to consideration by reason of the provision o f the
law that authorizes the commission to take up “ any occupation,
trade, or industry ” separately. However, the commission has acted
on industries as a whole, and while the early orders recognized d if
ferent rates for different classes of workers, the war emergency order
o f 1919 was o f general application to all industries throughout the
State, establishing a uniform rate for females over 18 years of age.
The budgets submitted in the early conferences showed consider
able variation in specific items of expenditure for different classes
of workers. Thus mercantile employees were found to spend no
ticeably more than factory workers for board and room, explained
by the necessity of taking the noon lunch downtown. On the other
hand mercantile employees were able to secure clothing, with all the
incidentals therein included, at a lower rate than most other em
ployees. The cost of stockings, underwear, and corsets was espe
cially high for waitresses, these articles being subject to excessive
wear and strain by reason o f the nature of their employment;
waitresses also have an expenditure for laundry more than double
that of any other group o f workers considered in the first six con
ferences— more than four or five times as much as most groups of
workers. These differences were only partially reflected in the rates
fixed upon in the first series o f orders, a $10 weekly rate being fixed
for mercantile employees, one o f $8.90 for manufacturing establish
ments, $9 for laundries and dye works, and a like amount for tele
phone and telegraph employees. The hotel and restaurant confer
ences recommended an $11 weekly rate for waitresses and $9 for other
employees; this wTas protested by the hotel men’s association of the
State, and a final determination was in favor o f a uniform $9 rate.
The minimum for office help was fixed at $10 per week.
The bases o f these differences are not entirely clear, and they un
doubtedly reflect personal opinions and attitudes of the members o f
the different conferences quite as much as actual economic conditions.
The secretary of the commission was o f the opinion that if the needs
o f the different groups are not identical they are practically equiva
lent, and if any gap exists it should be closed rather than widened.
This conforms with the conclusions o f a conference of minimumwage workers representing the Pacific coast, held September 26 and
27, 1919. These students of the problems involved found that
“ women show a tendency to gravitate to the higher paid industries,
and that where there is a different wage for each industry it
accentuates classes.” Uniformity as far as possible wras therefore
favored for all industries.
A different feeling was expressed with regard to local distinctions,
which the law o f Washington does not contemplate. The opinion
WASHINGTON'.
201
was expressed that city costs of food and the item of street-car travel
call for a higher rate in urban localities, while in rural communities
there was also a larger percentage of workers living at home. The
difference in industrial development between eastern and western
Washington was also emphasized.
In regard to minors, the attitude of the commission was that their
employment should be discouraged rather than encouraged, so thafc
they might be left to complete their school work, while employers
would make use of the older persons on account of the rather high
rate fixed for the employment of minors.
A system of licenses is in use for learners, rates and periods o f
service being definitely set forth, the employer and employee each
having a copy. The periods set are intentionally short, but are long
enough to lead up to the ability to earn the minimum fixed, though
not necessarily to full expertness. The issue o f licenses to sub
standard workers has been carefully guarded, none being issued with
out a special personal investigation. The fourth biennial report
shows but 58 such licenses issued between June, 1914, and August,
1920. Some o f these were for persons permanently physically de
fective or crippled, though most of them were for persons tempo
rarily partially disabled, and their licenses have expired.
ORDERS AND RATES.
In conformity with the provisions of the law, the first work of the
industrial welfare commission consisted o f a survey of the general
field of its operations. The industries in which the larger number
o f women and children were employed were naturally first con
sidered, approximately six months being consumed in a general study
o f the field. This began in the autumn o f 1913, and about 10 special
inspectors were employed. A ll the principal cities were visited, as
well as many smaller localities. Information was obtained from
employers’ records, and many women were interviewed in their homes.
Employers were generally ready to furnish the information desired,
and some went as far as to say that the workers might as well be
interviewed at the establishment where they were all together, but
most others were reluctant and even hostile, while the women quite
generally did not care to be interviewed in the place of business. It
was said that the commission had no doubt whatever as to the neces
sity o f wage advances before this investigation was made, but that
specific information was necessary in order to act intelligently and
with a spirit of fairness toward employers and employees.
A preliminary question that arose as to the power of the commis
sion related to the scope of operation of any order that might be
issued, and the attorney general took the position that the law re
quired any order fixing a minimum wage to be general throughout
the State, as to the particular trade or industry affected. Another
inquiry was as to the power of the commission to determine what
was to be construed an occupation, trade, or industry. To this it was
replied that the commission was authorized to exercise a reasonable
discretion in making proper classifications.
As previously stated, six lines of industry were investigated dur
ing the first year, and six conferences held during the year 1914;
each of these resulted in the fixing of a rate, thus establishing con
202
OPERATION OF T H E LAW S.
ditions o f employment for the great bulk of women and minors
employed in this State.
M E R C A N T IL E OCCUPATIONS.
Order No. 1, bearing date of April 28, 1914, followed the holding
o f the first conference organized by the commission. Its first meet
ing was held March 31, 1914, and it completed its work on the fol
lowing day. Employers, employees, and the public were repre
sented by three persons each, called from cities in different sections
o f the State. This conference had before it the full data collected by
the commission showing average annual expenditures for the various
items held to be included in a proper and necessary cost o f living.
This showed for women in mercantile occupations an annual expendi
ture of $520, which would require the earning o f $10 per week every
week in the year, with no provision for emergencies or savings other
than the estimate o f $6.83 for insurance and association dues. The
most usual weekly wage rate was about $89 55.6 per cent o f the
workers receiving under $10.
Several weekly budgets were submitted, an employer representa
tive suggesting $9 and the three employee representatives $11.98, $12,
and $18.20, respectively. A public representative moved that a rate
o f $10.75 be adopted, a representative o f the employers proposing
$9.50, and an employee representative $10.25. A public represent
ative seconded this last motion, whereupon the employers urged the
consideration o f the smaller stores, those working on narrow margins,
referring also to competition o f mail-order houses and the fact that
Washington was a “ young State.55 A public representative ques
tioned the right o f the commission to consider the effect on business
or employment conditions, the problem being one o f “ a minimum
wage o f living for women.” A compromise proposal o f $10 as a
meeting point for all was then suggested, but on raising the question
as to the right to employ apprentices at lower rates, the first day’s
session adjourned without reaching a conclusion. A t the next day’s
session employers produced a schedule for apprentices leading up to
a $10 minimum, but the public representatives were unwilling to
make a conditional award as it was “ our business to recommend a
minimum wage for women and nothing else.”
A ll the members o f the commission were present at this conference,
one member being ex-officio chairman. As this was the first con
ference, considerable interest attached to the outcome, and there was
a strong plea for a unanimous conclusion, and in any case a recom
mendation that could be acted upon by the commission.
The final recommendation of the conference was made unani
mously, favoring a $10 weekly rate. Other points acted upon were
time for lunch and sanitary arrangements. These recommendations
were approved and the order issued on April 28, to be effective June
27, 1914. An order o f the same date established a $6 weekly mini
mum for persons o f either sex under the age o f 18 years, this being
order No. 2.
What was in effect an additional order, though designated as
“ Mercantile form 1,” was a regulation o f the issue o f licenses to
apprentices to be employed in mercantile establishments, This re
quired application to be made on printed blanks furnished by the
W A SH IN G TO N .
203
commission, no license being valid for a longer period than one year.
An entrance rate o f not less than $6 per week should be paid for the
first six months, not less than $7.50 per week to be paid during the
second six months o f employment. The number of apprentices was
limited to 17 per cent (1 to 6) of the total number o f adult female
employees, while not more than 50 per cent of the apprentices were
to receive less than $7.50 per week. At least one license could be
procured in the establishments employing less than six females.
The rates fixed by these orders continued in effect until the issue of
the war emergency order o f September 10, 1918, effective on Novem
ber 10, superseding* during the period of the war order No. 1; while
order No. 2 was superseded by an order o f September 14, 1917 (un
numbered), fixing a $6 weekly rate for minors under 16 years o f age,
the rate for those 16 to 18 years of age being at least $7 per week.
M A N U F A C T U R IN G OCCUPATIONS.
The second conference held took up the subject o f manufacturing
occupations, meetings covering two days, May 12 and 13, 1914. As
in the first conference, there were nine representatives o f employers,
employees, and the public, the full commission being again in at
tendance. As was natural in view o f the difference in interstate
competition between mercantile occupations and manufactures, there
was much discussion as to the development o f new and untried in
dustries, the scarcity of labor, and the danger of sweat-shop and
convict-labor competition from the East; also the danger o f displac
ing women by men, or o f debarring elderly women from employment,
i f the wages were placed too high. The matter o f vocational schools,
shop training, and costs and periods o f learning were discussed, the
opinion being expressed that while it was not fair to require em
ployees to carry the burden o f experimental industries, neither should
employers be required to pay employees more than they were worth
during their learning time.
The commission reported that 71.2 per cent o f 1,753 workers inves
tigated earned less than $10 weekly. Employers offered annual budg
ets ranging from $399 to $635, the employees’ budgets ranging from
$565 to $601, while those offered by the public ranged from $493 to
$526; the average expenditure for this class o f workers was found to
be $462.80. The highest and lowest budgets were considered item by
item, an employer finally offering a motion that a weekly rate of $8 be
recommended. There was no second, and another employer moved
for a $9 rate, which was seconded by a public representative. One
employer and two public representatives voted for this, there being
six votes in the negative. An employee then moved for a $10 rate,
another employee seconding, and this was carried by a vote of five to
four, the three employers and a public representative voting in the
negative. On reconsideration a committee representing the various
groups was appointed to bring in a recommendation, but no agree
ment was reached. An employee then suggested $9 as a compromise,
while employers held out for $8.50, but discussion and counter-sug
gestion led to the unanimous adoption of $8.90 as a compromise rec
ommendation, and this rate was promulgated as order No. 3 by the
commission on June 2, to be effective August 1,1914. Like the mer
cantile order, this was superseded by the war emergency order of
204
OPERATION OF TH E LAW S.
1918. Order No. 4 was of the same date and established a $6 mini
mum for minors, and it, too, was superseded by the minor order of
September 14, 1917.
L A U N D R Y AN D D Y E W O R K S OCCUPATION.
The third conference, relating to occupations in laundries and
dye works, was convened May 14, 1915, under similar circumstances
to the first and second. A slightly different procedure was adopted,
employers and employees alone submitting budgets, the public repre
sentatives being regarded more in the light of mediators. The
amounts submitted were so divergent that the chairman declared it
to be unfair to the public to require them to consider such extremes
as a. basis for any real recommendation. A special committee of
three wTas then appointed to arrange a basis o f action, but failed, as
did a second committee. Various rates were then proposed, the
highest being $9 per week, offered by a public representative. An
amendment reducing this amount to $8.90 was carried, but on a final
vote the sum was rejected, the three employer representatives and
two employee representatives voting against it. An employer then
moved a rate o f $8.50, another employer seconded it, and this was
carried against the votes o f the three employee representatives and
one o f the public. This recommendation was submitted to a meeting
o f the commission on the 15th o f May, and since their investigations
had shown that the cost of living of laundry and dye workers ex
ceeded $8.50 per week, this recommendation was rejected and a new
conference organized. The average annual expenditure for laundry
workers was found by the conference to be $468.
The membership of the second conference was entirely different
from the first, and again employers and employees submitted budgets.
Employees’ budgets worked out a cost of $10.30 per week, but em
ployers showed but $8.33. A committee was appointed to work out a
basis for action, but failed, and was after a second failure discharged.
On a motion made and seconded by employers a rate o f $8.64 was
voted upon, and rejected 3 to 6. Counter proposals continued, each
group voting solidly together, until after several votes a rate of $9
was recommended, two employees and two representatives of the pub
lic voting in the negative. This recommendation was favorably acted
upon by the commission on June 25, the order becoming effective
August 24, 1914, continuing until superseded by the war emergency
order o f 1918. Order No. 6 fixed a rate o f $6 for minors in this
occupation, and was in force until the order o f September 14, 1917,
which limited the $6 rate to minors under 16, those above that age to
receive at least $8.
TELEPH O N E A N D
T E LE G R A P H
OCCUPATIONS.
The next conference followed on June 26 and completed its work on
the next day, having for its consideration the cost of living and neces
sary wages for telephone and telegraph employees. Employee repre
sentatives submitted budgets very closely approximating, the weekly
amounts being $8.17, $8.10, and $8.19. Employers’ budgets were not
far different, being $8.02, $8.04, and $7.77. Public representatives sub
mitted independent budgets at this time, the amounts being $8.89,
W ASH IN GTO N.
205
$9.51, and $9.14, respectively, or an average o f $9.18. Average annual
expenditures were found to be $468, or $9 per week.
A peculiar situation arose at this time in that the employees differed
but little from the employers, and 46were inclined to ignore the actual
requirements o f a self-supporting woman and to join passively the
employers in the contention that a great majority of the girls em
ployed in the industry were living at home, part of their living ex
penses thus being borne by their parents.” The public representatives
strongly opposed this position, u contending that, should less than a
minimum wage be established the parents would, as a matter of fact,
be subsidizing the industry to the extent of the deficiency.” A sub
committee appointed to bring in a report to the conference failed to
reach an agreement, whereupon the public representatives moved
and seconded that a rate o f $9 per week be fixed. Employers
offered a substitute motion for $8.25, the three employers and one
employee supporting this rate. The other two employees moved and
seconded a rate of $9.50, which two public representatives joined
them in supporting. Following this failure, the original motion was
carried, against the solid vote of the employers. The commission
accepted the rate of $9 thus recommended and issued its order July
9, effective September 7, 1914, this being order No. 7. Order No. 8,
issued at the same time, fixed a $6 weekly minimum for minors.
This last order was amended August 7 following so as to make its
provisions as to scope more inclusive and explicit, the amending
order being No. 9; this was in turn superseded by an order (unnum
bered) bearing date of September 14, 1917, which fixed the rate for
minors in or in connection with telephone and telegraph establish
ments at not less than $6 per week for those under 16 years of age
and not less than $7 for those between 16 and 18 years o f age. This
order was in turn superseded during the period of the war by order
No. 19, issued September 19,1918, fixing a rate of $9 for minors under
18 years o f age.
During this conference in June, 1914, a protest was urgently pre
sented by representatives of the small or independent telephone com
panies against requiring them to pay the $9 minimum, as, coupled
with the observance of the 8-hour law, this would result in the abso
lute discontinuance of service in the rural communities throughout
the State. However, in the face o f the attorney general’s ruling that
the commission had no power to recognize local conditions by fixing
different rates, the $9 rate was adopted as of uniform application,
but with the understanding that no attempt would be made to enforce
it until a further investigation was made. The Independent Tele
phone Association of the State later requested a special hearing that
it might present the facts with reference to its operating conditions.
The hearing was arranged for and a meeting held with representa
tives o f 30 small companies on February 9, 1915, in which previous
and existing practices were set forth, under which they had been
able to maintain service until the 8-hour law intervened. One o f
the outstanding features of their plan had been to secure a person
at a salary of about $40 per month plus house rent to manage a small
exchange, such assistance as might be required usually being given
by other members of the household. The legal difficulty confront
ing both parties gave rise to the suggestion that the law be amended,
granting the commission discretionary power in such cases. The
206
OPERATION OF TH E LAW S.
State’s legal department recommended that, rather than attempting
an amendment, a special act be drafted applicable only to conditions
o f labor in rural telephone exchanges, and a bill to this effect was
drawn.
The drafted measure covered localities having a population o f less
than 5,000; this was amended so as to extend only to those having
3,000 or less and, thus amended, came into effect June 10, 1915.
This gave the commission authority to classify the different com
panies and fix rates according to the conditions found. The regular
order providing for the legal $9 wage on the basis o f an 8-hour day
remained applicable to the companies operating in cities o f more
than 3,000 population, this being known as class A. Other classes
were made, known as B, C, D, and E, and orders numbered 14, 15,
16, and 17 were made applicable to them, respectively. Each of
these orders applied to both adults and minors. Females over 18 in
class B were to receive not less than $35 per month and to work not
longer than 9 hours per day, 9 hours or any fraction thereof being a
day’s work. However, if the employment were relief duty for less
than 6 hours per day, the rate was to be 16 cents per hour. Night
operators were to receive $25 for not less than 10 hours’ work, and to
be furnished with suitable sleeping accommodations. Special per
mits were required for minors under the age o f 18 employed at less
than the above rates. In class C (order No. 15) the same monthly
rates were fixed, but day operators might work 10 hours and night
operators 14. Class D required a wage o f $30 per month for not
more than 10 hours for daywork and $22.50 for not more than 14
hours for night operators; while for class E (order No. 17) no rate
was fixed, each company being considered on its individual merits,
taking into consideration the portion of the time of the operator
which might be devoted to other employment. Orders Nos. 16 and 17
were later superseded by order No. 20, the two classes B and E being
consolidated and a new class D being formed, including exchanges
having less than 150 subscribers in which the continuous attention of
an operator is not required.
In the latter part o f 1919 reports were called for to decide whether
it would be necessary to revise the old orders and raise the wages.
A basic minimum of $50 was decided to be necessary, and the investi
gation showed that only a few companies reported any smaller wage
than this. Reclassifications were made, and at the date o f the fourth
biennial report in August, 1920, all but three o f the companies
whose cases had been taken up as paying less than $50 had raised
their wages to the desired amounts, these three being under consider
ation at that date, and some 12 companies remaining to be heard
from. The text o f orders 14, 15, and 20 is given on pages 335, 336,
and 339.
OFFICE OCCUPATIONS.
The next order following the original telephone order relates to
the subject o f office help and office employees (order No. 10, issued
December 21, 1914), though the conference on this subject followed
that relating to hotel and restaurant employees. The office help
conference met December 3 and 4, being the sixth and final conference
of the year* This conference was unique in the ready agreement of
employers and employees as to a suitable wage, their estimates as
207
W ASH IN GTO N.
to the cost o f living being practically the same. Therefore, the
representatives o f the disinterested public were not called upon to
exercise their mission o f compromise. It was also the only conference
in which no subcommittee was appointed as a step toward securing
unanimous agreement. A weekly minimum o f $10 was recommended
and this was embodied in an order effective February 20, 1915, this
continuing until superseded by the war emergency orders o f Sep
tember, 1918. Order No. 11, o f the same date as order No. 10,
fixed a weekly rate o f $7.50 for minors between 16 and 18 years o f
age, and o f $6 for younger employees in any line of clerical office
work in effect until the order of 1917.
H O T EL , R E S T A U R A N T , AN D
LUNCH-ROOM
OCCUPATIONS.
The fifth conference met December 1 and 2, 1914, to consider rates
for employees in hotels, restaurants, and lunch rooms, each o f the
nine members submitting a budget. Those submitted by the employ
ees ranged from $13.23 to $16.23 per week; those by the employers
from $11.75 to $15.37; those by the public from $8,04 to $11.26; the
general average for all was $14.20. The subcommittee to which the
matter o f an acceptable rate was referred reported disagreement, the
difficulty being that what was a suitable wage for the cities could not
be paid in the smaller towns. An employer moved to recommend
$8.50 per week, but the employees objected to less than $9. It was
suggested that waitresses be separated from other employees, one
argument being that they had to wear better clothing. It was also
said that i f the wages of chambermaids should be advanced they
would be discharged and Japanese men would be employed in their
stead. A recommendation was therefore made that waitresses be
paid $11 per week and other employees $9. This conference also con
sidered the subject o f establishing a 6-day week, but the motion was
withdrawn.
Before action was taken on these recommendations the Washington
Hotel Men’s Association formally protested to the commission against
the $9 wage, objecting also to a recommendation for prohibiting the
employment of girls in cigar stands or at cigar counters, and the com
mission granted a hearing for December 29, at which further delay
was requested and allowed. It had been decided, however, that the
commission was without authority to prohibit the employment o f
mature women in any lawful occupation, so that the recommendation
as to cigar stands was dismissed.
Pending the later hearing the commission took up the question o f
the $11 rate for waitresses, with the result that this was rejected by
the commission. The investigation showed that waitresses “ even in
the smaller towns and villages seldom receive less than $6 per week,
exclusive of room and board, while in the larger towns and cities they
seldom receive less than $8.50 and often $10.50 per week, exclusive o f
room and board.” This did not take into account tips quite generally
received. It was felt therefore that waitresses were “ the most inde
pendent group o f wage earners the commission has thus far consid
ered.” However, it was only in hotels and restaurants that these con
ditions prevailed, and waitresses in lunch rooms, boarding houses, and
other places not properly classified as restaurants remained for con
sideration.
208
OPERATION OF TH E LAW S.
Following these various delays and investigations, the commission
on June 18, 1915, approved the rate of $9 per week for all other em
ployees than waitresses in hotels and restaurants, allowing $3.50 a
week to be deducted for 21 meals, $2 for lodging, and not more than
$5 for both. This was order No. 12. Order No. 13 fixed a rate for
minors o f $7.50 per week, subject to the same deductions; minors were
forbidden employment at selling cigars and tobacco in hotels and res
taurants, the power of the commission being held to extend to them,
though not to adults. These orders, like most of the foregoing, were
superseded by the war-emergency orders o f September, 1918, and the
minor order o f 1917.
M INORS.
Reference has been made under the various orders to an order of
September 14, 1917, bearing no number, which superseded prior
orders regulating the employment o f minors (Nos. 2, 4, 6, 9, 11 and
13). This is therefore in the nature of a blanket order. The first
paragraph, relating to employers, defined 44person55 as including
corporations, partnerships, etc., while the second fixed for mercantile,
manufacturing, printing, laundry, dye works, sign painting, machine
or repair shops, and parcel delivery service a minimum o f $6 for
minors under 16 years of age and $7 for those between 16 and 18.
The third paragraph applied to minors employed in or in connection
with telephone or telegraph establishments, fixing the same rates for
the same age groups; while the fourth paragraph, covering office
employments, fixed the rate of $6 per week for minors under 16
years o f age, but for those between 16 and 18 established a rate of
$7.50. Minors employed in the occupations named in the foregoing
paragraphs must receive an advance o f 50 cents per week after every
6 months o f service until the minimum for adults is paid. The rate
for minors under 16 in hotels, lodging houses, restaurants, and lunch
rooms was made not less than $7 per week, and not less than $8 for
those between 16 and 18. This order became effective November 14,
1917, remaining in force until superseded for the period of the war
by order No. 19, effective November 20, 1918.
W A R EM E R G E N C Y ORDERS.
The constant advance in living costs during the wTar caused the
commission to consider the adoption of some remedy not involving
a permanent disarrangement of existing plans, but adapted to a
temporary and abnormal condition. To this end 44it sought to offer
employers the opportunity o f meeting voluntarily the advance in
living costs o f their woman workers, rather than to invoke a com
pulsory law to obtain the necessary results.” The commission there
fore issued a proclamation bearing date o f January 7, 1918, setting
forth that living costs at the time when the various rates were promul
gated were 35 per cent lower than at present; taking the ground
that these conditions were tem porary^ and that, being reluctant to
invoke legal methods for establishing a higher scale, the commission
44appeals to the patriotic sense o f duty and obligation resting upon
the employers of the State to grant to their employees in these groups
a proper increase o f wages to cover this period.” It was added that
a failure to receive a full and proper response would necessitate
other action.
W ASH INGTON.
209
The commission became convinced that while some employers had
made suitable advances action had not been as uniform as was desir
able, and the need of a survey was felt. Lack of funds led to an
attempt to conduct this survey by mail, and letters were sent out
early in April to representative establishments asking a report of the
wages paid in January, 1917, and in the same month in 1918. Tak
ing as a basis the rate of $9 per week fixed in some of the existing
orders, and adding thereto the estimated necessary 35 per cent ad
vance, developed the wage of $12.15 as the necessary minimum at
that time. A tabulated result of this survey, which covered 8,509
employees, showed 5,415, or 63.6 per cent, receiving less than $12.15
per week in January, 1918. These reports were obtained from 256
representative establishments in nine industrial classes. Comparing
January, 1917, with January, 1918, all industries showed a decrease
in the number of workers receiving less than the minimum fixed by
the orders, while a majority also showed a reduction in the percentage
receiving $12.15 or less. The number receiving more than $12.15
per week had increased in most groups, the increases ranging from 5
to 66 per cent, though this higher paid class had decreased by 1 per
cent in the case of theaters and 3 per cent in photographic studios.
This showing was held to indicate a substantial number of woman
workers receiving less than a living wage under war conditions, and
a Avar emergency conference wTas decided upon to fix a rate regardless
of occupation or industry. This was not in strict conformity with the
provision o f the law for separate industrial conferences, but funds
were not available for such conferences, and furthermore many oc
cupations had been entered into during the war which had previously
been followed only by men. The calling o f separate conferences for
all lines of industry was therefore held to be impracticable, and
the war-time emergency was believed to furnish sufficient warrant
for adopting the course pursued.
Accordingly, a conference was called in the usual form, made up o f
nine persons, with the chairman o f the commission as chairman, “ the
members of the commission sitting as a judicial body.” The con
ference was held August 28 and 29, 1918. The chairman set forth
the peculiar conditions leading up to the situation, stating that “ this
increased cost of living has not, in the judgment o f the commission,
been met by a proportionate increase in the wages of woman workers.”
The secretary then reviewed the existing orders and announced the
results of the investigation o f the commission, citing also the budget
o f the United States Bureau of Labor Statistics o f April, 1918.
Various questions were submitted as to the minimum wage necessary
and whether the new wage should be a flat minimum or a percentage
of increase over the various existing orders. Other questions related
to the exclusion of women from night work, limitations on lifting
weights, rest periods, equal pay with men, etc. There was a gen
eral feeling that some advance could be made, though eastern Wash
ington, not having shared in the strong industrial development that
had affected the western section, was afraid and unwilling to make
the advance too great. A Seattle merchant with 900 employees stated
that only one-third of them would be affected by a minimum of $15
per week. H e declared the existence minimum at the time to be $12
or $13, while $13 to $14 might be classed as a comfort minimum,
37559°— 21------- 14
2 1 0
OPERATION OF T H E LAW S.
though the market required $14 or $15; the conference should fix a
rate between bare existence and comfort, leaving the law of supply
and demand a scope for operation. On the other hand, those east
o f the mountains thought $12 per week a suitable minimum. Com
mittees on the various questions were appointed? and a flat rate was
recommended as stabilizing employment in the various lines o f in
dustry. Employers moved and seconded a rate of $12? which was
lost bjr a vote of 3 to 6. Employees moved and seconded a rate of
$15? whereupon a subcommittee was appointed, which brought in a
report recommending $13.50, with a minority report for $12.50.
In explanation of the rate fixed a member of the subcommittee
stated that a concession had been made to the conditions of
eastern Washington, and after some discussion an adjournment was
taken to permit the subcommittee to attempt to reach a unanimous
conclusion. It agreed to recommend $13.20 as a flat rate, and this
was unanimously approved by the conference and subsequently issued
by the commission September 10, 1918? and effective November 10.
'Jhis euperseded for the period o f the war orders Nos. 1, 3, 5, 7,
10, and 12. It prohibited occupations injurious to health, morals,
or womanhood? and those unavoidably disfiguring, adopting the
position of the United States W ar Labor Policies Board, the State
council and the county councils o f defense in regard to the classes
o f employment. This order was No. 18, (See pp. 336 and 337.)
On September 19 a war-emergency order was issued for minors
fixing a uniform rate o f $9 per week for all minors, eliminating the
classes u under 16” and u 16 to 18,” and superseding during the period
o f the war the order o f September 14, 1917. (See pp. 337 to 339.)
B IT E 1 I C
H O U S E K E E P IN G .
Orders Nos. 18 and 19 by their terms superseded prior orders “ dur
ing the period o f the war.” In the absence of a treaty or other
formal action by the Government, technically the war is not over, so
the rates o f $13.20 and $9, respectively? have continued uniformly
in force except where superseded by later orders. Under the law a
rate once specified “ shall not be changed for one year from the date
when such minimum wage is so fixed.” Therefore, though costs o f
living increased steadily during 1919, the commission could not
change the wage until the expiration o f one year, or November 10,
1919. However, appeals were made to it, and the facts were so ob
vious that a decision was made on November 14? 1919, to consider re
visions? and the public housekeeping industry was selected to begin
with. This decision was influenced by the fact that the war-emer
gency order (No. 18) had had appended to it by the commission a
note to the effect “ that this order shall be interpreted to mean an
8-hour day and a 6-flay week, or 48 hoars’ service weekly, or at the
rate of 27J cents per hour.57 Hotel employers disregarded this note,
and a prosecution followed iji the case o f one Moore> manager o f a
hotel in the city of Spokane. A chambermaid had rendered service
for more than 48 hours? but less than 56, during a week o f 7 days,
but had not worked more than 8 hours in any one day and had been
paid the minimum rate o f $13.20. Conviction in a justice’s court was
reversed in the superior court? the judge holding that the commission
had no authority to establish the 6-day week, which had not been
W ASH IN GTO N.
211
acted upon by the conference. While, therefore, the order was in no
way invalidated by this opinion, workers in hotels and the like were
compelled to labor 7 days for the same weekly wage received by
workers in other occupations for six days’ labor. A survey was
begun December 23, 1919, and on January 16, 1920, the commission
decided to call a conference for March 3 and 4. It was decided at
this time to ask the State hotel men’s association to recommend a
member of this conference, and, as a like concession, to secure a nomi
nation by the waitresses’ union of Tacoma. The nominations were
made, and they with other members were formally chosen on Febru
ary 11, rules and regulations adopted, and a list of questions prepared
to be presented to the conference. On the same day the report of the
survey was printed so as to be available for consideration.
This survey was personally made by investigators who interviewed
each woman, and while not complete, it was felt to be representative,
covering 830 women employed in the various occupations found in
hotels, rooming houses, boarding houses, restaurants, cafes, apart
ment houses, hospitals, etc. It is obvious that this order covers the
same field as the earlier order No. 12, for hotel and restaurant occupa
tions, issued June 18, 1915. However, the basis for the investiga
tion was order No. 18, fixing the $13.20 rate during the period of the
war.
Of the 830 women whose weekly wage was secured, 259 received
less than this sum in cash; 195 of these were in receipt of room or
board, and “ there were no technical violations of the law, although
the margin was very small in most cases.” Some of this group were
being charged full commercial rates for their meals. The waremergency order contained no limitation on the amounts chargeable,
such as existed in order No. 12. Ninety-six were in receipt of $13.20,
5 of whom received part board. Sixty-four workers received more
than $18, while 235 received over $13.20 to $15, and 176 from $15 to
$18. Some of these also received board or partial board and a few
board and room. Of the total, 472 were found to be working 7 days
per week.
The first day of the conference was spent in general discussion, and
on the second the conferees met in executive session and unanimously
recommended a rate of $18 per week, or $3 per day, or 37| cents per
hour, limiting the employment of females over 18 years of age “ in
any occupation in the public housekeeping industry throughout the
State ” to six days in any one week. Deductions for board were fixed
at $1 per day and for room at $2 per week. Other recommendations
related to places where uniforms were required to be worn, rest
periods, etc. Public hearings were held, one in Olympia and two in
Seattle. The recommendations were considered at a meeting of the
commission on April 3, and an order issued, to become effective June 2,
1920. This order appears on pages 339 and 340. The legal battles
waged by employers against this order, and their result, in favor of
the commission, are noted on pages 49 and 50.
On the same day an order was issued regulating the employment of
minors in public housekeeping occupations, fixing a $12 weekly mini
mum, to be increased $1 per week after each four months of service
until the minimum adult wage is reached. This order is reproduced
on pages 340 and 341,
212
OPERATION OF TH E LAW S.
M A N U F A C T U R IN G CONFERENCES.
Considerable complaint was made that, with the work time re
duced to 44 hours per week, pay at the rate o f $13.20 per week under
the war-emergency order provided earnings of only $12.10. By
reason o f these complaints and because o f a contemplated change in
the apprenticeship schedule involved, a manufacturing conference
was next decided upon. The survey was begun in February and the
conference w^as called for April 28 and 29, 1920. A nominee by the
Spokane manufacturers was chosen and the first day was made one
for general discussion, as usual. “ A t this conference the employers
were represented by their attorneys and employed public account
ants, and, except in a very few instances, themselves refused to dis
cuss any o f the questions which were presented to the conference.”
Representatives of organized labor were present with cost-of-living
estimates, ready for discussion, but the conference adjourned at the
end of the two days with no wage recommendation. Resolutions
covering conditions o f labor were presented, but the concluding sec
tion, permitting their “ suspension or alteration to meet the particu
lar conditions existing in a particular industry or to meet emergen
cies in a particular plant or factory whenever such suspension is nec
essary to the promotion o f the industries of the State o f Washing
ton,” was held to stultify the whole set. The commission therefore
felt compelled to reject the resolutions and call a new conference in
an attempt to secure wage recommendations. This was set for May
18, 1920, and new conferees were chosen by the commission, “ regard
less of recommendations from the outside.” An attorney for a group
of Seattle manufacturers asked for postponement; this was consid
ered but not granted. An employer appointment was protested by a
group o f Seattle manufacturers, but the protest was held not to be
sufficiently grounded, and the conference met as contemplated. The
same process as before was carried out on the part of the employers,
and the estimates o f costs o f living made by the employed public
accountants showed considerable reduction in the face o f continued
increases in prices. Thus an estimate at the first conference of $16.50
was after a few weeks reduced to $14.45, another of $15 to $13.75,
while two others offered budgets totaling $13.91 and $12.95, respec
tively, “ as the necessary amount to maintain a woman in health.”
Factory workers themselves estimated $22.09 as required, while the
Monthly Labor Review of the United States Bureau of Labor Sta
tistics was cited as showing the requirements in Washington, D. C.,
to be $19.94 without savings. On a vote of 5 to 4 a minimum o f $18
per week was recommended, one of the employers later signing the
resolution. Unanimous recommendations were made regarding con
ditions of labor. These were considered at a public hearing held on
June 3 in Seattle, at which protests were made by manufacturers and
indorsements by workers. The commission met on June 15 for final
action, but the four members then constituting the commission were
evenly divided as regards the adoption of the rates, etc., recom
mended, so that no action could be taken.
LAUNDRY
CONFERENCE.
A survey o f the laundry occupation was begun in April, 1920, and
completed in May and the date of June 3 and 4,1920, set for the con
W ASH IN GTO N.
213
ference. By reason of the necessity of calling a second manufactur
ing conference this date was reconsidered and left indefinite. Thir
teen petitions, signed by 396 laundry workers throughout the State,
were in hand requesting hearings; also numerous letters from indi
vidual workers, setting forth the difficulties involved in an attempt
to live upon the $13.20 wage in effect.
A P P R E N T IC E SH IP S.
The provisions o f the Washington law with reference to inex
perienced workers are sufficiently broad to permit a full handling
o f the situation by the commission. The law provides that where
there are apprentices in any occupation in which a minimum-wage
rate has been established the commission may issue a special license
authorizing employment at less than the legal minimum wage, the
rate being fixed by the commission, the license to be in force for
such length of time as the commission shall decide to be proper.
The question of apprenticeship was discussed at the very first con
ference, the merchants’ representatives proposing a schedule as a
prerequisite to their assenting to a named rate. However, the deci
sion was reached that the conference was not charged with the deter
mination of this question, but that it rested with the commission.
The question recurred at practically all conferences, though not
formally submitted to them.
In its action the commission was engaged in pioneer work and
naturally found it necessary to make adjustments from time to time
as experience developed. It was necessary to prevent a displace
ment o f skilled workers by cheaper, untrained employees, and also
to give an incentive to the employer actually to afford the apprentice
opportunity for improving herself, while also encouraging the ap
prentice to continue in a settled service so as to gain the advantage
contemplated, at the same time rendering a fair return for the
progressive rates provided. The learning time for the different
occupations naturally differed, some lines of work being of such a
nature as to make it practically unnecessary to fix any learn
ing time, while others call for considerable training. It was the
announced purpose of the commission in determining the various
periods to afford opportunity for adjusting workers to suitable
occupations, seeking to eliminate the misfits while encouraging work
ers to “ properly fit themselves to earn the minimum wage ” ; it did
not undertake to establish such periods as would permit the com
plete mastering of a trade or the attainment of a high degree of
efficiency in it, this not being regarded as a prerequisite for the earn
ing o f a subsistence minimum. The first step taken toward the estab
lishment of apprenticeship periods bears even date with the issue of
the first order, and like it applies to mercantile employment. While
order No. 2 simply establishes a $6 weekly minimum for workers
under 18 years o f age, this apprenticeship regulation prescribes
that application must be made for licenses for apprentices, to be
valid for not more than one year. The $6 rate is allowed for the
first six months, following which a rate o f $7.50 must be paid as
a minimum during the second six months’ period. There was no
restriction on the line o f employment in which the apprentices might
be engaged, the policy being ’“ to give the learner an opportunity
214
OPERATION OF TH E LAW S.
to become sufficiently experienced in the different occupations involved
to enable her to command the minimum wage at the expiration o f the
time.” Following this an apprenticeship of one year in millinery
and dressmaking establishments was established, IT weeks at $3
per week, 17 weeks at $5, and 18 weeks at $7.50. Manicuring and hair
dressing called for four periods o f 13 weeks each, $1.50 per week
for the first, $4 for the second, $6 for the third, and $8 for the fourth.
Telephone companies had an established system calling for 18
months’ apprenticeship, but this seemed to the commission to be
unnecessarily long and unjust; the time was therefore reduced to
nine months, broken into two or four periods according to the local
ity in which the exchange was operated. Learners began at $6 per
week, attaining $7.80 for the last portion of the term in the larger
exchanges and $7.50 in the smaller, but in each case they were to
receive the $9 minimum at the end o f the nine months’ period of
training.
The apprenticeship provided for laundering was 3 months at $6 per
week and 3 months at $7.50, not more than 25 per cent o f the em
ployees to be allowed as apprentices. Only 2 months were allowed
as time necessary to learn to feed a mangle. Factory apprenticeships
afforded greater difficulty on account o f the diversity o f the occupa
tions involved, the learning periods ranging from 6 weeks to 1 year,
beginning with the minimum of $6 per week and approaching by de
grees the adult minimum o f $8.90. Office apprenticeships wrere re
garded as less important, as school training presumably largely quali
fies for the work, so that only time for becoming familiar with the
particular needs of the establishment was necessary. As a rule a
weekly rate of not less than $7.50 was prescribed, with no term of
apprenticeship in excess of 6 months.
Difficulty was early experienced with those trades or industries,
such as millinery, dressmaking, manicuring, and hairdressing, in
which there was a custom as to student employees by which they not
only rendered their services without compensation, but were actually
charged Ma tuition fee under the guise o f instruction ” ; the commis
sion felt it “ difficult to find any other term for such gross injustice
than exploitation.” A fter a careful study, a definite line was drawn
between the so-called school and the purely business establishment.
Bona fide schools for instruction were encouraged, but where products
o f different kinds were prepared by the pupils for sale or to meet the
business requirements of the proprietor, the issue of a license and the
payment o f wages were definitely prescribed. Special instructions
were issued to millinery proprietors, and also to hairdressers and
manicurists, and a special conference called in December, 1916, to
consider what regulations would be just to the learners in these occu
pations and trades.
As stated above, the matter o f determining proper apprenticeship
periods was experimental and progressive, and the reports showing
the conclusion of nearly 3 years’ experience indicated a number
o f refinements in the distinctions made for the various occupations,
with extensions to other classes than those passed upon in the first
instance. From January 27,1914, to December 1,1916, 7,977 licenses
were issued, 2,328 remaining in force at the latter date. The great
bulk of these were for 3 groups o f workers—mercantile, 2,3&3; fac
tory, 2,731; and telephone workers, 2,281.
W ASH IN GTO N.
215
The original limitation o f 17 per cent as the proportion of ap
prentices that might be employed was found not to be exceeded on the
first survey when the total number c f minors and apprentices to
gether was considered; while the survey made in the latter part of
1916 showed that apprentices and minors combined constituted 14.1
per cent o f the number o f female workers, or nearly 3 per cent less
than had been found 2 years earlier, so that no tendency to make use
o f apprentices to displace experienced help was disclosed.
The conclusion reached by the commission in its latest (fourth
biennial) report is “ that our State has used the best system, that of
licensing each apprentice and limiting the number.” Blanks are fur
nished applicants for employment as apprentices, to be filled out on
the date the employee begins her work and forwarded to the office of
the commission. When the license is issued it is dated the day o f the
application, thus covering the full period of employment. No 44try
ing-out 77 period is contemplated by the law, and any time not cov
ered by the license is subject to compensation at the rate o f the full
minimum wage. Licenses are issued in duplicate, one copy to the
employer and one to the employee. They show the name of the em
ployer, the name and occupation o f employee, the date o f the begin
ning and end o f each stage o f the period of apprenticeship, and the
weekly wage payable for each. The two parties therefore are ex
actly informed as to the conditions of the employment during the en
tire term of the apprenticeship. Applications are required to state
the age, the occupation desired to be followed, any previous employ
ment or experience in service o f any kind, the wages received, whether
or not a prior license has been issued, family condition, education,
health, etc. The number o f minors and apprentices combined may
not exceed 25 per cent o f those employed in any establishment ex
cepting offices. No apprenticeship is considered necessary in the
public housekeeping industry and in canneries. The various appren
ticeship periods in force at the date o f the fourth biennial report
(August, 1920) are showrn on pages 341 and 342.
Though not directly connected with the matter of a minimum wage,
note may be taken of the statement of the commission as to its
attempt to secure vocational education training in the schools o f
the State as a substitute for apprenticeship, the provisions of the
Smith-Hughes law being relied on to accomplish this end. Begin
nings have been made both in day and night classes in some of the
larger cities, and a growing interest was apparently indicated.
The conditions in 1919-20 were such as to lead a large majority
o f the employers to volunteer shorter periods and higher rates for
their apprentices, many even abandoning all schedules and starting
their workers at the standard minimum wage. During the year
August 13, 1919, to August 13, 1920, only 2,724 apprentices’ licenses
were issued, o f which about one-half, 1,417, were in manufacturing
and the majority of the remainder, 1,106, in the telephone industry.
Mercantile employment called for but 169, office work 20, and tele
graph occupations 12; none whatever were asked for laundry
workers. It is interesting to note that 74 per cent of the licenses for
manufacturing industries were issued to six establishments; 50 per
cent to.fou r establishments in Spokane; 366, or over one-fourth of
the total, were issued to one establishment in this city; and 278, or
19 per cent, were issued to one establishment in Seattle. wThis indi
216
OPERATION OF TH E LAW S.
cates the spirit of a few employers in the State, which forces legis
lation to protect the woman workers.”
EFFECT OF THE LAW .
The orders of 1914 became operative at a time just preceding a
considerable industrial depression, so that their effects could hardly
be discussed without leaving a margin for the influence of business
conditions. However, taking identical establishments in three im
portant industries, using the pay rolls for the week ending September
20, 1913, and the corresponding week of 1914, there was a net de
crease of but 66 workers, the mercantile employments doubtless show
ing most accurately the effects o f the slowing up o f business, having
a decrease of 87. The same is true both as to cause and result to a
considerable extent in the laundry industry, where a decrease of 30
appeared, while in the telephone employment there was an increase
of 51. The net results are not sufficient to warrant any conclusion
to the effect that the minimum wage, which was of general applica
tion, was the cause of the decrease in employment. Each of the three
industries covered by the commission’s survey shows an increase in
the average wage rate. In 1913, 1,758 girls in 24 mercantile estab
lishments were receiving less than $10 per week, while in 1914 there
were but 561 in that class; 276 were receiving the beginner’s wage o f
$6, while 5 millinery apprentices received $3 per wTeek. Twenty
workers received this low rate in 1913. In 1913 but 370 women in
these stores were receiving $10, while in 1914 this number was in
creased to 1,323; again, in 1913 there were but 1,061 workers receiv
ing more than $10 per week; in 1914 the number was 1,218. Ob
viously the general effect of the minimum-wage law was to improve
the condition of the mercantile employees affected by it. Few, if
any, lost employment on account of the increased wage ; a very con
siderable number had their wages directly increased, and the mini
mum showed no tendency to become the maximum. In fact, the
wages of the better-paid girls were sympathetically increased in
many cases on the advance o f the lower-paid workers.
In the laundry industry, for which a rate of $9 per week was fixed,
there were, in 1913, 286 women receiving less than this amount, while
in 1914 but 46 minors or apprentices were in this wage group. Only
66 girls were receiving $9 in 1913, while in 1914, there were 267 in this
class in the 11 establishments visited; 322 workers received more than
$9 per week in 1914, while in 1913 the number was 313. It is evident
that the chief advance in this industry affected those receiving less
than $9.
Telephone employments investigated covering a number o f the
largest exchanges, employing 1,091 girls, showed that in 1913 603
girls were receiving less than $9 per week, while in 1914 there were
but 359 in this class; 64 girls received $9 in 1913, the number being
doubled under the order. The number receiving in excess o f $9 per
week was also increased from 437 to 732.
These immediate effects, disclosed after but a few months’ opera
tion of the law, were corroborated by an investigation made after
it had been in force practically two and one-half years. A survey
o f the mercantile industry at that time, covering 37 firms, disclosed
5 firms reporting dismissals when the minimum-wage law went into
W ASH IN GTO N.
217
effect, 2 letting out 2 females each and 3 letting out 1 each, Two
of these vacancies were filled by employing other saleswomen, how
ever, while in one male help was employed; in another the owner
did his own w ork; one vacancy was not filled, and no intimation was
given as to the other two. Employers were asked whether the es
tablishment o f a standard wage was a protection against unfair com
petition, to which 21 answered affirmatively and 4 negatively, 2 giv
ing no information. The average wage of these 27 representative
firms had advanced from $11,46 for the first 6 months o f 1913 to
$12.47 for the second six months o f 1915; the number o f females
regularly employed was 80 more at the latter period than at the
earlier.
O f 17 manufacturers reporting but 2 reported any females dis
placed when the law came into effect. One firm released its stenog
rapher, using a public stenographer instead; while the other let out
3 females and did not fill their positions. The effect on efficiency
was reported to be good by 2 firms, while 10 had discovered no benefit,
and 5 gave no information. Seven firms thought there was a tend
ency to protect just employers against unfair competition, while 6
answered in the negative and 4 gave no information.
Only 6 laundry and dye works reported to the commission the
effects o f the law at this time, 2 stating that women had been dis
placed when the law went into effect. One firm discharged a female
and replaced her with a man, while the other let out two women and
employed a man and boy. Four firms reported no influence on effi
ciency, wiiile two gave no information. Five found that the law
gave protection against unfair competition, while one made no
statement.
Other industries were included in the investigation, 29 firms em
ploying office help showing 4 females dismissed and younger girls
employed in their stead; 8 hotels and restaurants showed no dis
placements.
The status which developed under the war emergency orders is
measurably disclosed by the surveys undertaken in connection with
the issuance of new orders in 1920. Some account of this has been
given on pages 206 and 211.
The reports contained little discussion as to the effect of the law
on the employment of children. The commission was very willing
that its regulations should have the effect of reducing the amount
of employment of younger children in order that they might remain
in school for better preparation, and further that they might be
kept from competing with adult labor and decreasing the earning
capacity o f the adult members o f the family, who are its natural
supporters. The investigations showed with practical uniformity
that the number of minors and learners taken together was below
the number allowed by the orders. The school records, however,
showed a lessened attendance of children over 14 years of age during
the years 1917 and 1918 when the pressure of war work was most in
tense. A lack of coordination between the school authorities and the
labor officials is apparent, and new legislation is said by the commis
sion to be desirable.
On the date of the investigation by the Federal bureau, October,
1919, 14 employers in Seattle, with 4,000 female employees, and a
like number in Tacoma, having between 1,100 and 1,200 female
218
OPERATION OF TH E LAW S.
workers, were interviewed. The war emergency rate o f $13.20 was then
in effect. Except in 5 and 10 cent stores very few employers admitted
any effect o f this rate on their pay roll, though one small department
store reported an average wage before the 1918 order of about $12
per week, so that 80 per cent of his female employees were affected
by the order. One 5 and 10 cent store reported an average weekly
wage o f $15; two others said that the minimum controlled in their
establishments. Elsewhere entrance rates at or above the minimum
were said to prevail in nearly every case. This inducted the prin
cipal department stores in the two cities, laundry workers (largely
unionized), clothing, candy and biscuit factories, telephone and tele
graph companies, etc. In one large department store it was said that
the law brought up the average, but has not tended to become the
maximum, that girls who could not earn $18 a week were not desirable,
though the minimum should not be fixed so high as it must be a real
minimum for the marginal worker, the matter of adjustment o f
the better workers being left subject to their own attainments.
Another large store reported the average weekly wage for the rank
and file o f the saleswomen to be $23, and that it would like to have a
minimum of $18 established.
The schedule for learners was said by some to be useful as a stimu
lus for the development o f interest in order to qualify for advances,
though most employers reported that they did not follow^ the periods
marked out for apprenticeship, but advanced more rapidly.
O f particular interest, in view o f the action o f certain employers
in connection with the conferences o f 1920, practically amounting to
a strike against the law, is the indorsement o f the act as it was then
in force by the employers interviewed almost without exception. One
department store manager described the law as “ a splendid thing,
only the rate is too lo w ” ; another, “ minimum not adequate” j an
other, “ is a good thing” ; a fourth, “ I approve” ; and a fifth, “ would
like higher minimum ” ; another declared he would not go back to
the old system; still another, “ it is a good thing as it equalizes con
ditions and helps to a better status,” the last one interviewed say
ing that he always favored the law as it makes for efficiency. A
manufacturer “ had no objections to the l a w ” ; others regarded it as
“ beneficial,” “ a good thing,” “ no complaint,” “ is O. K .,” “ is fair,”
etc. In the 5 and 10 cent stores one employer spoke o f it as necessary,
another thought it helped the low-grade girls but hurt others who
were able to do better, while a third reported himself as favoring the
law.
One manufacturer declared himself as believing in a living wage,
but did not believe that the minimum-wage law afforded the solu
tion as it did not furnish material incentive to the workers; if
any law was enacted it should be of interstate effect. Another manu
facturer was not enthusiastic as some failed to earn the minimum
fixed, though he would rather pay it than take the trouble with per
mits and classifications.
It must be remembered that these employers were all in the cities
o f Seattle and Tacoma, and that the flourishing business conditions
of 1918 and 1919 were changed but little, if any. The workers affected
by the law were apparently uniformly in favor of i t ; while organ
ized labor, as represented by various federation officials, claimed
W A SH IN G TO N .
219
complete credit for the enactment of the original law, saying that
“ it was organized labor’s bill.” The objection was raised, however,
that it stands in the way of organization which would secure a really
adequate wage, many being content with what the “ Government
gives us.” A secretary of one of the unions interested complained
that the enforcement fund was inadequate and regarded organization
as essential, though the law was passed for the unorganized and had,
given them valuable assistance. The State federation, at its con
vention o f 1919, adopted a resolution urging a higher rate for women
and apprentices, but was opposed to a bill that had recently been in
troduced in the legislature proposing to fix a minimum for all work
ers, regardless of age or sex.
WISCONSIN.
SKETCH OF THE LAW .
The law o f Wisconsin providing for the establishment o f mini
mum-wage rates was approved July 31, 1913, to be in immediate
effect. It was o f the compulsory type, the State industrial commis
sion being intrusted with authority to investigate conditions and
determine reasonable classifications so as to provide a living wage
for “ any female or minor employed,” unless specially licensed. The
term “ minor ” as used in this law is not specially defined, and the
usual legal definition controls. The commission makes the age of
17 the dividing line between young and standard workers.
The commission may take action on its own initiative, and on veri
fied complaint o f any person setting forth the fact of insufficient
wages must investigate and determine whether there is reasonable
cause to believe that the wages paid to any female or minor employed
are not a living wage. I f the investigation discloses inadequacy, an
advisory wege board is to be appointed, representative of employers,
employees, and the public, to assist in the investigations and deter
minations. The law leaves the industrial commission free to con
duct the investigations and to make its determinations by the use o f
such methods as it may choose. It has power to subpoena witnesses
and compel the inspection o f papers, books, accounts, etc. The wit
nesses thus attending receive fees and mileage as in civil cases o f
courts o f record, Employers discharging or threatening discharge
or other discrimination against employees for testifying are subject
to punishment upon conviction, as are employers paying less than the
living wage established by the order.
Special licenses may be granted any female or minor not able to
earn a living wage, establishing a rate determined by the commission.
The law authorizes the indenture o f every minor working in an occu
pation for which a living wage has been established if the occupation
is a trade industry, though this provision is subject to such excep
tions as the commission may prescribe.
Though the law of Wisconsin is compulsory, its constitutionality
has never been challenged in the courts, nor has any case been re
ported in which its application or construction has been made the
subject o f litigation. This may be explained in part by the action
o f the commission in delaying the establishment of rates until the
outcome o f the suit in regard to the constitutionality of the Oregon
OPERATION OF TH E LAW S.
220
statute is known. The report for the year June 30, 1915, stated
that the depressed industrial condition due to the European war,
leading to low wages and unemployment, “ probably would have
made it extremely difficult to reach any findings that might be ap
plied in normal times, and for that reason the delay occasioned by
the Oregon litigation may be considered not entirely untoward or a
hindrance to the successful working out of the minimum-wage prin
ciple in Yfisconsin.”
COMMISSION AND STAFF.
Under the consolidated system o f administration in force in W is
consin labor legislation generally is in the hands o f the industrial
commission. This consists o f three members appointed by the gov
ernor for terms o f six years each, one appointment expiring every
two years. No limitation is placed upon the appointment o f the
commissioners, but there is practically observed a representation of
labor, employers, and the public. One of the most interested mem
bers, serving from 1913 to 1919, was reappointed in 1919. The terms
o f his fellow members under their original appointment are still
effective, so that the same commission has been in control during the
entire active operation o f the law, only investigative action having
taken place during the first several years of its existence.
The fact that the industrial commission has the enforcement o f a
number o f laws in its hands makes it possible to use such members
o f the staff as are needed in the enforcement of the minimum-wage
law. A director and four or five deputies are especially interested
in the subject of woman labor, one woman giving all her time to that
o f minimum wage, and others as may be required. An allotment is
made from a general appropriation, the estimate in 1919 being that
about $3,600 would be needed for this special work. Deputies re
ceive $1,200 and $1,400 each, one $1,400 deputy being assigned to
the subject o f the minimum-wage law.
ESTABLISHMENT AND ENFORCEMENT OF RATES.
As stated, the commission acts on its own initiative or on com
plaint, and on a finding of need for action a representative advisory
wage board is to be appointed. Employers of three or more females
or minors are required to register with the industrial commission,
stating the number of females and of minors employed, giving their
age, sex, wages, nature of work done, and such other information as
may be required. Witnesses before the commission have been fur
nished by the unions; employers’ records have not been called for, as
the inquiry was based on the needs of the workers, and the use of
the records was not necessary.
The findings of the board are advisory only, as an aid to the com
mission, and may therefore be modified by it or otherwise dealt with
as it may decide. However, modifications have been made thus far
only in matters of subordinate importance.
The law makes no provision for public hearings, but they have
been held to consider recommendations. Orders finally determined
upon are published in an official newspaper of the State and are in
effect 30 days after publication. As an essential to the real knowl
W ISCONSIN.
221
edge of the existence o f the orders, notices are generally mailed to
the affected employers.
Enforcement follows complaints or violations discovered on in
spection. Where complaints have been received, letters and a copy
o f the order are sent suggesting that the employer was probably
ignorant of the law, and instructing him to date payments from the
incipiency of the order. I f no answer is received the negligent
employer is summoned to appear at Madison or other place at the
convenience o f the commission and show cause why he should not
be prosecuted. This has usually sufficed to secure an immediate com
pliance and future cooperation. Complaints are treated confiden
tially, an inspector visiting the establishment and asking to see the
pay roll, thus making the discovery of the short payment in course,
and calling for an adjustment without reference to any action of the
individual concerned. The small number of complaints received in
dicates a general acceptance of the law, though the order was too
recent to permit o f any definite conclusions. This procedure is felt
to be more satisfactory than immediate prosecution, which would
bring hostility, and it has also aided in securing compliance with
other orders of the commission.
Inasmuch as the first order under the law became effective August
1, 1919, there has been but little experience with regard to enforce
ment or discrimination against employees. In October, 1919, only
one case of discharge was suspected, that being a case of a woman
who complained of underpayment; the circumstances in this case did
not appear to be such as to warrant any attempt at enforcement of
penalty. It was thought that large employers could probably be
dealt with, but that prosecutions of small employers were not likely
to be desirable. The commission has no authority under the law to
attempt the collection of balances where underpayment has been
practiced, but feels it a part of its duty to use its influence to this
end. Regular inspections of pay rolls and reports as contemplated
by the law are expected to furnish a means of keeping fully in touch
with the degree o f observance of the act. The commission regards
any order that it may issue merely as a finding by way of definition,
the law imposing upon every employer the duty and obligation of
paying not less than a living wage, even in the absence of a determi
nation by the commission. No waiver of an employee’s'rights is there
fore possible, even by her own agreement.
W AGE BOARDS.
While the law directs the appointment o f an advisory wage board,
the same to be fairly representative, it makes no provision as to
numbers, manner of selection, or procedure. When the organization
of an advisory board was undertaken, 12 members were named— 4
representing labor, 4 employers, and 4 representatives of the public.
The employee representatives were not actually employees to be
affected by the orders, but represented organized labor and were nom
inated by it. They recognized that they lacked something of a rep
resentative capacity, in that they did not argue from an actual per
sonal experience of the conditions involved; but, on the other hand,
“ Can a girl who has not the force and ability or experience to have
advanced beyond a bare minimum render service of value on a wage
222
OPERATION OF TH E LAW S.
b oard ?55 The State Federation and the Milwaukee Federated Trades
Council furnished a list from which the commission made selections.
employers5 associations also making nominations. This mode of
securing employee representatives was felt to be quite satisfactory,
and indeed the only practical method of securing members who could
speak freely and intelligently.
The fact that the wage board of 1918-19 was of general scope led
to some complaint in regard to the representative capacity of the
board, as not all important industries affected were represented
thereon. There was also some complaint that not all sections o f the
State were represented. However, this would be possible only by the
appointment o f a considerably larger board.
No provision is made for the compensation of board members,
though expenses are reimbursed. Employee representatives were
salaried officials of the unions, and employer representatives gave
their time freely, not always demanding expenses. The public repre
sentatives were not uniformly in attendance, but the system was said
to be quite satisfactory. However, as against the opinion that service
on such a board was for the public good, and should be rendered by
persons interested and not by those seeking emolument, an official of
the commission thought that employees losing pay should be com
pensated. The employee representatives, though not in this instance
affected by loss o f wages, thought that, on principle, services on wage
boards should be compensated.
Employee representatives interviewed questioned the value of pub
lic representation, taking the view that such representatives acted
rather as arbitrators, leading to a reduction of the demand of the
labor representatives, when more might have been obtained. The
attitude o f arbitrators was disclaimed by the public representatives.
Others closely interested in the administration o f the law, however,
felt that the representatives o f the public were impartial and a desir
able or even an essential factor in its operation, as without the conces
sion obtained by their agency a working basis could probably not
have been secured.
The advisory board appointed is regarded as a continuing body,
the idea being to make it advisory also as regards administration.
This was conceded to develop a sort of professionalism, but not ob
jectionable, and this could be avoided only by an entire departure
from the chosen policies of the commission. The employee repre
sentatives in particular, being union officials, have this professional
attitude, but the familiarity of the entire group with the matters in
hand is regarded as advantageous.
GENERAL CONSIDERATIONS.
The basis o f the law is the interest o f the State in securing the pay
ment o f a living wage sufficient to maintain a worker under condi
tions consistent with his or her welfare. The term “ welfare ” is
defined to include “ reasonable comfort, reasonable physical well
being, decency, and moral well-being.” The commission did not re
gard these items as severable, and considered the subject o f welfare
in its inclusive sense. A representative o f the public took the position
that the board was not called upon to secure a desirable w^age, but a
minimum below which wages could not be driven without danger.
W ISCONSIN.
223
“ We do not wish to take the place of the labor union or other bar
gaining agencies with regard to wages, but simply to protect the
weakest laborer.9’ Another public representative used practically the
same language, saying that he did not think that a State should use
its power to get as much as the labor union might reasonably get or
as individual efficiency might secure. “ I f the employees have not the
capacity or independence or popular support to get together, and
thereby obtain the wages which they consider they ought to have,
then the State should not substitute its power for their initiative.
A ll that it should do is to establish a minimum below which their
weakness can not be pushed. * * * Either their own organiza
tions or their individual efficiency should be expected to raise them
above what the State can be expected to do for them.”
Labor representatives do not regard the basic elements on which
the law rests as capable o f distribution, saying that the standard
adopted was not one of adequacy but o f improvement over existing
conditions. The welfare o f the worker would not be subserved by
fixing so high a rate that industries would be driven out o f the State
by a sudden burdensome increase. However, there was a feeling that
the compromise effected under the pressure o f the influence of em
ployers and the public was one that would require revision after a
short educative experience.
As to different needs for different classes o f workers, the labor
representatives felt that, with the limitation o f a “ living; wage,” it
should be regarded as securing American standards o f living for all
classes o f workers, and since it was a minimum, no distinctions
could be drawn. The commission reported the subject as having
teen sharply debated, and while variations were pointed out as exist
ing, it was decided that they were largely compensatory and efforts
to establish different standards were dropped. Local differences
were likewise difficult to recognize, as such action would tend to
emphasize existing distinctions and raise the question of whether
rural workers would be drawn from cities for a higher wage or
manufacturers to rural sections to secure cheaper labor.
The Wisconsin statute does not have the provision found in a
number o f laws giving independent authority to the commission to
fix rates for minors, while requiring conferences or wage boards for
women; nor does it name any different standard or basis for fixing
the wages o f minors, but both groups must receive such an amount
as will enable them to maintain themselves. This made the rates for
minors one o f the chief subjects of debate in the wage boards, em
ployee representatives asking the same rate for minors as for women.
Though the employers objected to this, they yielded as a compromise
with a view to change if experience should indicate adequate grounds
therefor. However, the law does not apply where there is an ap
prenticeship indenture under the provisions o f another law of the
State. This law looks toward a systematic apprenticeship and the
carrying out of a system o f training in accordance with standards
fixed by the commission; such standards have been established in a
limited number o f industries. On this account some employers sought
to have an apprenticeship system declared in their establishments for
lines of industry where no organized system of apprenticeship was
in existence. The commission then asked for a description of their
224
OPERATION OF TH E LAW S.
processes and modes of instruction, the result being in general that
no real grounds for an apprenticeship exemption were disclosed. In
any case, individual contracts must be approved by the commission
whether or not under its own standards, but the commission is
avowedly in favor o f an extension o f actual apprenticeship training
where applicable.
The licensing of substandard workers wTas said to involve three
classes, those mentally deficient, those physically incapacitated, and
those enfeebled by age. There was no question as to the propriety
o f licensing wrorkers whose ability was impaired by age, but if a
cripple or otherwise defective person rendered service of a standard
value, she should receive the standard wage, even though not capable
of performing every process in the service with equal facility. Mere
unwillingness to apply one’s self to develop skill or speed should not
be a basis for licensing a slow worker, but she should be left to feel
the need of closer application. In practice no licenses were granted
during the first three months of the operation of the act, though
some tentative inquiries had been received. These came chiefly from
tobacco warehouses, where it was claimed that older women wished
to work at their leisure at stemming, and either could not or did not
care to exert themselves to earn the minimum. Further develop
ments in regard to this subject are considered on page 229.
ORDERS AND RATES.
E M P LO Y M E N T G E N E R A L LY .
As has been stated, the actual operation of the law was deferred
on account o f doubt as to the constitutionality of legislation of this
type. The decision o f the Oregon case, affirmed by the Supreme
Court o f the United States by an equally divided bench, cleared the
way for action in 1917. Previous to this, preliminary work had been
undertaken, the commission having carried on an investigation in
the latter part o f 1913 and the first half of 1914 covering 1,299 estab
lishments in Milwaukee and 1,086 in other cities o f the State; these
establishments employed approximately 48,000 women. The data
gathered covered wages, living conditions, differentials for those living
at home and those away from home, cost o f living, etc. Before its
tabulation was accomplished, the commission suspended action under
the law pending the outcome of the suit attacking the Oregon statute.
The law was peculiar in that it authorized voluntary action by the
commission during the first year o f the existence o f the act, but made
action obligatory on petition after July 1,1914. On October 8, 1914,
a petition signed by seven residents and citizens of the city of Mil
waukee was presented to the commission with the statement that they
“ were credibly informed and verily believed ” that many industries
were being carried on in the city and county of Milwaukee where less
than living wages were paid; action to establish a living wage was
therefore requested. In response to this petition the industrial com
mission called a public hearing in the city of Milwaukee to consider
the appointment of an advisory board under the law. Notice was
given and suggestions requested as to the number of persons, and
the names o f suitable persons to represent employers, employees, and
the public. A meeting was accordingly held and appointments made
W ISCONSIN.
225
from a tentative compiled list of committee members. Several em
ployer representatives resigned, but at the close o f the year ending
June 30, 1915, a board of 11 members had been secured. However,
it had taken no action, nor had the commission proceeded further for
reasons already stated.
In the meantime the matter o f publishing the data collected in
1913-14 was taken up, the data then secured being supplemented by
an investigation as to cost o f women’s board and staple articles of
clothing and of food in various cities of the State, with additional
individual budgets of expenditures of working women. A summary
o f the study, covering information procured of approximately twofifths of the total number of woman wage earners in the State, showed
18 per cent of wage-earning women living away from home, while
those living at home often supplied “ the main factor in the support
of the family,” though for them the actual cost o f maintenance differs
little from the worker living away from home. A minimum budget
of $9.50 wras fixed upon for Milwaukee, $6.50 going for board and
room, $1.90 for clothing, 40 cents for laundry, 20 cents for dentist
and medical attendance, and 50 cents for carfare. Other localities
would differ only in regard to amounts needed for carfare. Nothing
was included for sickness or emergencies, church or social activities,
insurance, newspapers, recreation or vacation. 64It allows only for
the bare necessities that make possible 4reasonable comfort, reason
able physical well-being, decency, and moral well-being.’ ” The com
mission announced that it should be distinctly understood that this
does not embody the conclusion which the commission is expected to
reach, the findings forming but one part o f the evidence on which its
determinations will be based. The f oregoing report was issued May 1,
1916, and remained the principal step taken until after the decision
by the United States Supreme Court, April 9, 1917, sustaining the 1
Oregon law.
Though no action had been taken to determine a minimum rate
prior to the court decision above noted, the commission “ did every-j
thing possible to make the employers see the economy of a living'
wage,” and through its women’s department accomplished much in
an educational way to raise standards of pay for women and children
throughout the State. On May 21, 1918, the Wisconsin Federation
o f Labor, the Consumers’ League of the State, and the Central Coun
cil of Social Agencies of Milwaukee requested a determination of
rates for minors and women in the State to meet the terms o f the
law.
“ With the filing of this petition the duty of the commission is
clear. It is specifically required by law to proceed with the estab
lishment o f a minimum wage for women and children.” The com
mission thereupon “ conducted an investigation to determine whether
there was reasonable cause to believe the allegations in the petition.”
The findings o f the commission were in the affirmative, and an ad
visory wage board was accordingly appointed as a general board
to investigate conditions throughout the State and establish such
a rate as would meet the conditions found, the same to be applicable
to all forms of industries. As preliminary to the appointment of
the board, the same steps were taken as in 1914, i; e., a public hear
ing and the receipt of suggestions as to membership and the number
3 7 5 5 9 °— 21—
15
226
OPERATION OF THE LAW S.
o f persons desired to constitute the board. A hearing was held in
Milwaukee on September 21, 1918, and nominations received for
employer and employee representatives. From these the commission
selected eight members on November 4 who met with the commission
on November 12 to select representatives of the public, This selec
tion was completed December 9, and frequent meetings were there
after held with the commission and members of its staff, the advisory
board acting either as a body or through committees.
Some difficulty was experienced in confining the discussion to the
subject in hand, a disposition being shown by employers to discuss
the principles o f the law rather than to proceed with the duties de
volving upon the board. Employer and employee representatives
were $4 apart in their estimates as to what was a reasonable weekly
minimum. In April a public representative was inclined to accept
a rather low basis as a starting point, naming the $9.50 per week
found by the cost-of-living report as the minimum necessary to
meet the cost o f living, to be followed by increases to $10 in 1920
and $11 in 1921. An employers’ representative substantially in
dorsed this position. Fear was expressed that if too high a rate
was at once adopted it would be “ almost certain to bring on a
reaction or be a dead letter.”
However, at the meeting on June 9 a somewhat more liberal pro
vision was adopted by a majority vote, changing from a daily rate
to an hourly rate, and recommending the sum o f 22 J cents per hour
as the standard for female and minor employees throughout the State.
This was to be reached by stages, a rate ox 19-J cents per hour to be
effective for the remainder of the year 1919, and 20f cents per hour
throughout the year 1920, the 22^-cent rate to be effective January 1,
1921. Based on the customary working time o f 50 hours per week,
this would have given $9.75 per week at once, $10.25 in 1920, and
$11.25 thereafter. Public hearings were held at five principal cities
o f the State, both employers and employees attending in considerable
numbers and representatives o f the commission and o f the advisory
board being present. The commission also extended its investigations
to determine present costs and living conditions, all this matter being
placed before the advisory board for its consideration before final
action. The final meeting of the board was held on July 20, 1919, at
which it was unanimously voted to recommend a minimum o f 22 cents
per hour for “ any experienced female or experienced minor employee
over 17 years of age in any occupation, trade, or industry throughout
the State.” Six months were allowed for learning, during the first
half o f which 18 cents per hour should be paid, and 20 cents during
the second half. Other recommendations related to children, the
number o f a p p re n tice s allowed, deductions for board and lodging,
etc.
The commission regarded these recommendations as “ fair and rea
sonable,” needing to be modified only in minor respects. The position
taken in favor o f establishing an hourly rate rather than a daily rate
“ is supported by testimony that many items in the cost o f living of
female and minor employees vary directly with the number of hours
they are required to work.” Those working shorter hours are not
exhausted, and have both strength and time to do their own laun
dry, repair work, and similar self-service, and are also less likely to
become ill, fatigue being an important cause o f sickness. The age
W ISCONSIN.
227
of 17 was recognized as a suitable dividing line, and gradations for
learners over 17 and for those below were approved. “ In recogniz
ing as distinct classes learners over 17 years of age, minors between
16 and 17 years of age, and minors under 16 years of age, our pur
pose is to afford an opportunity to beginners to secure employment
and a training in industries which offer them a prospect of steady
and remunerative employment.” The lower rates must not be used to
secure cheap labor, and the 25 per cent limitation on the number o f
workers employable under the minimum rate was approved, though
discretion was retained to meet exceptional conditions. No learning
time was thought desirable in seasonal industries which offer no
opportunity for steady employment.
Order No. 1 was therefore issued on June 27, 1919, to become
effective August 1, 1919, establishing the rate of 22 cents for expe
rienced workers and limiting the allowance for board to $4.50 per
week and for lodging to $2 where these are furnished by the em
ployer. The order appears in full on pages 342 and 343.
Though this order applies to eanneries, some special provisions
were adjudged necessary for their regulation on account of emergen
cies that might arise, and also to care for piecework as practiced in
some establishments. These appear on page 344.
TELEPH O N E COM PANIES.
Telephone companies are clearly employers within the meaning of
the minimum-wage law, and therefore subject to the provisions of
order No. 1, which is o f general application, but special problems
were presented with regard to the hours of labor o f the operators in
different classes o f exchanges. Nearly all companies were found to
give service for 24 hours a day and for 7 days per week. However,
in the smaller exchanges there are often long periods when there are
no calls at all, especially at night. Attendance is nevertheless re
quired, and some claim was made that full time should be paid in all
cases. This was felt to be unfair, since there *were long periods of
uninterrupted rest in many exchanges, available for sleep i f at night
or for other work if during the day.
The commission regarded the order o f June 27 as applicable to all
companies, but on August 14,1919, it addressed a circular letter to all
employers in this class advising them that while the order was con
trolling, the commission would deal with the matter of the number
of hours for which the operators should be paid in a supplementary
order. It was to be understood that the findings made in each case
would refer back to August 1, when the general order became effecti </e.
A record of actual calls was requested for day and night operators
separately, showing the number of calls during each hour. Investi
gations were also made by the women’s department of the commis
sion, by which the point of view of both operators and managers was
obtained. A public hearing was held on October 8, 1919, attended
by a large number of managers and a few operators. The companies
were also represented at subsequent meetings o f the advisory wage
board, and upon each occasion additional statements were submitted
as to the nature o f their problem.
Various meetings were held in October and November, and recom
mendations were arrived at by the advisory wage board in December.
228
OPERATION OF TH E LAW S.
The relation between the number of telephones served and the aver
age work time was carefully worked out, and also conditions prevail
ing where the exchange was in a private residence, in a store, or in a
separate office. Exchanges in connection with stores offered little
difficulty, it being the duty of the employer to pay his employees the
standard minimum wage, whatever be the work at which he sets them;
his receipts from the telephone company were not a subject o f con
cern to the commission.
Exchanges in private residences permit the attendant to look after
her own housework, with interruptions varying according to the
number o f calls to be attended to. However, it was felt that these
small exchanges should not be allowed to pay their operators a lesser
wage 66because they are working in their own homes and are supply
ing their own office quarters.” On the basis of an average service a
rate o f 50 cents per month per telephone was recommended by the
board and approved by the commission.
The prime difficulty arose in connection with exchanges in separate
offices, some o f them quite small, while others exacted the full time
o f one or more attendants. However, even where some time for sleep
was available at night it was often so broken as to require a portion
o f the daytime to be set apart for rest, and a determination o f esti
mated service time was found necessary in proportion to the number
o f telephones served. The 24-hour day was divided into two pe
riods— a day period o f 16 hours from 6 a. m. to 10 p. m. and a night
period from 10 p. m. to 6 a. m. Day work is therefore compensated
on the basis o f payment for so many sixteenths o f the time, exchanges
having less than 200 telephones being required to pay for elevensixteenths o f the time, with gradations up to those having 275 or
more, when full time on duty must be paid for. Corresponding
provisions are made for night service, the details appearing in the
order which is reproduced on pages 343 and 344.
H O SPITAL S A N D SA N IT A R IU M S.
The third order issued by the commission was of more limited
application than the foregoing, and like it has to do only with the
subject o f the work time in the establishments to which it refers,
the hourly rate being regarded as fixed by order No. 1. No account
is given o f the procedure by which this determination was arrived at;
the order fixes 55 hours as the standard work time on which pay
shall be computed. For the text see page 344.
HOM E
WORK.
Order No. 4 directs that pay at piece rates for home workers must
yield the standard rates when compared with factory employees o f
the same employer. For the text see page 344.
IN T E R M IT T E N T W O R K E R S .
The commission promulgated as order No. 5 a regulation for com
puting the termination of the learning period o f workers whose em
ployment is irregular, fixing 600 hours as the equivalent o f 3 months9
and 1,200 as the equivalent o f 6 months’ experience. The order is
reproduced on page 344.
W ISCONSIN.
229
TOBACCO STEM M ING W A R E H O U SE S .
Reference has already been made to early evidences of dissatisfac
tion with the minimum-wage order on the part of tobacco ware
house men. The number of applications received for licenses for
alleged substandard employees led the commission to hold a public
hearing on the subject of the application of the minimum-wage law
to tobacco warehouses on October 8, 1919. Extensive investigations
were also made by deputies of the commission and a further hear
ing had on March 2, 1920, with the representative o f a company
which controlled the output o f a large percentage of the tobacco
stemming warehouses in the State. It was fully established that the
• wages earned in most o f these places were much lower than those
prevalent in most other industries employing women and minors,
for which there were two reasons— one the advanced age. of a con
siderable percentage of the workers and the other an inadequate piece
rate. The industry was said to be one “ exceptionally well adapted
to employees of an advanced age, so that naturally it employed an
unusually large number o f elderly women.” Investigations also
showed a direct relationship between age and wage, though this
was not uniform. It seemed a fair conclusion that women over 50
years of age, and still more clearly those over 60 years of age, are
unable to do as much work as younger women.
However, the commission was convinced that this factor was not
the only cause, but that the rate of 3 cents per pound paid in a great
majority o f the warehouses was inadequate to enable employees of
average ability to earn the minimum living wage. Where 3J cents
was paid “ there are practically no women who earn less than the
minimum living wage, and there is no problem o f special licenses.”
The commission therefore reached the conclusion that such a rate
would yield a living wage to workers of average ability, and em
bodied its finding in order No. 6, bearing date of March 30, 1920.
The text o f this order appears on page 344.
B E A U T Y PARLORS.
Chapter 605 of the Laws of 1919 regulates employment conditions
in beauty parlors, placing them under the inspection and control o f
the State board of health. Proprietors must be licensed, and ap
prentices or learners as well. The inspector of beauty pariors under
the State board of health called the attention of the commission to a
special difficulty in applying the provisions of the general order No.
1 to learners in these places of employment. It appeared that two
methods had been followed, one by instruction and training in a
private school or in a commercial beauty parlor which makes a
charge to learners, the other by instruction and training in a com
mercial parlor for which no charge is made. A learner can become
proficient in about six months, but after two months it can be de
termined whether she has talent for the work and is worth the mini
mum of 18 cents per hour prescribed by the law for learners. The
inspector further testified that no learners had been taken on by
beauty parlors in the State and paid the legal rate of 18 cents per
hour.
In view o f the fact that the occupation is a remunerative one, it
was felt to be undesirable that the administration of the minimum-
230
OPERATION OF TH E LAW S.
wage act should in any manner hamper learners in their opportunities
for obtaining instruction and training in such parlors as would in
struct them without requiring them to pay for such training. A c
cepting the inspector’s statement as to the trying-out time of two
months, and not regarding the occupation as one for which an ap
prenticeship provision could be made under the apprenticeship law,
the commission issued an order authorizing the employment of
learners for two months without the payment of the minimum rate.
This recognition o f this employment as a distinct class o f work was
made so as to enable learners to acquire the training without the
expense o f attending a private school. However, these two months
are construed by the commission as forming a part of the first half
of the learning period during which an 18-cent minimum prevails,
so that after three months’ experience, for but one of which the 18cent rate need be paid, the minimum of 20 cents per hour is required,
and 22 cents after six months’ employment. The text o f the order is
set forth on page 344.
Quite important for an understanding o f the foregoing orders is a
series o f u interpretations and rulings ” made by the commission rela
tive to the law and the orders issued under it. These are reproduced
on page 345.
EPFEOT OF THE LAW .
The investigation by the Federal bureau early in October, 1919,
was too soon after the order came into effect for its results to be
known to any great extent. However, employers and others had
had the matter under consideration before the order became operative,
and had also had some experience. It was the opinion o f State offi
cials that while employers were not as a class particularly favorable
to the law, most of them were ready to accept it as a matter o f course,
while some who had paid pretty good wages were anxious for the
minimum in order to eliminate low-paying competitor^. The atti
tude o f the tobacco warehouse men was rather one of opposition, some
o f them spreading the report among their workers that they must
earn the minimum or they would be discharged. As a matter of fact,
the commission instructed against discharges until the various cases
should be considered on their merits. So far as reports indicated at
the time o f the visit o f the agent o f the Federal bureau, discharges
were quite few, perhaps 25 or 30 in the tobacco warehouses through
out the State. There was no case known of women who had been
receiving more than the minimum having their wages reduced. On
the other hand, employers were known to have advanced the pay
above the minimum so as to keep experienced workers who might be
tempted to go elsewhere for the new rates, while others had made
sympathetic advances to preserve the relative position o f such workers
to the newly advanced minimum-wage earners.
The effect on the employment o f children could hardly be deter
mined, since vacation permits had all been issued before the order
became effective. However, when the time came for applications for
permits to work during the school term, there was a decrease o f about
1,000, as compared with the number called for the previous year. It
could not be known whether this was due to the minimum-wage law,
W ISCONSIN.
231
to the “ back-to-school ” drive, or to other causes. The principal
falling off was in the city o f Milwaukee, in which practically onehalf the woman and child workers o f the State find employment.
The order is said to have effected important advances in the earn
ings of woman workers in telephone, mercantile, and manufacturing
establishments in the order named. One result o f the law was re
ported to be the shortening of hours from 49-| or 50 per week to 48,
this being due to the hourly basis for wage payments. The sugges
tion was made that this was perhaps due to the opinion that the
48-hour week furnished the best rate of production per hour, but
this was only a surmise. Employee representatives claimed to know
o f cases o f tobacco workers whose wages had been reduced, while
also reporting a number of merchants as making sympathetic ad
vances to their better-paid workers, three-fourths o f the advances
being o f this class. An employer representative reported himself
as not favorable to the establishment o f the minimum wage on prin
ciple and doubted that there was any coming together in the attitude
of employers and employees as a result of their meetings on the wage
boards. He suggested the dropping of incompetent workers found
unable to earn the minimum, but the current situation did not indi
cate danger in that respect,
Organized labor in the State was committed to a full trial of the"
law and, indeed, had been its chief supporter as far as both enact
ment and employee representation were concerned. There was some
feeling expressed that this was rendering benefit to the unorganized
at the expense o f the organized, adding that it rendered this service
for the sake o f the benefits secured for a defenseless group o f work*
ers. The extension o f the law to all classes o f workers was proposed
in a measure which passed the State senate of 1919, but it was
opposed by organized labor. One State labor official went so far as
to say that if woman had the franchise she should not require such
a law, but it would be a long time before the spirit of self-help
through organization would become sufficiently operative to dispense
with legislation in* behalf o f women and minors. Another thought
if they could be led to organize they would better themselves in a
larger sense, though the speaker “ would not perpetuate misery in
order to stimulate effort in this direction.”
On account of the shortness of experience tinder the law, only a
few employers were interviewed by the Federal bureau representa
tive in October, 1919, these being chiefly in the city o f Milwaukee.
A representative of a number of tobacco warehouses throughout the
State announced his opposition to the law, but said he would comply,
though the discharge of incompetent workers would be necessary.
The employment is seasonal and supplemental and can not be re
garded as a main support for the worker. It was stated that experts
averaged 31 cents per hour, though this did not apply to a very con
siderable number o f the employees, of whom it was said that many
did not try to earn the minimum, while others could not i f they
should try. A representative o f many small telephone companies
said that a very large percentage o f the employees were affected by
the advance, but no one would lose employment on account o f the
law. There has been an improvement in the class o f applicants at
232
OPERATION OF TH E LAW S.
the better pay and more stabilized employment conditions due to the
law, but even so the economic principle was regarded as doubtful.
A manager of a 5 and 10 cent store reported a better class of appli
cants, and was favorable to the law, though the older clerks were
inclined to complain that new girls got too nearly the same pay that
they received. Another manager of a similar store regarded the
effect of the .law on his establishment as negligible. The law was
said to be “ all right,” though at the rate fixed he was not interested,
as it was too low to be influential. A large department store re
ported about 25 per cent of its employees affected, mostly indirectly,
while a large telephone company reported 10 to 15 per cent affected.
The manager o f an office building in which 35 women were employed
as cleaners, etc., was paying in advance of the minimum, so that the
law produced no effect unless possibly indirectly. These three em
ployers either regarded the law favorably or as not in any sense
interfering with their business. A telephone corporation felt that
there was need for a distinction between urban and rural rates, and
made the minimum the standard rate in some smaller places, saying
that it met the cost o f living there, while in the cities more expe
rienced workers must be paid higher rates.
Subsequently the report o f the industrial commission covering the
years July 1,1918, to June 30,1920, gave a brief account o f the effect
of the order. The adjustments o f wages in telephone offices accord
ing to the standards noted above had continued, but were not com
plete. However, 206 women or minor employees had received
$22,439.23 as back pay due to adjustments made. “ The increase in
wages has in many instances been more than 100 per cent and for the
industry as a whole probably exceeded 33^ per cent.”
Quite similar to the foregoing was the experience o f women in the
tobacco stemming warehouses. A revision o f pay was made in this
occupation, affecting 1,442 women, who received a total in back pay
of $5,564.76. The numerous requests for special licenses for tobacco
stemmers were acted on with deliberation, as were the smaller num
bers from other classes o f employers, the result being that up to June
30, 1920, but nine special licenses in all had been issued. The rule
has been formulated that no pieceworkers will receive licenses unless
paid the same rates as others in the occupation, such rates to be suffi
cient to yield at least 25 cents per hour to 75 per cent of the women
and minor employees.
Exact data do not exist for a comparison o f rates before the order
became effective with earnings since then; “ it is probable, however,
that before the adoption of minimum wage order No. 1 one-fourth to
one-third of the woman employees o f the State, not including learners,
were paid less than 22 cents an hour.” Employers also stated that
they wTere obliged to make many increases to higher paid workers in
sympathy with the advances from below the minimum. Therefore
44the minimum has not become the maximum,” nor has there been
any reduction o f opportunities for employment. “ On the other
hand, it is probable that the minimum-wage order had a lot to do
with the reduction in the number of child-labor permits issued dur
ing the summer and fall o f 1919, as 18 cents per hour was then con
sidered a high wage for children.”
SU M M ARY.
233
SUMMARY.
The foregoing review of the laws and their operation reflects the
difference in the types of the laws and the methods of their enforce
ment as well as the differences in the industrial development o f the
State and the length of operation o f the laws. But little needs to be
said with regard to statutory determinations such as exist in Arkansas
and Utah, the inflexibility of such a method being too evident a dis
advantage to call for comment. Administration through a commis
sion is so obviously advantageous and so fully vindicated as a legal
method of procedure that no hesitation can be felt with regard to
this method of administration so far as this phase of the question is
concerned. The plea o f economy which was made when the Utah
law was enacted merely raises the question as to whether or not
an effective and useful law is desired. There remains the question
of a separate commission, as in Oregon, Washington, and California,
or o f a commission of more general powers, administering other
labor laws and having charge o f minimum-wage matters as one of
its responsibilities; such provisions appear in Massachusetts and
Wisconsin. Doubtless the consolidation of activities makes it pos
sible to practice certain economies, both in the way of preliminary in
vestigation and of enforcement. On the other hand, there is a neces
sity in a State of any industrial importance of constant attention
to enforcement provisions and close contact with industrial condi
tions calling for changes in wage rates. However, the organization
of a minimum wage division, as in Massachusetts, might be found
adequate to all needs, while permitting economical and effectual
coordination with other activities of the general organization of
which it is a part.
The employment of subsidiary bodies, known as wage boards or
conferences, is so general as to suggest that their desirability may
be taken for granted. However, they are not provided for in all
States, and their use is optional in others; nor are the results of
their action of equal weight where they exist. The expense of organ
izing a wage board and holding a series o f hearings is a serious one,:
especially in those States in which there is a tendency to a rather
minute subdivision of industries. Furthermore, no one can read the
account of the obstructive attitude of some of the wage boards, where
members have accepted appointment and then refused to act, without
questioning the wisdom o f placing the functioning of a law at the
mercy of irresponsible individuals who are willing to take advantage
of a temporary opportunity to block action.
The permanent administrative commission in every State is author
ized to make investigations, having power to subpoena witnesses and
to examine records. In some States it may proceed immediately to
fix wages, and with such safeguards as public hearings and adequate
publicity the intervention of a subordinate body, at least of more
than advisory capacity, would seem to be open to question. The co
operative value of the members of wage boards in securing the accept
ance of orders and rates has been stressed in several cases, but the
fact that such persons are but a minute fraction of the total involved,
and that they have no continuing official status or mode of public
influence, tends to minify the weight of such suggestions; though
234
SUMMARY*
their influence may be considerable where the members of the boards
are chosen by large and active organizations of employers and work-.
ers> to which they report, and from which they receive instructions,
before which also they have on occasion become champions o f the
law and the orders under it.
The divergence between the recommendations of wage boards meet
ing in close succession, or even contemporaneously, suggests the lack
o f scientific accuracy in their conclusions, That the essential elements
o f living costs vary only to a negligible extent in the occupations in
which women are employed is the consensus o f opinion throughout,
with possible exceptions where there are excessive demands for
laundry, or an unusually destructive wear o f clothing. It should be
stated in this connection that*, while deploring such unjustifiable
differences, members o f commissions feel that the benefits o f the co-
operative effort o f representatives o f the groups affected offset the
disadvantages. The order is felt to be something in which they them
selves have had a part, and not merely a determination imposed upon
them by authority. It can not at least
regarded as unfortunate
that different laws make different provisions in these respects, since
thus contrasting experiences will accumulate, and their results be
open to valuation.
The composition o f wage boards is in the great majority o f cases
such as to represent three presumedly different interests—employers,
employees, and the public^ though in California, for instance, public
representatives are lacking. That the current practice in the various
jurisdictions commands the support of the administrative agency
suggests a degree of satisfaction with whatever type o f law has been
enacted, as well, perhaps, as a measure o f State pride. The fact
remains that each method is felt to provide satisfactory machinery
for the functioning of the law. The conclusion seems practically
inevitable that where the commission can not act in the absence o f
a recommendation by a wage board, some arbitral or approximately
neutral element must be injected into the Wage board to avoid either
a deadlock or the bearing down o f one 'side by the other. It must
be admitted that this conclusion is based on the actual results where
such third party provision existed; and if the two parties were
brought together with a sense o f the necessity o f an agreement on
the basis o f proved facts, it is not impossible that there might be an
adjustment of minds and a recommendation made by agreement
rather than as the result of arbitration.
Some o f the foregoing considerations raise the further question o f
the desirability of the subdivision o f industry,, as in California, where
there are 10 orders, and Massachusetts, where there are 15 with rates
ranging from $8 to $15.50 per week, or o f the grouping o f employ*
ments under an order o f general coverage as in Minnesota, Texas, and
Wisconsin, Unequal rates in different industries, so far as they con
trol at all, must have the effect o f attracting workers to the higher paid
employments, as well as increasing the difficulty o f law enforcement.
The Wisconsin method o f a general order with subsidiary orders car
ing for such differences as the industry may develop would seem to
provide adequately for any situation; while to fix a rate for the year,
as has been done for a series o f years in California, and then issue
separate orders for each occupation^ suggests an unnecessary detail
o f work and expense of printing and o f records.
SUM M ARY.
235
The question o f local differences, as between cities and rural locali
ties, is differently answered in different States, following experience.
The first set of orders in Oregon provided higher rates in cities than
in villages, while later orders placed them on the same basis. In
Minnesota, on the other hand, cities and towns of 5,000 population
form a dividing line for rates differing in amount. A different prob
lem arises in a State of the extent of Texas, in which there are also
considerable differences in the type of population affected. The find
ing o f the commission in this State that actual costs of living differ
little, and the appeal to care equally for the motherhood of the State,
actual or potential, regardless of race or color, diminish the force of
any plea for differences. Contrasting with this is a jurisdiction of
the compactness and homogeneity of the District of Columbia, in
which the population affected is exclusively urban. The fact remains
that where distances are short and street car fare unnecessary, other
savings perhaps also being possible on account of the living condi
tions in village and rural localities, there is apparent ground for
some differences in rates; however, this would affect mercantile rather
than manufacturing interests, as the latter almost o f necessity re
quire an urban labor supply.
As to the results of minimum-wage legislation, it can not be gain
said that there have been general wage increases as the initial result
o f every order or piece of legislation. Orders have been outgrown
and legislative rates left behind as a result of industrial changes,
but this only indicates that a more efficient administration of the law
with prompt adjustment methods was needed, as higher costs have
regularly accompanied higher wage rates and even advanced beyond
them. The fear that the minimum fixed by law would become the
maximum in practice has been unrealized thus far, and some ex
perience under a falling labor market is in the records; however, the
experience of the years of wider application and more varied condi
tions will be of interest, though there would seem to be no danger of
such a development.
The disinclination of employers to submit to public regulations in
such matters as wage rates, hours of labor, and the number o f days
women may be employed per week is the survival of the individualis
tic attitude that has been compelled to give way to a large body of
legislation affecting other fields throughout a number of years, though
more recently coming into action in regard to these particulars.
However, many employers have given hearty approval to both prin
ciple and results, following experience under minimum-wage laws.
They adopt the position that the regulation o f competition is desir
able and that the benefit is not to the workers alone, who are guaran
teed by the law at least a minimum living cost and a sense of stability
in their positions as against cheap, underbidding workers, but they
are themselves as employers likewise safeguarded against competi
tors who are disposed to make use of the least expensive types of
woman labor or to underpay that employed.
Employees have been made use of both as witnesses at public hear
ings and as plaintiffs in actions at law to support the contention that
the minimum wage was an injurious interference with individual
rights, but the vast majority of women affected, so far as investiga
tion has disclosed opinion, has been in favor of such legislation.
236
SU M M ARY.
The attitude of union labor has been referred to in various in
stances and may be regarded as officially determined by the resolu
tions of a number of State conventions in favor of minimum-wage
laws for women and minors, as well as by the action o f members and
officers in favor of such legislation and aiding in its enforcement. The
fact remains that there is a considerable feeling that the women are
content to accept the benefits o f the law when otherwise they might
come into the unions to work for a betterment of their condition;
though there is with this a general concession of the fact that large
numbers of women are not sufficiently industrially minded to care for
organization, so that there is a practical need which the law may in
a measure fill. On the other hand, reports are made of more success
in organization since the enactment of such a law. Some few ex
pressions o f opinion were made in favor o f a law o f general opera
tion, without regard to age or sex, but organized labor does not favor
such action, nor is there any general demand therefor apparent.
Extension o f legislation in this field has been comparatively slow,,
but this is to be explained in part by the long-continued doubt as to
its constitutionality. The second fruitless and presumably final at
tempt of certain employers in the State of Washington to overthrow
their law would also seem to be adequate as a warning to all inter
ested that this type of legislation comes within the police powers o f
the State. In other words, the problem is not legal, but social and
economic.
In but one jurisdiction, the District o f Columbia, has it been proved
that the law was enacted by common consent of both employers and
employees. Probably such a situation can not develop in a com
munity less compact, and the efforts to be made during the current
legislative year in New York, Ohio, and elsewhere will doubtless
meet opposition as they have in the past. The fact of the current re
organization o f industry is an argument both for and against ac
tion, employers feeling that there is need o f free and rapid adjust
ment to meet changing conditions, while the proponents of this
form of regulation regard it as necessary in an unusual degree in
order to steady conditions that are in danger o f working undue injury
to the group o f workers for whose benefit such laws are enacted.
TEXT OF MINIMUM-WAGE LAWS.
ARIZONA.
ACTS OF 1917.1
C h a p t e r 3 8 . — An
act to provide for a m inim um w age for women
and fixing p en a lty for violation thereof.
S e c t i o n 1. N o person, persons, firm or corporation, transactin g
Rate
business w ithin the State of A rizon a, shall em ploy any fem ale in 0 ars‘
any store, office, shop, restau rant, dining-room , hotel, room ing
house, laundry or m an u factu ring establishm ent, at a w eekly w age
of less than ten dollars per w e e k ; a lesser am ount being hereby
declared inadequate to supply the necessary cost o f living to any
such fem ale to m aintain her health, and to provide her w ith the
com m on necessaries o f life.
S ec. 2. Any person, persons, firm or corporation violating any
of the provisions of this act shall be guilty of a misdemeanor, and
upon conviction thereof shall be punished by a fine of not less
than fifty dollars, nor more than three hundred dollars, or by im
prisonment in the county jail for not less than ten days, nor more
than sixty days, or by both such fine and imprisonment, for each
separate offense.
of
ten
Violations,
Approved M arch 8, 1917.
ARKANSAS.
A C T S O F 1915.
No. 191.— A n act to regu late the hours of labor, safeguard
the health and esta b lish a m inim um w age for fem ales in the
S ta te of A rkansas.
A ct
S e c t i o n 1. N o fem ale shall be em ployed in any m anufacturing,
m echanical or m ercantile establishm ent, laundry, or by any e x
press or transportation com pany, in this State, for more than
nine hours in any one day, or more than six days, or more than
fifty-fou r hours in any one w e e k : P rovided, how ever, T h at the
present law governing the em ploym ent o f children under 16 years
o f age shall not be repealed by this act.
*
*
❖
H*
Hours of labor,
$
S e c . 5. E very em ployer shall keep a tim e book or record o f every
Records,
fem a le em ployed in any establishm ent or occupation nam ed in
section 1 o f this act sta tin g the w ages paid, the num ber o f hours
w orked by her on each day o f the week, the hours o f beginning and
ending such w ork and the hours o f beginning and ending the
recess allow ed fo r m eals.
Such tim e books or record shall be
open at all reasonable hours to the inspection o f the officials
authorized to enforce this act. A n y employer who fa ils to keep
such record as required by this section or m akes any fa lse state
m ents therein or refuses to exhibit such tim e book or record, or
m akes a fa lse statem ent to any official authorized to enforce this
act in reply to any question put in carrying out the provisions o f
this act shall be liable fo r violation thereof.
S ec. 6. The commissioner of labor and statistics, or any person
duly authorized by him, may, in the discharge of their duties enter
Enforcement,
1A referendum petition filed against this act was declared null and void
by the supreme court of the State, leaving the act in full force and effect
from June 7, 1917.
237
238
TEXT OF M IN IM U M -W A G E LAW S.
an y establishm ent or occupation w here fem ales are employed m en
tioned in section 1 o f this act as often as practicable during
reasonable hours and shall cause the provisions o f this act to be
enforced therein, and shall have fu ll police pow er in enforcing
com pliance therew ith.
Minimum wage
g EC 7. i t shall be u n law fu l fo r any em ployer o f labor m entioned
rate.
in section 1 o f this act to pay any fem ale w orker in any establish
m ent or occupation less than the w age specified in this section,
to w it, except as herein after p ro vid ed : A ll fem ale w orkers who
have had six m on ths’ practicable [practical] experience in any
line o f industry or labor shall be paid not less than $1.25 per day.
T h e m inim um w age fo r inexperienced fem ale w orkers w ho have
n ot had s ix m on ths’ experience in any lane o f in d u stry o r labor sh a ll
be paid [ ? ] not less than $1 per d a y : Provided, T h a t any inex
perienced fem ale w orkers or apprentices shall be given a certificate
by their em ployers show ing the am ount o f experience they have
had, and all tim e served as inexperienced w orkers, or apprentices,
sh all be cum ulative. A ll fem a le w orkers w ork ing less than nine
hours per clay shall receive the sam e w ages per hour as those
w orking nine hours per day.
*
Piecework.
*
*
*
*
S e c . 9. A ll fem ales em ployed in any industry in this S tate, w ho
are paid upon a piecew ork basis, bonus system , or any other
m anner than by the day, sh all be paid not less than the rate per
day herein specified fo r fem ale em ployees w ho are w ork ing on the
day rate system , and a com m ission, consisting o f the com m issioner
o f labor and statistics and tw o competent w om en, one to be ap
pointed by the governor, and one by the com m issioner o f labor and
statistics, sh all investigate, upon com plaint, any line o f industry
w herein fem ales are em ployed and if in their jud gm ent said system
o f piecew ork is w orking an in ju ry to the general health o f the
employees, they m ay, a fte r hearing, duly held, issue an order com
pelling said firm to abolish piecew ork, or any other injurious
system , and establish a daily rate o f w ages fo r a ll fem a le em
ployees, said rate not to be less than the rate sp e e d e d in section 7
of this act.
F i n d i n g s of
S e c . 1 0. Provided , however, T h a t if said com m ission should find,
commission.
after an investigation, th at a low er m inim um rate o f w ages is
adequate to supply a w om an, or m inor fem ale w orker engaged in
any occupation, trade, or industry, the necessary cost o f proper
living, and to m ain tain th e health and w elfare o f such w om an, or
m inor fem a le w orkers, [it] m ay, a fte r a public hearing d uly held,
at w hich tim e all interested em ployers and em ployees are given a
reasonable opportunity to present their argum ents, issue an order
establishing a m inim um w age rate that in their jud gm ent is
reasonable, and said rate so established shall be the legal m inim um
w age in the industry or occupation effected [a ffe cte d ], and should
said com m ission find, a fter said investigation, th at the m inim um
w age specified in section 7 in th is act is insufficient to adequately
supply a w om an or m inor fem a le w orker engaged in any occupa
tion, trade, or industry, the necessary cost o f proper living and to
m aintain the health and w elfa re o f such w om an or other fem ale
w orker, [it] m ay, after public h earing duly held, at w hich tim e all
interested parties are given a reasonable opportunity to present
their argum ent, issue an order establishing a higher m inim um
w age fo r fem a le w orkers th at in the jud gm ent o f the com m ission,
Is reasonable, and said m inim um w age rate so established by said
com m ission, shall be the legal m inim um w age in the industry or
occupation affected.
Hotels and resS e c . 11 (a s am ended by act No. 275, A cts o f 1 9 1 9 ). S aid com m istaurants.
sion, a fte r a public h earing d u ly held, at w hich all interested per
sons are given an opportunity to present argum ents, m a y establish
regulations governing the em ploym ent o f fem ales in hotels and
re s ta u ra n ts : Provided , Said rules and regulations shall not perm it
fem a le w orkers to be em ployed in excess o f nine hours in any one
day, nor at a low er rate o f w ages than w ill supply said fem ale
em ployees the cost o f proper living, and safeguard their health and
ABKANSAS.
239
w elfare. T h e rate o f w ages established by the com m ission shall
not be greater than the rate o f w ages specified in section 7.
S e c . 12. A n y person, or persons, com pany, or corporation, w ho
Violations,
violates the provisions o f this act, or does not com ply w ith the pro
visions o f this act, shall, upon conviction in any court o f com petent
ju risdiction , be punished by a fine o f not less than $25 nor more
than $100, and each d ay o f noncompliance shall constitute a
separate offense.
S e c . 13 (as amended by act N o. 275, A cts o f 1 9 1 9 ). Should any
Provisions sevsection, or sections o f this act be held invalid by the court, it s h a l l eia e*
not thereby be understood as affecting and sh all not affect the
other provisions o f this a c t : Provided, T h is act sh all not apply to
Exceptions,
cotton factories, or to the gatherin g o f fru its or farm products in
A rk an sas.
Approved M arch 20, 1915.
CALIFORNIA.
C O N S T IT U T IO N .
A r t i c l e 20, — Minimum wages— Protection of employees.
S e c t i o n 17$.
T h e legislatu re m ay, by appropriate legislation,
Power of legisprovide fo r the establishm ent o f a m inim um w age for w omen a n d laturem inors and m ay provide fo r the com fort, health, sa fe ty and gen
eral w elfare o f any and all em ployees. N o provision o f this con
stitution shall be construed as a lim itation upon the authority of
the legislatu re to confer upon any com m ission now or hereafter
created, such pow er and. authority as the legislature m ay deem
requisite to carry out the provisions o f this section.
A m en dm en t adopted N ov. 3, 1914.
A C T S O F 1913.
C h a p t e r 8 2 4 .— An net regulating the employment of women and
minors and establishing an industrial welfare commission to
investigate and deal with such employment , including a minimum w a g e; providin-g for an appropriation therefor and fixing
u penalty for violations of this act.
S e c t i o n 1.— T here is hereby established a com m ission to be
Commission esknown as the Indu strial W e lfa r e C om m ission, hereinafter called tablished*
the com m ission. Said com m ission sh all be composed o f five per
sons, at least one o f w hom shall be a w om an, and all o f whom
sh all be appointed by the governor a s fo llo w s : Two' for the term
o f one year, one for th e term o f tw o years, one fo r the term o f
three years, and one for the term o f four y e a r s : Provided , how
ever, T h a t at the expiration o f their respective term s, their suc
cessors sh all be appointed to serve a fu ll term o f fo u r years. A ny
vacancies shall be sim ilarly filled fo r the unexpired portion o f the
term in w hich the vacancy shall occur. T h ree m em bers o f the
com m ission sh all constitute a quorum .
A vacancy on the com
m ission shall not im pair the right o f the rem aining m em bers
to perform all the duties and exercise a ll the powers and author
ity o f the commission.
S e c . 2. T h e m embers of said com m ission shall draw no salaries
P e r diem of
but all o f said m embers sh all be allow ed $10 per diem w hile en- commissioners,
gaged in the perform ance of their official duties. The com m ission
m ay employ a secretary, and such expert, clerical and other a s
sista n ts a s m ay be necessary to carry out the purposes o f this act,
and shall fix the compensation o f such employees, and m ay, also,
EmT)ia ee
to carry out such purposes, incur reasonable and necessary office
and other expenses, including the necessary traveling expenses o f
th e m em bers o f the com m ission, o f i t s secretary, o f i t s experts,
240
TEXT OF M IN IM U M -W A G E LAW S.
and o f its clerks and other assistants and em ployees. A ll em
ployees o f the com m ission sh all hold office at the p leasure o f the
com m ission.
Commission to
S e c . 3. ( a ) It shall be the duty o f the com m ission to ascertain
investigate wages, the w ages paid, the hours and conditions o f labor and em ploym ent
etcin the various occupations, trades, and industries in w hich women
and m inors are employed in the State o f C aliforn ia and to make
in vestigation s into the com fort, health, safe ty and w elfa re o f such
w om en and m inors.
{!)) .It shall be the duty o f every person, firm, or corporation
em ploying labor in this S ta te :
Employers
to
1. T o fu rnish to the com m ission, at its request, any and all re
furnish reports.
p orts or inform ation w hich the com m ission m ay require to carry
out the purposes o f this act, such reports and in form ation to be
verified by the oath o f the person, or a m em ber o f the firm, or the
president, secretary, or m anager o f the corporation fu rn ish in g the
sam e, i f and when so requested by the com m ission or any member
thereof.
Commission to
2 . T o allow any member o f the com m ission, or its secretary, or
places andSSree^ a n 5"
duly authorized experts or employees, free access to the
ords.
place o f business or em ploym ent o f such person, firm, or corpora
tion fo r the purpose o f m akin g an y investigation authorized by
th is act, or to m ake inspection of, or excerpts from , all books, re
ports, contracts, pay rolls, docum ents, or papers, o f such person,
firm, or corporation relating to the em ploym ent o f labor and pay
m ent therefor by such person, firm, or corporation.
8. T o keep a register o f the nam es, ages, and residence addresses
o f all w omen and m inors employed.
( c ) F o r the purposes o f this act, a m inor is defined to be a
person o f either sex under the age o f 18 years.
Sec. 3 i (added by ch. 204, A cts o f 1919). A n y m em ber o f the
com m ission or deputies duly authorized by it in w riting, shall
h ave the pow er and au th ority to issue subpoenas to compel the
attendance o f w itnesses or parties and the production o f books,
papers, p ay rolls, or records, and to adm inister oaths and to
exam in e w itnesses under oath s and to take the verification or
p ro o f o f instrum ents o f w riting, and to take depositions and
affidavits fo r the purpose o f carrying out the provisions o f this
act, or any o f its orders, rules, or re g u la tio n s: Provided, T h a t no
w itness shall be compelled to attend on said com m ission outside
o f the county in w hich said w itness resides or at a distance greater
than fifty m iles from his place o f residence.
Obedience to subpoenas issued by the com m ission or its duly
authorized representatives shall be enforced in the superior courts
o f the county or city and county in which subpoenas w ere issued.
P r e lim in a r y
S e c . 4. T h e com m ission m ay specify tim es to hold public hearhearings.
ings, at w hich tim es, em ployers, em ployees, or other interested per
sons, m ay appear and give testim ony as to the m a tter under con
sideration. T h e com m ission or any m em ber thereof shall have
pow er to subpoena w itnesses and to adm inister oaths. A ll w it
nesses subpoenaed b y the com m ission shall be paid the fe e s and
m ileage fixed by la w in civil cases. In case o f fa ilu re on the p art
o f any person to com ply w ith any order o f the com m ission or any
m em ber thereof, or an y subpoena, or upon the refu sal o f any w it
ness to te stify to any m atter regarding w hich he m ay law fu lly
be interrogated before any w age board or the com m ission, it
sh all be the duty o f the superior court or the ju d ge thereof, on
the application o f a m em ber o f the com m ission, to com pel obedi
ence in the sam e m anner, by contempt proceedings or otherw ise,
that such obedience would be compelled in a proceeding pending
before said court. T h e com m ission shall have pow er to m ake and
enforce reasonable and proper rules o f practice and procedure and
shall not be bound by the technical rules o f evidence.
Wage board.
g Ec. 5. I f , afte r investigation, the com m ission is o f the opinion
that, in any occupation, trade, or industry, the w ages paid to
w omen and m inors are inadequate to supply the cost o f proper
CALIFORNIA.
241
living or the hours or conditions o f labor are p rejudicial to the
health, m orals, or w elfare o f the w orkers, the com m ission may
ca ll a conference, h erein after called “ w age b oard,” composed o f
an equal num ber o f representatives of em ployers and employees
in the occupation, trade, or industry in question, and a representa
tive o f the com m ission to be designated by it, who shall act as
the chairm an of the w age board. T he m em bers o f such w age
board shall be allow ed $5 per diem and necessary traveling ex
penses w hile engaged in such conferences. T h e com m ission shall
m ake rules and regulations governing the number and selection o f
Ruleg for w
the mem bers and the mode o f procedure of such w age board, and board,
sh all exercise exclusive ju risd iction over all questions arising as
to the va lid ity o f the procedure and o f the recom m endations of
such w age board. T he proceedings and deliberations o f such
w age board shall be m ade a m atter o f record for the use o f the
com m ission, and shall be adm issible as evidence in any proceed
ings before the com m ission. On request o f the com m ission it shall
F i n d i n g s of
be the duty o f such w age board to report to the com m ission its wage board,
findings, including th e r e in :
1. A n estim ate o f the m inim um w age adequate to supply to
w om en and m inors engaged in the occupation, trade, or industry
in question the necessary cost o f proper livin g and to m aintain
the health and w elfare o f such w om en and m inors.
2. T h e num ber o f hours o f w ork per day in the occupation,
trade, or industry in question, consistent w ith the health and w el
fa re o f such wom en and m inors.
3. T h e standard conditions o f labor in the occupation, trade, or
in du stry in question, dem anded by the health and w elfare o f such
w om en and m inors.
S e c . 6 (a s amended by ch. 2 0 4 , A cts o f 1 9 1 9 ) . ( a ) T he com m isPower to fix
sion shall have furth er pow er a fter a public hearing had upon its wa^es» etcown m otion or upon petition, to f i x :
1. A m inim um w age to be paid to w omen and m inors engaged
in any occupation, trade, or industry in this State, w hich shall
not be less than a w age adequate to supply to such w omen and
m inors the necessary cost o f proper living and to m aintain the
health and w elfare o f such wom en and minors.
2. T h e m a xim u m hours o f w ork consistent w ith the health and
w elfare o f w om en and m inors engaged in any occupation, trade,
or industry in this State : Provided, T h a t the hours so fixed sh all
not be more than the m axim u m now or hereafter fixed by law .
3. T h e standard conditions o f labor dem anded by the health and
w elfa re of the women and m inors engaged in any occupation, trade,
or industry in this State.
(&) Upon the fixing o f a tim e and place for the holding o f a
Hearings upon
hearing fo r the purpose o f considering and acting upon any m a tters determinations*
referred to in subsection O ) hereof, the com m ission shall give
public notice by advertisem ent in at least one newspaper published
in each o f the cities of L os A ngeles, Oakland, and Sacram ento and
in the city and county o f San Francisco, and shall give due notice
in at least one newspaper published in each o f the cities of Fresno,
E u rek a, San Diego, L on g Beach, A lam eda, B erkeley, and Stockton,
and by m a ilin g a copy o f said notice to the county recorder o f each
county in the State to be posted at the courthouse o f each county,
or city and county, and to each association o f em ployers or em
ployees o f fifteen or m ore m em bers w ithin the State o f C aliforn ia
w hich shall file w ith the com m ission a w ritten request for such
notice o f such hearing and purpose th e r e o f; w hich notice shall
state the tim e and place fixed for such hearing, w hich shall not be
earlier than fourteen days from the date of publication and m a il
ing o f such notices.
( c ) A fte r such public hearing the com m ission m ay, in its disOrders,
cretion, make a m andatory order to be effective in six ty days from
the m aking o f such order, specifying the m inim um w age fo r w om en
or m inors in the occupation in question, and the m axim um h o u r s :
37559°— 21------- 16
TEXT OF M IN IM U M -W A G E LAW S.
242
Provided , T liat the hours specified shall not be more than the
m axim u m for w om en or m inors in C a liforn ia, and the standard
conditions o f labor for said w om en or m in o rs: Provided , how
ever, T h a t no such order shall become effective until afte r A p ril 1,
1914. Such order shall be published in at least one newspaper in
each o f the cities o f L os A ngeles and Sacram ento and in the city
and county o f San Francisco, and a copy thereof be m ailed to the
county recorder o f each county in the S tate, and such copy shall
be filed w ithout charge. T h e in d u strial w elfare com m ission shall
send by m ail, so fa r as practicable, to each em ployer in the occu
pation in question, a copy o f the order, and each em ployer shall be
required to post a copy o f such order in the building in which
w omen or m inors affected by the order are em ployed. F ailu re to
m ail notice to the em ployer shall not relieve the em ployer from the
duty to com ply w ith such order. F in d in g by the com m ission that
there has been such publication and m a ilin g to county recorders
sh all be conclusive as to service.
R econsiderag Ep 7 w h e n e v e r w ages, or hours, or conditions o f labor have
1011‘
been so made m andatory in any occupation, trade, or industry, the
com m ission m ay at any tim e in its discretion, upon its ow n m otion
or upon petition o f either em ployers or em ployees, afte r a public
hearing held upon the notice prescribed for the original hearing,
rescind, alter, or am end any prior order. A n y order rescinding a
prior order shall have the sam e effect as herein provided for in an
original order.
Special licenses.
g E a § ( a s am ended by ch. 571, A cts o f 1 9 1 5 ). (a) F o r any oc
cupation in w hich a m inim um w age has been established, the com
m ission m ay issue to a w om an physically d efective by age or
otherw ise, a special license authorizing the em ploym ent o f such
licensee, fo r a period o f six months, for a w age less than such
legal m inim um w a g e ; and the com m ission shall fix a special m ini
m um w age fo r such person. A n y such license m ay be renewed for
like periods o f six months.
Same.
(&) F or any occupation in w hich a m inim um w age has been es
tablished, the com m ission m ay issue to an apprentice or learner, a
special license authorizing the em ploym ent o f such apprentice or
learner, fo r such tim e and under such conditions as the com m is
sion m ay determ ine at a w age less than such legal m inim um w age
and the com m ission sh all fix a special w age fo r such apprentice or
learner.
Limitation.
rphe com m ission m ay fix the m axim u m num ber o f women,
and m inors under eighteen years o f age, to be employed under the
licenses provided fo r in su bdivisions (a) and (&) o f this section
in any occupation, trade, industry or establishm ent in w hich a m ini
m um w age has been established.
investigations
Sec. 9. Upon the request o f the com m ission, the labor com m is
sioner'°r commis' sioner shall cause such statistics and other d ata and inform ation
to be gathered, and investigations m ade, as the com m ission m ay
require. T h e cost thereof shall be p aid out o f the appropriations
m ade fo r the expenses o f the com m ission.
r>i s c h a rging,
Sec. 10. A n y em ployer who discharges, or threatens to discharge,
etc., employees. or
any 0 fh er m anner discrim inates again st any employee be
cause such em ployee has testified or is about to te stify , or because
such em ployer believes that said employee m ay te stify in any in
vestigation or proceedings relative to the enforcem ent o f this act,
shall be deemed gu ilty o f a m isdem eanor.
Violations.
Sec. 11 (a s amended by ch. 571, A cts o f 1 9 1 5 ). T h e m inim um
w age fo r w om en and m inors fixed by said com m ission as in this
act provided, shall be the m inim um w age to be paid to such em
ployees, and the paym ent to such em ployees o f a less w age than
the m inim um so fixed shall be u n law fu l, and every em ployer or
other person who, either individually or as an officer, agent, or
employee o f a corporation or other person, p ays or causes to be
paid to any such employee a w age less than such m in i
mum, shall be guilty o f a m isdem eanor, and upon conviction
thereof shall be punished by a fine o f not less than $50, or
by im prisonm ent for not less than 30 days, or by both such fine
CALIFORNIA.
243
a n d im p rison m en t ; an d every em ployer or oilier person who, either
in d ivid u a lly or as a n officer, agent, or employee o f a corporation,
o r oth er persons, violates o r refuses or neglects to comply w ith the
p rovisions o f th is act, or any orders or rulings o f this com m ission,
sh a ll he gu ilty o f a m isdem eanor, and upon conviction th ereof
be punished by a fine or not less than fifty dollars, or by im prison
m ent for not less than thirty days, o r by both sncli fine and im
prisonm ent.
Sec. l i b (added by ch. 204, A cts o f 1 9 1 9 ). It sball be the duty Enforcement.
o f the in du strial w elfare com m ission to en force the provisions o f
th is act and com pliance w ith its orders, rules, and regulations.
F u ll pow er and au th ority is hereby vested in the com m ission to
take siieh action as m a y be deem ed essential fo r such purposes.
Prosecutions.
S e c . 12 (a s am ended by ch. 571, A cts o f 1 9 1 5 ). In every prose
cution fo r violation o f any provision o f this act, the m inim um
w age, the m axim u m hours o f w ork, and the standard conditions
o f labor fixed by the com m ission as herein provided, shall be
p rim a facie presum ed to be reasonable and la w fu l, and to be the
livin g w age, th e m axim u m hours o f w ork, an d the stand ard con
d itio n s o f labor required herein. T h e findings o f fa c t m ade by
the com m ission acting w ithin its pow ers shall, in the absence o f
frau d, be con clu sive; and the determ ination m ade by the com
m ission sh all be subject to review only in a m anner and upon the
grounds fo llo w in g : W ith in 20 d a y s from the date o f the determ i
nation, any party aggrieved thereby m ay commence in the superior
court in and for the city and county o f San F rancisco, or in and
fo r the counties o f L os A n geles or Sacram ento, an action against
th e com m ission for review o f such determ ination. In such action
a com plaint, w hich sh all sta te the grounds upon w hich a review
is sought, shall be served w ith the sum m ons.
Service upon the
se cre ta ry o f the com m ission, or any m ember o f the com m ission,
sh a ll be deemed a complete service. T h e com m ission sh all serve
its an sw e r w ithin 20 d ays a fte r the service o f the co m p la in t W ith
its answ er, the com m ission shall m ake a return to the court o f all
docum ents an d papers on file in the m a tter, and o f a ll testim ony
and evidence w hich m a y have been taken before it, and o f its find
in gs an d the determ ination . T h e action m ay thereupon be brought
on fo r h earin g before the court upon such record by either party
on 10 d a y s’ notice o f the other. Upon such hearing, the court m ay
confirm or set aside such determ ination ; but the sam e shall be set
asid e on ly upon the following; g r o u n d s :
( 1 ) T h a t the com m ission acted w ithout or in excess o f its Grounds for set
ting aside deter
pow ers.
minations.
<2) T h a t the determ ination w as procured by fraud.
Upon the settin g asid e o f any determ ination the court m ay re
co m m it the controversy and rem and the record in the case to the
com m ission for fu rth er proceedings.
T h e com m ission, or any
p arty aggrieved, b y a decree entered upon the review o f a deter
m ination, m ay appeal therefrom w ithin the tim e and in the m an
ner provided fo r an appeal from the orders o f the said superior
court.
R i g h t to re
S ec. IB. A n y em ployee receiving less than the leg al m inim um cover.
w age applicable to such employee sh all be entitled to recover in
a civil action the unpaid balance o f the fu ll am ount o f such m ini
m u m w age, together w ith costs o f suit, n otw ithstanding any agree
m ent to w ork fo r such lesser wage.
Sec 14. Any person may register with the commission a com
plaint that the wages paid to an employee for whom a living rate
has been established, are less than that rate, and the commission
shall investigate the matter and take all proceedings necessary
to enforce the payment of a wage not less than the living wage.
S e c . 15. T h e com m ission shall biennially m ake a report to the
governor and the S ta te legislatu re o f its investigations and pro
ceedings.
Sec. 16. There is hereby appropriated a n n u ally out o f the
m oneys o f the S tate treasury, not otherw ise appropriated, the sum
o f $15,000, to be used by the com m ission in carrying out the pro
Complaints.
Reports.
Appropriation.
TEXT OF M IN IM U M -W A G E LAW S.
244
visions o f this act, and the controller is hereby directed from tim e
to tim e to draw his w arran ts on the general fund in fa v o r o f the
com m ission for the am ounts expended under its direction, and the
treasurer is hereby authorized and directed to pay the same.
Arbi t rat i on
Sec. IT. The commission shall not act as a board of arbitration
during strike or
l o c k o u t forbid during a strike or lockout.
den.
Sec. 18. (a) Whenever this act, or any part or section thereof,
is interpreted by a court, it shall be liberally construed by such
court.
Constitutional
ity of act.
(b ) I f any section, subsection, or subdivision o f this act is for
an y reason held to be unconstitutional, such decision shall not
affect the va lid ity o f the rem aining portions o f this act.
The
legislatu re hereby declares that it w ould have passed this act,
and each section, subsection, subdivision, sentence, clause, and
phrase thereof, irrespective o f the fact that any one or m ore sec
tions, subsections, subdivisions, sentences, clauses, or phrases is
declared unconstitutional.
Scope of act.
Sec. 19. The provisions of this act shall apply to and include
women and minors employed in any occupation, trade, or industry,
and whose compensation for labor is measured by time, piece, or
otherwise.
Approved M ay 26, 1918.
COLORADO.
ACTS
O F 1917.
C hapter 98.— An act for the determination of minimum wages
and proper conditions of labor for ivomen and minors .
Basis.
Section 1. T h e w elfa re o f the State o f Colorado dem ands th a t
w om en and m inors be protected from conditions o f labor w hich
have a pernicious effect on th eir health and m orals, and it is there
fore hereby declared, in the exercise o f the police and sovereign
power o f the State o f Colorado, that inadequate w ages and un
san itary conditions o f labor exert such pernicious effect.
Commission.
Sec. 2. T h e In d u stria l Com m ission o f Colorado is hereby made
and constituted a m inim um w age com m ission for this State, and
the w ord “ com m ission ” as h ereinafter used refers to and m eans
said In d u stria l C om m ission o f Colorado, and the “ com m issioner ”
as h erein after used refers to and m eans a mem ber o f said com
m ission. T h e act and decision o f a m a jo rity o f said com m ission,
or any deputy w hen duly authorized by the com m ission, shall be
deemed the act or decision o f said com m ission, and no vacancy
shall im pair the right o f the rem aining com m issioners to exer
cise all the powers o f said com m ission.
Employees.
Sec. 8. T he com m ission m ay appoint a secretary, who shall de
vote his entire tim e to the duties o f the office, and shall receive
a salary o f $1,800 per annum , payable m onthly.
T h e com m is
sion m ay em ploy and fix the com pensation o f such deputies,
expert, clerical, and other assistan ts as m ay be necessary to carry
out the purpose o f this act, and m ay include am ong its expenses
the travelin g expenses o f the m em bers o f the com m ission and
its em ployees. A ll em ployees shall hold office at the pleasure o f
the com m ission. T he com m ission m ay incur other expenses not
exceeding the ann ual appropriations therefor, and shall be pro
vided w ith a suitable office in the State capitol.
E m p l o y ment
Sec. 4. I t shall be u n law fu l to em ploy w om en in any occupa
forbidden.
tion w ith in th e State o f Colorado for w ages w hich are inadequate
to supply the necessary cost o f liv in g and to m aintain the health
o f wom en so e m p lo y e d ; and it shall be un law fu l to em ploy m inors
in any occupation w ithin the State o f Colorado fo r unreasonably
low w a g e s ; and it shall be u nlaw fu l to em ploy w om en or minors
in any occupation w ithin this State under conditions o f labor
detrim ental to their health or m orals.
Investigations.
Sec. 5. I t sh all be the duty o f the com m ission to inquire into
the w ages paid to w om en em ployees above the age o f eighteen
COLORADO.
245
ye ars, and m inor em ployees under eighteen years o f a g e ; also
into the conditions o f labor surrounding said em ployees, in any
occupation in this State, if the com m ission has reason to believe
that said conditions o f labor are detrim ental to the health or m or
als o f said employees, or th at the w ages paid to a substantial
num ber o f employees are inadequate to supply the necessary cost
o f living and to m ain tain such em ployees in health. T he w ord
“ m inor ’’ as used in this act refers to and m eans any person o f
either sex under the age o f eighteen years, and the w ord “ w om an”
as used in this act refers to and m eans a fem ale person o f or over
the age o f eighteen years. A t the request o f not less than tw entyfive persons engaged in any occupation in w hich women or m inors
are em ployed, the com m ission shall forth w ith m ake such investi
gation as is herein provided. T h e com m ission m ay, at any tim e,
m ake such investigation upon its own initiative.
S e c . 6. T h e com m ission is hereby authorized and em pow ered
Wages,
to ascertain and determine, and shall ascertain and determine,
the m inim um w ages sufficient fo r living w ages fo r w om en and
m inors o f ordinary ability, including m inim um w ages sufficient
fo r livin g w ages, w hether paid according to tim e rate or piece
r a t e ; also the m inim um w ages sufficient fo r living w ages for
learners and ap p ren tices; also standards o f conditions o f labor
and hours o f em ploym ent not detrim ental to health or m orals for
w om en and for m inors, and w hat are unreasonably long hours for
wom en and m inors, and w h at are unreasonably low w ages for
minors, in any occupation in th is State.
S e c . 7. T he commission shall, fo r the purposes of^ this act, have
Powers of comfu ll pow er and authority to investigate and ascertain the con- missl0nditions o f labor surrounding said w omen and m inors, also the
w ages o f w om en and m inors in the different occupations in w hich
they are em ployed, w hether paid by tim e rate or piece rate, in
the S tate o f Colorado. T h e w ord “ occupation ” as used in this
act shall be so construed as to include an y and every vocation,
trade, pursuit, and industry.
T h e com m ission shall have fu ll
pow er and authority as a com m ission, or through any au
thorized representative or an y com m issioner, to inspect and ex
am ine and m ake excerpts from an y and all books, reports, con
tracts, pay rolls, docum ents, papers and other records o f any em
ployer o f w om en or m inors, th a t in any w ay appertain to or
have bearing upon the question o f w ages o f any such w om en
w orkers or m inor w ork ers in any o f said occupations, and to re
quire from any such em ployer fu ll and true statem ents o f the
w ages paid to all w om en and m inors by any employer. E very
Duties of emem ployer of wom en and m inors shall keep a register o f the Ployers*
nam es, ages, dates o f em ploym ent, and residence addresses o f all
w om en and m inors em ployed, and it sh all be the duty o f every
such em ployer, w hether a person, firm, or corporation, to furnish
to the com m ission, at its request, any and all reports or in form a
tion w hich the com m ission m ay require to carry out the purposes
o f this act, such reports and in form ation to be verified by the
oath o f the person or a m em ber o f the firm, or the president,
secretary, or m anager o f the corporation fu rn ishin g the sam e,
if and when so requested by the com m ission or any member
th e r e o f; also to allow the com m ission, any authorized represen
tative, or any com m issioner, free access to the place o f business
o f such em ployer fo r the purpose o f m aking any investigation
authorized by this act.
S e c . 8 . T h e com m ission m ay hold public hearings at such tim es
Hearings,
and places as it deems proper fo r the purpose o f investigating any
o f the m atters it is authorized to in vestigate by this act, at which
hearings em ployers, em ployees, or other interested persons m ay
appear and give testim ony as to the m atter under consideration.
Th e com m ission, or an y m em ber thereof, shall have pow er to
subpoena and compel the attendance o f any w itnesses and to ad
m inister o a th s ; also, by subpoena, to compel the production o f
any books, papers, or other evidence at an y public hearing o f the»
com m ission or at any session o f any w age board called and held,
246
TEXT OF M IN IM U M -W A G E LAW S.
as hereinafter provided. A ll w itnesses subpoenaed by said com
m ission shall be paid the sam e m ileage and per diem as are
allow ed by la w to w itnesses in civil cases before the d istrict court
o f the S tate o f Colorado.
I f any person sh all fa il to attend as a w itness, or to bring
w ith him any books, papers, or other evidence when subpoenaed
b y the com m ission, or shall refuse to te stify when ordered so to
do, the com m ission m ay apply to any district court or county
court in this S ta te to compel obedience on the p art o f such per
son, and such district court or county court shall thereupon com
pel obedience by proceedings fo r contempt, as in cases o f dis
obedience o f any order of said court in a proceeding pending
before said court.
T h e com m ission shall have pow er to m ake
and enforce reasonable and proper rules and procedure and shall
not be bound by the technical rules o f evidence. S aid com m ission
m ay hold m eetings fo r the transaction o f any o f its business at
such tim es and p laces as it m a y prescribe,
rrocedure.
S e c . 9 . I f , after investigation, the com m ission is o f the opinion
th at the conditions o f em ploym ent surrounding said em ployees
a re detrim ental to the health or m orals, or that a substantial
num ber o f w om en w orkers in any occupation are receiving w ages,
w hether by tim e ra te or piece rate, inadequate to supply the
necessary costs o f liv in g and to m ain tain such w orkers in health,
the com m ission sh all proceed to establish m inim um w age rates,
either directly or by the indirect method hereinafter described.
I f it selects the direct method, the com m ission shall establish the
m inim um w age rates.
I f it adopts the indirect m ethod, the
Wage boards, com m ission sh all establish a w age board, consisting o f not more
than three representatives o f em ployers in the occupation in
question, and o f an equal num ber o f persons to represent the
fem a le em ployees in said occupation, and o f an equal num ber o f
disinterested persons to represent the public, and som e one repre
senting th e com m ission, i f it so desires.
T h e com m ission shall
nam e and appoint all m em bers o f such w age board and designate
the chairm an th e r e o f: Provided , however, T h a t the selection o f
m em bers representing em ployers and em ployees shall be, so fa r
as practicable, through election by em ployers and em ployees re
spectively, su bject to approval and selection by the com m ission, as
aforesaid. A t lea st one representative o f the em ployers, at least
one representative o f th e em ployees, and at lea st one representa
tive o f th e public sh a ll be a w om an. T h e m em bers o f the w age
board shall be com pensated at the sam e rate and fees fo r service
as ju ro rs in counties o f the second class, and they shall be a l
low ed their necessary travelin g and clerical expenses incurred in
th e actual perform ance o f their duties, the-se p aym ents to be m ade
from the appropriations fo r the expenses o f the com m ission. T he
proceedings and deliberations o f such w age board shall be made
a m atter o f record, fo r the use o f the com m ission, and shall be ad
m issible a s evidence in any p roceed in gs. before the com m ission.
E ach w^age board sh all have the sam e pow er as the com m ission to
subpoena w itnesses, adm inister oaths, and compel the production
o f books, papers, and other evidence. W itn e sses subpoenaed by a
w age board shall be allow ed the sam e com pensation as when
subpoenaed by the com m ission.
Duty of wage
S e c . 10. T h e com m ission m ay transm it to each w age board all
>ards.
pertinent inform ation in its possession relative to the w ages
paid or m ateria l to the subject o f inquiry in the occupation in
question.
E ach w age board shall endeavor to determ ine, i f re
quested so to do by the com m ission, the standard conditions o f
' e m p lo y m e n t; also the m inim um w age, w hether by tim e rate or
piece rate, adequate to m aintain in health and to supply w ith
the necessary cost o f living, a fem ale employee o f ordinary ability
in the occupation in question, or in any branches th e r e o f; also
suitable m inim um w7ages (graded, so fa r as practicable, on a
rising scale tow ard the m inim um allow ed experienced w orkers)
fo r learners and ap p ren tices; also suitable m inim um w ages for
COLORADO.
247
minors below the age of eighteen years. W h en a m a jo rity of the
m em bers o f a w age board sh all agree upon standard conditions of
em ploym ent or m inim um w age board determ inations, they shall
report such determ inations to the com m ission, together w ith the
reasons th erefor and the fa cts relating thereto. A m a jo rity o f the
m em bers o f any such w age board shall constitute a quorum.
Sec. 11. Upon receipt of a report from a wage board, the com- Report s to
mission shall review the same and may approve or disapprove any commisslon*
01* all the determ inations, or m ay recom m it the subject to the sam e
or a new w age board.
I f the com m ission approves any or all
o f the determ ination s o f the w age board, said com m ission shall
publish notice not less than once a week for tw o successive w eeks
in a new spaper of general circulation published in the county or
counties in w hich any business d irectly affected thereby is located,
th at it w ill, on a d ate and at a place nam ed in said notice, hold a
public m eeting, at w hich all persons in favo r o f or opposed to said
recom m endations w ill be given a h e a r in g ; and afte r said publiHearings,
cation o f said notice and said m eeting, said com m ission m ay, in
its discretion, m ake and render such an order as m a y be proper or
necessary to adopt such recom m endations and carry - the same
into effect and require all em ployees in the occupation directly
affected thereby to preserve and com ply w ith such recom m enda
tions and said order. Said order sh all becom e effective in thirty
d ay s a fte r it is m ade and rendered and sh all be in fu ll force and
effect on and a fte r the thirtieth day follow ing its m aking and
rendition.
A fte r said order becomes effective, and w hile it is
effective, it shall be u n law fu l for any em ployer to violate or d is
regard any o f the term s or provisions o f said order, or to em ploy
any w om an w orker in any occupation covered by said order at
low er w ages or under other conditions than are authorized or
perm itted by said order.
S aid com m ission shall, as fa r as is practicable, m ail a copy o f
Notice to em.
any such order to every em ployer affected th e r e b y ; and every payers,
em ployer affected by a n y such order shall keep a copy thereof
posted in a conspicuous place in each room in his establishm ent
in w hich w omen w orkers w ork. N o such order of said com m is
sion sh all authorize or perm it the em ploym ent o f any w om an or
m inor fo r more hours per day or per week than the m a xim u m
now fixed by l a w : Provided, however , T h a t in case o f emergencies
w hich m a y arise in the conduct o f any industry 01* occupation,
overtim e m ay
perm itted under conditions and rules, and for
Overtime,
increased m inim um w ages, w hich the com m ission, after investi
gation, shall determ ine and prescribe by order, and which shall
apply equally to all em ployers in such industry or occupation.
Sec. 12. W h enever a m inim um w age rate, or a new standard o f Reconsider
conditions o f em ploym ent established in any occupation, h as been tionestablished in any occupation, the com m ission m ay, if it deems
proper or necessary so to do, upon petition o f either em ployers or
employees, reconvene the w age board or establish a new w age
board, and any recom m endation m ade by such board shall be
dealt w ith in the sam e m anner as the original recom m endation o f
a w age b o a r d : Provided, however, T h a t, pending any new deter
m ination, any m inim um w age rate and any new standard of
conditions o f em ploym ent theretofore established shall be and
continue in force and effect.
S e c . 13. F or any occupation in w hich a tim e rate only has been
Special
liestablished, the com m ission m ay issue to any w om an p hysically censesdefective or crippled by age or otherw ise, or less efficient than
w omen w orkers o f ordinary ability, a special license authorizing
the em ploym ent o f the licensee at such w age less than said legal
m inim um w age as shall be provided by said com m ission and
stated in said lic e n s e : Provided, T h a t the num ber o f such persons
so specially licensed shall not exceed one-tenth o f the w hole
number o f w orkers in any establishm ent.
Sec. 14. The commission may at any time inquire into the wages
paid to minors and the conditions of their employment in any
occupation, and may, after public hearings, determine minimum
Minors,
248
TEXT OF M IN IM U M -W A G E LAW S.
w ages and w orking conditions suitable fo r such m inors.
W hen
the com m ission h as m ade such a determ ination, it m ay proceed
in the sam e m anner as i f the determ ination had been recom m ended
to the com m ission by a w age board.
S e c . 15. A n y em ployer who discharges or threatens to discharge,
Protection
or in any other w ay discrim inates against an em ployee because
employees.
such em ployee serves upon a w age board, or is active in its fo rm a
tion, or has testified or is about to te stify , or because the em ployer
believes th a t said em ployee m ay testify in any investigation or
proceeding relative to enforcem ent o f this act, shall be deemed
gu ilty o f a m isdem eanor, and upon conviction thereof shall be
punished by a fine o f not less than $ 2 0 0 , nor m ore than $ 1 ,0 0 0
fo r each such m isdem eanor. T he com m ission shall, from tim e to
tim e, in vestigate and report to the proper prosecuting officials
w h ether employers' in each occupation investigated are obeying
its decrees, and m em bers and employees o f the com m ission m a y
cause in form ations to be filed w ith, and prosecutions to be insti
tuted by, the proper prosecuting officials fo r any violation o f any
o f the provisions o f this act.
Violations.
S e c . 16. T h e m inim um w ages fo r women and m inors fixed b y
the com m ission, a s in th is act provided, shall be the m inim um
w ages to be paid to such employees, and the paym ent to such
employees o f a less w age than the m inim um so fixed shall be
u n law fu l, and every em ployer or other person w ho, ind ividually
or as an officer, agent, or employee o f a corporation, or other
person, pays or causes to be paid to any such em ployee a w age
less th an such m inim um , sh all be deemed guilty o f a m isdem eanor,
and upon convictio
thereof shall be punished by a fine o f not
less than $ 1 0 0 , or by im prisonm ent for not less than th irty d ays,
or by both such fine and im prisonm ent.
Presumptions.
S e c . 17. In every prosecution fo r the violation o f any provision
o f this act, the m inim um w age established by the com m ission,
as herein provided, shall be prim a facie presumed to be reasonable
and la w fu l and to be the w age required herein to be paid to w omen
and m inors. T h e findings o f fa ct m ade by the com m ission acting
w ith in its pow ers shall, in the absence o f frau d, be conclusive,
and the determ ination m ade by the com m ission shall be subject
to review only in the m anner hereinbefore prescribed.
standard8 S belQW
S e c . 18. A n em ployee receiving less than the legal m inim um
an
’
w age applicable to such em ployee shall be entitled to recover in
a civil action the unpaid balance o f the fu ll am ount o f such m ini
m u m w age, together w ith costs o f suit, notw ithstanding any agree
m ent to w ork fo r such lesser w age.
Complaints.
S e c . 19. A n y person m ay register w ith the com m ission com plaint
th at the w ages paid to an em ployee for w hom a rate has been
established are less than that rate, and the com m ission shall in
vestigate the m atter and take all proceedings necessary to enforce
the paym ent o f a w age not less than accords w ith such rate.
Reports
of
S e c . 20. T h e com m ission shall, on or before the first day of Janucommission.
ary o f the year nineteen hundred and nineteen, and biennially
thereafter, m ake a succinct report to the governor and the general
assem bly o f its w orks and any proceedings under this act during
the preceding tw o years.
Appropriation.
g EC 21. There is hereby appropriated out o f any m oneys in the
S tate treasury not otherw ise appropriated, the sum o f $3,000 to
carry into effect the provisions of this act and to pay the expenses
and expenditures authorized by or incurred under this act fo r
the years nineteen hundred and seventeen and nineteen hundred
and eighteen. T h e expenditures authorized sh all be payable at
the end o f each m onth, upon certificate m ade by the com m ission
to the auditor o f state, who shall draw his w arran t upon the state
trea su re r; and the auditor o f state is hereby authorized and
directed to draw said w arran ts, as aforesaid, upon receipt o f
certified vouchers o f the chairm an o f said com m ission, attested by
the secretary.
COLORADO.
249
S e c . 2 2 . W h en ever this act or any part thereof is interpreted by
Construction,
any court, it shall be liberally construed by such court.
S e c . 2 3 . I f any part, section, subsection, sentence, clause, or
Provisions sevphrase o f this act is fo r any reason declared unconstitutional, erabie.
such decision sh all not affect the valid ity o f the rem aining por
tions o f this act. T h e general assem bly hereby declares that it
would have passed this act, and each part, section, subsection,
sentence, clause and phrase, irrespective of the fact that any
one or more parts, sections, subsections, clauses, phrases, word
or w ords, be declared unconstitutional.
Approved A pril 20, 1917.
DISTRICT OF COLUMBIA.
A C T S OF U N IT E D
A
S T A T E S C O N G R E S S , 1 9 1 7 -1 8.
N o . 215.— An act to protect the lives and health and morals
of women and minor workers in the District of Columbia , and
to establish a minimum tvage board, and define its powers and
duties, and to provide for the fisting of minimum tvages for such
workers ,. and for other purposes.
ct
S e c t io n 1. W h ere used in this act—
T he term ‘ board ” m eans the M inim um W a g e B oard created by
section t w o ;
T h e term “ com m issioners ’ m eans the Com m issioners o f the
D istrict o f C o lu m b ia;
T h e term “ w om an ” includes only a w om an of eighteen years o f
age or o v e r ;
T h e term “ m inor ” m eans a person o f either sex under the age
o f eighteen y e a r s ;
T h e term “ occupation ” includes a business, industry, trade, or
branch thereof, but shall not include dom estic service.
S e c . 2. T here is hereby created a board to be known as the
“ M inim um W a g e B o ard ,” to be composed o f three m em bers to be
appointed by the com m issioners o f the D istrict o f Colum bia. A s
fa r as practicable, the m em bers shall be so chosen that one w ill be
representative of em ployees, one representative of em ployers, and
one representing the public.
T h e com m issioners shall m ake their first appointm ents here
under w ithin thirty days afte r this act takes effect, and shall des
ignate one of the three m em bers first appointed to hold office until
January first, nineteen hundred and n in eteen ; one to hold office
until January first, nineteen hundred and tw e n ty ; and one to
hold office until January first, nineteen hundred and tw enty-one.
On or before the first day o f January o f each year, beginning
w ith the year nineteen hundred and nineteen, the com m issioners
sh all appoint a m em ber to succeed the m em ber w hose term e x
pires on such first day o f January, and such new appointee shall
hold office for the term o f three years from such first day o f Janu
ary.
E ach m em ber shall hold office until his successor is ap
pointed and has q u a lifie d ; and any vacancy th at m ay occur in the
m em bership o f the board shall be filled by appointm ent by the
com m issioners fo r the unexpired portion of the term .
A m a jo rity o f the m embers shall constitute a quorum to tran s
act business, and the act or decision o f such a m a jo rity shall be
deemed the act or decision o f the b o a r d ; and no vacancy shall
im pair the right of the rem aining m em bers to exercise all the
powers of the board.
S e c . 3. T he first members appointed shall, w ithin tw enty days
after their appointm ent, m eet and organize the board by electing
one o f their num ber as chairm an and by choosing a secretary, who
shall not be a member o f the b o a r d ; and on or before the tenth day
o f January o f each year th ereafter the board shall elect a chairm an
and choose a secretary fo r the ensuing year. T he chairm an and
Definitions.
Board created.
Quorum.
Organization.
Secretary.
250
TEXT OF M IN IM U M -W A G E LAW S.
the secretary shall each hold office until his successor is elected
or ch osen ; but the board m ay at any tim e rem ove the secretary.
T h e secretary shall perform such duties as m ay be prescribed and
receive such salary, not in excess o f $2,500 per annum, as m ay be
fixed by the board. None o f the mem bers shall receive any salary
as such. T h e board shall have pow er to employ agents and such
other assistan ts as m ay be necessary fo r the proper perform ance
o f its d u tie s: Provided, T h a t until furth er authorization by ConExpenses.
gress, the sum w hich it m ay expend, including the salary of the
secretary, shall not exceed the sum o f $5,000.
Hearings.
s e c . 4 . A t any public hearing held by the board any person in
terested in the m atter being investigated m ay appear and testify.
A n y member o f the board shall have pow er to adm inister oaths
and the board m ay require by subpoena the attendance and testiWitnesses.
m o n y 0 f w itnesses, the production o f all books, registers and other
evidence relative to any m atters under investigation, at any such
public h earing or at any session o f any conference held as herein
afte r provided. In case of disobedience to a subpoena the board
m ay invoke the aid o f the Suprem e Court o f the D istrict o f C o
lum bia in requiring the attendance and testim ony o f w itnesses
and the production o f docum entary evidence. In case o f contu
m acy or refu sal to obey a subpoena the court m ay issue an order
requiring appearance before the board, the production o f docu
m entary evidence, and the giving o f evidence touching the m atter
in question, and any failu re to obey such order o f the court m ay
be punished by such court as a contempt thereof.
Rules.
g EC 5
js
authorized and em pow ered to m ake
rules and regulations for the c a r r y in g ‘into effect o f this act, in
cluding rules and regulations fo r the selection o f m em bers o f the
conferences herein after provided for and the m ode o f procedure
Annual reports, thereof.
S e c . 6 . T h e board shall, on or before the first d a y o f January
o f the year nineteen hundred and nineteen, and o f each year there
a fte r, m ake a report to the com m issioners o f its w ork and the
proceedings under this act.
Appropriation.
S e c . 7. T here is hereby authorized to be appropriated, out o f the
revenues o f the D istrict o f Colum bia, for the fiscal year ending
June thirtieth, nineteen hundred and nineteen, the sum o f $5,000,
or so much th ereo f as m ay be necessary, to carry into effect the
provisions o f this act.
investigations.
S e c . 8 . T h e board shall have fu ll power and a u th o r ity : ( 1 ) T o
investigate and ascertain the w ages o f women and m inors in the
different occupations in w hich they are employed in the D istrict
o f C o lu m b ia ; ( 2 ) to exam ine, through any m em ber or authorised
representative, any book, pay roll or other record o f any em ployer
o f w omen or m inors that in any w ay appertains to or has a bearing
upon the question of w ages o f any such w om en or m in o r s ; and ( 3 )
to require from such em ployer fu ll and true statem ents o f the
w ages paid to all w om en and m inors in his em ploym ent.
Register.
E ve ry em ployer shall keep a register o f the nam es o f the women
and m inors em ployed by him in any occupation in the D istrict of
Colum bia, o f the hours worked by each, and of all p aym ents made
to each, w heth er paid by the tim e or by the p iec e; and shall, on
request, perm it any member or authorized representative o f the
board to exam in e such register.
Duty of comrp0 a s s i s t ^he board in carrying out this act the com m issioners
missioners.
shall at all tim es give it any inform ation or statistics in their
possession under the act o f Congress approved F ebruary tw entyfourth , nineteen hundred and fourteen, entitled “ A n act to regu
late the hours of em ploym ent and safeguard the health o f fem ales
employed in the D istrict o f C olum bia.”
(P ub. N o. 60, 63d Con
gress. )
Power of board.
S e c . 9. T h e board is hereby authorized and em pow ered to ascer
tain and declare, in the m anner h ereinafter provided, the follow
ing th in g s : (a) Stan dards o f m inim um w ages fo r w om en in any
occupation w ithin the D istrict o f Colum bia, and w h at w ages are
inadequate to supply the necessary cost o f livin g to any such women
DISTRICT OF COLUMBIA.
251
w orkers to m aintain them in good health and to protect their
m o r a ls ; and ( h ) standards o f m inim um w ages for m inors in any
occupation w ithin the D istrict o f Colum bia, and w hat w ages are
unreasonably low fo r any such m inor w orkers.
S e c . 10. I f, a fte r investigation, the board is of opinion th a t any
conference,
su bstantial num ber o f w om en w orkers in any occupation are
receiving w ages inadequate to supply them w ith the necessary cost
o f livin g and m aintain them in health and protect their m orals, it
m ay call and convene a conference fo r the purpose and w ith the
pow ers o f considering and inquiring into and reporting on the sub
ject investigated by the board and subm itted by it to such con
ference. The conference sh all be composed o f not m ore than three
representatives o f the em ployers in such occupation, o f an equal
num ber o f representatives o f the em ployees in such occupation,
o f not more than three disinterested persons representing the
public, and o f one or more m em bers o f the board. T he board shall
nam e and appoint all the mem bers o f the conference and designate
the chairm an thereof.
T w o-th ird s o f the m em bers o f the con
ference sh all constitute a quorum , and the decision or recom m en
dation or report o f the conference on any subject subm itted shall
require a vote o f not less than a m a jo rity of all its m em bers.
T h e board shall present to the conference all the inform ation
and evidence in its possession or control relating to the subject o f
the inquiry by the conference, and shall cause to be brought before
the conference any w itnesses w hose testim ony the board deems
m aterial.
S e c . 1 1 . A fte r com pleting its consideration o f and inquiry into
Report of conthe su bject subm itted to it by the board, the conference shall m ake ference.
and tran sm it to the board a report containing its findings and rec
om m endations on such subject, including recom m endations as to
standards o f m inim um w ages fo r w omen w orkers in the occupa
tion under inquiry and as to w h at w ages are inadequate to sup
p ly the necessary cost o f livin g to w om en w orkers in such occupa
tion and to m aintain them in health and to protect their m orals.
In its recom m endations on a question o f w ages the conference
Piece rates.
( 1 ) shall, w here it appears that any substantial num ber o f women
w orkers in the occupation under inquiry are being paid by piece
rates as distinguished from tim e rate, recommend m inim um piece
rates as w ell as m inim um tim e rate and recommend such m ini
m um piece rates as w ill, in its ju d gm en t, be adequate to supply
the necessary cost o f living to w om en w orkers in such occupation
o f average ordinary ab ility and to m ain tain them in health and
protect their m o r a ls ; and ( 2 ) shall, when it appeal's proper or
Learners,
necessary, recommend suitable m inim um w ages fo r learners and
apprentices in such occupation and the m axim u m length o f tim e
any w om an w orker m ay be kept at such w ages as a learner or ap
prentice, w hich w ages shall be less than the regular m inim um
w ages recommended fo r the regular w omen w orkers in such occu
pation.
S e c . 1 2. Upon receipt o f any report from any conference, the
Action on recboard shall consider and review the recom m endations, and m ay ommendations.
approve or disapprove any or all o f such recom m endations, and
m ay resubm it to the sam e conference, or a new conference, any
su bject covered by any recom m endations so disapproved.
I f the board approves any recom m endations contained in any
report from an y conference, it shall publish a notice, once a week,
fo r four successive weeks in a new spaper o f general circulation
printed in the D istrict o f Colum bia, th at it w ill, on a date and at
a place nam ed in the notice, hold a public hearing at w hich all
persons in fa v o r o f or opposed to such recom m endations w ill be
heard.
A fte r such hearing the board m a y , in its discretion, m ake and
render such an order as m ay be proper or necessary to adopt such
recom m endations and carry them into effect, requiring all em
ployers in the occupation affected thereby to observe and com ply
w ith such order.
Such order shall become effective six ty days
TEXT OF M IN IM U M -W A G E LAW S.
252
after it is made. A fte r such order becomes effective, and w hile
it is effective, it sh all be u n law fu l fo r any em ployer to violate or
disregard any o f its term s or provisions, or to em ploy any w om an
w orker in any occupation covered by such order a t low7er w ages
than are authorized or perm itted therein.
T h e board shall, as fa r as is practicable, m ail a copy o f such
order to every employer affected th e r e b y ; and every em ployer
affected by any such order shall keep a copy thereof posted in a
conspicuous place in each room in h is establishm ent in which
wom en w orkers are employed.
Su b stan d ard
workers.
Sec. 13. For any occupation in which only a minimum timerate wage has been established, the board may issue to a woman
Avhose earning capacity has been impaired by age or otherwise, a
special license authorizing her employment at such wage less than
such minimum time-rate wage as shall be fixed by the board and
stated in the license.
Sec. 14. T h e board m ay at any tim e inquire into w ages o f
m inors employed in any occupation in the D istrict o f Colum bia,
and determ ine suitable w ages for them. W h e n the board has
m ade such determ ination it m ay m ake such an order as m ay be
proper or necessary to carry such determ ination into effect. Such
order shall become effective six ty d ay s after it is m a d e ; and
afte r such order becom es effective and w hile i t is effective it
sh all be u n law fu l for any em ployer in such occupation to employ
a m inor at less w ages than are specified or required in or by such
order.
Branches of ocS e c . 15. A n y conference m ay m ake a separate inquiry into and
cupations.
report on any branch o f any occupation, and the board m ay m ake
a separate order affecting any branch o f any occupation.
Compliance
S e c . 16 . T h e board shall from tim e to tim e investigate and aswith orders.
certain w hether or not em ployers in the D istric t o f Colum bia are
observing and com plying w ith its orders, and shall report to the
corporation counsel o f th e D istrict o f Colum bia all violations o f
this act.
A p p e a l s to
S e c . 17. A ll questions o f fa ct arising under the foregoing procourts.
visions o f this act shall, except as otherw ise herein provided, be
determined by the board, and there shall be no appeal from the
decision o f the board on any such question of f a c t ; but there
sh all be a righ t o f apeal from the board to the Supreme Court of
the D istrict o f Colum bia from any ruling or holding on a ques
tion o f la w included or embodied in any decision or order o f the
b o a r d : and, on the sam e question o f law , from such court to
the Court o f A ppeals o f the D istrict o f C olum bia.
In all such
appeals the corporation counsel shall appear fo r and represent the
board.
S e c . 18. W h oe ve r violates this act, w hether an em ployer or his
Violations.
agent, or the director, officer, or agent o f any corporation, shall be
deemed guilty o f a m isd e m ea n o r; and, upon conviction thereof,
sh a ll be punished by a fine o f not less than $25 nor m ore than
$ 1 0 0 , or by im prisonm ent not less than ten d ays nor m ore than
three m onths, or by both such fine and im prisonm ent,
har inff
S ec‘
A n y emPloy er an(^ llis agent, or the director, officer, or
etc./employees? agent o f any corporation, who discharges or in any other m anner
discrim in ates again st any employee because such em ployee h as
served or is about to serve on any conference, or has testified or
is about to testify, or because such em ployer believes that said
em ployee m ay serve on any conference or m ay te stify in any in
vestigation or proceedings under or relative to this act, shall be
deemed gu ilty o f a m isdem eanor, and, upon conviction thereof,
What are vio- shall be punished by a fine o f not less than $ 2 5 nor m ore than $ 1 0 0 .
lations.
g EC< 2 0 . A n y act w hich, if done or om itted to be done by any
agent or officer or director acting for such em ployer, w ould consti
tute a violation o f this act, shall also be held to be a violation by
the em ployer and subject such em ployer to the liab ility provided
fo r by this act.
Minora.
DISTRICT OF COLUMBIA.
253
S e c . 21. P rosecutions fo r violations o f this act shall be on in forProsecutions,
m ation filed in the police court o f the D istrict o f C olum bia by the
corporation counsel.
S e c . 2 2 . I f any w om an w orker is paid by her em ployer less than
R e c o v e r y of
the m inim um w age to w hich she is entitled under or by virtue wa^es*
o f an order o f the board, she m ay recover in a civil action the fu ll
am ount o f such m inim um w age, less any am ount actually paid to
her by the em ployer, together w ith such reasonable attorn ey’s fees
as m ay be allow ed by the c o u r t; and any agreem ent for her to
w ork fo r less than such m inim um w age shall be no defense to
such action.
S e c . 2 3 . T h is act shall be known as the “ D istrict o f Colum bia
Title, etc., of
m in im um -w age la w .” T h e purposes o f the act are to protect the actw om en and m inors o f the D istrict from conditions detrim ental
to their h ealth and m orals, resulting from w ages w hich are inade
quate to m aintain decent standards o f l i v in g ; and the act in each
o f its provisions and in its entirety shall be interpreted to effec
tuate these purposes.
Approved September 19, 1918.
KANSAS.
A C T S O F 1915.
C hapter 2 7 5 . — An act to establish an industrial welfare commis
sion for ivomen, learners and apprentices, and minor s , p r escribing
its poivers and duties and providing for the filing of wages , hours,
and the standard conditions of labor for such w orkers: providing
penalties for the violation of the same.
Section 1 . T h e State o f K a n sa s exercising herew ith its police
Basis of Jaw.
and sovereign power declares that inadequate w ages, long con
tinued hours and unsanitary conditions o f labor, exercise a per
nicious effect on the health and w elfa re o f women, learners and
apprentices, and m inors.
S e c . 2 . It shall be u n law fu l to em ploy women, learners, and
What empioyapprentices and minors in any industry or occupation w ithin t h e ment unlawful.
State o f K a n sa s under conditions o f labor detrim ental to their
health or w elfare and it shall be u n law fu l to employ women,
learners, and apprentices and m inors in any industry w ithin the
State o f K a n sa s at w ages w hich are not adequate for their m ain
tenance and fo r m ore hours in any one day than is consonant
w ith their health and w elfare, except as h ereinafter provided.
S e c . 3. There is hereby created a com m ission to be known as C o m m i s s i o n
the In du strial W e lfa r e Com m ission fo r the State o f K a n sa s to created,
establish such standard o f w ages, hours, and conditions of labor
for women, learners and apprentices, and m inors employed w ithin
this S tate as shall be held hereunder to be reasonable and not
detrim ental to health and w elfare.
T h is com m ission shall con
sist o f the com m issioner o f labor and tw o others appointed by
the governor, no tw o o f w hom shall be from any one congressional
district.
A t least one m em ber o f th is com m ission shall be a
w om an. T h e first appointm ent sh all be m ade w ithin six ty days
afte r th e passage o f this act. One m em ber shall be appointed to
serve until January 1, 1917, a second to serve u ntil January 1 ,
1918.
T h e re a fte r each mem ber shall be appointed fo r a term
o f fou r years and until his successor is appointed and qualifies.
T h e governor shall have the pow er o f rem oval for cause. A n y
vacancy that m ay occur shall be filled in like m anner for the
unexpired portion o f the term . T h e com m ission shall have pow er
to elect its own chairm an, a secretary, and such other em ployees
as it m ay require. T w o m em bers o f the com m ission shall con
stitute a quorum at all regular m e e tin g s : Provided , T h a t no per
son shall be appointed on such com m ission, w ho is related by
blood or m arriage to the com m issioner o f labor, or to any S tate
officer, or to an y mem ber o f any other S tate board or ^com m ission.
A n d no person shall be appointed to any place or position on said
254
TEXT OF M IN IM U M -W A G E LA W S.
com m ission or be em ployed by such com m ission in an y w ay, who
is related by blood or m arriage to any mem ber thereof, or to any
o f its chief officers or heads o f departm ents.
S ec. 4. E ach m em ber o f the com m ission shall be paid all travel
Expenses.
ing and other necessary expenses incurred in the perform ance of
his or her official duties, but shall serve w ithout salary.
The
com m ission m ay incur other necessary expenses not exceeding
the appropriation therefor and shall be provided w ith an office
in the statehouse.
Powers and du
S ec. 5. T h e com m ission m ay at its discretion investigate w ages,
ties.
hours and sanitary and other conditions affecting women, learners
and apprentices and m inors in any industry or occupation in the
State. Upon the request o f not less than tw enty-five persons en
gaged in an y occupation in w hich w om en, learners and ap
prentices and m inors are em ployed, it shall become the duty of
the com m ission to m ake such investigation as is herein provided.
T o th is end, said com m ission shall have fu ll pow er and authority
to call fo r statem ents and to exam ine, either through its members
or other authorized representatives, all p ay rolls or other w age
records o f all persons, firms or corporations em ploying women,
learners and apprentices and m inors as to any m atter that w ould
have a bearing upon the question o f w ages, hours, or labor condi
tions o f such employees.
Sec. 6. E very em ployer of w omen or o f learners and appren
Registers.
tices, or o f m inors shall keep a register o f all such persons em
ployed by him in such form as the com m ission shall prescribe,
and every such em ployer sh all on request perm it the com m is
sion, or any o f its members, or agents to inspect such register.
S ec. 7. T h e com m ission m ay hold public hearings at such tim es
Hearings.
and places as it deem s fit and proper fo r the purpose o f investi
gating any m a tters it is authorized to investigate by this act. A t
an y such public hearings, any employee, or em ployer or other
interested person m a y appear and give testim ony as to w ages,
hours, sanitation and other pertinent conditions o f the occupation
or industry under investigation. T h e com m ission or any member
thereof shall have pow er to subpoena w itnesses, to adm inister
oaths, to com pel the production o f all w age records, papers, and
other evidence, and to m ake findings and report such findings to
the co m m issio n ; bu t no order shall be made by less than a m a
jo r ity o f the com m ission.
W itn e sses subpoenaed by the com m is
sion m ay be allow ed such com pensation for trav el and attend
ance as the com m ission m a y deem reasonable, to an am ount not
exceeding the u sual m ileage and per diem allow ed by statute to
w itnesses in civil cases in the district court.
S ec. 8 . I f after investigation the com m ission is o f the opinion
Boards.
that in any occupation the w ages, hours and conditions, san i
ta ry and otherw ise, are p reju dicial to the health or w elfa re o f
any substantial number o f the classes o f em ployees nam ed in this
act and are inadequate to supply the necessary cost o f living
and to m ain tain the w orker in health it shall establish a wage,
hour, or sanitary board as the conditions developed m ay dem and,
w hich sh all herein after be described as the “ board ” consisting
o f not less than three representatives o f em ployers in the occu
pation in question, o f an equal number o f persons to represent
the em ployees in the occupation in question, and of one or more
disinterested persons appointed by the com m ission to represent the
public, and shall m ake rules and regulations governing the selec
tion o f mem bers and the modes o f procedure o f the board, and
shall exercise exclusive ju risdiction over all questions arisin g
w ith reference to the validity o f the procedure and o f the deter
m inations o f th e board. T h e m em bers o f the board shall be com
pensated at the sam e rate as ju rors in civil cases in the district
court, and they shall be allow ed the necessary trav elin g and
clerical expenses incurred in the perform ance o f their duties.
S ec. 9. T h e com m ission m ay tr a n sm it' to each board all per
Duty of boards.
tin ent in form ation in its possession relative to the w ages, hours,
KANSAS.
255w
end san itary conditions o f the occupation in question. E ach board
shall endeavor to determ ine the m inim um w age, w hether by tim e
rate or piece rate, required in the case o f a w om an w orker o f
ord in ary ability in the occupation in question to supply the neces
sary cost o f living and the number o f hours and other sanitary
conditions necessary to m ain tain her health, and suitable m ini
m um w ages, hours, and san itary conditions for learners and
apprentices, and m in o r s : Provided, however, T h a t such board m ay
recom m end different m inim a hours and standards fo r each class
in an occupation o f different localities in the State, w hen, in the
ju d gm en t o f said board, the different conditions obtaining ju stify
Report,
such action.
W h e n a m a jo rity o f the m em bers o f a board
sh all agree upon m inim um w age, standard o f hours, or sanitary
determ ination s, they sh all report such determ inations to the
com m ission, together w ith the reasons therefor and the facts
relating thereto.
Sec. 10. Upon receipt o f the report of the determ inations o f C o m m i s s i o n
a board, the com m ission shall consider and review the s a m e ; t0 review report,
and it m ay approve any or all o f such determ inations or disap
prove any or all o f t h e m ; and it m ay resubm it to the sam e board,
or a new board, an y subject covered by any determ ination so dis
approved.
I f the com m ission approves an y determ ination con
tained in a report from a board, it shall publish a notice, not less
than once a week for fou r successive w eeks in the official State
paper, that it w ill on a date and at a place nam ed in said notice,
hold a public m eeting at w hich all persons in fa v o r o f or opposed
to said recom m endations w ill be given a h e a r in g ; and, afte r said
publication o f said notice and said m eeting, the com m ission m ay,
in its discretion, m ake and render such an order as m ay be proper
or n ecessary to adopt such determ ination s and carry the sam e into
effect, and require all em ployers in the occupation affected thereby
to observe and comply w ith such determ ination s and said order.
Said order shall become effective in six ty days a fter it is m ade
Orders,
and rendered and shall be in fu ll force and effect on and a fter
the 60th day follow in g its m aking and rendition. T h e com m ission
shall, in so fa r as it is practicable, m ail a copy o f any such order
to every em ployer affected th e r e b y ; and every em ployer affected
by any such order shall keep a copy thereof posted in a con
spicuous place in each room in his establishm ent.
S e c . 11. W h en ever w ages, hours, or conditions o f labor have ti(^ eeonsidera'
been m ade m andatory in any occupation, upon petition of either lon*
em ployers or em ployees, the com m ission m ay at its discretion
reopen the question and reconvene the form er board or call a
new one, and any determ inations m ade by such board shall be
dealt w ith in the sam e m anner as w ere the original determ ina
tions.
S e c , 12. F o r any occupation in w hich only a m inim um tim e x J ^ 8e c 1 a 1 ll_
w age has been established, the com m ission m ay issue to an em
ployee ph ysically defective or crippled, or o f less than ordinary
ability, or learners, apprentices, and m inors a special license au
thorizing the em ploym ent o f such person at a w age and fo r a
number o f hours less than that fixed by said com m ission to be
stated in said license.
S e c . 13. T h e w ord “ occupation ” as used in this act shall be
ns*
so construed as to include any and every vocation and pur
suit and trade and industry.
T h e w ords “ learners ” and “ ap
prentices ” shall include only such learners and apprentices as
are m inors or are women.
A n y board m a y m ake a separate
inquiry into and report on any branch o f any o c cu p a tio n ; and
the com m ission m ay m ake a separate order affecting any branch
o f any occupation.
A “ m inor ” sh all m ean a person, m ale or
fem a le, under 18 years o f age.
A “ w om an ” shall m ean any
fem ale 18 years o f age and over.
A n y board m ay include in
its determ inations definitions o f “ learner ” and “ apprentice ”
and the com m ission shall have pow er to m ake such rules and
regulations and to issue such orders relating to the sam e as it
deems necessary to m ake effective the object o f th is act.
TEXT ©F M IN IM U M -W A G E LAW S.
256
Appeals
courts.
Violations.
> S ec . 14. A n y em ployer or em ployee or other person w ho shall
be interested therein, who shall be dissatisfied w ith any order,
ruling, or holding o f the com m ission m ay, w ithin th irty days
from the m akin g thereof, commence an action in the district
court o f Shawruee County or in the district court in the county
in w hich the person so com plaining shall reside or have his
principal place o f business against the ind ustrial w elfare com
m ission, as defendant, to vacate and set aside such order, ruling,
or holding on the ground that the sam e is unauthorized by law ,
confiscatory, or unreasonable, and in any such action all de
term inations o f questions o f fact w hich shall have been m ade
by the com m ission under the foregoing provisions o f this act
sh all be presum ed to be correct and the burden o f p roof shall
be upon the p la in tiff to show the incorrectness o f such deter
m inations.
In all such actions, the attorney general shall ap
pear fo r and represent such com m ission. A ll such actions shall
have preference in an y court and on m otion sh all be advanced
over any civil cause o f a different nature pending in such
court and such actions shall be tried and determ ined a s other
civil actions.
A pp eal from any decision o f the district court
m a y be taken from the district court to the suprem e court
in the sam e m anner as provided by law in other civil actions
and shall have precedence in the suprem e court over civil cases
o f a different nature.
D u rin g the pendency o f any such action
the orders, rulings, and holdings com plained o f shall, unless
tem porarily stayed or enjoined by the court, rem ain in fu ll
force and effect until final judgm ent.
Service o f sum m ons on
any m em ber o f the board shall be sufficient service on the board.
Sec. 15. A violation of any provision of this act shall con
stitute a misdemeanor, and anyone convicted thereof shall be
punished by a fine of not less than twenty-five ($25) dollars,
nor more than one hundred ($100) dollars for each such mis
demeanor.
S ec . 16. A n y em ployer w ho discharges, or in any other m an
D i s c h a rging,
etc., employees. ner discrim inates against any employee because such em ployee
Penalties.
Damages.
Enforcement.
has signed or agreed to sign any request to the com m ission to'
investigate w ages, hours, or san itary, or other labor conditions,
or has testified or is about to te stify, or because such em ployer
believes th at said employee m ay te stify in any investigation or
proceedings or sign any request relative to the enforcem ent o f
th is act, shall be deemed guilty o f a m isdem eanor and upon con
viction thereof, shall be punished by a fine o f not less than tw en tyfive ($ 2 5 ) dollars nor m ore than one hundred ($ 1 0 0 ) dollars fo r
each such m isdem eanor.
S e c . 17. A n y em ployer who em ploys an y w om an, or m inor,
learner, or apprentice in an y occupation at less than the m ini
mum w age or fo r a greater num ber o f hours in a d ay or w eek
fixed, or under san itary or other conditions forbidden b y order
or license issued by the com m ission, shall be deemed gu ilty o f a
m isdem eanor and upon conviction thereof, shall be punished by
a fine o f not less than tw enty-five ($ 2 5 ) d ollars nor m ore than
on* hundred ($ 1 0 0 ) dollars for each such m isdem eanor.
Any
woman or m inor or learner or apprentice w ho shall receive less
than the m inim um w age or shall be compelled to w ork fo r a
greater num ber o f hours than that fixed by order or license
issued by the com m ission, shall be entitled to recover in a civil
action the fu ll am ount o f the legal m inim um w age, and com
pensation at the sam e rate fo r the number o f hours o f overtim e
w ork as herein provided for, together w ith costs and attorney’s
fees to be fixed by the court, n otw ithstanding an y agreem ent
to w ork fo r such lesser w age or greater num ber o f hours.
In
such action, how ever, the em ployer shall be credited w ith any
w ages w hich have been paid upon account.
S e c . 18. T h e com m ission shall, from tim e to tim e, in vestigate
and ascertain w hether or not em ployers or em ployees in the
S tate o f K a n sa s are observing and com plying w ith its orders
257
KANSAS.
and take such steps as may be necessary to have prosecuted
such employers and employees as are not observing and comply
ing with its orders.
S e c . 19. The commissioner o f labor and the several inspectors
of the bureau of labor shall, at any and all times, give to the commission any information or statistics in their respective offices
that may assist said commission in carrying out this act and
render such assistance to said commission as may not be incon
sistent with the performance of their respective official duties.
S e c . 20. The commission shall biennially make a report to the
governor and legislature of its investigations and proceedings,
and such reports shall be printed and distributed as in the case
of other executive documents.
S e c . 21. This act is to be construed as supplemental to existing
laws regulating the employment of women, learners, and ap
prentices and minors.
Approved March 6, 1915.
Duty of bureau
a
'
Reports,
Act construed,
M ASSACH U SETTS.
G EN E R AL L A W S .
C h a p t e r 251.— Establishment
of minimum wages for women and
minors.
[The functions of the minimum wage commission, created by
chapter 7 0 6 , Acts of 1 9 1 3 , were by an act of 1 9 1 9 (chapter 3 5 0 )
transferred to the department of labor and industries, being
vested specifically in the three associate commissioners of the de
partment, who also constitute the board of conciliation and arbi
tration.]
S e c t io n 1. The board of conciliation and arbitration of the de- Commiesion
partment of labor and industries in performing the duties required to investigate
by this chapter shall be known as the Minimum W age Commission, wa®es*
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 substantial number of such
employees are inadequate to supply the necessary cost of living
and to maintain the worker in health.
S e c . 2. I f after such investigation the commission is of the
wage boards,
opinion that in the occupation in question the wages paid to a
substantial number 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 consisting 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
o f 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 o f either of the other
parties. The commission shall give notice to employers and em- Selection of
ployees in said occupation by publication or otherwise of its de- members,
termination to establish a wage board and o f the number of
representatives of employers and of employees to be chosen there
for, and shall request that said employers and employees, re
spectively, nominate such representatives by furnishing names
to it.
The representatives of employers and employees shall be se- Appointments,
lected 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 fur
nished as are required. I f less than this number o f names are
furnished for representatives, either of employers or of em
ployees, at least one-half the names so furnished shall be selected,
and the remaining places necessary may be filled by the com37559°— 21------- 17
258
TEXT OF M im SITI51-W A G E LAW S.
mission by appointments made directly from employers, including
-officers of corporations, associations, and partnerships, or from
employees in the occupation, as the case may be. The ^commis:«ion shall designate as chairman one of the representatives of the
•public, and shall make rules and regulations governing the selec
tion of members and the modes of procedure of the wage boards,
and shall exercise exclusive jurisdiction over a ll questions arising
with reference to the validity of the procedure and of the deter
minations 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
Filling vacan-.G 0inm i SSj 0ri m&y fill vacancies ^arising in a duly constituted wage
cies‘
board by appointing a sufficient number of suitable persons to com
plete the representation of the employers, employees, or public,
as the case may be.
boardsieS °f Wa^
^EC*
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 ques
tion, or for any or all of the branches thereof, and also suitable
minimum wages for learners and apprentices and fo r minors
tender eighteen. W hen a m ajority 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,
j
Review of reS e c . 4 . Upon receipt of a report from a wage board, the commission shall review th e same, and may approve or disapprove
Public hearing, any or ail of th e determinations recommended, or m ay recommit
the subject to the same wage ’board or to a new one. I f the com
mission approves any or all of the determinations of the wage
hoard it shall, after not less than fourteen days’ notice to em
ployers paying a wage less than the minimum wage approved,
give a public hearing to such employers, and if, after such public
Decree.
hearing, the commission finally approves the determination, it
shall enter a decree of its findings and note thereon the names o f
employers, so fa r as they may be known to it, who fa il or refuse
to -accept such minimum wage and agree to abide by it. The com
m ission shall thereafter publish at such times and in such manner
a s it m ay deem advisable a summary o f 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
Publication ofeng a g e £
^he industry to which any of its recommendations re
n t e s o emp °y*^atej aT1(| m a y .publish the names of employers whom it finds to be
^ ’
following or refusing to follow such recommendations. An em
ployer wlio files a declaration under oath in the supreme judicial
or superior court to the effect that compliance with the recom
mendation of the commission would render it impossible fo r him
to conduct liis business at a reasonable profit shall be entitled to a
review of said recommendation by the court nnder the rules of
Exemption inequity procedure.
The burden of proving the averments o f said
certain cases.
declaration shall be upon the complainant. I f , after such review,
the court finds the averments of the declaration to Tbe sustained,
i t may issue an order restraining the commission from publish
ing th e name of the complainant as one who refuses to comply
with its recommendations. But such review, or any order issued
by the court thereupon, shall not be an adjudication affecting the
commission as to any employer other than the complainant, and
‘Shall in no w ay affect its riglrt to publish the nam es of those
employers who comply with its recommendations. The type in
which the employers’ names shall be printed shall not be smaller
M ASSACH U SETTS.
259
than that in which the news matter of the newspaper is printed.
The publication shall be attested by the signature o f a t least a
majority of the commission.
S e c . 5. Whenever a minimum wage rate has been established in
Revision of de
an y occupation, the commission may, upon petition of either em -€rees*
ployers 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
tK>ard.
S e c . 6 . For any occupation in which a minimum time rate only Special licenses,
has been established, the commission may issue to any woman
physically defective a special license authorizing the employment
o f the license for a wage less than the legal minimum w age:
P rovided, That it is not less than the special minimum wage fixed
for that person.
S e c . 7. The commission may at any time inquire into the wages
Rates for mipaid to minors in any occupation in which the majority o f em- nors*
ployees are minors, and may, after giving public hearings, deter
mine minimum wages suitable therefor. W hen the commission
has made such a determination, it may proceed in the same man
ner as if the determination had been recommended to it by a
wage board.
S e c . 8 . Every employer of women and minors shall keep a
Records,
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 exceed
ing six months, a record of the hours worked by such employees;
and shall, on request of the commission or o f the department o f
labor and industries, permit the commission or any o f 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 o f employers as relate to the wages paid to women
and minors, and the hours worked by such employees. Any em
ployer failing to keep a register or records as herein provided,
or refusing to permit their inspection or examination shall be
punished by a fine of not less than five nor more than fifty dollar sr.
The commission may also subpoena witnesses, administer oaths,
and take testimony and require the production o f books and docu
ments. Such witnesses shall be summoned in the same manner
and be paid by the Commonwealth the same fees as witnesses
before the superior court,
S e c . 9, Upon request o f the commission, the department o f labor
statistical inand industries shall cause to be gathered such statistics and other formation,
data as the commission may require, and the cost thereof shall
be paid out o f the appropriation made for the expenses of the com
mission in reference to the minimum wage.
S e c . 10. No employer shall discharge or in any other manner
Discrimination
discriminate against any employee because such employee has against employtestified, or is about to testify, or has served or is about to serve eesupon 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 employee’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 con
ditions of the employee’s employment, in any investigation or pro
ceeding relative to the enforcement o f this chapter. Whoever vio- Penalty,
lates this section shall be punished by a fine o f not less than
two hundred and not more than one thousand dollars.
S e c . 11. The commission shall from time to time determine
I n s p e c tion to
whether employers in each occupation investigated are obeying determine comits decrees, and shall publish in the manner provided in section piianee.
four the name of any employer whom it finds to be violating any
such decree,
TEXT OF M I N I M U M -W A G E L A W S .
260
Newspapers re
Sec. 12. Any newspaper refusing or neglecting to publish the
fusing to publish findings, decrees, or notices of the commission at its regular rates
findings.
for the space taken shall be punished by a fine of not less than
one hundred dollars.
No action for
S e c .. 1 3. No member of the commission and no newspaper pub
damages.
lisher 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 wilful misrepresentation.
P o s t i n g no
S e c ., 1 4. The commission may require employers in any occu
tices.
pation to post notices of its hearings or of nominations for wage
boards, or of decrees that apply to their employees, in such rea
sonable way and for such length of time as it may direct. W ho
ever 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.
Annual report.
S e c . 15. The commissioner of labor and industries shall make an
annual report of the acts of the commission in performing the
duties required by this chapter.
Approved, June 4, 1912.
M IN NESOTA.
ACTS OF 1913.
C h a p t e r 5 4 7 . — An
act to establish a minimum wage commission,
and to provide for the determination and establishment of mini
mum wages for women and minors.
Commission es
S e c t i o n 1. There is hereby established a commission to be known
tablished.
as the Minimum W age Commission. It shall consist of three per
sons, one of whom shall be the commissioner of labor who shall be
the chairman of the commission, the governor shall appoint two
others, one of whom shall be an employer of women, and the
third shall be a woman, who shall act as secretary of the commis
sion. The first appointments shall be made within 60 days after
the passage of this act for a term ending January 1, 1915. Be
ginning with the year 1915 the appointments shall be for two
years from the 1st day of January and until their successors
qualify. Any vacancy that may occur shall be filled in like man
ner for the unexpired portion of the term.
Investigations.
S e c . 2. The commission may at its discretion investigate the
wages paid to women and minors in any occupation in the State.
At the request of not less than 100 persons engaged in any occu
pation in which women and minors are employed, the commission
shall forthwith make such investigation as herein provided.
Records
of
S e c . 3. Every employer of women and minors shall keep a reg
wages and hours. ister of the names and addresses of and wages #aid to all women
and minors employed by him, together with number of hours that
they are employed per day or per w eek; and every such employer
shall on request permit the commission or any of its members or
agents to inspect such register.
P u b l i c hear
S e c . 4. The commission shall specify times to hold public hear
ings.
ings at which employers, employees, or other interested persons
may appear and give testimony as to wages, profits and other
pertinent conditions of the occupation or industry. The commis
sion or any member thereof shall have power to subpoena wit
nesses, to administer oaths, and to compel the production of books,
papers, and other evidence. Witnesses subpoenaed by the commis
sion may be allowed such compensation for travel and attendance
as the commission may deem reasonable, to an amount not ex
ceeding the usual mileage and per diem allowed by our courts^ in
civil cases.
When wage
S e c . 5. I f after investigation of any occupation the commission
be established.
is of opinion that the wages paid to one-sixth or more o f the
women or minors employed therein are less than living wages, the
M IN N E S O T A .
261
commission shall forthwith proceed to establish legal minimum
rates of wages for said occupation, as hereinafter described and
provided.
S e c . 6. The commission shall determine the minimum wages
Action directly
sufficient for living wages for women and minors of ordinary hy commission,
ability, and also the minimum wages sufficient for living wages for
learners and apprentices. The commission shall then issue an
order, to be effective 30 days thereafter, making the wages thus
determined the minimum wages in said occupation throughout the
State, or within any area of the State if differences in the cost of
living warrant this restriction. A copy of said order shall be
mailed, so far as practicable, to each employer affected; and each
such employer shall be required to post such a reasonable number
of copies as the commission may determine in each building or
other work place in which affected workers are employed. The
original order shall be hied with the commissioner of labor.
S e c . 7. The commission may at its discretion establish in any
Advisory board,
occupation an advisory board which shall serve without pay, con
sisting of not less than 3 nor more than 10 persons representing
employers, and an equal number of persons representing the work
ers in said occupation, and of one or more disinterested persons
appointed by the commission to represent the public; but the num
ber of representatives of the public shall not exceed the number
of representatives of either of the other parties. A t least onefifth of the membership of any advisory board shall be composed
of women, and at least one of the representatives of the public
Rules for advishall be a woman. The commission shall make rules and reg u -sory boardlations governing the selection of members and the modes of pro
cedure of the advisory boards, and shall exercise exclusive juris
diction over all questions arising with reference to the validity of
the procedure and determination of said b oards: P ro vid ed , That
the selection of members representing employers and employees
shall be, so far as practicable, through election by employers and
employees respectively.
S e c . 8. Each advisory board shall have the same power as the
Power of advicommission to subpoena witnesses, administer oaths, and com pel80,7 boardthe production of books, papers, and other evidence. Witnesses
subpoenaed by an advisory board shall be allowed the same com
pensation as when subpoenaed by the commission. Each advisory
board shall recommend to the commission an estimate of the mini
mum wages, whether by time rate or by price [piece] rate, suf
ficient for living wages for women and minors of ordinary ability,
and an estimate of the minimum wages sufficient for living wages
for learners and apprentices. A majority of the entire member
ship of an advisory board shall be necessary and sufficient to rec
ommend wage estimates to the commission.
S e c . 9. Upon receipt of such estimates of wages from an adAction by comvisory board, the commission shall review the same, and if it mission,
approves them shall make them the minimum wages in said occu
pation, as provided in section 6. Such wages shall be regarded as
determined by the commission itself and the order of the commis
sion putting them into effect shall have the same force and
authority as though the wages were determined without the assist
ance of an advisory board.
S e c . 10. A ll rates of .wages ordered by the commission shall e Reconsideraremain in force until new rates are determined and establishedtion*
by the commission. A t the request of approximately one-fourth
of the employers or employees in an occupation, the commission
must reconsider the rates already established therein and may, if
it sees fit, order new rates of minimum wages for said occupation.
The commission may likewise reconsider old rates and order nev7
minimum rates on its own initiative.
S e c . 11 . For any occupation in which a minimum-time rate of special licenses,
wages only has been ordered the commission may issue to a
woman physically defective a special license authorizing her em
ployment at a wage less than the general minimum ordered in
262
TEXT OF M IN IM U M -W A G E LAW S.
said occu p ation ; and the com m ission m a y fix a special w age for
such p e r s o n : Provided , T h a t the num ber o f such persons shall
not exceed one-tenth o f the w hole num ber o f w orkers in any
establishm ent.
iessm?hanm mini^ EC*
® very em ployer in an y occupation is hereby prohibited
mum wage. mi
from em ploying any w orker a t less than the living w age or m ini
m um w age as defined in th is act and determ ined in an order of
the com m issio n ; and it sh all be u n law fu l fo r an y em ployer to
em ploy any w orker at less than said livin g or m inim um wage.
Discrimination
S ec . 13. It shall likew ise be u n law fu l fo r any em ployer to disefs!mst employ' charge or in an y m anner discrim inate ag ain st any em ployee be
cause such em ployee has testified, or is about to te stify , or be
cause such em ployer believes th a t said em ployee is about to
te stify , in an y investigation or proceeding relative to the enforce
ment o f th is act.
Right to reg E a ^ 4. A n y w orker w ho receives less than the m inim um w age
cover’
ordered by th e com m ission sh all be entitled to recover in civil
action the fu ll am ount due as m easured by said order o f the
com m ission, together w ith costs and attorney’s fees to be fixed by
the court, n otw ithstan din g an y agreem ent to w ork fo r a lesser
wage.
Enforcement.
g EC> ^5. T h e com m ission sh all enforce the provisions o f this act,
and determ ine a ll questions arising thereunder, except as other
w ise herein provided.
Reports.
g EC ^ 6 . T h e com m ission shall biennially m ake a report o f its
w ork to the governor and the S tate legislatu re, and such reports
sh all be printed and d istributed as in the case o f other executive
docum ents.
Expenses, etc.
g EC -^7 . T h e m em bers o f the com m ission shall be reim bursed for
trav elin g and other necessary expenses incurred in the p erform
ance o f their duties on the com m ission. T h e w om an m em ber shall
receive a sala ry o f $1,800 ann ually for her w ork as secretary. A ll
claim s o f the com m ission fo r expenses necessarily incurred in the
adm inistration o f this act, but not exceeding the annual appropri
ation herein after provided, shall be presented to the S tate auditor
fo r paym ent by w arran t upon the State treasurer.
Appropriation.
g EC4
There is appropriated out o f any m oney in the S tate
treasury not otherw ise appropriated fo r the fiscal year ending July
S I, 1 9 1 4 ,.the sum o f $5,000, and fo r the fiscal y e a r ending July 3 i ,
1915, the sum o f $5,000.
violation.
g EO# 1 9 . ^ n y em ployer violatin g an y o f the provisions o f this
act shall be deemed gu ilty o f a m isdem eanor and upon conviction
thereof sh all be punished fo r each offense by a fine o f not less than
$10 nor m ore than $50 or by im prisonm ent fo r not less than 10 nor
more than 60 days.
Definitions.
g EC< 20. T hroughout this act the follow in g w ords and phrases as
used herein shall be considered to have the follow in g m eanings re
spectively, unless the context clearly indicates a different m eaning
in the connection u s e d :
( 1 ) T h e term s “ livin g w a g e ” or “ livin g w a g e s ” shall mean
w ages sufficient to m ain tain the w orker in health and supply him
w ith the necessary com forts and conditions o f reasonable l i f e ; and
where the w ords “ m inim um w age ” or “ m inim um w ages ” are
used in this act, the sam e sh all be deemed to have the sam e m ean
in g as “ livin g w age ” or “ livin g w ages.”
( 2 ) T h e term “ r a t e ” or “ r a t e s ” shall mean rate or rates o f
w ages.
( 3 ) T h e term “ co m m issio n ” sh all mean the m inim um w age
com m ission.
<4) T h e term “ w om an ” sh all mean a person o f the fem ale sex
18 years o f age o r over.
(5 ) T h e term “ m in o r ” shall mean a m ale person under the
age o f 2 1 years, or a fem ale person under the age o f 18 years.
( 6 ) T h e term s “ learner ” and “ apprentice ” m ay m ean either
a w om an or a m inor.
(7 ) T h e term s “ w o r k e r ” or “ e m p lo y e e ” m ay m ean a w om an,
a m inor, a learner, or an apprentice, who is employed fo r wages.
MIN3TES0TA.
263
iS ) T h e term “ occupation ” s h a ll m ean any business, in d u stry,
trade, or branch o f a trade in w hich wom en or m inors are em
p loyed.
•Sec . 21. T h is act -shall ta k e effect and be in force from and a fte r
its passage.
A pproved A p ril 26, 1913.
NEBRASKA.
C O N S T IT U T IO N .
A r t ic l e X I V .
S e c t i o n S.— Mmplopnvent of w&men and children.
L a w s m ay be enacted regulating the hours and conditions o f em
p loym ent o f w om en and children, and securing to such employees
a proper m inim um w age.
A d o p te d Septem ber 21, 1920.
NORTH BAKO TA.
■Chapter 174.— An act to protect the lives and health and morals
of women and minor ivorkers, and to establish maximum hours
and minimum wages therefor; authorizing and empowering the
workm en’s compensation bureau to fix such maximum hours and
minimum wages and standard conditions of labor for such work
e r s ; providing penalties for violation of this act; making an ap
propriation therefor and repealing all acts or parte of acts in con
flict with the provisions of this act.
Definitions.
S e c tto 'n 1. W h e n used in this act the term “ bureau ” m eans th e
w o rk m e n s com pensation bureau.
T h e te rm “ com m issioner ” m eans a m em ber of the worTimen’s
com pensation bureau.
Th e term ■“ m inor ” m eans a person o f either sex under the age
o f eighteen years.
T he te rm “ w omen ” includes only w om en eighteen years o f age
or over.
Th e term “ occupation ■” includes a business, industry, trade or
branch thereof, but shall not include agricultural or domestic
service.
Sec. 2. T he said bu reau is hereby authorized and empowered to Powers of bu
reau.
ascertain and declare, in the m anner h erein after provided, the
follow in g th in g s :
Hours.
(а) Standards o f hours o f em ploym ent fo r wom en or m inors
and w h at are unreasonably long hours fo r w om en or fo r m inors
in any occupation w ithin the S ta te o f N orth D a kota.
Sanitary, etc.,
( б ) S tan d a rd s o f conditions o f labor fo r w om en or fo r m inors
conditions.
in any occupation w ithin the State and w h at surroundings or con
ditions, san itary or otherw ise, are detrim ental to the health or
m orals o f w om en or o f m inors in any such occupation^
Wages.
(c ) S tan dards of m inim um w ages for w om en in an y occupation
in the S tate and wThat w ages are inadequate to supply the neces
sary cost o f living to any such w om en w orkers and to m aintain
them in good h e a lth ;
Same.
( $ ) Standard o f m inim um w ages fo r m inors in any occupation
w ithin the S tate o f N orth D a k o ta and w hat w ages are unreason
ably low f o r any such m inor w orkers ;
Rules, etc.
( e ) T o prepare, adopt, and prom ulgate rules and regulations
fo r the carrying into effect o f the foregoing provisions of this act,
including rules and regulations fo r the selection o f m em bers and
the mode o f procedure o f co n fe re n ce s;
Assistance.
( f ) T o employ any and all necessary help and assistance for
the purpose o f carryin g out th e provisions o f this act and to fix
their compensation and bonds, p rovid ing th a t the total am ount of
264
TEXT OF M IN IM U M -W A G E LAW S.
such com pensation shall not exceed the am ount appropriated
therefor by the legislative a sse m b ly ;
investigations.
(ff) T o investigate and ascertain the w ages and the hours o f
labor and the conditions o f labor o f w omen and m inors in differ
ent occupations in w hich they are em ployed in the S tate o f N orth
D a k o ta ;
inspection of
( h ) E ith er through any authorized representative or any comrecords.
m issioner, to inspect and exam ine any and all books and pay rolls
and other records o f any em ployer o f w om en or m inors that in
any w a y appertain to or have a bearing upon the questions o f
labor or hours o f labor or conditions o f labor o f any such w om en
w orkers or m inor w orkers in any o f such o ccu p ation s;
Re port s from
rp0 re q Ui re f r 0m any such em ployer fu ll and true statem ents
emp oyers.
of
w ages p aid to and the hours o f labor and conditions o f labor,
o f all w om en and m inors in such em ploym ent.
Unlawful acts.
g EC< 3
u n law fu l to em ploy wom en or m inors in any
occupation w ith in the S tate fo r unreasonably long h o u r s ; and it
sh all be u n law fu l to em ploy wom en or m inors in any occupation
w ith in the S tate under such surroundings or conditions, sanitary
or otherw ise, as m ay be detrim ental to their health, or m o r a ls ; and
it shall be u n law fu l to em ploy w omen in any occupation w ithin the
S tate fo r w ages w hich are inadequate to supply the necessary cost
o f living and to m ain tain them in h e a lth ; and it shall be u n law fu l
to em ploy m inors in any occupation w ithin the S tate fo r unreason
ably low w ages.
Registers.
g EC 4 E v e ry em ployer o f w om en or m inors shall keep a register
o f the nam es o f all w om en and all m inors employed by him , and
shall, on request, perm it any com m issioner or any authorized rep.
resentative o f said bureau to inspect and exam ine such register.
ings^etcf8'
"
^ Ec* ^ Said bureau m a y hold m eetings fo r the transaction o f any
’
'
o f its business at such tim es and places a s it m a y p re scr ib e ; and
said bureau m a y hold public hearings at such tim es and places as
it deems fit and proper fo r the purpose o f in vestigatin g any o f the
m atters it is authorized to in vestigate by this act. A t any such
public hearin g any person interested in the m a tter being investi
gated m a y appear and te stify. Said bureau or any com m issioner
sh all h ave pow er to subpoena and compel the attendance o f any
w itness at an y such public h earing or at any session o f any con
ference called and held as h erein after p ro v id e d ; and any com
m ission er sh all have pow er to adm inister an oath to any w itness
w ho testifies at any such public hearing or a t any such session o f
an y conference. A ll w itnesses subpoenaed b y said bureau shall be
paid the sam e m ileage and per diem as are allow ed by la w to w it
nesses in civil cases before the district court.
Conferences.
S e c . 6. I f, a fte r investigation, said bureau is o f the opinion that
an y su bstan tial num ber o f w om en w orkers in any occupation are
w ork in g fo r unreasonably long hours or are w orking under sur
rou n din gs or conditions detrim ental to their health or m orals or
are receiving inadequate w ages to supply them w ith the necessary
cost o f liv in g and m ain tain them in health, said bureau m ay call
an d convene a conference fo r the purpose and w ith the pow ers o f
considering and inquiring into and reporting on the subject investi
gated by said bureau and subm itted by it to such conference. Such
conference shall be composed of not more than three representa
tiv e s o f the em ployers in said occupation and o f an equal num ber
o f the representatives o f the em ployees in said occupation and o f
n ot more than three disinterested persons representing the public
and o f one or more com m issioners. Said bureau shall nam e and
appoint all m em bers o f such conference and designate the chair
m an thereof.
Said bureau sh all present to such conference all
in form ation and evidence in the possession or under the control
o f said bureau w hich relates to the subject o f the inquiry o f such
co n fe re n ce ; and said bureau shall cause to be brought before such
conference any w itness w hose testim ony said bureau deems
m a terial to the subject of the inquiry o f such conference. A fte r
com pleting its consideration o f any inquiry into the subject sub-
NORTH DAKOTA.
265
m itted to it by said bureau, such conference shall m ake and tran s
m it to said bureau a report containing the findings and recom
m endations of such conference on said subject.
Accordingly as Recommendathe subject subm itted to it m ay require, such conference shall, in tions.
its report, m ake recom m endations on any or all o f the follow in g
questions concerning the particular occupation under inquiry, to
w it:
(a) Stan dards o f hours o f em ploym ent fo r w omen w orkers and
w h at are unreasonably long hours of em ploym ent for women
w ork ers;
(b) Stan dards o f conditions o f labor fo r w om en w orkers and
w hat surroundings or conditions, san itary or otherw ise, are detri
m ental to the health or m orals of w omen w o r k e r s ;
(c ) Standards o f m inim um w ages for w om en w orkers and w hat
w ages are inadequate to supply the necessary cost o f living to
w omen w orkers and m aintain them in health.
In its recom m endation on a question of w ages such conference
sh all, w here it appears th a t any substantial number o f women
w orkers in the occupation under inquiry are being paid by piece
rates as distinguished from tim e rate, recommend m inim um piece
rates as w ell as m inim um tim e rate and recommend such m inim um
piece rates as w ill in its judgm ent be adequate to supply the neces
sary cost of livin g to w omen w orkers o f average ordinary ab ility
and m aintain them in health. T w o-th ird s o f the m em bers o f any
such conference shall constitute a q u o ru m ; and the decision or
recom m endation or report o f such tw o-thirds on any subject sub
m itted $hall be deemed the decision or recom m endation or report
o f such conference.
S e c . 7. Upon receipt of any report from any conference said
Action of bubureau sh all consider and review the recom m endation contained reauin said re p o rt; and said bureau m a y approve any or all o f said
recom m endations or disapprove any or all o f said recom m enda
tions ; and said bureau m ay resubm it to the sam e conference or a
new conference any subject covered by any recom m endations so dis
approved.
I f said bureau approves an y recom m endations con
tain ed in any report from any conference, said bureau shall pub
lish notice, not less than once a w eek fo r four successive w eeks in
not less than tw o newspapers o f general circulation published in
the State, th at it w ill on a date and at a place nam ed in said notice
hold a public m eeting at w hich all persons in favo r o f or opposed
to said recom m endations w ill be given a h e a r in g ; and, after said
p ublication o f said notice and said meeting, said bureau m ay, in
0rders*
its discretion, m ake and render such an order as m ay be proper or
necessary to adopt such recom m endations and carry the sam e into
effect and require all em ployers in the occupation affected thereby
to observe and com ply w ith such recom m endations and said order.
Said order shall become effective in six ty days a fte r it is m ade and
rendered and shall be in fu ll force and effect on and a fte r the
sixtieth d ay follow in g its m aking and rendition. A ft e r said order
becomes effective and w h ile it is effective, it shall be u n law fu l fo r
any em ployer to violate or disregard any o f the term s or provisions
o f said order or to em ploy an y w om an worker in any occupation
covered by said order fo r longer hours or under different sur
roundings or conditions or at a low er w age than are authorized
or perm itted by said order. Said bureau shall, as fa r as is prac
ticable, m ail a copy o f such order to every em ployer affected there
by ; and every em ployer affected by any such order shall keep a
copy thereof posted in a conspicuous place in each room in his estab
lishm ent in w hich w om en w orkers w ork. N o such order o f said
bureau shall authorize or perm it the em ploym ent o f any w om en for
more hours per day or per w eek than the m axim um now fixed by
law .
S e c . 8 . S aid bureau m a y at any tim e inquire into w ages or hours
P o w e r as to
or conditions o f labor o f m inors em ployed in any occupation in this minors- '
S tate and determ ine suitable w ages and hours and conditions o f
labor fo r such m inors. W h e n said bureau has m ade such determ i
nation, it m ay issue an obligatory order in the m anner herein before
266
TEXT OF M IN IM U M -W A G E LAW S.
.provided ; and, a fte r such order is effective, it sh all be unlaw ful fo r
a n y em ployer in sa id occupation to em ploy a m inor at less w ages
•or fo r m ore hours or tinder different conditions o f labor than are
specified or required in o r by said o r d e r ; but no such order of said
bureau sh all authorize or perm it the em ploym ent o f any m inor
fo r m ore hours per d a y o r per w eek than the m a xim u m now fixed
by law or at an y tim es or under an y conditions now prohibited by
law .
Enforcement.
S e c . 9 , Said bureau sh a ll, from tim e to tim e, investigate and
ascertain w hether or not em ployers in the S tate are observing and
com plying w ith its orders and ta k e such steps a s m ay be necessary
to have prosecuted su ch em ployers as are not observing o r com ply
in g w ith its orders.
Appeals.
S e c . 10. A ll questions o f fa c t arisin g under the foregoing p ro
visions o f th is act sh all, except a s otherw ise herein provided, be de
term ined by said bureau, and there shall be no appeal from the
decision o f said bureau on any such question o f fact.; but there
sh all be a right o f appeal from said bureau to the D istric t Court
o f B u rleigh C oun ty, from any ru ling or holding on a question of
law included in or em bodied in a n y d ecision or order o f said bureau,
and, o n the sam e question o f law , from said district court to the
suprem e court o f th e S ta te. In all such appeals the attorney gen
era l sh a ll ‘appear fo r and represent said bureau.
Special licenses.
S e c . 11. F or any occupation in w hich the m inim um w age has
been established the bureau m ay issue to a fe m a le physically de
fective by a g e or oth erw ise or to a n apprentice or learner in such
occupations a s u su a lly require learners or apprentices, a special
license authorizing the em ploym ent o f any such licensee .at a w age
less than th e m inim um w age to be fixed by the bureau, such license
to be issued under su ch ru les and regulations a s the bureau m ay
estab lish therefor.
Limit on hours.
12. N oth ing in th is act s h a ll authorize or em pow er the bu
reau to in crease th e hours o f labor fo r w om en or in any m anner
im pair or affect th e provisions o f an act entitled “ F o r an act
regulating and fixin g the hours o f labor fo r fem a les and provid
in g penalties fo r the violation th ereof,” adopted a t the sixteenth
legislative session o f th is State.
violations.
S e c . IS. A n y person w ho violates any o f the foreg oin g p rovisions
^ o f th is act sh all 'be deem ed guilty o f a m isdem eanor, and upon
conviction thereof s h a ll be punished by a fine o f not loss than
tw en ty-five ($ 2 5 .0 0 ) d ollars nor m ore th a n one hundred ($1 0 0 ,0 0 )
dollars or b y im prisonm ent in th e county ja il t o r not less than
ten d a y s nor m ore than three m on th s or by both such, tine and
im prisonm ent in the discretion o f th e court.
o f ^ S S s ^ '’
-Sec. 14. A n y em ployer w ho discharges or in a n y other m anner
discrim inates again st a n y em ployee because such em ployee has
testified, or is ab out to te stify , or because such em ployer believes
th a t s a id em ployee m ay te s tify , in an y investigation or proceed
ings under or re la tiv e t o th is act, shall be deemed gu ilty o f a m is
dem eanor, and upon conviction th ereof s h a ll be punished by a fine
o f n ot less th a n tw enty-five ($ 2 5 .0 0 ) d o lla rs nor m ore th a n one
hundred ( $ 1 0 0 .0 0 ) d ollars.
R e c o v e r y of
S e c . 15. I f any w om an w orker Khali be paid by her'em p loyer less
balances.
than the m inim um w age to w hich she is entitled under or by virtue
o f an order o f said bureau, she m ay recover in a cavil action the
fu ll am ount o f her said m inim u m w age less an y am ount actually
p a id her by said em ployer, together w ith such a tto rn e y ’s fees as
m a y be allow ed b y the c o u r t; and a n y agreem ent f o r her to w ork
fo r less than such m inim um w age shall be no d efense to such
action.
Reports.
sec.
S a id bu reau shall, o n or before the first day o f N o vem
ber o f the year 1920 and o f each second ye a r th ereafter, m ake -a
succinct report to the governor and legislature o f its w ork and
th e proceedings under th is act during the preceding tw o years.
Appropriation.
8 e c . 17. T h e re is hereby appropriated out o f the m oneys in th e
S tate trea su ry , not otherw ise approprlated, th e sum o f s ix thou-
NORTH DAKOTA.
267
sand dollars per annum , or so much thereof as m ay be necessary
per ann um , to carry into effect the provisions o f this act and to
pay the expenses and expenditures authorized by or incurred under
this act.
A pproved M arch 6 , 1919.
OHIO.
C O N S T I T U T I O N — A M E N D M E N T O F 1912.
A r t ic l e I I .— Labor legislation.
S e c tio n 34. L a w s m ay be passed fixing and regulating the hours
wage and safeo f labor, establishing a m inim um w age, and providing fo r t h e ty lawscom fort, health, safety, and general w elfare o f all e m p lo y e e s; and
no other provision o f the constitution shall im p air or lim it this
power.
OREGON.
ACTS
O F 1913.
C h a p t e r 6 2 .— An act to protect the lives and health and morals o f
women and minor workers , and to establish an industrial welfare
commission arid define its powers and duties, and to provide for
the flying o f minimum wages and maximum hours and standard
conditions o f labor for such workers, and to provide penalties
for violation o f this act.
W h erea s, the w elfare o f the S tate o f Oregon requires that w omen
and m inors should be protected from conditions o f labor w hich
have a pernicious effect on their h ealth and m orals, and in
adequate w ages and unduly long hou rs and u nsanitary condi
tions o f labor have such a pernicious e ffe c t; therefore, be it en
acted *
* *:
S e c t i o n 1. I t sh all be u n law fu l to em ploy w om en or m inors
Certain hours,
in an y occupation w ithin the State o f Oregon for unreasonably ™ "es unlawful
lon g h o u r s ; and it shall be u n law fu l to em ploy w om en or m inors
in any occupation w ithin the S tate o f Oregon under such sur
roundings or conditions— san itary o r otherw ise— a s m ay be detri
m ental to their health or m o r a ls ; and it sh all be u n law fu l to em
p loy w om en in any occupation w ithin the State o f Oregon fo r
w ages which are inadequate to supply the necessary cost o f living
and to m aintain them in health ; and it shall be u n law fu l to employ
m inors in any occupation w ithin the S tate o f Oregon for unreason
a b ly low w ages.
S e c . 2. T here is hereby created a com m ission composed o f three
Commissi on
com m issioners, which shall be know n as the “ In du strial W e lfa r e established.
C om m ission ” ; and the w ord “ com m ission ” as hereinafter used
refers to and m eans said “ industrial w elfare com m ission ” ; and
the w ord “ com m issioner ” as h erein after used refers to and m eans
a m em ber o f said “ industrial w elfare com m ission.” Said com m is
sion ers shall be appointed by the governor. T h e governor sh all
m ake his first appointm ents hereunder w ith in 30 d ay s a fte r this
b ill becomes a l a w ; and o f the three com m issioners first appointed,
one sh all hold office until January 1, 1914, and another shall hold
office until January 1 , 1915, and the third shall hold office until
Jan u ary 1 , 1 9 1 6 ; and the governor sh all designate the term s o f
each o f said three first appointees. On or before the 1st day o f
Janu ary of each year, beginning w ith the year 1914, the governor
sh all appoint a com m issioner to succeed the com m issioner w hose
term expires on said 1st day o f J a n u a r y ; and such new appointee
sh all hold office for the term o f three years from said 1 st day o f
Jan u ary. E ach com m issioner shall hold office until his successor
is appointed and has q u a lifie d ; and an y vacancy th a t m ay occur
in the m em bership o f said com m ission shall be filled by appoint*
268
TEXT OF M IN IM U M -W A G E LAW S.
ment by the governor for the unexpired portion of the term in
which such vacancy occurs. A majority of said commissioners
shall constitute a quorum to transact business, and the act or de
cision of such a majority shall be deemed the act or decision of
said commission; and no vacancy shall impair the right of the re
maining commissioners to exercise all the powers of said commis
sion. The governor shall, so far as practicable, so select and ap
point said commissioners— both the original appointments and all
subsequent appointments— that at all times one of said commis
sioners shall represent the interests of the employing class and
one of said commissioners shall represent the interests of the em
ployed class and the third of said commissioners shall be one who
will be fair and impartial between employers and employees and
wrork for the best interests of the public as a whole.
Organization.
S e c . 3. The first commissioners appointed under this act shall,
within 20 days after their appointment, meet and organize said
commission by electing one of their number as chairman thereof
and by choosing a secretary of said commission; and by or before
the 10th day of January of each year, beginning with the year
1914, said commissioners shall elect a chairman and choose a
secretary for the ensuing year. Each such chairman and each
such secretary shall hold his or her position until his or her
successor is elected or chosen; but said commission may at any
time remove any secretary chosen hereunder. Said secretary
shall not be a commissioner; and said secretary shall perform
said duties as may be prescribed and receive such salary as may
be fixed by such commission. None of said commissioners shall
Expenses.
receive any salary as such. A ll authorized and necessary ex
penses of said commission and all authorized and necessary ex
penditures incurred by said commission shall be audited and paid
as other State expenses and expenditures are audited and paid.
Powers of com
S e c . 4. Said commission is hereby authorized and empowered to
mission.
ascertain and declare, in the manner hereinafter provided, the
following things: (a) Standards of hours of employment for
women or for minors and what are unreasonably long hours for
women or for minors in any occupation within the State of Ore
g on ; (&) standards of conditions of labor for women or for
minors in any occupation within the State of Oregon and what
surroundings or conditions— sanitary or otherwise— are detri
mental to the health or morals of women or of minors in any
such occupation; (c) standards of minimum wages for women in
any occupation within the State of Oregon and what wages are
inadequate to supply the necessary cost of living to any such
women workers and to maintain them in good h ealth ; and ( d )
standards of minimum wages for minors in any occupation within
the State of Oregon and what wages are unreasonably low for any
such minor workers.
Investigations.
S e c . 5. Said commission shall have full power and authority to
investigate and ascertain the wages and the hours of labor and
the conditions of labor of women and minors in the different occu
pations in which they are employed in the State of Oregon; and
said commission shall have full power, and authority, either
through any authorized representative or any commissioner to
inspect and examine any and all books and pay rolls and other
records of any employer of women or minors that in any way
appertain to or have a bearing upon the questions of wages or
hours of labor or conditions of labor of any such women workers
or minor workers in any of said occupations and to require from
any such employer full and true statements of the wages paid to
and the hours of labor of and the conditions of labor of all women
and minors in his employment.
Em ployers to
S e c . 6 . Every employer of women or minors shall keep a register
keep registers.
of the names of all women and all minors employed by him, and
shall, on request, permit any commissioner or any authorized
representative of said commission to inspect and examine such
register. The word “ minor,” as used in this act, refers to and
OREGON.
269
means any person of either sex under the age of 18 years; and
the word “ women,” as used in this act, refers to and means a
female person of or over the age of 18 years.
S e c . 7. Said commission may hold meetings for the transaction
Hearings,
of any of its business at such times and places as it may pre
scribe; and said commission may hold public hearings at such
times and places as it deems fit and proper for the purpose of
investigating any of the matters it is authorized to investigate by
this act. A t any such public hearing any person interested in the
matter being investigated may appear and testify. Said commis
sion shall have power to subpoena and compel the attendance of
any witness at any such public hearing or at any session of any
conference called and held as hereinafter provided; and any com
missioner shall have power to administer an oath to any witness
who testifies at any such public hearing or at any such session
of any conference. All witnesses subpoenaed by said commission
shall be paid the same mileage and per diem as are allowed by
•law to witnesses in civil cases before the circuit court of Mult
nomah County.
S e c . 8. If, after investigation, said commission is of opinion that
Conference or
any substantial number of women workers in any occupation are wage oar ’
working for unreasonably long hours or are working under sur
roundings or conditions detrimental to their health or morals or
are receiving wages inadequate to supply them with the necessary
cost of living and maintain them in health, said commission may
call and convene a conference for the purpose and with the powers
of considering and inquiring into and reporting on the subject
investigated by said commission and submitted by it to such con
ference.
Such conference shall be composed of not more than
three representatives of the employers in said occupation and of
an equal number of the represenatives of the employees in said
occupation and of not more than three disinterested persons rep
resenting the public and of one or more commissioners.
Said
commission shall name and appoint all the members of such con
ference and designate the chairman thereof.
Said commission
shall present to such conference all information and evidence in
the possession or under the control of said commission which
relates to the subject of the inquiry by such conference; and
said commission shall cause to be brought before such conference
any w itn e s s e s whose testimony said c o m m is s io n deems m a te r ia l
to the subject of the inquiry by such conference. After completing Duties of con
its consideration of and inquiry into the subject submitted J;o i t ferenceby said commission, such conference shall make and transmit to
said commission a report containing the findings and recommenda
tions of such conference on said subject. Accordingly as the sub
ject submitted to it may require, such conference shall, in its re
port, make recommendations on any or all of the following ques
tions concerning the particular occupation under inquiry, to w it :
(a ) Standards of hours of employment for women workers and
what are unreasonably long hours of employment for women
w orkers; ( 1)) standards of conditions of labor for women workers
and what surroundings or conditions— sanitary or otherwise— are
detrimental to the health or morals of women workers; (c) stand
ards of minimum wages for women workers and what wages are
inadequate to supply the necessary cost of living to women
workers and maintain them in health. In its recommendations
on a question of wages such conference shall, where it appears
that any substantial number of women workers in the occupation
under inquiry are being paid by piece rates as distinguished from
time rate recommend minimum piece rates as well as minimum
time rate and recommend such minimum piece rates as will in its
judgment be adequate to supply the necessary cost of living to
women workers of average ordinary ability and maintain them
in health; and in its recommendations on a question of wages
such conference shall, when it appears proper or necessary, recom
mend suitable minimum wages for learners and apprentices and
the maximum length of time any woman worker may be kept at
270
TEXT OF M IM M U M -W A G E LAW S.
such wages as a learner or apprentice, which said wages shall
foe less tkan the regular minimum wages recommended for the
regular women workers in the occupation under inquiry. Twothirds o f the members of any such conference shall constitute a
quorum:; and the decision or recommendation or report of such
a two-thirds on any subject submitted shall be deemed the deci
sion or recommendations or report o f such conference.
Review of recS e c . 9 (as amended by ch. 35, Acts o f 1915). Upon receipt o f
ommendations.
report from any conference -said commission shall consider
and review the recommendations contained in said report .; and
.said commission m ay approve any or all o f said recommendations
or disapprove any or all of said recommendations; and said com
mission m ay resubmit to the same conference or a new conference
any subject covered by any recommendations so disapproved. I f
said commission approves any recommendations contained in any
report from any conference, said commission shall publish notice,
not less than once a week for four successive weeks in not less
than two newspapers of general circulation published in Multno
mah County, that it will on a date and at a place named in said
notice hold a public meeting at which all persons in favor o f or
opposed to said recommendations will be given a bearing; and
after said publication o f said notice and said meeting, said com
mission may, in its discretion, make and render such an order as
may he proper or necessary to adopt such recommendations and
carry the same into effect and require all employers in the occu
pation affected thereby to observe and comply with such recom
mendations and said order. Said order shall become e#ective in
■GO days after it is made and rendered and shall be in fu ll force
•and effect on and after the sixtieth day following its making and
rendition. After said order becomes effective and while it is e f
fective, it shall be unlawful for any employer to violate or dis
regard any of the terms or provisions of said order or to employ
any woman worker In any occupation covered by said order for
longer hours or under different surroundings or conditions or at
lower w a g e s than are authorized or p e r m itte d by s a id o r d e r . S a id
commission shall, as far a s is practicable, mail a copy of any
such order to every employer affected thereby; and every employer
affected by any such order shall k e e p a copy thereof posted in a
conspicuous place in each room in his establishment in w h ic h
women workers work. No such order o f said commission shall
authorize o r permit the employment o f any woman for more hours
per day or per week than the maximum now fixed by la w : ProOvertime.
mcled, however, That in case o f emergencies which may arise in
the conduct of any industry or occupation overtime may be per
mitted under conditions and rules wThich the commission, after in
vestigation, shall determine and prescribe by order and which
shall apply equally to all employers in such industry or occupation.
Special licenses.
S e c . 1 0. For any occupation in which only a minimum time rate
wage has been established, said commission may issue to a woman
physically defective or crippled by age or otherwise a special
license authorizing her employment at such wage less than said
minimum time rate wage as shall be fixed by said commission and
stated in said license.
Minimum
S e c . 11. Said commission may at any time inquire into wages or
wages, etc., forftotlrs or conditions of labor o f minors employed in any occupation
mmors.
tliis State and determine suitable wages and hours and condi
tions of labor for such minors. When said commission has made
such determination, it may issue an obligatory order in the man
ner provided for in section 9 of this act, and after such order is
effective, it shall be unlawful for any employer in said occupation to
employ a minor at less wages or for more hours or under different
conditions of labor than are specified or required in or by said
o rder; but no such order of said commission shall authorize or
permit the employment of any minor for more hours per day or
per week than the maximum now fixed by law or at any times or
under any conditions now prohibited by law.
OKEQOJT.
271
S ec. 12. The word “ occupation ” as used in this act shall be so
Orders for sepconstrued a s to include any and every vocation und pursuit and o£ai o c a i S ati° ns
trade and industry. Any conference may make a separate inquiry
into and report on any branch o f any occupation; and said com
mission may make a separate order affecting any branch of any
occupation. Any conference may make different recommendations
and said commission may make different orders for the same occu
pation in different localities in the State when, in the judgment
of such conference or said commission, different conditions in
different localities justify such different recommendations or d if
ferent orders.
S ec. 13. Said commission shall, from time to time, investigate w~ °™ §Jrga nc e
■and ascertain whether or not employers in the State o f Oregon are
observing and complying with its orders and take such steps as
m ay -be necessary to have prosecuted such employers as are not
•observing or complying with its orders.
/S e c . 1 4 . The “ commissioner o f labor statistics .and inspector of
Assistance by
factories and workshops” and the several officers o*f the “ board
°
of inspection of child labor ” shall, at any and all times, give to
>said commission any information or statistics in their respective
offices that would assist said commission in carrying out this act
render such assistance to said commission as may not be
inconsistent with the performance of their respective official duties.
S ec. 15. Said commission is hereby authorized and empowered Rul
f° a f n"
to prepare and adopt and promulgate rules and regulations for
™ence?.n °r
the carrying into effect of the foregoing provisions of this act,
including rules and regulations for the selection of members and
the mode of procedure of conferences.
Sec. 16. All questions of fact arising under the foregoing provi- Court review*
sions of this act shall, except as otherwise herein provided, be
determined by said commission, and there shall be no appeal from
the decision of said commission on any such question of fact, but
there shall be a right of appeal from said commission to the Cir
cuit Court of the State of Oregon for Multnomah "County from
any ruling or holding on a question of law included in or embodied
in any decision or order of said commission, and, on the same
question of law, from said circuit court to the Supreme Court of
the State of Oregon. In all such appeals the attorney general
Shall appear for and represent said commission.
S ec. IT. Any person who violates any of the foregoing provisions Penalty for vio<of this act Shall be deemed guilty of a misdemeanor, and upon con0
*
viction thereof shall be punished by a fine of not less than $25 nor
more than $100 or by imprisonment in the county jail for not less
than 10 days nor more than 3 months or by both such fine and
imprisonment in the discretion of the court.
Discrimination
Sec. IS. Any employer who discharges or in any other manner
discriminates against any employee because such employee has tes- against emPi°ytified, or fs albout to testify, or because such employer believes that ees*
said employee may testify, in any investigation or proceedings
under or relative to this act, shall be deemed guilty o f a misde
meanor, and upon conviction thereof shall be punshed by a fine
o f not less than $25 nor more than $100.
S e c . 19. I f any woman worker shall be paid by her employer less
Right of recovthan the minimum ivage to which she is entitled tinder or by virtue ery*
of an order of said commission, she may recover in a civil action
the full amount of her said minimum wage less any amount actu
ally paid to her by said employer, together with such attorneys’
fees as may be allowed by the court and any agreement for Tier
to work for less than such minimum wage shall be no defense to
such action.
Sec. 20. Said commission shall, on or before the 1st day of 3amt- Report,
ary of the year 1915 and of each second year thereafter, make a
succinct report to the governor and legislature of its work and the
proceedings under this act during the preceding two years.
S e c . '21. 'There is hereby -appropriated out of the general fund of
the State of Oregon the sum of $3,500 per annum, er so much
Appropriation,
TEXT
272
or
M IN IM U M -W A G E LAW S.
thereof as may be necessary per annum, to carry into effect the
provisions of this act and to pay the expenses and expenditures
authorized by or incurred under this act.
Filed in the office of secretary of state February 17, 1913.
PORTO RICO.
A
Rates fixed.
Violations.
Enforcement.
ct
N o . 45.—
Establishing minimum loages for working women,
and for other purposes.
S e c t io n 1. It shall be unlawful for any employer of women,
girls inclusive, in industrial occupations, or commercial, or publicservice undertakings in Porto Rico, to pay them wages lower than
those specified in this section, to w i t :
Women under 18 years of age at the rate of four (4 ) dollars a
week, and over said age at the rate of six (6 ) dollars a week. The
first three wpeks of apprenticeship shall be exempt from the pro
visions of this section. The provisions of this act shall not be ap
plicable to agriculture and agricultural industries.
S e c . 2. Any employer paying any woman, girls included, wages
lower than those specified in section 1 shall be guilty of mis
demeanor, and upon conviction shall be punished by fine not to
exceed fifty (50) dollars nor less than five (5 ) dollars.
S e c . 3 . The bureau of labor shall be intrusted with the enforce
ment o f this act.
Approve^, June 9, 1919.
TEXAS.
ACTS OF 1919.
C h a p t e r 160.— An
act regulating the employment of women and
minors and establishing an industrial welfare commission to in
vestigate and deal with such employment, including the fixing
of a minimum wage; providing for an appropriation therefor ,
and fixing penalties for violating this act.
Commisi
established.
S e c t io n 1. There is hereby established a commission to be known
as the Industrial W elfare Commission, hereinafter called the
commission. Said commission shall be composed of three persons
as follow s: The head of the bureau of labor statistics, who shall
be chairman of the commission, the representative of employers
of labor on the industrial accident board, and the State sup
erintendent of public instruction. Two members of the commis
sion shall constitute a quorum, the concurrence of two members
shall be necessary to determine any question that may arise for
decision, and a vacancy on the commission shall not impair the
right of the remaining members to perform all the duties and ex
ercise all the powers and authority of the commission.
Secretary, etc.
S e c . 2. The commission may employ a secretary and two (2 )
investigators to carry out the purpose of this act* and shall fix
the compensation of such employees, not to exceed the sum of
$1,800 per annum for each one, and all necessary traveling ex
penses, within the appropriation made therefor.
Sec. 3. (a) It shall be the duty of the commission to ascertain
Duty of
mission.
the wages paid, the hours and conditions of labor and employment
in the various occupations, trades, and industries in which women
and minors are employed in the State of. Texas, and to make in
vestigations into the comfort, health, safety, and welfare o f such
women and minors.
Duty of
(&) It shall be the duty of every person, firm, and corporation
ployers.
employing labor in this State—
1.
To furnish to the commission, at its request, any and all re
ports or information which the commission may require pertain
ing to the working conditions and wages paid women and minors
to carry out the purpose of this a c t; such reports and information
1
TEXAS.
'2 7 3
to be verified by the oath of the person, or a member of the firm,
or the president, secretary, or manager of the corporation furnish
ing the same, if and when requested by the commission or any
member thereof.
2. To allow any member of the commission, or its secretary, or
any of its duly authorized employees, free access to the place of
business or employment of such person, firm, or corporation, for
the purpose of making an investigation authorized by this act,
relating to the working conditions and wages of women and
minors.
3. To keep a register of the names, ages, and residence ad
dresses of all women and minors employed.
(c) For the purpose of this act a minor is defined to be a per- Minors,
son of either sex under the age of fifteen years.
Sec. 4. The commission may specify times to hold public hear- Hearings,
ings, at which time employers, employees, or other interested per
sons may appear and give testimony as to the matter under con
sideration. The commission or any member thereof, or the sec
retary or any investigator employed by said commission, shall
have power to subpoena witnesses and to administer oaths. All
witnesses subpoenaed by the commission shall be paid the fee
and mileage fixed by law in civil cases. In case of failure on the
part of any person to comply with any order of the commission or
any member thereof or any subpoena, or upon the refusal of any
witness to testify to any matter regarding which he may lawfully
be interrogated before any wage board or the commission, it shall
be the duty of any district court or the judge thereof, to whom ap
plication is made, on the application of a member of the commis
sion, to compel obedience in the same manner, by contempt pro
ceedings or otherwise, that such obedience would be compelled in
a proceeding pending before said court. The commission shall
have power to make and enforce reasonable and proper rules of
practice and procedure and shall not be bound by technical rules
of evidence.
Sec. 5. [ ( a ) ] The commission shall have further power, after P o w e r to fix
a public hearing before any member of the commission, or before ’wases*
any investigator employed by said commission, and upon its own
motion or upon petition, to fix—
1. A minimum wage to be paid to women and minors engaged
in any occupation, trade, or industry in this State, which shall not
be less than a wage adequate to supply such women and minors
the necessary cost of proper living and to maintain the health and
welfare of such women and minors.
2. The standard conditions of labor demanded by the health and
welfare of the women and minors engaged in any occupation,
trade, or industry in this State.
(b) Upon the fixing of a time and place for the holding of a
hearing for the purpose of considering and acting upon any mat
ters referred to in subsection (a) hereof, the commission shall
give public notice by advertisement in at least one newspaper pub
lished in the county where the hearing is to be held, and by mail
ing a copy of said notice to the county clerk of such county where
the hearing is to be held, and to the individual, firm, or corpora
tion to be investigated, which notice shall state the time and place
of such hearing to be held, which shall not be earlier than ten
days from the date of publishing and mailing such notice.
(c) After such public hearing the commission may, in its dis- Orders,
cretion, make a mandatory order to be effective in sixty days
from the making of such order, specifying the minimum wage for
women and minors in the occupation in question and the standard
conditions of labor for said women and m inors: Pi'ovided, how
ever, That no such order shall become effective until November
1st, 1919.
Such order shall be published in at least one newspaper in the
cities of Dallas, Houston, San Antonio, Ft. Worth, El Paso, and
37559°— 21------- 18
274
TEXT OE M IN IM U M -W A G E LAW S.
A u stin , and a copy th ereof m ailed to the county clerk o f each
county in the State, an d such copy sh all be recorded w ithout
charge, and copies shall be m ailed to each em ployer in the occu
pation in question, and each em ployer in the occupation in ques
tion shall be required to post a copy o f such order in a con
spicuous place in th e build in g in w hich th e wom en or m inors
affected by the order are em ployed. F ailu re o f the em ployer to
receive such notice shall not relieve the em ployer fro m the duty
to com ply w ith such order. F in d in g by the com m ission that there
h as been such publication and m ailin g to the county clerk shall
be conclusive to the service.
Review.
S e c . 6. W h en e ve r w ages o r conditions o f labor have been so
m ade m an datory in a n y occupation, trade, or in d u stry, the com
m ission m a y at an y tim e in its discretion upon its own m otion
or upon petition o f either em ployers o r em ployees, afte r a public
h earing held upon th e notice prescribed fo r an original hearing,
rescind, alter, or am end any prior order. A n y order rescinding
a prior order sh all h ave the sam e effects as herein provided fo r
in an original order.
Special licenses.
S e c . 7. F o r a n y occupation in w hich a m inim um w age has been
established, th e com m ission m a y issue to any person subject to
this act, a special license au th orizing the em ploym ent o f such
person fo r a period o f six m onths fo r a w age less than such legal
m inim um w a g e ; and th e com m ission shall fix a special m inim um
w age fo r such p e r s o n : Provided, T h a t a t no tim e sh all the special
licenses exceed ten par cent o f th e total num ber o f em ployees in
said industry. A n y such license m a y be renewed fo r a like period
■ o f six m onths.
Investigations.
S e c . S. U pon the request o f the com m ission, the lab o r com m is
sioner sh all cause such statistics and other d ata and in form a
tion to be gathered and investigation m ade, as the com m ission m ay
require pertain in g to th e w ages and. w ork ing conditions o f w om en
and m inors.
Di schargi ng,
S e c . 9. A n y em ployer w ho discharges, or th reaten s to discharge,
etc., employee^. or ^ any other m anner discrim inates a g a in st any em ployee because
such em ployee h as testified o r is about to te stify , or because such
em ployer believes th at said em ployee m a y te stify in a n y investiga
tion or proceedings relative to the enforcem ent o f this act, shall be
deemed gu ilty o f a m isdem eanor, and shall upon conviction be
punished b y a fine o f not less th a n ten { $ 1 0 ) d ollars nor m ore
than one hundred { $ 1 0 0 ) d ollars, o r b y im prisonm ent in the
county ja il o f not m ore th a n th irty d ays, o r by both such fine and
im prisonm ent.
Failure to pay
S e c . 10. T h e m inim um w age fo r w om en and manors fixed by
wages.
gaid com m ission, as in th is act provided, shall be the m inim um
wage paid to such employees, and the payment' to such employees
o f a less w age than the m inim um w age so fixed sh all be u n law fu l,
and every em ployer o r other person who, either ind ividually or
as an officer, agen t, or em ployee o f a corporation o r other person,
p ays or causes to be paid to an y such em ployee a w age less than
such m inim um shall be deemed gu ilty o f a m isdem eanor 1 and upon
conviction th ereof sh all be punished by a fine o f not less than
ten ($ 1 0 ) d ollars n o r m ore than one hundred ( $ 1 0 0 ) dollars, or
b y im prisonm ent o f not m ore th a n th irty d ay s in the county ja il,
or by both such fine and im prisonm ent.
Evidence.
S e c . 11. In every prosecution fo r the violation o f a n y provision
o f this act the m inim um w age established by the com m ission as
herein provided, sh all be prim a faeie presum ed to be reasonable
and la w fu l, and to be the living w age required herein to be paid
w om en and m inors. T h e finding o f fa cts m ade b y the com m is
sion actin g w ith in its pow ers shall, in the absence o f frau d , be
con clu sive; an d the determ ination s m ade by the com m ission shall
be subject to review only in a m anner and upon the grounds
courts.P 6
fo llo w in g : W ith in th irty days from the date o f determ ination, any
p arty aggrieved thereby m a y commence action in the district court
in and fo r the county in w hich the aggrieved p a rty resides, or in
275
TEXAS.
th e district court o f T ra v is County, again st the com m ission fo r
review o f such determ ination. In such action a com plaint w hich
sh all sta te th e grounds upon w hich a review is sought shall be
served w ith the sum m ons.
Service upon the secretary o f the com
m ission or upon any m em ber o f th e com m ission sh all be deemed
a complete service. T h e com m ission shall file its answ er within,
tw en ty days a fte r the service o f the com plaint. W it h its answ er,
the com m ission sh all m ake a return to* the court o f all docum ents
and papers on file in the m atter, and o f all testim ony and evidence
w h ich m ay h ave been taken before it and o f its findings and de
term ination s in the m atter.
T h e action m ay thereupon be
brought on fo r h earing before the court upon such record by
either p arty on ten d ay s’ notice to the other. Upon such hearing
th e court m ay confirm or set aside such determ ination, but the
sam e sh all be set aside only upon the follow in g g r o u n d s:
( 1 ) T h a t the com m ission acted w ithout or in excess o f its
pow ers, or on insufficient grounds.
( 2 ) T h a t the determ ination w as procured by fra u d .
Upon the setting aside o f any determ ination the court m a y re
com m it the controversy and rem and the record in the case to the
com m ission fo r fu rth er proceedings. T h e com m ission or any p arty
aggrieved, by a decree entered upon the review o f a determ ination,
m a y appeal therefrom w ithin the tim e and in the m anner provided
f o r an appeal from the orders o f the said district court.
Sec. 12. A n y em ployee receiving less than the m inim um w age R e c o v e r y of
applicable to such em ployee shall be entitled to recover in a civil balances*
action the unpaid balance o f the fu ll am ount o f such m inim um
w age, together w ith costs o f suit, and an additional am ount fo r
atto rn eys’ fees, n otw ithstanding any agreem ent to w ork fo r such
lesser w age.
Sec. 13. Any person or persons for whom the commission may
have established a living wage may register a complaint with the
commission that the wages paid to him or them are less than that
rate, and the commission shall thereupon investigate the matter
and take all proceedings necessary to enforce the payment of such
established wage.
Sec. 14. The commission shall biennially make a report to the
governor and the State legislature of its investigations and pro
ceedings.
Commission to
Reports,
S e c . 15. T h ere is hereby appropriated out o f the m oneys o f the
S tate treasury, n o t otherw ise appropriated, th e sum o f five thou
sa n d ($ 5 ,0 0 0 ) d ollars, or so m uch thereof as m a y be necessary, to
be u sed by the com m ission in carryin g out the provisions of this
act to A u gu st 3 1 ,1 9 1 9 , and the com ptroller is hereby directed from
tim e to tim e to d raw w arran ts upon presen tation o f properly
item ized, verified, and approved vouchers on the general fund in
fa v o r o f the com m ission fo r the am oun ts expended under its di
rection, and th e treasu rer is hereby authorized and directed to
p ay th e sam e.
Appropriation.
Sec. 16. The commission shall not act as a board of arbitration
during a strike or lockout.
Sec. 17. (a) W h en e v e r th is act, or an y p art o r section thereo f
Arbitration,
Construction of
is interpreted by a court, it s h a ll be liberally construed by such act*
court.
• (&) I f any section or subsection or subdivision o f th is act is
fo r an y reason held to be unconstitutional, such decision sh a ll not
affect th e v a lid ity o f th e rem ain ing portion s o f th is act.
The
legislatu re hereby declares th at it w ould have passed th is act, and
each section, subsection, subdivision, sentence, clause, and phrase
th e r e o f; irrespective o f th e fa c t th at a n y one or m ore sections,
subsections, subdivisions, sentences, or clau ses or p hrases is de
clared unconstitutional.
Sec. 18. The provisions of this act shall apply to and include
women and minors employed in any occupation, trade, or industry
and whose compensation for labor is measured by time, piece, or
otherwise, except those engaged as domestic servants, nurses, stu
dent nurses, farm or ranch labor, and students in schools and col-
Se°Pe*
276
TEXT OF M IN IM U M -W A G E LAW S.
leges w hile actu ally attending such schools and colleges during
th eir session or in vacation and who are w orking their w ay
through such school or college, either in w hole or in part.
Approved A p ril 3, 1919.
UTAH.
ACTS
OF
1913.
6 3 . —A n a ct to establish a m inim um w age for fem ale
w o rk ers providin g a p en a lty for vio latio n of th e provisions of
th is act, and providin g fo r its enforcem ent.
C hapter
U n l a w f u l to
S e c t io n 1. I t shall be u n law fu l fo r any regular em ployer o f
p a y l e s s than f e m a i e w orkers in the State o f U tah to pay an y w om an (fe m a le )
sc e*
less than the w age in th is section specified, to w i t :
Minimum
F or m inors, under the age o f 18 years, not less than 75 cents per
wage scale.
(j a y . f or a(j uit learners and apprentices not less than 90 cents
per d a y : P ro vid ed , T h a t the learning period or apprenticeship
sh all not extend fo r m ore than one y e a r ; for adults w ho are expe
rienced in the w ork they are em ployed to’ p erform , not less than
$1.25 per day.
Certificate
of
g EC 2. A ll regular em ployers o f fem ale w orkers sh all give a cerapprenticesmp.
tificate o f apprenticeship fo r tim e served to all apprentices.
P e n a l t y for
S e c . 3 . A n y regular em ployer o f fem ale w orkers w ho sh all p ay
violations.
to any w om an (fe m a le ) less than the w age specified in section 1
o f this act shall be guilty o f a m isdem eanor.
Enforcement.
S e c . 4. T h e com m issioner o f im m igration, labor and statistics
[pow ers tran sferred to ind ustrial com m ission by ch. 1 0 0 , acts o f
3917] sh a ll have general charge o f the enforcem ent o f this act,
but violations o f the sam e sh all be prosecuted by a ll the city,
State, and county prosecuting officers in the sam e m anner as in
other cases o f m isdem eanor.
A pproved M arch 18, 1913.
WASHINGTON.
ACTS
OF
1913.
A n act to p ro tect th e liv e s , h ealth , m orals of w om en
and m inors, w o rk ers , establish in g an in d u stria l w elfa re com m is
sion for w om en and m in ors , prescribin g its pow ers and duties,
and providin g for th e fixing of m inim um w ages and th e sta n d
ard conditions of labor for such w o rk ers and pro vid in g p en alties
fo r vio la tio n of th e sam e , and m akin g an appropriation th erefor .
C h a p t e r 174. —
S e c t io n 1. T h e w elfa re o f the State o f W ash in g ton dem ands
th a t w om en and m inors be protected from conditions o f labor
w hich have a pernicious effect on their health and m orals. T h e
S tate o f W ash in g ton , therefore, exercising herein its police and
sovereign pow er declares th at inadequate w ages and unsanitary
conditions o f labor exert such pernicious effect.
S e c . 2. I t sh all be u n law fu l to em ploy w om en or m inors in any
Certain conditions and wages industry or occupation w ithin th e S tate o f W a sh in g to n under coifun aw u .
ditions o f labor detrim ental to their health or m orals ; and it shall
be u n law fu l to em ploy w omen w orkers in any ind ustry w ithin the
S tate o f W a sh in g to n a t w ages w hich are not adequate for their
m aintenance.
Commission esS e c . 3. T h ere is hereby created a com m ission to be know n as the
tabiished.
“ In d u stria l w elfare com m ission ” fo r the S tate o f W ash in g ton , to
establish such standards o f w ages and conditions o f labor fo r
w om en and m inors em ployed w ithin the S tate o f W ash in g ton , as
shall be held hereunder to be reasonable and not detrim ental to
health and m orals, and w hich sh all be sufficient for the decent
m aintenance o f women.
Purpose of act.
W ASH IN GTO N.
S e c . 4. Said com m ission shall be composed o f five persons, fou r
o f w hom shall be appointed by the governor, as fo llo w s : T he first
appointm ents shall be m ade w ithin 30 days afte r this act takes
e ffe c t; one fo r the term ending January 1, 1914 ; one for the term
ending Jan uary 1, 1915; one for the term ending January 1, 1916;
one for the term ending January 1, 1917 : Provided , hoivever,
T h a t at the expiration o f their respective term s, their successors
sh all be appointed by the governor to serve a fu ll term o f four
years. N o person shall be eligible to appointm ent as a com m is
sioner hereunder who is, or shall have been at any tim e w ithin
five years prior to the date of such appointm ent a m em ber o f any
m an ufactu rers or em ployers association or o f any labor union.
T h e governor shall have the power o f rem oval fo r cause. A n y
vacancies shall be filled by the governor for the unexpired portion
o f the term in w hich the vacancy shall occur. T h e com m issioner
o f labor o f the State o f W ash in g ton sh all be ex officio m em ber of
the com m ission. T hree m em bers o f the com m ission shall consti
tute a quorum at all regular m eetings and public hearings.
S e c . 5. The mem bers o f said com m ission shall draw no salaries.
T h e com m ission m ay em ploy a secretary w hose sala ry shall be
paid out o f the m oneys hereinafter appropriated. A ll claim s for
expenses incurred by the com m ission shall, afte r approval by , the
com m ission, be passed to the State auditor fo r audit and paym ent.
S e c . 6. I t shall be the duty o f the com m ission to ascertain the
w ages and conditions o f labor of w om en and m inors in the various
occupations, trades and industries in w hich said w om en and
m inors are em ployed in the S tate o f W ash in gton .
T o this end,
said com m ission shall have fu ll pow er and au thority to call for
statem ents and to exam ine, either through its m em bers or other
authorized representatives, a ll books, pay rolls or other records o f
all persons, firms and corporations em ploying fem ales or m inors
a s to any m atter th at w ould have a bearing upon the question o f
w ages o f labor or conditions o f labor o f said employees.
S e c . 7 . E very em ployer o f wom en and m inors shall keep a
record o f the nam es o f all w om en and m inors em ployed by him ,
and shall on request perm it the com m ission or any o f its mem bers
or authorized representatives to inspect such record.
S ec . 8. F or the purposes of this act a m inor is defined to be a
person o f either sex under the age o f 1 8 years.
S e c . 9 . T h e com m ission shall specify tim es to hold public hearings, at w hich tim es em ployers, em ployees or other interested per
sons m ay appear and give testim ony as to the m atter under con
sideration.
T h e com m ission shall have pow er to subpoena w it
nesses and to adm inister oaths. A ll w itnesses subpoenaed by the
com m ission shall be paid the sam e m ileage and per diem allow ed
by law for w itnesses before the superior court in civil cases.
S e c . 10. I f, a fter investigation, the com m ission shall find that in
any occupation, trade or industry, the w ages paid to fem ale employees are inadequate to supply them necessary cost o f living and
to m ain tain the w orkers in health, or th a t the conditions o f labor
are prejudicial to the health or m orals o f the w orkers, the com
m ission is empowered to call a conference composed o f an equal
num ber o f representatives o f em ployers and em ployees in the occu
pation or industry in question, together w ith one or m ore disinter
ested persons representing the p u b lic ; but the representatives o f
the public shall not exceed the num ber o f representatives o f either
o f the other p a r tie s ; and a m em ber o f the com m ission shall be a
m em ber o f such conference and chairm an thereof. T h e com m ission shall m ake rules and regulations governing the selection o f
representatives and the mode o f procedure o f said conference, and
shall exercise exclusive ju risdiction over all questions arising as
to the v a lid ity o f the procedure and o f the recom m endations o f
said conference. On request o f the com m ission it shall be the duty
o f the conference to recommend to the com m ission an estim ate o f
the m inim um w age adequate in the occupation or industry in ques
tion to supply the necessary cost o f living, and m aintain the w ork
ers in health, and to recommend standards o f conditions or labor
277
Payment
of
commisslonExpenses,
Duties and pow-
g[on<
commis-
Employers to
keep resisters-
Minor defined,
Hearings,
C on ferenee or
wage board*
Rules for conferenee.
Duties 0f con_
ferenee.
278
TEXT OF M INIM TJM -W AGE LAW S.
dem anded for the health and m orals o f the employees. T he find
ing and recom m endations o f the conference sh all be m ade a m atter
o f record fo r the use o f the com m ission.
Review of rec
S e c . 11. Upon the receipt o f such recom m endations from a con
ommendations.
ference, the com m ission shall review the sam e and m ay approve
any or a ll o f such recom m endations, or it m ay disapprove any or
all o f them and recom m it the subject or the recom m endations dis
approved of, to the sam e or a new conference. A ft e r such approval
o f the recom m endations o f a conference the com m ission shall issue
an obligatory order to be effective in 60 d ays from the date o f
said order, or i f the com m ission shall find th at unusual conditions
necessitate a longer period, then it shall fix a la ter date, specifying
the m inim um w age fo r w om en in the occupation affected, and the
standard conditions o f labor fo r said w o m e n ; and a fte r such order
is effective, it shall be u n law fu l fo r any em ployer in said occupa
tion to em ploy w om en over 18 years o f age for less than the rate
o f w ages, or under conditions o f labor prohibited fo r w om en in the
said occupations.
T h e com m ission shall send by m ail so fa r as
practicable to each em ployer in the occupation in question a copy
o f the order, and each em ployer shall be required to post a copy
o f said order in each room in w hich w om en affected by the order
are employed. W h en such com m ission shall specify a m inim um
wage hereunder the sam e shall not be changed fo r one year from
the date when such m inim um w age is so fixed.
Reconsideration
of orders.
Sec. 12. Whenever wages or standard conditions of labor have
been made mandatory in any occupation, upon petition of either
employers or employees, the commission may at its discretion re
open the question and reconvene the former conference or call a
new one, and any recommendations made by such conference shall
be dealt with in the same manner as the original recommendations
of a conference.
Special licenses.
S e c . 13. F or any occupation in w hich a m inim um rate has been
established, the com m ission through its secretary m a y issue to a
w om an physically defective or crippled by age or otherw ise, or to
an apprentice in such class o f em ploym ent or occupation as usually
requires to be learned by apprentices, a special license authorizing
the em ploym ent o f such licensee fo r a w age less than the legal
m inim um w a g e ; and the com m ission shall fix the m inim um w age
fo r said person, such special license to be issued only in such cases
as the com m ission m a y decide the sam e is applied fo r in good
fa ith and that such license fo r apprentices shall be in force for
such length o f tim e as the said com m ission sh all decide and de
term ine is proper.
Mi ni mum
S e c . 14. T h e com m ission m a y a t any tim e inquire into w ages,
wages, etc., for and conditions o f labor o f m inors, em ployed in any occupation in
minors.
the S tate and m ay determ ine w ages and conditions o f labor fo r
such m inors.
W h e n the com m ission has m ade such determ ina
tion in the cases o f m inors it m ay proceed to issue an obligatory
order in the m anner provided fo r in section 1 1 o f th is act, and
afte r such order is effective it sh all be u n law fu l fo r any em ployer
in said occupation to em ploy a m inor fo r less w ages than is
specified for m inors in said occupation, or under conditions o f
labor prohibited by the com m ission fo r said m inors in its order.
Com missioner
S e c . 15. Upon the request o f the com m ission the com m issioner of
of labor to fur labor o f the S tate o f W ash in g ton shall fu rn ish to the com m ission
nish statistics.
such sta tistics as the com m ission m ay require.
Discrimination
S e c . 16. A n y em ployer w ho discharges, or in any other m anner
against employ discrim inates again st any em ployee because such em ployee has
ees.
testified or is about to testify, or because such em ployer believes
th at said em ployee m ay te stify in any investigation or proceed
ings relative to the enforcem ent o f this act, shall be deemed
guilty o f a m isdem eanor and upon conviction thereof, shall be
punished by a fine o f from $25 to $100 for each such m isdem eanor.
Sec. 17. Any person employing a woman or minor for whom a
Penalty for vio
lation of act.
minimum wage or standard conditions of labor have been specified,
at less than said minimum wage, or under conditions of labor
prohibited by the order of the commission; or violating any other
W A SH IN G TO N .
279
of tlie provisions o f this act, sh all be deemed guilty of a m is
dem eanor, and shall, upon conviction thereof, be punished by a fine
o f not less than $25 nor m ore than $100.
S e c . 17$. A n y w orker or the parent or guard ian o f any m inor to COmViaintsti0n ° f
w hom this act applies m ay com plain to the com m ission that the comp ain s'
w ages paid to the w orkers are less than the m inim um rate and
the com m ission sh all in vestigate the sam e and proceed under
this act in b eh alf o f the w orker.
S e c . 18. I f any employee shall receive less th an the legal m iniRight of recovm um w age, except as hereinbefore provided in section 13, said ern -ery*
ployee shall be entitled to recover in a civil action the fu ll am ount
o f the legal m inim um w age, as herein provided fo r, together w ith
costs and atto rn ey’ s fees, to be fixed by th e court, notw ithstand
ing any agreem ent to w ork fo r such lesser w age. In such action,
how ever, the em ployer sh all be credited w ith an y w ages w hich
have been paid on account.
S e c . 19. A ll questions o f fa ct arisin g under this act shall be
Court aPPealdeterm ined by the com m ission, and there shall be no appeal from
its decision upon said question o f fa ct. E ith er em ployer or em
ployee shall have the right o f appeal to the superior court on
questions o f law .
S e c . 20. T h e com m ission shall biennially m ake a report to the
Report,
governor and S tate legislatu re o f its investigations and proceed
ings.
S e c . 21. T here is hereby appropriated an n u ally out o f any
Appropriation,
m oneys o f the S tate treasu ry not otherw ise appropriated, the sum
o f $5,000 or as much th ereof as m ay be necessary to m eet the
expenses o f the com m ission.
A pproved by the governor M arch 24, 1913.
A C T S O F 1915.
C h a p t e b 68
(a s am ended by ch. 29, A cts o f 1 9 1 7 ).—
M inim um
wages in telephone and telegraph offices.
S e c t i o n 1. T h e In d u stria l W e lfa r e Com m ission is hereby auoffices in rural,
thorized, in such m an n er a s it sh all deem ad visable and u p o n e c'’ ocalltiesnotice an d hearing to parties directly affected thereby, to ascer
tain and establish such stan d ard o f w ages, hours o f w ork, and.
conditions o f labor o f w om en and m inors, em ployed in telephone
and telegraph ind ustries in ru ral com m unities and in cities o f
less than three thousand (3 ,0 0 0 ) population, as shall be found
reasonable and not detrim ental to the health and m orals o f such
w om en and m inors and w hich shall be sufficient fo r the decent
m aintenance o f such w om en and m inors, and not w ithstand ing
any statute heretofore passed or regulation o f such com m ission
heretofore m ade relative th e reto : P rovided, T h a t nothing in this
act contained shall be construed to am end or repeal any la w or
any regulation relating to w ages, hours o f labor or condition o f
labor o f wom en o r m inors excepting as in th is act, authorized.
Approved M arch 15, 1915.
WISCONSIN.
L A W S O F 1913.
712.— An act to create sections 1729.&-1 to 1729s—
12,
inclu sive , of the sta tu te s rela tin g to the establish m en t of a
living w age for w om en and m inors, <md m aking an appropri
ation , and providin g a p en a lty .
C h a tte e
S e c t i o n 1. T here are added to the statutes 12 n ew sections to
read :
Section 1 72 9 s~ l. T h e follow in g term s as used in section 1 7 2 9 s -l
Definition
to 1 7 2 9 s-1 2, inclusive, shall be construed as fo llo w s :
terms.
(1 )
T he term “ e m p lo y e r ” shall mean and include every per
son, firm, or corporation, agent, m anager, representative, contrac-
of
280
TEXT OE M IN IM U M -W A G E LAW S.
tor, subcontractor or principal, or other person having control or
direction o f any person em ployed at any labor or responsible
directly or indirectly fo r the w ages o f another.
( 2 ) T h e term “ e m p lo y e e ” shall m ean and include every person
w ho is in receipt o f or is entitled to any com pensation fo r labor
perform ed fo r any em ployer.
(3 ) T h e term “ w a g e ” and the term “ w a g e s ” shall each mean
an y com pensation fo r labor m easured by tim e, piece, or otherw ise.
( 4 ) T h e term “ w e lf a r e ” sh all mean and include reasonable
com fort, reasonable physical w ell-being, decency, and m oral w ell
being.
(5 ) T he term “ living w age ” sh all m ean com pensation for labor
paid, w hether by tim e, piecew ork, or otherw ise, sufficient to enable
the em ployee receiving it to m ain tain h im self or h erself under
conditions consistent w ith his or her w elfare.
Living wage to
Sec. 1 7 2 9 s-2 . E very w age paid or agreed to be paid by any embe paid.
ployer to any fem a le or m inor employee, except as otherw ise pro
vided in section 1 7 2 9 s -7 , shall be not less than a livin g w age.
Violation.
g ec i7 9 2 s -3 . A n y em ployer paying, offering to p ay, or agreeing
to pay to any fem a le or m inor em ployee a w age low er or less in
value than a livin g w age sh all be deem ed guilty o f a violation,
o f sections 1 7 2 9 s -l to 1 7 2 9 s-1 2 , inclusive, o f the statutes,
d t^rm^iSSand fix
^ ec‘ 1 ^ 9 s - 4 . I t shall be the duty o f the industrial com m ission
iivin™wage.D X llD^ ^ shall have power, jurisdiction, and authority to investigate,
ascertain, determ ine and fix such reasonable classification, and to
issue general or special orders determ ining the living w age, and
to carry out the purposes o f sections 1 7 2 9 s -l to 1 7 2 9 s-1 2 , inclu
sive, o f the statutes.
Such investigations, classifications and or
ders, and any action, proceeding, or suit to set aside, vacate or
am end any such order o f said com m ission, or to enjoin the enforce
m ent thereof, sh all be m ade p u rsuant to the proceedings in sec-*
tions 2 3 9 4 -4 1 to 2 3 9 4 -7 0 , inclusive, o f the statutes, w hich are here*
by m ade a part hereof, so fa r as not inconsistent w ith the provi
sions o f sections 1 7 2 9 s -l , 1729s~2, 1 7 2 9 s-3 , 1 7 2 9 s-4 , 1 7 2 9 s -5 ,
1 7 2 9 s -6 , 1 7 2 9 s-7 , 1 7 2 9 s -8 , 1 7 2 9 s -9 , 1 7 2 9 s-1 0 , 1 7 2 9 s - l l , and 1 72 9 s-1 2
o f the s ta tu t e s ; and every order o f the said com m ission shall
have the sam e force and effect as the orders issued pursuant to
said sections 2 3 9 4 -4 1 to 2 3 9 4 -7 0 , inclusive, o f the statutes, and the
penalties therein shall apply to and be imposed for any violation
o f sections 1 7 2 9 s -l , 1 7 2 9 s -2 , 1 7 2 9 s-3 , 1 7 2 9 s-4 , 1 7 2 9 s-5 , 1 7 2 9 s-6 ,
1729S-7, 1729S-8, 1 7 2 9 s -9 , 1 72 9 ^-10 , 1 7 2 9 s - l l , and 1 7 2 9 s -1 2 o f the
. statutes.
sion shaiiCactmiS
Sec. 1 7 2 9 s -5 . A ft e r July 1, 1913, the industrial com m ission m ay,
upon its ow n in itiative, and afte r J u ly 1, 1914, the ind ustrial com
m ission shall, w ith in 2 0 d ay s a fte r the filing o f a verified com
p lain t o f an y person settin g forth that the w ages paid to any
fem ale or m inor em ployee in any occupation are not sufficient to
enable such em ployee to m aintain h im self or h erself under condi
tions consistent w ith his or her w elfare, investigate and determ ine
w hether there is reasonable cause to believe th a t the w age paid
to any fem ale or m inor em ployee is not a livin g wage.
bo^rdV1S° ry Wage
^ ec* 1 ? 2 9 s -6 . I f, upon investigation, the com m ission finds that
there is reason able cause to believe th a t the w ages paid to any
fem a le or m inor em ployee are not a livin g w age, it sh all appoint
an ad visory w age board, selected so as fa ir ly to represent em
p lo y e rs ,. employees, and the public, to assist in its investigations
and determ inations. T h e livin g w age so determ ined upon shall be
the livin g w age for all fem ale or m inor em ployees w ithin the sam e
class as established by the classification o f the com m ission.
Special licenses.
Sec. 1 7 2 9 s -7 . T h e industrial com m ission shall m ake ru les and
regulations w hereby any fem ale or m inor unable to earn th e livin g
w age theretofore determ ined upon, shall be granted a license to
w ork for a w age w hich shall be com m ensurate w ith his or her
ability. E ach license so granted shall establish a w age for the
licensee, and no licensee shall be em ployed at a w age less than the
rate so established.
W ISCONSIN.
281
Sec. 1729&-8. 1. A ll m inors w orking in an occupation for w hich . Minors to be
a living w age has been established for m inors, and w ho shall have indentuiedno trade, shall, i f em ployed in an occupation w hich is a trade in
dustry, be indentured under the provisions of sections 2377 to
2386, inclusive, o f th e statutes.
2. A “ trade ” or a “ trade industry ” w ithin the m eaning o f Trade industry,
th is act shall be a trade or an in du stry in volving physical labor
and characterized by m echanical skill and training such as render
a period of instruction reasonably necessary. T h e industrial com
m ission shall investigate, determ ine, and declare w h at occupations
and industries are included w ithin the phrase a “ trade ” or a
“ trad e in d ustry.”
3. A ll m inors w orking in an occupation fo r w hich a livin g w age
has been established for m inors but w hich is n ot a trade indus
try, w ho have no trade, shall be subject to the sam e provisions
as m inors between the ages o f 14 and 16 as provided in section
1 7 2 8 c -l o f the statutes.
Exceptions.
4. T h e industrial com m ission m ay m ake exceptions to the oper
ation o f subsections 1 and 2 o f this section w here conditions m ake
th eir application unreasonable.
Registration of
Sec. 1 7 2 9 s-9 . E very em ployer em ploying three or m ore fem ales
or m inors shall register w ith the industrial com m ission, on blanks employers.
to be supplied by the com m ission.
In filling out the blank he
shall sta te separately the number o f fem ales and the number o f
m inors employed by him , their age, sex, wages, and the nature of
the w ork a t w hich they are employed, and shall give such other
in form ation relative to the w ork perform ed and the w ages received
as the industrial com m ission requires. E ach em ployer shall also
keep a record of the nam es and addresses o f all w om en and m inors
em ployed by him, the hours o f em ploym ent and w ages o f each,
and such other records as the in d ustrial com m ission requires.
Sec. 1 72 9 s-1 0 . A n y em ployer who discharges or threatens to
Discrimination
d ischarge, or in any w ay discrim inates, or threatens to discrim i- a^ainst empioyn ate against any employee because the employee has testified or is eb*
about to testify, or because the em ployer believes that the em
ployee m ay testify, in any investigation or proceeding relative to
the enforcem ent o f this act, is gu ilty o f a m isdem eanor, and upon
conviction th ereof shall be punished by a fine o f $25 for each
offense.
Sec. 1729s^-ll. E ach day during which any em ployer shall Violation of act.
em ploy a person fo r w hom a livin g w age has been fixed at a w age
less than the livin g w age fixed shall constitute a separate and
distinct violation of sections 1 7 2 9 s -l to 1 7 2 9 s-1 2 , inclusive, o f the
statutes.
Sec. 1729s—12. A n y person m a y register w ith the industrial
Complaints,
com m ission a com plaint th at the w ages paid to an employee fo r
w hom a livin g w age h as been established are less than th at rate,
and the in d u strial com m ission shall in vestigate the m atter and
take all proceedings necessary to enforce the p aym ent o f a w age
not less than the livin g w age.
Approved, July 31, 1913.
TEXT OF ORDERS.
ARKANSAS.
Order No. 2 .1—M ercantile establish m en ts in F o rt Sm ith.
T h e m inim um w age to be paid fem a le em ployees in the m ercan
tile industry in the city o f F o r t Sm ith, A rk ., shall b e :
( 1 ) F o r experienced fem a le employees, not less than $18.25
per week.
( 2 ) F o r inexperienced fe m a le employees, not less than $11 per
week.
( 3 ) N othing in th is order prevents em ployers from paying more
than the rates fixed by the com m ission as the m inim um rates.
Scope.
(4 ) T h is order applies to a ll fem a les em ployed in the m ercan
tile indu stry (establish m en ts) in the city o f F ort Sm ith, A rk an sas.
Basis.
( 5 ) T hese rates are based on fu ll-tim e w ork, by w hich is m eant
the fu ll num ber o f hours required p er w eek by em ployers and per
m itted by the law s o f the State.
Experience.
( g ) p or
purpose o f defining and determ ining “ experienced
fem ale em ployees ” and “ inexperienced fem a le em ployees,” section
7,
act 275, A c ts o f 1915, and acts am endatory thereto
govern, in the m ean ing o f this order,
Order manda(7 )
person, firm, or corporation sh all em ploy or perm it any
tory.
fem a le to be em ployed in any m ercantile establishm ent e x ce p t in
accordance w ith the provisions o f this order o f the m inim um w age
and m axim u m hour com m ission and the statutes governing the
em ploym ent o f fem ales.
Posting.
( 8 ) C opy o f th is order shall be posted by em ployers in all estab
lishm ents affected thereby.
T h is order shall become effective on Septem ber 1, 1920, and
shall be in force and effect from said date, until am ended or
revoked.
D ated at L ittle R ock, A rk an sas, this 4th day o f A u gu st, 1920.
Rates.
shall
C A L IF O R N IA .
[O rd er No. 1, issued F ebru ary 14, 1916, fixing ra tes in the fru it
and vegetable canning industry, w as superseded by order N o. 3,
dated A p ril 16, 1917, since w hich date a ll revisions o f this order
h ave carried the num ber 3. Order No. 2 w a s a san itary order,
applicable to the fru it and vegetable canning industry, w a s dated
F ebru a ry 14, 1916, and w as superseded by order No. 4 , w hich
number subsequent revisions th ereof have retained. S anitary
orders are not here reproduced.]
O r d e r N o . 3 .— Fruit and vegetable canning industry.
Pursu ant to and by virtue o f the authority vested in it by the
Statu tes o f C aliforn ia, 1913, chapter 324, and am endm ents thereto,
and afte r public h earing duly had on m otion o f the com m ission at
the city hall in the city and county o f San F rancisco on W ed n e s
day, M arch 24, 1920, notice o f said hearing having been duly given
in the m anner provided by law , and the ind ustrial w elfa re com m is
sion th ereafter finding and determ ining th a t the least w age ade
quate to supply to women and m inors employed in industry the
1
Order No.
restaurants.
282
1
relates
only
to
hours
of
employment
in
hotels
and
C A L IF O R N IA .
283
necessary cost o f proper livin g is $16 a w eek, th e In d u stria l W e l
fa re C om m ission o f the S tate o f C aliforn ia does hereby order
th a t:
1. N o person, firm, or corporation shall em ploy, or suffer or
Time or day
perm it an y w om an or m inor to be em ployed in the fru it or vege- rates‘
table canning industry, o r in any departm ent thereof, w hen the
em ploym ent is on a tim e-rate basis, at w ages less than the follow
ing d ay-w ork rates (except as otherw ise provided in section 7 o f
this o r d e r ) :
{a) E xperienced wom en and experienced fem ale m inor day
Experi enced
w orkers at not less than 33^ cents an hour or $16 a week. W o m e n ST m inors. e
and fem a le m inor w orkers are deemed experienced when they
h ave been em ployed in the establishm ent one w eek at tim e rates.
(b) Inexperienced w om en day w orkers em ployed on a tim e-rate
inexperienced
basis at not less than 25 cents an hour or $ 1 2 a week.
women.
(c ) Inexperienced fem a le m inor day w orkers em ployed on a
inexperienced
tim e-rate basis at not less than 2 2 cents an hour or $10.56 a week, female minors.
(d) M ale m inor day w orkers employed on a tim e-rate basis at Male minors.
not less than 30 cents an hour or $14.40 a week.
Piece rates.
2. No person, firm, or corporation shall em ploy, or suffer or
perm it any w om an or fem ale m inor to be em ployed in the fru it
or vegetable canning in d ustry in the preparation o f fru it and vege
tables when the em ploym ent is on a piece-rate basis, unless the
p iece-rate w age scale adopted yields to at least 6 8 § per cent o f
a ll o f the w omen and fem a le m inors em ployed in such w ork in
the ind ividual establishm ent, and paid in accord therew ith, a
w age o f not less than 33£ cents an hour, and then only upon
com pliance w ith the other term s and conditions hereinafter set
forth .
(a)
T h e piece-rate w age scale adopted in connection w ith the
preparation o f fru it and vegetables shall not be less than the
f o llo w in g :
Rates fixed.
A sp a ra g u s— per 1 0 0 lbs__ $ 0 . 2 2
P ears — '___ per 100 lbs__ $ 0 . 62
.7 5
Plum s ______________ do_____
C h e r r ie s _______ ----- do_____
.1 8
A p r ic o t s _______ ___ d o_____
. 50
Thom pson seedless grapes,
.3 8
C lin g peaches__ ___ do_____
per 1 0 0 l b s ___
1 .0 0
.2 2
F re e p e a c h e s __ — d o____
M u scat grapes, per 1 0 0
S trin g beans___ ___ do_____ 1 .5 0
lbs
_
^ _ _______
.7 5
H a n d p e e l i n g peaches,
T om atoes (finished prod
uct ) ____________ 12 q ts__
per 1 0 0 lbs
.5 0
. 05J
and fo r all other fru it and vegetables, such piecew ork rates as
m a y be adopted by the individual establishm ent.
In the event that during any given w eek the piecew ork rate
Auditing,
paid according to the scale adopted in the individual establish
m ent does not yield to a t least 6 6 § per cent o f all w om en and
fem a le m inors operating thereunder the m inim um hourly w age o f
33£ cents, as above required, then the piecew ork rate scale there
tofore adopted shall be u niform ly raised by such percentage as
m ay be required in order to yield to at least 661 per cent o f all
w om en and fem a le m inors operating thereunder the said hou rly
w age o f 33^ cents.
< b ) A n y person, firm, or corporation desiring to adopt fo r any
Method of payin d ividual establishm ent a piece-rate scale o f w ages under t h e mentprovisions o f the preceding paragraph hereof, or to avail him o r
its e lf o f the orders o f this com m ission perm itting the inclusion
w ithin h is or its force o f operatives engaged in the preparation o f
fr u it and vegetables o f one-third o f learners shall file w ith the
com m ission his election so to do on o r before June 10, 1920, to
gether w ith his agreem ent to pay for such audits as m ay be rea
sonably required by the com m ission in order to obtain accurate
verification o f the paym en ts m ade thereunder.
(c)
E very person, firm, or corporation shall provide th a t rates
Rates fixed on
per box shall be based on the m axim u m w eight capacity o f the wei=ht of boxbox, w hich shall be fixed fo r each product fo r the season.
T his
m a xim u m w eight shall be established upon the average w eight
o f sixteen (1 6 ) boxes filled to capacity, one box being placed
upon another.
T h e rate per pound and the m a xim u m w eight
T E X T OF ORDERS.
284
capacity o f the box so determ ined fo r each product shall be
posted upon a bulletin board placed in plain sight o f the cutters.
Rates for can3 . F o r the canning o f all varieties o f fru it and vegetables,
lin&*
piece rates m ay be fixed by individual establishm ents : Provided ,
however , T h a t all adult wom en and fem ale m inors (betw een the
ages o f 16 and 18 years) em ployed at such piece rates shall be
guaranteed during the first week in an establishm ent not less than
the fo llo w in g :
Schedule for first week for canners.
Regular time
rate.
Adult women.................................
Female minors (between 16 and
18).............................................
Overtime
rate.
Double time
rate.
25 cents an hour. 31 cents an hour. 50 cents an hour.
25 cents an hour.
No overtime for minors.
and that a ll adult w om en and fem a le m inors (betw een the ages of
16 and 18 ye ars) em ployed at such piece rates shall be guaranteed
after the first week in an establishm ent not less than the fo l
low ing :
Schedule for experienced canners.
Overtime
rate.
Regular time
rate.
Adult women.................................
Female minors (between 16 and
18)...........................................
33£ cents an hour. 41| cents an hour.
33^ cents an hour.
Double time
rate.
66§ cents an hour.
No overtimLefor minors.
T he com putation o f the above rates is to be m ade on a w eekly
basis, regular tim e, overtim e, and double tim e being computed
separately.
Rates for label4. F or the labeling o f all varieties o f fru it and vegetables, piece
rates m ay be fixed by individual e sta b lish m en ts: Provided, how
ever, T h a t all adult w omen and fem ale m inors (betw een the ages
of 16 and 18 years) em ployed at such piece rates shall be guar
anteed not less than the fo llo w in g :
Schedule for labelers.
First week
of employment.
Adult women...........................................................
Female minors (between 16 and 18)................
Hours of labor
o minors.
After first week
of employment.
25 cents an hour__ 33^ cents an hour.
25 cents an hour... 33| cents an hour.
5 . ( a ) N o person, firm, or corporation shall employ, or suffer or
permit^ any m inor to w ork in the fru it or vegetable canning in
d u str y 'm o re than eight ( 8 ) hours in any one day or more than
forty-eigh t (4 8 ) hours in any-one week or more than six ( 6 ) days
in any one week, or before the hour o f six ( 6 ) a. m. or afte r the
hour o f seven (7 ) p. m.
N ot®.— U nder the provisions of the Federal child labor tax law, no
child under the age of fourteen may be employed in any cannery.
5. (&) N o person, firm, or corporation shall em ploy, or suffer or
perm it any w om an or minor to w ork at labeling in the fru it or
vegetable canning in dustry more than eight ( 8 ) hours in any one
day or more than forty-eigh t (4 8 ) hours in any one w eek or more
than six ( 6 ) days in any one week.
Overtime emer5 . ( c ) n 0 person, firm, or corporation shall em ploy, or suffer or
gency work.
perm it any adu lt w om an to w ork in the fru it or vegetable canning
industry more than eight ( 8 ) hours in any one day or more than
Hours
beiers.
for la-
C A L IF O R N IA .
285
forty-eig h t (4 8 ) hours in any one w eek or m ore than six ( 6 ) days
in any one week, except in case o f e m erge n cy: Provided , however ,
T h a t the provisions o f this section shall not apply to those occupa
tions com ing under the provisions o f the Statu tes o f C a liforn ia,
1913, chapter 352, “ A n act lim itin g the hours o f labor o f fem a les,”
etc.
E m ergency w ork sh all be all w ork perform ed by any w om an in
Emergency
excess o f eight ( 8 ) hours in any one day or in excess o f six ( 6 ) work defined*
days in any one week.
A ll w ork perform ed by any w om an in
excess o f eight ( 8 ) hours and up to tw elve ( 1 2 ) hours in any one
d ay sh all be paid fo r at a rate o f w ages not less than one and
one-quarter tim es the tim e or piece rates herein provided, and a ll
Rates,
w ork p erform ed by any w om an in excess o f tw elve ( 1 2 ) hours in
an y tw en ty-fo u r (2 4 ) hours shall be paid fo r at a rate of w ages not
less than double the tim e or piece rates herein provided.
5.
( d ) E very w om an and m inor em ployed in the fru it or vegeDay of rest,
table canning industry sh all be entitled to one d a y ’s rest in s e v e n :
Provided, however, T h a t nothing in this section shall apply to any
case o f emergency as specified in section 5 (e ) o f this order.
5. (e ) Sunday shall be considered the d ay o f rest fo r all w omen of rest.
as day
and m inors unless a different arrangem ent is m ade by the em ployer
fo r the sole purpose o f providing another day o f the w eek as the
d a y o f rest. In all such cases a w ritten or printed notice shall be
posted in the w orkroom designating the day o f rest for all women
and m in o r s : And provided , further , T h a t all w ork p erform ed on
th e day o f rest shall be paid for a t the rate o f tim e and one-quarter
o f the tim e or piece rates p aid for the first eight hours and double
said tim e and one-quarter th ereafter.
6 . (a) E very person, firm, or corporation em ploying w om en or
Records,
m inors in the fru it or vegetable canning industry sh all keep a
record o f the nam es and addresses, the hours w orked and the
am ounts earned by such w om en and m inors. M in or em ployees
shall be m arked “ m inor ” on the pay roil. Such records shall be
kept in a form and m anner approved by the industrial w elfare
com m ission.
F ailu re to keep such records sh all constitute a m isdem eanor.
P ay-roll records shall be kept on file fo r at least one year.
6 . (&) E very person, firm, or corporation em ploying w om en or
Reports,
m inors in the fru it or vegetable canning industry sh all furnish to
the com m ission at its request any and a ll reports or in form ation
w hich the com m ission m ay require to carry out the purposes of
the act creating the com m issio n ; such reports and inform ation
to be verified by the oath o f th e person, m em ber o f the firm, or the
president, secretary, or m anager o f the corporation fu rn ish in g the
sam e, i f and when so requested by the com m ission.
E ve ry person, firm, or corporation sh all allow any m em ber o f
Inspection,
the com m ission or any o f its d uly authorized representatives free
access to the place o f business o f such person, firm, or corporation,
fo r the purpose o f m akin g inspection of, or excerpts from , all books,
reports, contracts, pay rolls, docum ents, or papers o f such person,
firm, or corporation, relating to the em ploym ent o f w om en and
m inors and paym ent th erefor by such person, firm, or corporation,
or fo r the purpose o f m akin g an y investigation authorized by the
act creating th e com m ission.
7. A perm it m ay be issued by the com m ission to a w om an
Permits,
physically disabled by age or otherw ise, authorizing the em ploy
ment o f such licensee for a w age less than the legal m inim um
w age, and the com m ission sh all fix a special m inim um w age for
such w om an.
W o m e n eligible fo r perm its w orking on the preparation o f fru it
and vegetables shall be elim inated from the audit.
8 . E very person, firm, or corporation em ploying w om en or
O r d e r to be
m inors in the fru it or vegetable canning industry shall post a copy P°stedo f this order in a conspicuous place in the general w orkroom and
one also in the w om en’s dressing room.
286
Enforcement.
T E X T OF ORDERS.
9 . T h e com m ission sh all exercise exclusive jurisd iction over all
Questions arisin g as to the adm inistration and interpretation of
this order.
T h is order shall become effective six ty (6 0 ) days from the date
h ereof, or June 26, 1920.
D ated at San Francisco, C a lif., this 27th day o f A p ril, 1920.
O rder No. 5.— Mercantile industry.
P u rsu a n t t o and by virtu e o f the auth ority vested in it by the
Statu tes o f C a liforn ia, 1913, chapter 324, and am endm ents thereto,
and a fte r public h earin g duly had on m otion o f the com m ission
a t th e city h all In the city and county o f San F rancisco, on W ed n e s
day, M arch 24, 1920, notice o f said hearing having been duly given
in th e m an ner provided by law , and the in d ustrial w elfa re com
m ission th ereafter finding and determ ining that the lea st w age
adequate to supply to w om en em ployed in industry th e necessary
cost o f proper livin g is $16 a w eek, the In d u stria l W e lf a r e Com
m ission o f the State o f C a lifo rn ia does hereby order t h a t :
Ex p e r i e n c e d
l . N o person, firm or corporation shall em ploy, or suffer or perworkers.
mit an experienced w om an or experienced m inor to be em ployed
in the m ercantile industry in C a liforn ia ( except as oth erw ise pro
vided in section 13 o f this ord er) at a rate o f w ages less than $16
a w eek ($ 6 9 .3 3 J a m o n th ).
A n adult w om an is deemed experienced when she has been em
ployed one y e a r in th e m ercan tile in dustry.
A m inor is deemed experienced w hen he or she h as been em
ployed one year and a h a lf in th e m ercantile industry.
Learners.
2. N o person, firm or corporation shall em ploy, or suffer or per
m it learn ers to be em ployed in th e m ercantile in d u stry fo r less
than the legal m inim um w age o f $16 a week, except at the rates
and under the conditions h erein after set f o r t h :
(a )
N o person, firm or corporation shall suffer o r perm it the
em ploym ent o f over 33J per cent o f the total num ber o f fem ales
(exclusive o f the office force, the m illinery w orkroom force, and
the fem a le w ork ers regulated b y order N o. 1 2 ) as learners, at less
than the leg al m inim um w age o f $16 a week. I n com puting the
total nu m b er o f fem ales, special and part-tim e w orkers sh all not
be included.
adults6xperienC6d
A d u lt fem a le learn ers sh all be paid not less than the fo l
low ing r a te s :
W a g e first 6 m o n th s : $12 a w e e k ; $52 a month.
W a g e second 6 m o n th s : $14 a w e e k ; $ 6 0 .6 6 f a m onth.
T h e re afte r not less than $16 a w e e k ; $69,334 a month.
Len gth o f apprenticeship, 12 months,
minorsxperienced
(c) M inor learners sh all be paid not less than the follow ing
W a g e first 6 m o n th s : $10 a w e e k ; $43.33£ a month.
W a g e second 6 m o n th s : $12 a w e e k ; $52 a m onth.
W a g e third 6 m o n th s : $14 a w e e k ; $ 6 0 .6 6 f a m onth.
T h ereafter not less than $ 16 a w e e k ; $69.33^ a month.
Length o f apprenticeship, 18 months.
N o t e .— A m inor g irl who is s till a learner upon reaching the age of
eighteen years shall be paid n ot less than the rates specified for adult
learners.
Registration of
( d ) E very person, firm, or corporation em ploying learners shall
learners.
m ake application fo r the registration o f such learners at the end
o f tw o w eeks’ em ploym ent, and, pending the issuance o f certificates
o f registration, shall pay to all learners not less than the m inim um
rate for the w age group in w hich th ey belong.
Failure to reg(e) A ll wom en and m inor learn ers fo r w hom applications for
isterlearners’ certificates h ave not been m ade to the industrial w elfare
com m ission at the end o f tw o w eek s’ em ploym ent w ill be rated by
the com m ission as experienced w orkers, to be p aid not less than
$16 a week.
C A L IF O R N IA .
287
A learn er is a w om an or m inor w hom the in d ustrial w elfa re L e a r n e r de
com m ission perm its to w ork fo r a person, firm, or corporation fo r
less than the legal m inim um w age, in consideration o f the pro
vision fey such em ployer o f reasonable fa cilities fo r learnin g the
m ercantile industry.
L earn ers’ perm its w ill be w ithheld b y the com m ission w here
there is evidence o f attem pted evasion o f the law by firm s w hich
m ake a practice o f d ism issing learners w hen they reach their pro
m otional periods.
8.
N o person, firm, or corporation shall em ploy, or suffer or Part-time workperm it any w om an or m inor to be em ployed as a p art-tim e w orker ers*
(ex cep t w a itr e s s e s 2) a t less than the follow in g rates and under
th e follow in g co n d itio n s:
(a )
A d u lt fem a le part-tim e w orkers and experienced m inor
p art-tim e w orkers a t not less than 40 cents an hour.
{&) Inexperienced m inor part-tim e w orkers at not less than 30
cents an hour.
(c ) A ll ad u lt and m inor p art-tim e w orkers shall be registered
Registration,
w ith the com m ission.
R egistration o f p art-tim e w orkers is ac
com plished by sending to the com m ission, at the end o f tw o w eeks’
em ploym ent, the follow in g inform ation concerning each part-tim e
w o r k e r : N am e, age, address, hours to be w orked a w eek, am ount
to be paid a w eek, and fo r m inors under sixteen years o f age, the
kind o f w orking perm it.
(d) T h e to ta l num ber o f adult and m inor fem a le part-tim e
N u m b e r limw orkers sh all not exceed 1 0 per cent o f the total num ber o f fem ales itedem ployed.
( e ) A n y person, firm, or corporation m a y em ploy students atstudents of votending accredited vocational, continuation, or cooperative schools spools11*11, 6tc ’
at p art-tim e w ork on special perm its from the com m ission, and sc °
at rates to be determ ined by the com m ission.
A part-tim e w orker is one w ho is em ployed on an hou rly b a sis
S f 18 work'
fo r less than eight hours in one day.
n.
4. N o person, firm, or corporation shall em ploy, or suffer or per- ersSpecial work'
m it any w om an or m inor to be em ployed, as a special w orker at ers*
less than the follow in g r a t e s :
(a) A d u lt special w orkers at n o t less than $2.66§ a day.
(b) M inor special w orkers a t not less than $ 2 a day.
A special w orker is one w ho is em ployed on a fu ll-d a y ba sis fo r
less than six d ays a week.
5. ( a ) E ve ry person, firm, or corporation em ploying w om en or
Office workers,
m inors in the m ercantile industry shall pay all office w orkers in
accordance w ith th e provisions o f the In d u stria l W e lfa r e Com m is
sion O rder No. 9, am ended, 1920.
(b)
A w om an or m inor wTho h as been em ployed in the selling
force o f a m ercantile establishm ent shall, w hen she enters the
office force o f that establishm ent, be granted one-third o f her sell
in g experience, to be applied on her office experience.
(e)
A w om an or m inor w ho has been employed as an office
w orker in a m ercantile establishm ent sh all, w hen she enters the
selling force o f th a t establishm ent, be granted one-third o f her
office experience, to be applied to her sellin g experience.
6 . N o person, firm, or corporation shall em ploy, or suffer or perm i i l inery apm it the em ploym ent o f season al m illin ery w orkroom apprentices Prenticesfo r less than the legal m inim um w age o f $16 a w eek, except at
the rates and under the conditions h erein after set f o r t h :
(a) N o person, firm, or corporation shall suffer or perm it the Number,
em ploym ent, in the m illin ery w orkroom o f any m ercantile estab
lishm ent, o f over 33tr per cent o f the total num ber o f fem ales
em ployed in the m illinery w orkroom , as apprentices, at less than
the legal m inim um w age o f $16 a week.
(b) Seasonal m illinery apprentices shall be paid not less than Rates,
the follow in g s c a le :
2 The rates for part-time waitresses are regulated by Industrial W elfare
Commission Order No. 12, amended, 1920.
288
TEXT OF ORDERS.
F irs t se a so n : F irst 4 weeks, $ 8 a w e e k ; second 4 w eeks, $9 a
w e e k ; third 4 w eeks, $10 a week.
Second s e a s o n : F irst 4 w eeks, $12 a w e e k ; second 4 w eeks, $13
a w e e k ; third 4 w eeks, $14 a w eek, and th ereafter not less than
$16 a w eek.
Registration.
(c ) E very person, firm, or corporation em ploying seasonal m il
linery w orkroom apprentices shall m ake application to the indus
tria l w elfare com m ission fo r the registration o f such apprentices
at the end o f tw o w eeks’ em ploym ent.
Experience
( d ) A w om an or m inor who has been em ployed as a seasonal
granted to sales
women.
m illin ery w ork er in a m ercantile establishm ent shall, when she
enters the selling force o f that establishm ent, be granted one-third
o f her m illin ery w orkroom experience, to be applied on her selling
experience.
Women in food7. E very person, firm, or corporation em ploying wom en or
catering depart
m inors in the m ercantile industry shall pay all fem a le w orkers
ments.
(including com bination w om en) in food-catering departm ent in
accordance w ith the provisions o f In d u stria l W e lfa r e C om m ission
O rder No. 12, am ended, 1920.
A com bination w om an is one who acts both as w aitress and
salesw om an.
P r e s e n t em
8 . E very person, firm, or corporation now em ploying w om en or
ployees.
minors in the m ercantile industry shall rate and p ay such w om en
and m inors in accordance w ith their periods o f em ploym ent, as
specified in sections 1 , 2 , and 6 o f this order.
Deductions for
9. No person, firm, or corporation shall m ake a deduction from
cash shortage.
the m inim um w age o f any w om an or m inor fo r a cash shortage,
unless it be shown th at the shortage is caused b y the w illfu l or
dishonest act o f the employee, n otw ithstanding any contract or
arrangem ent to the contrary.
C o m m i s sion,
10. E very person, firm, or corporation m akin g p ay m en t o f w ages
bonus, or piece
upon a com m ission, bonus, or piece-rate basis shall guarantee to
rates.
all w om en and m inor em ployees not less than the m inim um tim e
rates fo r the w age groups in w hich they belong.
Records
11. (a ) E very person, firm or corporation em ploying w om en or
m inors in the m ercantile industry shall keep, in a form and m an
ner approved by the industrial -w elfare com m ission, records o f the
nam es and addresses, the ra tes paid, the hours w orked and the
am ounts earned by all w om en and m inor em ployees, such records
to be kept on file for at least one year. M ale m inors shall be
m arked “ M ” and fem ale m inors “ F ” on the p ay roll.
( 0 ) E v e ry person, firm or corporation em ploying w om en or
m inors in the m ercantile industry, fa ilin g to keep records as re
quired in section 1 1 (a) o f this order, shall be guilty o f a m isde
meanor.
Hours of wom
1 2 . N o person, firm or corporation shall em ploy, or suffer or
en and minors. perm it any w om an or m inor to w ork in any m ercantile establish
m ent m ore than eight ( 8 ) hours in any one d ay or m ore than
forty-eig h t (4 8 ) hou rs in any one week, or m ore than s ix ( 6 )
days in an y one week. The hours o f labor o f w om en and m iners
em ployed in the food-catering departm ents o f m ercantile estab
lishm ents are regulated by In d u stria l W e lfa r e C om m ission Order
No. 12, am ended, 1920.
Permits.
13. A perm it m a y be issued by the com m ission to a w om an phy
sically disabled by age or otherw ise, authorizing the em ploym ent
of such licensee for a w age less than the legal m inim um w a g e ;
and the com m ission shall fix a special m inim um for such w om an.
Reports.
14. ( a ) E v e ry person, firm or corporation em ploying w om en or
m inors in the m ercantile industry shall furnish to the com m is
sion, at its request, any and all reports or inform ation w hich the
com m ission m ay require to carry out the purposes o f the act
creating the com m ission, such reports and inform ation to be veri
fied by the oath o f the person, m em ber of the firm, or the presi
dent, secretary or m anager o f the corporation furnishin g the sam e,
if and when so requested by the com m ission.
Inspection.
(&) E ve ry person, firm or corporation shall allow any mem ber
o f the com m ission, or any o f its duly authorized representatives,
C A L IF O K N IA .
289
free access to the place o f business o f such person, firm or corpo
ration, for the purpose o f m aking inspection of, or excerpts from ,
all books, reports, contracts, pay rolls, docum ents or papers
@FedFRASER