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LI3.3:277 grinnell college library State Hour Laws For Women WOMEN’S BUREAU BULLETIN 277 UNITED STATES DEPARTMENT OF LABOR Arthur J. Goldberg, Secretary WOMEN’S BUREAU Mrs. Esther Peterson, Director la '3 $ State Hour Laws Fer Women J^tHT O?* ^jres o*. WOMEN’S BUREAU BULLETIN 277 (Revision of Bulletin 250) UNITED STATES DEPARTMENT OF LABOR Arthur J. Goldberg, Secretary WOMEN’S BUREAU Mbs. Esther Peterson, Director WASHINGTON ; 1961 hL/ For sale by the Superintendent of Documents, U.S. Government Printing Office Washington 25, D.C. - Price 35 cents foreword This bulletin covers the provisions of State hour laws for women as of October 1, 1960. It provides an analysis of the laws regulating daily and weekly hours of work, day of rest, meal and rest periods, and nightwork; i.e., standards established by State hour laws and regu lations pursuant thereto and by State minimum-wage laws and orders. The most recent of a series of reports published by the Women’s Bureau on State hour laws for women, this bulletin supersedes Bulletin 250, issued in 1953. The first such report, “State Laws Affecting Working Women,” Bulletin 16, was issued in 1921. In the period of approximately 40 years since publication of the original bulletin, significant gains have been made in the establishment of legal hour standards governing the employment of women in virtually all States. In 1960, laws in 24 States and the District of Columbia set a maximum of 8 hours a day, 48 hours or less a week, or both; in 1921, laws in 12 States, the District of Columbia and Puerto Rico set such maximum hour standards. Today, 22 States and the District of Columbia have laws which require at least 1 day of rest in every 7 days; in 1921, 12 States and the District of Columbia had such laws. Meal periods of specified duration must be allowed women workers in one or more industries in 25 States, the District of Colum bia and Puerto Rico; whereas, approximately 40 years ago, such laws were in effect in 19 States and Puerto Rico. Nightwork for adult women is prohibited or regulated, or both prohibited and reg ulated, in one or more industries or occupations in 21 States and Puerto Rico; in the earlier period, nightwork laws for adult women were in effect in 15 States and Puerto Rico. This bulletin was prepared by Regina M. Neitzey and Josephine M. Urani, under the direction of Alice Angus Morrison, Chief of the Division of Women’s Labor Law and Civil and Political Status. The material presented in this report has been reviewed by State admin istrators in individual State reports. These separate reports are available on request to the Women’s Bureau. Esther Peterson, Director, Women’s Bureau. iii State Hour Laws for Women SUMMARY The first enforceable law which regulated the maximum hours of employment of women became effective in Massachusetts in 1879. Today, 46 States, the District of Columbia, and Puerto Rico have established standards governing at least one aspect of women’s hours of employment; i.e., maximum daily or weekly hours, day of rest, meal and rest periods, or nightwork. A number of such laws include special provisions which permit a variation from the established standards, or provide for overtime hours of work under specified conditions, or both. Only 4 States—Alabama, Florida, Hawaii1 and Iowa—have not established any legal standards governing hours of employment of women. Maximum Daily and Weekly Hours Forty-three States and the District of Columbia have laws which regulate the number of daily and/or weekly hours of employment for women in one or more industries. Seven States—Alabama, Alaska, Florida, Hawaii, Indiana, Iowa, and West Virginia—and Puerto Rico do not have such laws. Al though the laws of Alaska, Hawaii, and Puerto Rico set no maximum daily and weekly hours, minimum-wage laws require the payment of premium rates for time worked beyond hours specified. The highest standards 2 (the lowest maximum hours) established for daily and weekly hours in each of the 43 States and the District of Columbia are shown in the following analysis. Twenty-four States and the District of Columbia have laws regu lating the employment of women which establish, as their highest standard, a maximum of 8 hours a day, 48 hours a week, or both for one or more industries.* * i Although Hawaii’s “wage and hour law” does not place a limit on hours of employment, it requires payment of one and one-half times the employee's regular rate for hours over 40 a week. * If a State has set different legal maximum-hour standards for different industries, the law establishing the highest standard, i.e., the lowest maximum hours, is shown. 1 Arizona._________ _ .____ Arkansas______ ....... California..___ __ _ .____ Colorado. ______ _ . Connecticut___ __ .____ District of Columbia___ ____ Illinois_ __________ _ .____ Kansas. _ ____ _____ Louisiana.. _______ ____ Massachusetts . _ _ ____ Montana* _ __ ____ Nevada.. _ ... New Hampshire _ _ ____ 8-48 8-0 8-48 8-48 8-48 8-48 8-48 8-48 9-48 8-48 8-48 10-48 New Mexico_______ _____ New York__ ____ _____ North Carolina _ _____ North Dakota. . Ohio_____ _____ Oregon. __ . _____ Pennsylvania . _ _____ Rhode Island.. _____ Utah.. ___ ._____ Virginia _ Washington __ . ._____ Wyoming 4 8-48 8-48 9-48 8-48 8-44 10-48 9-48 8-48 9-48 88-48 *Men and women. Nine States have set as their standard a maximum 9-hour day for women, and of these all but one (Idaho) have a maximum of a 50- or 54-hour week. Maine’s law sets a 50-hour week for women production workers in manufacturing and mechanical establishments and 54 hours per week for women workers in a number of other establish ments and industries. Idaho______ ______ _________ Maine_______ . .________ Michigan _ ____ .________ Missouri . _____ ________ Nebraska.. _______ ________ 99-50 9-54 9-54 9-54 Oklahoma. _ _ __ ................... Texas.. _. . ________ Vermont___ __ ________ Wisconsin... . ________ 9-54 9-54 9-50 9-50 Nine States have a maximum of 10 hours a day and from 50 to 60 hours a week. In Georgia and South Carolina the law is limited to one type of manufacturing only—cotton and woolen goods. Delaware______ Georgia*______ Kentucky_____ Maryland_____ Mississippi____ 10-55 10-60 10-60 10-60 10-60 New Jersey 10-54 South Carolina* * 10-55 South Dakota 10-54 Tennessee 10-50 *Men and women. Minnesota has fixed no daily limit in its statute, having only a 54hour weekly limitation for manufacturing and several other industries. Virtually all State hour laws cover manufacturing; most of them apply to a variety of other industries as well. Standards are usually 3 Day-of-rest law provides, in effect, for a 4&-hour week. Nine hours a day permitted, if time worked over 8 hours a day is paid for at one and one-half times the employee’s regular rate. * A 1959 amendment to the Wyoming hour law permits hours over 8 a day, provided one and one-half times the employee’s regular rate is paid for each hour worked over 8 a day in a 12-hour period. (Hours in excess of 48 a week may be worked provided premium rates are paid for the excess hours. Op. Atty. (Jen., Nov. 6, 1959.) 2 the same for manufacturing and nonmanufacturing. However, in four States, the highest standards established for daily and weekly hours—8 hours a day and 48 hours a week—apply to nonmanufac turing; i.e., to mercantile establishments in Connecticut, to public housekeeping and telephone exchanges in Kansas, to retail stores and eating places in Montana, and to mercantile, laundry and drycleaning establishments, and offices in Ohio. For manufacturing establish ments, the maximum daily and weekly hours in these four States are: Daily Ohio ~ - - Weekly 9 9 8 9 48 49K 48 3 All maximum-hour standards (highest to lowest), applicable to women workers in one or more industries are: Maximum hours Maximum hours Daily Daily Arizona - _ Arkansas- 8 8 California 8 8 *9 Colorado 8 8 *9 Connecticut_____ - 8 9 Delaware 5___ __ District of Columbia__ Georgia ____ . Idaho_ __ Illinois 6 __ ____ Kansas ____ Kentucky Louisiana__ ______ - Maine. _________ Maryland 5- - Massachusetts___ _ Michigan__________ Minnesota__ ____ Mississippi __ ____ Missouri _ Montana-__ __ Nebraska____ ____Nevada_ New Hampshire 5 _ _ 10 8 *10 9 8 8 9 9 10 8 9 9 9 10 9 9 12 10 9 8 *8 9 8 10 10% \ Weekly 48 (* *) New Jersey___ New Mexico 5_. New York____ 48 108 (in 2 weeks) 48 108 (in 2 weeks) 48 48 58 55 48 60 48 48 49/2 54 60 48 54 50 North Carolina. North Dakota. Ohio________ Oklahoma Oregon__ Pennsylvania - _ Rhode Island -. South Carolina South Dakota.. Tennessee____ Texas________ 54 60 48 54 70 54 60 54 48 54 48 48 54 Utah_________ Vermont_____ Virginia______ Washington___ Wisconsin 5___ Wyoming 4 10 8 9 8 9 10 11 8% 9 8 9 9 8 8 10 10 10 9 *10 12 10 10 10 9 10 8 9 9 8 (*) 9 9 10 10 10 10 8 Weekly 54 48 56 48 48 48 55 55 48 54 48 48 54 44 48 44 60 48 48 55 60 54 50 54 54 60 48 50 48 60 50 54 50 54 55 60 48 *Men and women. See footnote 3 on p. 2. 4 A 1959 amendment to the Wyoming hour law permits hours over 8 a day, provided one and one-half times the employee’s regular rate is paid for each hour worked over 8 a day in a 12-hour period. (Hours in excess of 48 a week may be worked provided premium rates are paid for the excess hours. Op. Attv. Gen.. Nov. 6,1959.) * Hour law sets other maximum hour standards for nightwork. 4 Permitted Variations From Maximum Daily Hours, Weekly Hours, Days per Week Hour laws in 23 States, in addition to setting the maximum number of daily and/or weekly hours, or both, or limiting the number of days to be worked per week, include provisions which permit adjustments in the legal maximum. By these permitted variations, application of the hour laws are more flexible and adaptable to the requirements of the industries or occupations covered by the laws. With few exceptions, hours in excess of the weekly maximum are prohibited. However, a considerable number of States permit women to be employed beyond the daily maximum hour limit in various circumstances. Among these are: To make one shorter workday in the week; to make a shorter workweek; to make up time lost due to breakdown of machinery, accident, or illness; to take into con sideration the needs caused by emergencies, seasonal processing, or unusual events; or to alleviate any hardships which may result from strict application of the law. One State—Texas—requires the pay ment of double the regular rate for such longer daily hours. A few States with laws providing for an 8-hour day, 6-day workweek, permit a woman who is employed for not more than 6 hours a day to work 7 days a week. Provisions allowing variations from the maximum-hour standards are shown on the charts for the following States: Arizona California Connecticut Delaware Georgia Illinois Kansas Maine Maryland Massachusetts Michigan New Hampshire New Jersey New York North Dakota Ohio Oregon Pennsylvania Rhode Island South Carolina Texas Vermont Virginia Overtime In 34 States, overtime—hours over the maximum daily or weekly hours or more than the days per week as set by law—may be worked for specified reasons and periods of time. Because of the type of industry covered, some of the maximum-hour laws are inapplicable during parts of a year. The majority of the overtime provisions permit longer hours in seasonal industries to prevent spoilage of perishable products or to allow extra hours to be worked in mercantile or retail trade prior to or following holiday seasons, or during an emergency which may en danger the life, health, and welfare of the community. In 13 States, the laws provide that before overtime hours may be worked, permits must be obtained or authorization given by the State labor departments. Hour laws in eight States require the payment of one and one-half times the employee’s regular rate for hours worked in excess of the maximum set by law; in two States, double time. Provisions for overtime hours are shown on the charts for: Arizona Arkansas California Colorado Connecticut Illinois Kansas Louisiana Maine Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Mexico New York North Carolina Ohio Oklahoma Oregon Pennsylvania South Dakota Tennessee Texas Utah Vermont Virginia Washington Wisconsin Wyoming In addition to the 34 States with overtime provisions, Kentucky, Rhode Island, South Carolina, and Puerto Rico require extra pay for hours worked on the seventh consecutive day of the week or on Sundays and holidays. In Rhode Island, a permit must be obtained for employment on Sundays and specified holidays. Day of Rest Nearly half the States (22) and the District of Columbia have established a 6-day workweek for women in some or all industries. In two of these States—Colorado and Utah'—the law does not apply to manufacturing establishments. Arizona Arkansas California* Colorado Connecticut ** Delaware District of Columbia Illinois* Kansas Louisiana Massachusetts* Nevada New Hampshire* New JerseyNew York* North Carolina North Dakota Ohio Oregon Pennsylvania South Carolina Utah Wisconsin* •Men and women. ••Standard shown is applicable to females; anothor statute prohibits Sunday employment of all employees in commercial occupations or work in any industrial process with specified exceptions. (Employees covered by statute who are employed on Sunday must be relieved of duty for one of the 6 days following.) 6 Of the 28 States and Puerto Rico with no laws limiting the work week to 6 days, 8 States have laws applicable to both men and women which prohibit employment on Sunday with specified exceptions: Alabama Florida Maryland Minnesota Mississippi Missouri Virginia West Virginia Eight other States—Georgia, Maine, Michigan, New Mexico, Oklahoma, Tennessee, Texas, and Vermont—have Sunday “blue laws” which prohibit the performance of work by an individual. Since they do not regulate employment, these are not listed with the day-of-rest laws shown on the charts in this report. In Montana, by law, Sunday is a legal holiday. Three additional jurisdictions—Rhode Island, Kentucky, and Puerto Rico—have laws which require the payment of overtime rates to both men and women for work on the seventh day or on Sunday, thus, in effect, encouraging a 6-day workweek. The Rhode Island statute, under the jurisdiction of the State Department of Labor, prohibits employment on Sundays and holidays, but allows work of necessity and charity to be performed on such days by special permit, provided time and one-half the worker’s regular rate is paid. The Kentucky law requires the pay ment of time and one-half the worker’s regular rate for work on the seventh consecutive day for persons working at least 40 hours a week. Puerto Rico provides for a day of rest but permits work on such a day at double the employee’s regular rate. Meal Period Twenty-five States, the District of Columbia, and Puerto Rico provide that meal periods, varying from one-third of an hour to 1 hour in duration, must be allowed women employed in some or all industries. The length of the meal period is provided for by statute, order, or regulation in these 27 jurisdictions: Arkansas California Colorado Delaware District of Columbia Indiana* Kansas Louisiana Maine Maryland Massachusetts Nebraska* Nevada New Jersey* New Mexico New York* North Carolina North Dakota Ohio Oregon Pennsylvania Puerto Rico Rhode Island Utah Washington West Virginia Wisconsin •.Men and women. 7 Kentucky requires that before and after the regularly scheduled lunch period (duration not specified) rest periods be granted females; and in Wyoming, females employed in specified establishments who are required to be on their feet continuously must have two paid rest periods, one before and one after the lunch hour. Rest Period Twelve States require rest periods (as distinct from a meal period) for women workers in one or more industries. Most of the provisions are for a 10-minute rest period within each half day of work: Alaska Arizona California Colorado Kentucky Nevada New York Oregon Pennsylvania Utah Washington Wyoming The laws in Alaska, Kentucky, Nevada, and Wyoming cover a variety of industries (in Alaska and Wyoming, applicable to women standing continuously); laws in New York and Pennsylvania apply to operators of elevators not provided with seating facilities. Rest periods in one or more industries are required by wage orders in Arizona, California, Colorado, Oregon, Utah, and Washington. In addition to the 12 States, manufacturing establishments operat ing on a 24-hour schedule in Arkansas, when necessary, may be exempt from the meal-period provision if females are granted 10 minutes for each of two paid rest periods and arrangements made for them to eat at their work. Nightwork Twenty-one States and Puerto Rico have laws which either prohibit the employment of adult women at night, establish maximum-hour standards different from those established for daywork, or regulate the conditions under which women may be employed after specified evening hours. Six States and Puerto Rico have both prohibitory and regulatory laws governing the employment of women at night. Twelve of these States and Puerto Rico prohibit nightwork for adult women in certain occupations or industries, or under specified conditions. In these jurisdictions, hours of prohibited employment vary, ranging from 9 p.m. to 8 a.m. Connecticut Kansas Massachusetts Nebraska (except by permit) 8 New Jersey New York North Dakota Ohio Puerto Rico South Carolina Utah Washington Wisconsin In North Dakota and Washington, the prohibition applies only to elevator operators; in Ohio, only to taxicab drivers. Utah prohibits the employment of women in restaurants on a split shift after midnight. In six States and Puerto Eico, which prohibit nightwork in specified industries or occupations, and nine States, which do not prohibit nightwork, the employment of adult women at night is regulated in one or more industries either by limitation of maximum hours or by establishment of specific working-conditions standards. Six States and Puerto Eico both prohibit and regulate: Connecticut Kansas New Jersey New York Puerto Rico Utah Wisconsin States that regulate only: California Delaware Illinois Maryland New Hampshire New Mexico Oregon Pennsylvania Rhode Island One additional State—Arizona—and the District of Columbia prohibit only night messenger service for females under 21; the Arizona law is also applicable to males under 21. 9 STATE HOUR LAWS State ALABAMA: No law. ALASKA: General Safety Code, ch. XXVII, sec. 27-03. ARIZONA: Rev. Stat. (1956), with 1959 supp., vol. 2, sec. 8 666; vol. 8, sec. 23-281. Ibid., vol. 8, sec. 23-236. Industrial Com mission Mini mum-Wage Order 2-A, Sept. 12, 1948. Employee coverage; oc cupation or industry coverage Maximum-hour provisions Daily Weekly Days per week Permitted variations 0) Women, 18 and over. Any employment. Females................. ......... 8 (in 1348. All employment. Ex hour ceptions: Domestic work; period). telephone or telegraph offices or exchanges^ or railroad yard omces when only 3 females are employed; nurses; chil dren’s camps when on written contract basis for longer than 1-week term, except camps reg ulated by existing ordi nance of any city or town. Persons under 21 years.. Messengers for tele graph or messenger com pany in the distribution, transmission or delivery of goods or messages in incorporated cities or towns. Women and minors un 2 periods der 21. within Laundry and Dryclean 12 hours. ing Industry. (SEE Appendix I.) ARKANSAS: Stat. Annotated 1947, with 1955 supp., vol. 7, secs. 81-601 through 81-607, 81-614, 81-617, 81-619, 81-622. Females____________8. Manufacturing, me chanical or mercantile establishment; laundry; express or transporta tion company; hotel, restaurant, eating place; bank, building and loan association, insurance company, finance or credit business, or em ployment in any capac ity. Exceptions: Do mestic, agricultural or horticultural employ ment; cotton factories; gathering of fruit or farm products; switchboard operators in small tele phone exchanges ex empt under provisions of the Fair Labor Stand ards Act; railroad em ployees whose hours are regulated by F e d e r a 1 law; processors or canners of fruits and vege tables subject to and complying with the Fair Labor Standards Act; and upon application, by permit, females em ployed in executive or managerial capacity.2 By law, banks and trust companies complying with wage and hour pro visions of the Fair Labor See footnotes at end of table. 10 6. 6. Adult women may be em ployed 7 days a week, if daily hours do not exceed 6. FOR WOMEN Nightwork Overtime 0) Provisions do not apply to or affect females engaged in harvesting, curing, canning, or drying any variety of perishable fruits or vegetables, during pe riods necessary to harvest, cure, can, or dry fruit or vegetables to save from spoiling. Meal period Rest period Prohibited Regulated 10-minute period after 2 hours for women required to stand at their work. 10 p.m. to 5 a.m. One 10 minutes each half day worked, or 2 such periods during any full working shift, paid for at em ployee's regular rate. 114 times the regular rate must be paid for hours over 8 a day and on 7th consecutive day. Per mit from Commission er must be obtained for: (a) Overtime of a permanent nature in excess of one hour a day; and (b) for work on 7th consecutive day, not to exceed 90 days. 9-hour day for hotels and restaurants may be established by regulation of Commis sioner. 30 minutes after 6 In manufacturing or fabricating continuous establishments, hours of work, exempt from except 6J4 hours meal period for employee provision, dismissed for where 24-hour day by 1:30 p.m., continuous op where 3 or more eration is nec females are em essary or where ployed. shutdown Not less than Y\would result in hour for lunch.* loss of product: 10 minutes for each of 2 peri ods, 1 in first half and 1 in last half of workday. (Suitable ar rangement must be made for females to eat at their machines or place of work.) 11 STATE HOUR LAWS State Employee coverage; oc cupation or industry coverage Maximum-hour provisions Daily Weekly Days per week ARKANSAS—Con. Stat. Annotated Standards Act meet re 1947—Con. quirements of provi sions of female labor law. Ibid., sec. 81-410.. Women....... ................... Factory, manufactur ing establishment, work shop or other places with 6 or more men and women employees. CALIFORNIA: Annotated Codes (West's 1955), with 1959 supp., vol. 44, secs. 1350, 1352, 1352.1; Act 4052 as amended by ch. 99 (L. 1959). Females, 18 years and over. Manufacturing, me chanical, mercantile es tablishment; laundry; cleaning, dyeing, or cleaning and dyeing es tablishment; hotel, pub lic lodginghouse, apart ment house, hospital, beauty shop, barber shop, amusement place, restaurant, cafeteria, tel egraph or telephone of fice, elevator operator in office building, express or transportation com pany. Exceptions: Ex ecutives, administrators, or professional women, l.e., employee engaged in work which is pre dominately intellec tual, managerial, or cre ative, which requires exercise of discretion and independent Judg ment and for which re muneration is not less than at the rate of $350 a month; or employee licensed or certified by the State and engaged in the practice of law, medicine, dentistry, ar chitecture, engineering, or accounting. Ibid., secs. 850, 851, 851.5, 852, 854. J8 (in any day of 24 hours). Men and women............ * 9 (averThe sale at retail of age), drugs and medicines, or compounding of physi cian's prescriptions in any store, dispensary, pharmacy, laboratory, or office, including regis tered pharmacists.4 See footnotes at end of table. 12 48. 108 (in 2 consec utive weeks). (8) Permitted variations FOR WOMEN—Continued Nightwork Meal period Overtime Rest period Prohibited Regulated 1 hour must be al lowed for meals if lunchroom not provided on premises, and during such hour women shall be per mitted to leave establishment. The 8-hour law does not apply to: Graduate nurses, li censed vocational nurses, clinical lab oratory technicians or technologists, and X-ray labora tory technicians in hospitals during an emergency. 1H times straight time hourly pay for hours over 8 a day must be paid to licensed vocational nurses, technolo gists, or technicians. Harvesting, curing, canning or drying of any variety of perishable fruit, fish, or vegetable during periods when necessary to harvest, cure, can, or dry such prod ucts to prevent spoilage. Processing of biologicals, human blood products and other such products of laboratories operat ing under license from the U.S. Treas ury and U.S. De partment of Agri culture during peri ods when it is necessary to con tinue such proces sing to prevent spoilage. ALSO SPECIAL PROVISION FOR DEFENSE EMERGENCY, until 91st day after adjournment of 1961 Legislature. The hour provisions do not apply in case of accident, death, sickness or epidemic. Not to exceed 1 hour. 577081—61------ 2 13 STATE HOUR LAWS State CALIFORNIA— Continued Annotated Codes—Con. secs. 551,554 and 556. Industrial Wel fare Commis sion Orders, Nov. 15, 1957. Ibid. Employee coverage, oc cupation or industry coverage Maximum-hour provisions Daily Women and minors un der 18 years. Manufacturing Indus try, No. 1-57; Personal Service Industry, No. 2 57; Professional, Tech nical, Clerical, and Sim ilar Occupations, No. 4-57; Public Housekeep ing Industry, No. 5-57; Laundry, Linen Supply, Dry Cleaning, and Dye ing Industry, No. 6-57; Mercantile Industry, No. 7-57; Transportation In dustry, No. 9-57; Amuse ment and Recreation In dustry, No. 10-57; Broad casting Industry, No. 11-57. Exceptions: Ex ecutives, administrators, professional women. (SEE Appendix I.) Women and minors under 18. Canning, Freezing, and Preserving Industry, No. 3-57; and Industries Handling Products A fter Harvest, No. 8-57. Ex ceptions: Executives, ad ministrators, professional women. (SEE Appendix I.) See footnotes at end of table. 14 8 in 13 (11 hours must elapse between the end of one work day and begin ning of next, ex cept 8 hours in bonafide change of shift). *8.. Days per week Permitted variations 1 day's rest in 7, except in emer gency. Men and women.......... Any occupation of la bor. Exceptions: Work performed in care of animals, crops, or lands; protection of life or prop erty; common carrier engaged in or connected with movement of trains; employees work ing under collective bargaining agreements. Weekly Provision does not apply when total hours do not exceed 30 a week or 6 in any 1 day. If nature of work requires that em ployee works 7 or more consec utive days, days of rest may be accumulated and equivalent time off allowed during calendar month. Employment on 7th day permit ted when total hours do not ex ceed 30 a week or 6 a day. 6................ Employment on 7th day permit ted when total hours do not exceed 30 a week or 6 a day. FOR WOMEN—Continued Nightwork Overtime Meal period Rest period Prohibited Regulated SPECIAL PROVI SION FOR DE FENSE EMER GENCY. Permitted for women 30-minute period 10-minute paid period for each after 5 hours' 18 years and overf in 4 hours' work, emergencies, when work, except on or major fraction a 6-hour work not prohibited by law thereof, insofar day. or when necessary to as practicable in prevent perishable “On-duty" meal middle of work period permit products from spoil ted when nature * period, except ing. V/i times regular on days totaling of work pre rate must be paid for less than 3)6 vents relief from over 8 hours a day hours. Exemp all duty; to be and over 6 days a tion by Commis counted as time week; over 54 a week sion may be au worked. Ex for specified resident thorized. emption by Com housemothers and mission may be resident managers of authorized. homes for the aged (on maximum 54hour work-week). Permitted for women 18 years and over dur ing periods necessary to prevent spoiling or in emergencies when not prohibited by 8hour law; maximum of 72 hours in any 7 consecutive days al lowed, if followed by a 24-hour no-work period. 1H times regular rate must be paid for hours over 8 up to and including 12 a day, and for first 8 hours on 7th consec utive day; double time for hours over 12 a day, over 8 on 7th day, except on 7th day when total hours do not exceed 30 a week, 6 a day. ALSO SPECIAL PROVISION FOR DEFENSE EMER GENCY. .do. do. No woman shall be required to re port for work between 10 p.m. and 6 a.m. unless suitable trans portation is available. If meal period occurs during these hours, hot food and drink facilities must be available. Do. 15 STATE HOUR LAWS State CALIFORNIA— Continued Industrial Wel fare Commis sion Order, Jan. 1, 1958. COLORADO: Rev. Stat., 1953, with 1957 supp., vol. 4, sec. 80 7-13. Ibid., vol. 3, sec. 48-2-1, 48-2-2. Minimum-Wage Order No. 13, May 4, 1956. Minimum-Wage Order No. 10, May 4,1956. Maximum-hour provisions Employee coverage; oc cupation or industry coverage Daily Women and minors under 18. Motion Picture Indus try, No. 12-57. Excep tions: Professional ac tors and actresses; exec utive, administrators, and professional women. (SEE Appendix I.) 8 (in a cal endar day of 2.4 hours). Men and women The sale at retail of drugs and medicines or compounding of physi cians’ prescriptions in any store, dispensary, pharmacy, laboratory, or office.3 Women and minors under 18. Beauty Service Occu pations. (SEE Appendix I.) 9 (average). Days per week 1 (10 hours must elapse between the end of one work day and the be ginning of the next). Females Manufacturing, me chanical or mercantile establishment; laundry; hotel or restaurant.1 Weekly Women and minors under 18. Laundry Industry. (SEE Appendix I.) See footnotes at end of table. 16 8 8. 108 (in 2 consec utive weeks). 0 Permitted variations FOR WOMEN—Continued Nightwork Overtime Meal period Rest period Permitted for women 18 years and over in emergencies; maxi mum of 16 hours in cluding meal periods in any one day from the time required to report to work until dismissed. 1H times regular rate must be paid for hours over 8 up to and including 12 a day and for first 8 hours on 7th con secutive day; double time for hours over 12 a day, over 8 on 7th day. 30 minutes, not more than 1 hour, after 6J4 hours’ work. “On-duty” meal period per mitted when nature of work prevents relief from all duty; to be counted as time worked. Exemption by Commission may be author ized. 10-minute paid period for each 4 hours’ work, or major frac tion thereof, in sofar as possible in middle of work period, except on days totaling less than 3Yi hours. Additional inter im rest periods during actual rehearsal or shooting must be given to swimmers, dancers, skaters, and other perform ers engaged in strenuous physi cal activities. Exemption by Commission may be author ized. Prohibited Regulated Food and hot drink shall be provided em ployees required to work after 11:30 p.m. When employees are required to work at night and are not dis missed in time to return home by public serv ice transporta tion, transporta tion shall be pro vided by em ployer. In case of emergencies or conditions de manding immediate action or in case of processing of seasonal agricultural products, over 8-hours’ work In a calendar day per mitted on payment of time and one-half em ployee’s regular hour ly rate, provided that a permit is first ob tained from the In dustrial Commission. Hour provisions do not apply in case of acci dent, death, sickness, or epidemic. In cases of emergency, females may be per mitted to work over 8 hours a day, by per mit from Industrial Commission. 1J4 times regular rate must be paid for hours over 8 a day, 44 a week. Emergency employ ment in excess of 8 hours a day and 44 hours a week per mitted; by permit from Industrial Com mission for hours in excess of 8 a day. 1H times regular rate must be paid for hours over 8 a day, 44 a week. 30 minutes............ “On-duty” meal period, counted as time worked, permitted when nature of work prevents relief from all duty. Not less than 30, nor more than 90, minutes; not' to be counted as working time. 10-minute paid period for every 4 hours of work ing time, or major fraction thereof. do. 17 STATE HOUR LAWS State COLORADO— Continued Minimum-Wage Order, No. 12, May 4, 1956. Minimum-Wage Order, No. 11, May 4, 1956. Maximum-hour provisions Employee coverage; oc cupation or industry coverage Daily Weekly Women and minors un der 18. Public Housekeeping Industry. (SEE Appendix I.) 8. 8. 48. CONNECTICUT: General Stat. (Re Females and minors un vision 1958), vol. der 18. Mercantile establish 6, secs. 31-13, 31-19; and Ad ments. Exceptions: Per ministrative manent salaried employ Regulations, De ees in executive, mana partment of La gerial, or supervisory bor (1948). positions excepted from the provisions of the minimum-wage law who receive a regular salary of not less than the mini mum fixed for such em ployment in any wage order or administrative regulation issued under the minimum-wage law.3 Ibid., sec. 31-12— Females and minors un 9................ 48. der 18. Any manufacturing * or mechanical establish ment. Ibid., sec. 31-18__ Females and minors un der 18. Public restaurant, cafe, dining room, bar ber shop, hairdressing or manicuring establish ment or photograph gal lery. Exception: Hotels. Ibid., sec. 31-17— Women........... ................ Bowling alley, shoeshining establishment, or billiard or pool room. Ibid., vol. 9, sec. Men and women......... . 53-302. Any commercial occu pation or any industrial process, with specified exceptions. See footnotes at end of table 18 Permitted variations 48.. Women and minors under 18. Retail Trade Industry. (SEE Appendix I.) Days per week 10 hours’ employ ment permitted on 1 day in week, to pro vide 1 shorter workday in week. FOR WOMEN—Continued Nightwork Overtime Meal period Rest- period Prohibited Regulated In cases of emergency 30 minutes after 5 10-minute paid pe hours of work, riod for every 4 or conditions demand except on 6-hour hours of work. ing immediate action, workday. females may be per “On-duty" meal mitted to work over 8 period, counted hours a day, by per as time worked, mit from Industrial permitted when Commission. 1^ times nature of work employee’s regular rate must be paid for prevents relief from all duty. hours over 8 a day, 48 a week. 10-minute paid pe In cases of emergency Not less than 30, nor more than riod for every 4 or conditions demand hours of work 90, minutes; not ing immediate action, to be counted as over 8 hours a day ing time, or ma jor fraction there permitted; by permit working time. of. from Industrial Com mission. times reg ular rate must be paid for hours over 8 a day, 48 a week. Overtime permitted dur ing Dec. 18-25, if em ployer grants at least 7 holidays with pay annually. 10 hours a day, 52 hours a week, for not more than 4 weeks in any 12 months may be al lowed by Commis sioner of Labor and Factory Inspection in cases of emergency and of seasonal or peak demand. By regulation; 1 a.m.-6a.m.for female as sole occupant of es tablishment. Do.»a 10 hours a day, 55 hours a week for not more than 8 weeks in any 12 consecutive months may be allowed by Commissioner of La bor and Factory In spection, in emergen cy or seasonal or peak demand. ALSO SPECIAL PROVISION FOR DEFENSE EMER GENCY. 1 a.m.-6 a.m.i by permit issued to employer com plying w ith health and welfare regu lations and trans portation 2 re quirements. Do.i 2 After 10 p.m. 19 STATEIHOUR LAWS State Employee coverage; oc cupation or industry coverage Maximum-hour provisions Daily DELAWARE: Code Annotated Females, 16 and over___ 110___ (1953), with 1968 Any mercantile, me (SEE supp., vol. 10, chanical or manufactur Nighttitle 19, ch. 3, ing establishment; laun work.) dry; baking or printing secs. 301, 302, 304. establishment, tele phone aud telegraph of fice or exchange; restau rant, hotel, place of a musement, dressmaking establishment or office. Exceptions: Canning or preserving or prepara tion for canning or pre serving of perishable fruits and vegetables. Ibid., sec. 516. Persons under 21______ Messengers for tele graph, telephone or mes senger company in the distribution, collection, transmission or delivery of goods in any town or city with population of over 20,000 persons. DISTRICT OF COLUMBIA: Code 1951, with 1960 supp., pt. 5, vol. 2, secs. 36-301, 36-303. Females........................... 8. Manufacturing, me chanical, or mercantile establishments; laun dry, hotel, restaurant, telegraph, or telephone establishment or office; or express or transporta tion company. Weekly Days per week Permitted variations 1 55.. 6------------ 12 hours permitted on 1 day of each week, upon con dition that total hours for any week shall not exceed 55. 48. 6. Ibid., sec. 36-206._ Females, 18 to 21. Messengers. FLORIDA: No law................................................... GEORGIA: Code Annotated (1935), with 1958 supp., title 54, sec. 201. Men and women............ 10. Cotton or woolen man ufacturing establish ments. Exceptions: En gineers, firemen, watch men, mechanics, team sters, yard employees, clerical force, and all help needed to clean up and make necessary re pairs or changes in or about machinery. HAWAII: No law................. IDAHO: Code Annotated (1947), with 1959 supp., vol. 8, sec. 44-1107. Females, 16 and over_ _ 9. Mechanical or mer cantile establishment; laundry, hotel, or res taurant, telegraph or I telephone establishment; See footnotes at end of table. 20 <*) 60. Daily hours may be regulated by employers pro vided number of hours do not in the aggregate ex ceed 60 hours a week. Employees may work such time as necessary to make up lost time, not to ex ceed 10 days, caused by acci dents or other unavoidable cir cumstances. FOR WOMEN—Continued Night work Overtime Meal period Rest period Prohibited Regulated If any part of daily employment of females is per formed between 11 p.m. and 7 a.m. of the fol lowing day, such female shall not be em ployed more than 8 hours in any 24. Not less than 30 minutes for meals. % of an hour after 6 con secutive hours of work, except 6Vi hours, if em ployment for day ends not later than 1:30 p.m. and work er is dismissed for the day. 10 p.m.-6 a.m.__ % hour after 6 continuous hours of work, except establish ments with 2 or fewer female employees. Work period of 6H hours per mitted if em ployment ends not later than 1:30 p.m. and employee is dis missed for the day. 7 p.m.-6 a.m___ <*> 21 STATE HOUR LAWS State Employee coverage; oc cupation or industry coverage Maximum-hour provisions Daily IDAHO—Con. Code Annotated— office, express or trans Continued portation company, i Exceptions: Harvesting, packing, curing, canning, or drying perishable fruits or vegetables. ILLINOIS: Annotated Stat. Females, 16 and over___ (Smith-Hurd, Mechanical or mer 8..... . (SEE 1950), with 1959 cantile establishment; Nightsupp., ch. 48, factory, laundry, hotel, work.) secs. 5, 5a, 8.1. restaurant, barbershop, beauty parlor, telegraph or telephone establish ment or office thereof; place of amusement; ex press or transportation or public utility busi ness; common carrier; public or private insti tution or office there of.1 Exceptions: Grad uate nurses; operators for a telephone company in an agency in a private residence or place of business other than an exclusive telephone establishment. Ibid., secs. 8a-8c* 8h. INDIANA: Stat. Annotated (Burns, 1952), with 1957 supp., as amended by ch. 51 (L. 1959), vol. 8, Pt. 1, sec. 40-1007. Men and women______ Factory,2 mercantile establishment; trans portation or public serv ice company; hotel, apartment hotel, restau rant, hospital, laundry, telephone or telegraph establishment; banking institution, brokerage business, theater, freight or passenger elevator, or any employ er engaged as a contrac tor to furnish labor upon contract to any person, municipality, or county institution, or any office thereof. Exceptions: Janitors, watchmen, superintendents, or fore men; employees engaged for not more than 3 hours on Sunday setting sponges in bakeries, caring for live animals, maintaining fires or electrical current, or necessary repairs to boilers, machinery, equipment, or power.3 Men and women______ Manufacturing or mercantile establish ment; mine, quarry, laundry, renovating works, bakery, or printing office. IOWA: No law. See footnotes at end of table. 22 Weekly Days per week 48. Permitted variations In other than mercantile establishments, 9 hours may be worked on 1 day a week if weekly hours do not exceed 48. 6 (24 con secutive hours of rest in each calen dar week). FOR WOMEN—Continued Night work Overtime Meal period Prohibited Regulated Telegraph or tele phone operators may be em ployed not more than 10 hours between 7:30 p.m. and 8 a.m., if sleeping facili ties are provided and operator is allowed at least 4 hours of sleep. In mercantile estab lishments during 4 weeks in calendar year, 9 hours a day, 54 hours a week, per mitted. In canneries between June 1 and October 15 10 hours a day, 60 hours a week, per mitted. In public emergencies, employment neces sary to furnish essential public serv ices such as com munication, sewage disposal, water sup ply, light, gas, and transportation are exempt from provi sions of hour law fora period not to exceed 48 hours. ALSO SPECIAL PROVISION FOR DEFENSE EMER GENCY. SPECIAL PROVI SION FOR DE FENSE EMER GENCY Rest period 60 minutes for noonday meal. In special cases and for good cause, chief in spector may issue permits for shorter meal time. 23 STATE HOURZLAWS State KANSAS: i Industrial Wel fare Order No. 1 (1939). Ibid., No. 2 (1939). Ibid., No. 3 (1939). Employee coverage; oc cupation or industry coverage Daily Women and minors....... Laundry Occupations, i.e., laundries, dyeing, drycleaning, and press ing establishments. 9 (in 10 consec utive hours, except in 12 hours in case of break down of machinery). Women and minors____ 9_ Manufacturing, i.e., all processes in the pro duction of commodities; work performed in flor ists’ shops, candymaking departments of confec tionery stores and bak eries, millinery work rooms, dressmaking es tablishments, hemstitch ing and button shops, alteration, drapery and upholstery departments. (Such departments in mercantile establish ment may be granted permission to operate under the mercantile order. Women and minors___ Mercantile Occupa tions, i.e., work in estab lishments operated for the purpose of trade in the purchase or sale of goods or merchandise, including the sales force, wrapping employees, auditing and checking force, shippers in the mail-order department, receiving, marking, and stockroom employees, sheet-music saleswomen and demonstrators, and all employees in such establishments in any way directly connected with the sale, purchase, and disposition of goods, wares, and merchandise. Exception: Regularly registered pharmacists. See footnotes at end of table, 24 Maximum-hour provisions 9 (in 10 consecu tive hours.) Weekly Days per week Permitted variations 49H- 49H....... 6. 54. 6....... ........ 10 hours in 13 consecutive hours permitted 1 day of each week, provided maximum hours (54) are not exceeded. FOR WOMEN—Continued Nightwork Overtime Meal period An additional hours a week may be worked, provided daily maximum is not exceeded. 1 hour, after not more than 6 hours of work, except Vi hour, upon applica tion to Labor Department if both employer and employee prefer shorter period. Overtime of 4Vi hours a 45 minutes, after 5 week allowed in cases hours of work of emergency. In sea except, upon ap sonal industries han plication, Labor dling perishable food Department products, such as can may grant short neries, creameries, er lunch period. condenseries, and 30 minutes when poultry houses, the industry is oper full amount of over ated on 8-hour time is allowed for 6 basis. weeks during their peak season or for 2 periods a year not to exceed 3 weeks each. Cream testers may work 6Vi days a week between May 1 and September 1, if week ly hours do not exceed 54. In a poultry dressing and packing business, during the season from October 15 to December 24,11 hours a day and 58 hours a week are permitted for 4 of the 6 weeks’ peak season, and 11 hours a day and 60 hours a week for the remaining 2 weeks, provided 1 of these latter weeks falls be tween November 1 and Thanksgiving Day, and the other between Thanks giving Day and Christmas. 1 hour after no more than 5 hours of work, except 45 min utes, upon application to Labor Depart ment, if both employer and employee prefer shorter period. Rest period Prohibited Regulated 9 p.m. to 6 a.m.„ After 9 p.m., except after 10 p.m. one day of the week, by temporary order, in such communities as the agri cultural trade may demand. 25 STATE HOUR LAWS State KANSAS—Con. Industrial Weifare Order No. 4 (1939). Ibid., No. 5 (1939)- KENTUCKY: Rev. Stat. (1958), sec. 337.380. Ibid., sec. 337.305- Ibid., secs. 337.370, 339.210. Minimum-Wage Orders, as amended by ch. 36 (L. 1958). Maximum-hour provisions Employee coverage; oc cupation or industry coverage Public Housekeeping Occupations. (SEE Ap pendix I.) Telephone Exchange or Office. Exceptions: Small exchanges requiring not more than 2 opera tors on duty at one time; exchanges in residences operated by members of house hold. Laundry, bakery, fac tory, workshop, store, or mercantile, manufac turing, or mechanical establishment, or hotel, restaurant, telephone ex change, or telegraph office. Daily Weekly Days per week 8_______ 48.............. 3 8 (in 2 shifts or “tours,” one of which shall not exceed 6 hours). 48 ... 10 60........... 0) 10 60 « Any employment. Females under 21 (18 to 21). Any gainful occupa tion. Exceptions: Do mestic service, nursing, farmwork, casual do mestic employment, de livery of newspapers on regularly scheduled routes. (>) All Industries and Oc cupations (May 27, 1947); Hotel and Res taurant Industry (July 15, 1954). (SEE Appendix I.) Ibid.................. . m Laundry, Dry Clean ing, and Dyeing Industry (Apr. 1,1942). (SEE Appendix I.) LOUISIANA: Females, 18 and over__ In communities of 6,000 population or more, manufacturing, me chanical, or mercantile establishment; laundry, hotel, theater, restau rant, telegraph or tele phone establishment; transportation com pany; or operator of a freight or passenger ele vator. Exceptions: Fe males employed in agri culture, domestic serv ice, or in an executive capacity; processing, packing, and canning of fish, seafood, fruits, and See footnotes at end of table. tated (West's, 1950), with 1959 supp., vol. 16, secs. 23:291, 23:331-333, 23: 337. 26 8 _ 48 - ........ i 6............. Permitted variations FOR WOMEN—Continued Night work Overtime Provisions do not apply in cases where, be cause of emergencies, restrictions of hours of work would result in interruption or impairment of service to the public. Meal period Rest period Regulated (2) 20 minutes for each meal after no more than 5 hours of work. For operators em ployed after 11 p.m., total work time, plus rest and sleep time, must be per formed within 12 consecutive hours. (SEE Rost Period.) (1 Yi times minimumwage rate must be paid for hours over 48 a week, except occu pations regulated under Federal Fair Labor Standards Act. Weekly maxi mum for females, 60 hours.) (114 times minimumwage rate must be paid for hours over 44 a week in Zones 1 and 2; over 48 a week in Zones 3 and 4. Weekly maximum for females, 60 hours.) Prohibited 10-minute paid period after 4 hours of work, optional with employees, in addition to lunch period. (SEE Rest Period.) 19-minute paid period after 4 hours of work in addition to lunch period. do. do. In establishments in which 3 or more females are employed, at least 30 minutes after 6 continu ous hours of work; except 613 hours, if employ ment ends and employee is dis missed for day. 27 STATE HOUR LAWS State Employee coverage; oc cupation or industry coverage Maximum-hour provisions Daily LOUISI AN A—Con. Rev. Stat.— vegetables; fishing in Continued dustry; processing of sugarcane or sorghum into sugar, molasses, or syrup; stenographic, bookkeeping or other office or clerical work except when such work is performed for laun dries, hotels, or restau rants; file, route, or in formation clerks; mul tiplex, teleprinter, tele phone, telegraph, or switchboard operators.2 Ibid., secs. 23: Females, 18 and over__ 9__. 291, 23:311-313. Mine, packinghouse, bowling alley, boot black establishment; distribution of merchan dise; place of amuse ment where intoxi cating liquors are made or sold;8 or any other occupation not covered by the 8-48-hour law. Exceptions: Females em ployed in agriculture, domestic service, or in an executive capacity. MAINE: Rev. Stat. 1954, Females, 16 and over. with 1959, 1. Workshop; factory; 19supp., vol. 1, manufacturing, mechan ch. 30, secs. ical establishment (SEE 30-30, 39. 9-50-hour maximum for production workers); mercantile establish ment, beauty parlor, hotel, commercial place of amusement, restau rant, dairy, bakery, laundry, drycleaning es tablishment, telegraph office, telephone ex change with more than 750 stations, express or transportation company. 2. Production workers 19.. in any workshop, fac tory, manufacturing, or mechanical establish ment. Exceptions: Manufacturing estab lishment or business, the materials and prod ucts of which are perish able and require imme diate labor thereon; any females working in an executive, administra tive, professional, or supervisory capacity, or their personal office as sistants who receive an annual salary of more than $1,560, and those employed in offices of common carriers subject to the Federal Railway Labor Act. bee footnotes at end of table. Weekly Days per week Permitted variations 54. 10 hours in any 1 day may be worked to make a shorter day's work for 1 day of the week. 150- FOR WOMEN—Continued Nightwork Overtime Meal period During emergencies, 10hour day and 60-hour week permitted in packing plants, can ning plants and fac tories handling fruits, seafoods, vegetables, and perishable foods. Rest period 30 minutes each day for a meal; not to be counted as hours worked. Relaxation of hours 30-minute consec may be made, on utive rest peri od after 6J4 written employerhours of work in employee agreement approved by Com establishments missioner, for not with 3 or more more than 15 days, female employ singularly or consec ees, except tele utively, in calendar phone exchange year, on proof of ne for night opera tor who may cessity, extraordinary sleep during requirements or emer major part of gencies. Public service employ night. By per ees are exempt from mit from Com hour provisions, in missioner, cases of emergency shorter rest peri ods may be fixed involving danger to property, life, public in manufactur safety or public health ing establish ment if necessary or in cases of extra ordinary public re due to continu ous nature of quirement. 54-hour weekly maxi processes or mum inapplicable (1) special circum between Dec. 17 and stances affecting Dec. 24, inclusive, for such manufac mercantile establish turing establish ments, beauty parlors, ment, if shorter rest periods will hotels, commercial not be injurious places of amusement, to health of fe restaurants, dairies, males affected bakeries, laundries, drycleaning establish thereby. ments, telegraph of fices, telephone ex changes with more than 750 stations, ex press or transporta tion company; and (2) 8 days prior to Easter Sunday in millinery shops or stores. ALSO SPECIAL PROVISION FOR DEFENSE EMER GENCY. 577981—61------ 3 Prohibited Regulated (SEE Meal Period.) 29 STATE HOUR LAWS State MARYLAND: Annotated Code 1957, with 1959 supp., vol. 8, art. 100, sec. 52. MASSACHU SETTS: General Laws Annotated (1958), with 1959 supp., vol. 22, ch. 149, secs. 1, 56, 58, 59, 66, 68, 99-101; ch. 85 (L. 1960). Employee coverage; oc cupation or industry coverage Females,! 18 and over.. Manufacturing, me chanical, mercantile, printing, baking, or laundering establish ment.3 Exceptions: Canning or preserving, or preparing for canning or preserving of perish able fruits and vege tables. Maximum-hour provisions Daily 60.. (SEE Nightwork.) Women and minors, 16 to 18. Factory or workshop, or any manufacturing, mechanical, or mercan tile establishment (in cluding premises used for a restaurant or for publicly providing and serving meals, and prem ises used in connection with cleansing, dyeing, laundering, or pressing fabrics or wearing ap parel), hospital (non professional personnel), telegraph office or tele phone exchange (includ ing switchboard oper ator in a private ex change), express or transportation com pany, private club, of fice, letter shop, finan cial institution, laun dry, hotel, manicuring or hairdressing estab lishment, motion-pic ture or other place of amusement, garage, ele vator operators in such establishments or in any building occupied in whole or in part by any such establishment, or in any office building. Exceptions: Persons de clared by Commissioner to be employed in a supervisory capacity or persons serving exclu sively as personal secre taries. 9 (in 10) i. Girls between! 6 and’21; boys between 16 and 18. TTBarbershop, bootblack stand or establishment, stable (elsewhere than on a farm), garage, brick or lumber yard, con struction or repair of buildings, or radio broad casting station, except las talent. See footnotes at end of table. 9 (in 10)— Ibid., secs. 60, 66 and 67. 30 Weekly 48_. Days per week Permitted variations (2) Up to 12 hours may be worked on Saturdays, Christmas Eve, and 5 working days preceding Christmas Eve in retail mer cantile establish' ments outside City of Balti more, provided 2 rest periods of not less than 1 hour each are granted on each of such days and workday during remainder of cal endar year does not exceed 9 hours. Overtime per mitted to make up time lost on a previous day of the same week due to stoppage of ma chinery on which worker is dependent, pro vided stoppage is not less than 30 consecutive minutes. De partment must be notified within 48 hours. Office workers may be permit ted by Commis sioner to exceed 9 hours a day but not 48 hours a week. In manufacturing establishments and hotels where employ ment is deter mined by De partment of La bor and Indus tries to be sea sonal, 52 hours a week allowed if average for year does not exceed 48 a week, ex cept that in fish processing 52 hours a week permitted only during months of June through October. FOR WOMEN—Continued Nightwork Overtime Meal period Rest period Prohibited If any part of work is done before 6 a.m. or after 10 p.m. of said day, not more than 8 hours in any 1 day per mitted. In establishments with 3 or more female employ ees, J^-hour interval after 6 continuous hours of work, except 6Yi hours if not permitted to work during remainder of day. (SEE entry under PERMITTED VARIA TIONS.) Nonprofessional hospi tal employees in emergencies may work overtime, if Commissioner au thorizes such over time. In extraordinary emer gencies, overtime al lowed in public serv ice or other businesses requiring shifts, De partment of Labor must be notified. ALSO SPECIAL PROVISION FOR EMERGENCY OR CONDITION OF HARDSHIP.2 SPECIAL PROVI SION FOR EMER GENCY OR CON DITIONS OF HARDSHIP.2 After 6 hours of employment: 45 minutes in mer cantile establish ments; 30 min utes in factory, manufacturing or mechanical establishment, or workshop. Exceptions: Iron and glass works, papermills, let terpress estab lishments, print, bleaching and dyeing works. Commissioner of Labor and In dustries may ex empt a mechan ical establish ment, factory or a workshop from statute’s meal-period pro visions, if he de termines that continuous na ture of plant’s processes or special circum stances affecting a plant warrant such dispensa tion. He must be satisfied that employee's health will not suffer. Regulated 11 p.m. to 6 a.m. for females employed in any capacity in manufac turing or me chanical es tablishments; and for girls under 2i in regular serv ice telephone exchanges or telegraph of fices. 10 p.m. to 6 a.m. for girls be tween 16 and 21, boys be tween 16 and 18 in mercan tile establish ments. 10 p.m. to 5 a.m. for minors un der 21 as mes sengers for telegraph, telephone, or messenger company, ex cept delivery of messages directly con nected with conducting or publishing of newspapers to or between newspaper offices. 10 p.m. to 6 a.m. 31 STATE HOUR LAWS State MASSACHU SETTS—Con. General Laws Annotated— Con., secs. 48, 49, 50, 51A. Employee coverage; oc cupation or industry coverage Maximum-hour provisions Daily Weekly MICHIGAN: Stat. Annotated 1950, with 1959 supp., Rev. vol. 12, sec. 17.19. Females, and males un 9 (average, der 18. 10 maxi Factory, mill, ware mum). house, workshop, quar ry; clothing, dressmak ing, or millinery estab lishment; any place where the manufacture of goods is carried on, or where goods are pre pared for manufacturing; laundry, store, shop, 2 or other mercantile establishment, office,3 restaurant, theater, con cert hall, music hall, hotel, hospital, street or electric railway; elevator operator. Exceptions: Fruit and vegetable can ning or fruit-packing es tablishments engaged in preserving and shipping perishable goods; stu dent and graduate nurses in hospitals or nurses in fraternal or charitable homes. (Excepted em ployments must be ap proved by Labor Depart ment as not being inju rious to worker's health.) See footnotes at end of table. 32 54. Permitted variations 24 consec utive hours of rest in every 7 days.3 Men and women......... . Workshop, or manu facturing, mechanical, or mercantile establish ment (including prem ises used for a restaurant or for publicly providing and serving meals, and premises used In connec tion with cleansing, dye ing, laundering, or press ing fabrics or wearing apparel); watchmen (including guards in banks); employees main taining fires; also women and minor elevator op erators in the establish ments covered by this law. Exceptions: Manu facture or distribution of gas, electricity, milk, or water; hotels, drug stores, livery stables or garages; the transporta tion of food, or the sale, or delivery of food by establishments other than restaurants; jani tors, employees whose duties include no work on Sunday other than (1) setting sponges in bakeries, (2) caring for live animals, (3) caring for machinery; the prep aration, printing, pub lication, sale, or delivery of newspapers; farm or personal service. Days per week Commissioner may grant exemptions under condi tions as he deems necessary for a period not exceeding 60 days. FOR WOMEN—Continued Nightwork Overtime 12-hour day permitted female floral designers employed in flower shops or greenhouses for the 3 days preced ing the holidays of Valentine’s Day, Easter, Mother’s Day, and Christmas, with approval of the Com mission. Meal period Rest period « Prohibited Regulated STATE HOUR LAWS State MICHIGAN—Con. Department of Labor Regula tions Affecting Employment of Adult Females and Minors for the Canning Season. MINNESOTA: Stat. Annotated (1945), with 1969 supp., vol. 13, sec. 181.18. MISSISSIPPI: Code Annotated 1942, with 1958 supp., recom piled vol. 5A, sec. 6993.8 MISSOURI: Annotated Stat. (Vernon’s, 1949), with 1959 supp., vol. 15, sec. 290.040. Maximum-hour provisions Employee coverage; oc cupation or industry coverage Females, 18 and overCanning season.* Daily 12 Weekly Days per week 70_______ In emergencies, adult females may be em ployed up to a maximum of 14 hours a day, not to exceed 70 hours a week. Females, 16 and over __ Public housekeeping, manufacturing, mechan ical, mercantile, or laun dry occupation, or telephone operator.2 Exceptions: Employees engaged in the seasonal occupation of preserving perishable fruits, grains, or vegetables if such employment does not continue for more than 75 days in year; tele phone operators in towns under 1,500 popu lation; night employees who are at their place of employment for not more than 12 hours and have opportunity for at least 4 hours of sleep. 54 Females..___ ________ Laundry, millinery, dressmaking, store, of fice, mercantile estab lishment, theater, tele graph or telephone of fice, or any other occu pation not here enumer ated. Exception: Domes tic servants. i 10............ 60 Females, 16 and over_ _ Manufacturing, me chanical, or mercantile establishment, factory, workshop, laundry, bakery, restaurant, place of amusement, stenographic or clerical work of any kind in the above industries, ex press, transportation, or public-utility busi ness, common carrier, or public institution. Ex ception: Telephone com pany. 9....... ........ 54.............. o 8................ (*> (>) MONTANA:' Females Manufacturing, me chanical, or mercantile establishment, tele phone exchange room or office, or telegraph office, laundry, hotel, or restaurant. See footnotes at end of table. 1947, Anno tated, replace ment vol. 3, with 1959 supp., sec. 41-1118. 34 Permitted variations FOR WOMEN—Continued Nightwork Overtime Meal period Rest period Prohibited Regulated In emergency periods not exceeding 4 weeks’ aggregate in calendar year, Indus trial Commission may allow overtime and prescribe rules therefor. Hour provisions do not apply in cases of emergency which may affect the safety, health, morals, or welfare of the public. On application of em ployer, Industrial Commission may, for cause shown, exempt employer or class of employers from pro visions of the Act. Hour provisions inap plicable in case of emergency or public necessity. Establishments can ning or packing per ishable farm prod ucts, located in rural communities or in cities of less than 10,000 population, are exempt from hour provisions for a pe riod not to exceed 90 days of year. 35 STATE HOUR LAWS State MONTANA—Con. Revised Codes Men and women 1947—Con., sec. Restaurants, cafes, lunch counters and 41-1131. other commercial eating establishments. Ibid., secs. 411113, 41-1115. NEBRASKA: Rev. Stat. 1943, 1955 cum. supp., with 1957 pocket part, sec. 48 203. Ibid., sec. 48-212. NEVADA: Rev. Stat. (1959), vol. 5, secs. 609.020, 609.110, 609.120. Maximum-hour provisions Employee coverage; oc cupation or industry coverage Daily Weekly 8 (in 12)... 48 Men and women......... __ 8 Retail store, leased business controlled by lessor including delivery personnel; wholesale warehouse supplying goods to retail establish ment, including deliv ery personnel. Excep tions: Registered phar macists and assistant pharmacists. 48 Females, 16 and over_ _ Employment (a) in any manufacturing, me chanical or mercantile establishment; laundry, hotel, restaurant, or office,1 in metropolitan, primary, or first class city 3 or (b) for any em ployer of 25 or more peo ple within the State.3 Exception: Public serv ice corporations. 9 48___ (?) 54____ 8 (in 13).. Days per week (») Men and women______ Assembling plant, workshop, or mechani cal establishment.4 Ex ception: Establishments operating in three 8hour shifts. Females..................... . Private employment. Exceptions: Domestic service; agriculture; State, county, city, or town employment; ex ecutives or supervisors who consent to work be yond the maximum hours permitted. See footnotes at end of table. 36 1 6______ Permitted variations FOR WOMEN—Continued Night work Overtime Meal period Rest period Prohibited Regulated Hour provisions inap plicable to person working over 8-48hour week, when re lieving another em ployee in case of sick ness, or where health of public is imperiled, or life and property is in imminent danger, or other unforeseen cause or causes. 1 a.m. to 6 a.m. Exceptions: Manufactuing, mechani cal, or mer cantile estab lishment, laundry, hotel or restaurant, when em ployer obtains permit from Labor Com missioner. In emergency periods, manufacturing plants processing seasonal agricultural products may employ women 11 hours a day, not to exceed 20 days at any one time. Permit must be obtained from Labor Commis sioner. 30 consecutive minutes be tween 12 noon and 1 p.m. or during any other suitable hour for lunch. Employees must be free to leave work premises during such time. In event of illness of employer or other employees or an un foreseen temporary increase in employ er's business, if no additional persons are available, any female may be em ployed not more than 12 hours a day, 56 hours in any 1 week of 7 days, provided that time and a half employee’s regular rate is paid for each additional hour over 8 a day in 13-hour period, or 48 a week. J^-hour period after the 3d hour and before the end of 6 hours’ work. No period of less than 30 minutes is deemed to in terrupt work period.2 Ex ception: Com munications industry. Two 10-minute periods, 1 in 1st 4-hour work period, 1 in last 4 hours of work.2 Excep tion: Com munications in dustry. 37 STATE HOUR LAWS State Employee coverage; oc cupation or industry coverage NEW HAMPSHIRE: Rev. Stat. Females and minors un Annotated 1955, der 18. with 1959 supp., Manual or mechanical vol. 3, secs. labor in any manufac 275:15, 275:17, turing establishment. 275:21. Ibid., secs. 275:15, 275:17, 275:18, 275:20, 275:21. Females and minors un der 18. Manual or mechanical labor in any employment other than manufactur ing. Exceptions: House hold labor and nursing; domestic, hotel, and cab in labor, including dining and restaurant service operated in connection therewith and inci dental thereto; boarding house labor; operators in telegraph and tele phone offices; farm labor; canning of perishable fruits and vegetables. Ibid., secs. 275: Men and women______ 32-35. Any occupation. Ex ceptions: Establishments used for manufacture or distribution of gas, elec tricity, milk, or water; transportation, sale, or delivery of food: janitors, watchmen, firemen em ployed at stationary plants, or caretakers; employees whose duties on Sunday include only setting sponges in baker ies, caring for live ani mals, or caring for machinery and plant equipment; preparation, printing, publication, sale, or delivery of news papers or periodicals with definite on-sale newsstand dates; farm or personal service; labor due to an emergency that could not reason ably have been antici pated; work connected with retail stores in resort areas, cabins and inns, and in theaters, motion-picture houses, hotels and restaurants; employees engaged in canning of perishable goods and in telegraph and telephone offices. See footnotes at end of table. 38 Maximum-hour provisions Daily (SEE Nightwork.) ___ 10 H (SEE Nightwork.) Weekly Days per week Permitted variations 48. 54. Regular employ ees in mercantile establishments, for the 7-day period immediately pre ceding Christmas Day, are exempt from the nightwork regulation but total hours shall not exceed 54 a week for the full year. 6 (1 day of rest). FOR WOMEN—Continued Nightwork Overtime During 8 weeks in any 6-month period, 1014 hours a day and 54 hours a week per mitted if Labor Com missioner, after a hearing, grants a spe cial license, copy of which must be posted in workroom. ALSO SPECIAL PROVISION FOR DEFENSE EMER GENCY. Workers in laundries may be employed, for 3 months of the year, up to 60 hours a week if, following a hearing, special li cense is granted by Labor Commissioner. Daily hours may not be exceeded. Copy of license must be posted in rooms where females are ememployed. ALSO SPECIAL PROVISION FOR DEFENSE EMER GENCY. Meal period Rest period Prohibited Regulated When females are employed or permitted to work for any time between 8 p.m. and 6 a.m. on more than 2 nights a week, it is considered nightwork, and such work may not exceed 8 hours in any 24 nor 48 hours in any week. Do. STATE HOUR LAWS State NEW JERSEY: Stat. Annotated (1937), with 1959 supp., secs. 34:2-24, 34:2-28. Ibid., sec. 34: 6-63. Employee coverage; oc cupation or industry coverage Maximum-hour provisions Daily Females, 18 and over_ _. 110Manufacturing or mer cantile establishments, bakery, laundry, or res taurant. Exception: Canneries engaged in packing perishable prod ucts such as fruits or vegetables. Weekly 54........ Days per week Permitted variations 6.......... If daily working hours do not ex ceed 8 in hotels or other estab lishments of a continuing busi ness nature, hour provisions do not apply. Men and women_____ F actory, worksh op. mill, mine, or place where goods are manu factured. NEW MEXICO: Stat. Annotated 1953, with 1959 supp., vol. 9, secs. 59-5-1,-2, 4,-5,-7. Females, 16 and over__ 8 (in not Industrial or mercan more tile establishment2 than 3 hotel, restaurant, cafe shifts). or eating house, laun dry, office (as stenog rapher, bookkeeper, clerk, or in other clerical work), place of amuse ment, public utility business. Exceptions: Interstate commerce where working hours are regulated by act of the Congress of the United States; hospitals or sanitariums, regis tered or practical nurses, midwives, domestic servants.4 Ibid., secs. 59 Females, 16 and over__ 8. 5-4, 59-5-6. (SEE" Telephone or tele graph office. Excep Nighttions: Establishments work.) employing 5 or fewer females; interstate com merce where working hours are regulated by act of the Congress of the United States. Ibid., secs. 59 Females, 16 and over__ 5-13, -14 and Transportation.* Ex -15.® ception: Interstate com merce where working hours are regulated by an act of Congress of the United States. See footnotes at end of table. 40 48. 48. 56.. w 0) FOR WOMEN—Continued Nightwork Overtime Meal period Rest period Prohibited Regulated 12 midnight to Upon application, by special order, 7 a.m. in man Commissioner of ufacturing es Labor and In tablishments, dustry may au bakeries, or thorize employ laundries. ment of females Exceptions: over 21, in manu Canneries en facturing estab gaged in pack lishment or bak ing perishable ery primarily products such engaged in man as fruits or veg ufacturing bis etables; glass cuits and crack manufactur ers, if he finds ing establish working condi ments. tions, including ALSO SPE safety and trans CIAL PRO portation facili VISION ties, adequate to FOR DE protect health FENSE and safety of EMER workers. GENCY. H hour for mid day meal, after 6 consecutive hours of work on any workday except Satur day. If any such place is operated at night or in 8hour shifts, the meal period shall be fixed with regard to mutual interest of employer and employee. In emergencies, 2 hours of overtime a week may be worked if time and one-half is paid for such hours.3 30 minutes, not included as part of working time. Hour provisions do not apply in cases of ex treme emergencies re sulting from fire, flood, storm, epi demic of sickness, or other like cause. H hour, not part of working day. When hours of work are be tween 10 p.m. and 7 a.m., 54 hours a week permitted. In emergency, 60 horn's a week may be worked; work over 56 hours a week must be paid for at time and one-half. 41 STATE HOUR LAWS State NEW YORK: Consolidated Laws Annotated (McKinney’s 1948), with 1959 supp., Book 30, secs. 2,172,173, 173-a; find ch. 50 (L. I960). Ibid., sec. 181; and ch. 85 (L. 1960). Employee coverage; oc cupation or industry coverage Females over 16............. . Factory, i.e., mill, workshop, or other man ufacturing establish ment. (Manufacturing to include making, alter ing, repairing, finishing, bottling, canning, clean ing, or laundering any article or thing in whole or in part, except: (1) Drydock plants re pairing ships; (2) power houses, generating plants, or other struc tures owned or operated by a public-service cor poration or a municipal corporation other than construction or repair shops, subject to the jurisdiction of the publicservice commission; and (3) structures operated as refrigerated ware houses for the handling, packing, refrigeration, and storage of fruits and vegetables and which are subject to the jurisdic tion of, or licensed by, the department of agricul ture and markets; struc tures used in celery cleaning or packing.) 2 Females over 16. ............ Mercantile establish ment; beauty parlor. Exceptions: Beauty parlors in cities and villages under 15,000 population. Ibid., sec. 182; and ch. 85 (L. I960). Females over 16. ___ Hotel or restaurant (including females over 18 having the care, cus tody, or operation of a freight or passenger ele vator in these indus tries). Ex ceptions. Those employed solely as singers and perform ers; resort or seasonal3 I hotel and restaurant See footnotes at end of table. 42 Maximum-hour provisions Daily Weekly 1 8- Days per week Permitted variations In order to make a shorter workday, workdays, or a holiday, 10 hours may be worked on any 1 day of the week. If the shorter workday is not more than m hours, the other 4 days may be up to 9 hours each, total weekly hours not to exceed 48. ‘ 48.. 6 Except: In order to make Female a shorter work writers day or work days, 10 hours or re porters may be worked employ on any 1 day of ed in the week. If the shorter news workday is not paper offices, more than 4^ duly li hours, the other censed 4 days may be pharma up to 9 hours cists, each,total and fe weekly hours not male to exceed 48. employ ees of duly recog nized florists on day before Easter Sunday, Easter Sunday morn ing, and Dec. 23 of each year. 6................ In order to make a shorter work day, workdays, or a holiday, 10 hours may be worked on any 1 day of the week. If the shorter work day is not more than hours, the other FOR WOMEN—Continued Nightwork Overtime Meal period Females over 18: Up to Seepage 47. 10 hours a day, 60 hours a week permit ted in sauerkraut can neries between Sep tember 1 and Decem ber 1. Up to 10 hours a day, 60 hours a week permitted in estab lishments canning or preserving perishable products between June 15 and October 15; Industrial Com missioner may grant permits allowing 12 hours a day, 66 hours a week between June 25 and August 1, if the needs of the industry require such overtime and the health of the women so employed will not be injured. ALSO SPECIAL PRO VISION FOR DE FENSE EMER GENCY UNTIL JULY 1, 1961. From Dec. 18 to Dec. See page 47. 24, inclusive, and for 2 additional periods a year for inventory, overtime permitted; no period may be of more than 1 week’s duration; under the 8-48 schedule, the ad ditional hours may not exceed 6, and un der the permitted variation schedule, 5 hours; employment may not be later than 10 p.m. In lieu of Dec. 18-24 period, employer may select any 7 consecu tive days (for per mitted overtime) dur ing period from Dec. 4 through following Dec. 23, by filing written notico of days selected with Indus trial Commissioner. ALSO SPECIAL PROVISION FOR DEFENSE EMER GENCY UNTIL JULY 1, 1961. SPECIAL PROVI SION FOR DE FENSE EMER GENCY UNTIL JULY 1, 1961. See page 47. Rest period Prohibited Regulated 10 p.m. to6a.m., Employment be tween midnight except mid and 6 a.m. allow night to 6a.m. ed in multiple in plants on shift plants on multiple shifts, permits from for females Industrial Com over 21. Ex missioner, if he ceptions: finds that satis Proofreaders, factory condi linotypists, tions exist in monotypists cluding transpor and bindery tation and safe workers in guards for pro newspaper, tecting the publishing or health and wel commercial fare of such fe printing males. establish ments or in book binderies or pamphlet binderies. 9 p.m. to 6a.m., for females un der 21. 10 p.m. to 7 a.m. for fe males over 16; except midnight to 7 a.m. for fe males in mer can tile estab lishments. Exceptions: Writers and reporters em ployed in nowspapcr olfices, duly li censed phar macists, and employees of duly recog nized florists on the day before Easter Sunday, Easter Sun day morning, and Dec. 23 of each year. Midnight to 6 a.m., for fe males 21 and over em ployed in restaurants. Exceptions: Hatcheck girls, cigarette girls, or flower girls, attendants in Upon applica tion, Commis sioner may permit such employment in dining rooms and kitchens of restaurants if he finds that satisfactory conditions ex ist, including 43 STATE HOUR LAWS State Employee coverage; oc cupation or industry coverage Maximum-hour provisions Daily Weekly NEW YORK—Con. Consolidated employees in rural com Laws Anno munities and in cities tated.—Con. and villages of less than 15,000 population, ex cluding that portion of the population of a 3dclass city residing out side of its corporation tax district where such city embraces the en tire area of a former township. Ibid., sec. 183; and ch. 85 (L. 1960). Females over 18.*............ 8___ Care, custody, or op eration of a freight or passenger elevator. Ex ceptions: Elevator em ployees in hotels or restaurants. (See pre ceding entry.) Ibid., secs. 162, 184; and ch. 85 (L. 1960). Females over 21.*.........__ g Conductor or guard on any street surface, elec tric, subway, or elevated railroad car or train. Ibid., sec. 185. Females over 21.*.. and ch. 85 (L. Messenger for a tele 1960). graph or messenger com pany in the distribution, transmission, or de livery of goods or messages. Ibid., sec. 161, Men and women.. and ch. 85 (L. Factory, mercantile 1960). establishment, hotel, restaurant, freight passenger elevator in any building or place; projectionist or operator of motion-picture ma chine; engineer and fire man in place where mo tion pictures are shown; place in which legiti mate theater produc tions, such as dramatic and musical produc tions, are shown or ex hibited (other than mo tion pictures, vaudeville or incidental stage pres entations regularly given throughout the week as established policy), in cluding performers, en gineers, and firemen; building watchmen, jan itors, superintendents, supervisors, managers, engineers and firemen. Exceptions: Foreman in charge; employees in dairies, creameries, milk condenseries, milk-pow der factories, milk-sugar factories, milk-shipping station, butter and cheese factories, ice cream-manufacturing plants and milk-bottling plants, having 7 or less See footnotes at end of table. 44 Days per week Permitted variations 4 days may be up to 9 hours each, total weekly hours not to exceed 48. 48.. 48.. 48.. If practical diffi culties or unnec essary hardship would ensue, board of stand ards and appeals may make a var iation from law’s provisions if the spirit of the act be observed and substantial jus tice done. FOR WOMEN—Continued Nightwork Meal period Overtime SPECIAL PROVI SION FOR DE FENSE EMER GENCY UNTIL JULYl, 1961. 60 minutes shall be allowed for noonday meal. ___ do.. Rest period Prohibited Regulated ladies’ cloak rooms and parlors; fe males em ployed in or in connection with the dining rooms and kitchens of hotels. 10 p.m. to 6 a.m., for fe males under 21 in hotels and restau rants. 10 p.m. to 7 a.m. If elevator is used in con nection with a business or industry in which women may be em ployed before 7 a.m., opera tors may begin work at 6 a.m. 10 p.m. to 6 a.m. adequate transportation and safeguards for protecting the health and welfare of such females. 10 p.m. to 7 a.m. _do.. _do. 577981—61------- 4 45 STATE HOUR LAWS Employee coverage; oc cupation or industry coverage State Maximum-hour provisions Daily Permitted variations Days per week Weekly NEW YORK—Con Consolidated employees; employees Laws Anno (if board of standards tated.—Con. and appeals approves), engaged in an industrial or manufacturing pro cess necessarily contin uous, in which no em ployee is permitted to work more than 8 hours in any calendar day; certain specified em ployees working not more than 3 hours on Sunday; resort or sea sonal hotel and restau rant employees in rural communities and in cities and villages of less than 15,000 population, excluding that portion of the population of a 3d-elass city residing outside its corporation tax district where such city embraces the entire area of a former town ship; * employees in drydoek plants engaged in making repairs to ships. Ibid., sec. 162, and ch. 85 (L. 1960). Any factory, mercan tile or other establish ment or other occupation covered by labor law. f Ibid., sec. 203-a, and cb. 85 (L. 1960). Operators of passenger elevators, not equipped with seats, operated and maintained for use by the public. Exception: Factory building or any other building having only 1 passenger eleva tor. See footnotes at end of table. 43 | 1 FOR WOMEN—Continued Night work Overtime Meal period Rest period Prohibited Regulated 60 minutes in fac tories and 45 minutes in mercantile or oth er establishment or occupation for the noonday meal, or midway dur ing a shift of more than 6 hours starting between lp.m. and 6 a.m. If shift starts be fore noon and continues after 7 p.m., an addi tional meal pe riod of at least 20 minutes shall be allowed between 6 p.m. and 7 p.m. Commissioner may grant writ ten permit for a shorter meal pe riod, such per mit to be con spicuously posted at main entrance of establishment. ALSO SPECIAL PROVISION FOR DE FENSE EMER GENCY UN TIL JULY 1, 1961. 45 minutes---------- 15-minute recess eriod every 3 (SEE Rest ours in addi Period.) tion to a 45minute lunch, period. SPECIAL PROVISION FOR DE FENSE EMER GENCY UNTIL JULY 1, 1961. K 47 STATE HOUR LAWS State Employee coverage; oc cupation or industry coverage NORTH CAROLINA: General Stat. (Replacement 1958) with 1959 supp., vol. 2C, sec. 95-17. Females, 18 and over___ Any occupation or in dustry. Exceptions: Employers of 8 persons or fewer in each place of business; agricultural occupations; ice plants; cotton gins and cotton seed-oil mills; domestic service in private homes and boarding houses; work of persons over 18 in bona fide office, foremanship, clerical, or supervisory capacity, executive positions, learned professions, commercial travelers, motion-picture theaters, seasonal hotels and clubhouses, commerical fishing or tobacco-re drying plants, tobacco warehouses, charitable institutions; hospitals; railroads, common car riers, and public utilities subject to jurisdiction of Interstate Commerce Commission or North Carolina Utilities Com mission, and utilities operated by municipali ties or transportation agencies regulated by the Federal Govern ment; State or munic ipal employees; hotels, and outside salesmen on commission basis. Ibid., sec. 95-26. Women over 162 Laundry, drycleaning establishment, pressing club; workshop, factory, manufacturing establish ment, or mill. Excep tions: Seasonal indus tries in the process of conditioning and pre serving perishable or semiperishable commod ities; agricultural work. Ibid., sec. 95-27—_ Females, 18 and over 2__ Retail or wholesale mercantile establish ment or other business employing females for the purpose of serving the public as clerks, with 3 or more employees at any one time, sales ladies, or waitresses, and other employees of pub liceating places. Excep tions: Bookkeepers, cash iers, office assistants; es tablishments employing fewer than 3 or more chan 8 persons. See footnotes at end of table. 48 Maximum-hour provisions Daily ) (in 12 con secutive hours.) i Weekly 48. 55.. Days per week Permitted variations FOR WOMEN—Continued Nightwork Overtime Meal period In mercantile estab lishments 10 hours a day may be worked from Dec. 18 to 24, in clusive, and during two 1-week inventory periods annually. Longer hours may be worked by florists and employees of flor ists 1 week prior to and including Christ mas Day, Easter, and Mother’s Day. In seasonal industries in the process of con ditioning and pre serving perishable and semiperishable commodities, 10 hours a day, 56 a week permitted. In laundry and dry cleaning establish ment, employees per mitted 55 hours a week. Longer hours may be worked by florists and employees of florists, 1 week prior to and including Christmas Day, Easter, and Mother’s Day. J4 hour must be allowed after 6 consecutive hours. Period of 6J4 hours may be worked if terms of em ployment do not call for a day longer than this. Rest period Prohibited Regulated STATE HOUR LAWS State NORTH DAKOTA: Rev. Code 1943, vol. 4, sec. 34 0606. Department of Agriculture and Labor, MinimumWage Order No. 2, Sept. 1, 1949. Minimum-Wage Order No. 5, July 7, 1953. Ibid., Order No. 1, Aug. 16, 1956. Employee coverage; oc cupation or industry coverage Females, 18 and over_ _ Manufacturing, me chanical, or mercantile establishment: hotel or restaurant, telephone or telegraph establishment or office, or express or transportation company. Exceptions: Villages or towns of less than 500 population (see entries from Minimum-Wage Orders 1 and 3); rural telephone exchanges; small telephone ex changes and telegraph offices, if Commissioner after a hearing deter mines that work is too light to justify applica tion of the Act. Maximum-hour provisions Daily m. Weekly 48.... Women, 18 and over_ _ Manufacturing Occu pation.z (SEE Appendix I.) Women, 18 and over_ _ Telephone Occupa tions—all Telephone Ex changes. Women, 18 and over_ _ m. Public Housekeeping Occupation.3 (Establishments in 9— towns of less than 500 population.) (SEE Appendix I.) See footnotes at end of table. 50 48. 54. Days per week . 6.............. Permitted variations 10 hours in any 1 day, and work on 7 days in any 1 week permitted in emergencies, provided weekly hour limit is not exceeded. Emergency deemed to exist: (1) in the case of sickness of more than 1 female employ ee, when doc tor’s certifi cate must be furnished showing it will not be danger ous to human life to continue employment in the estab lishment in volved; (2) em ployment re quired in con nection with a banquet, con vention, cele bration, or because the legislative as sembly is in session; (3) em ployment as reporter in any of the courts of the State.* FOR WOMEN—Continued Night work Overtime Meal period Rest period Prohibited Regulated 30-minute mini mum period for noon meal. No woman shall be employed more than successive hours without a rest period. Adequate time at reasonable hours for meals. ^-hour period, free from inter ruption, for each meal furnished employee on premises; 1 hour, if employee must leave premises for meals. No woman shall be employed for more than 4 hours of contin uous labor without a rest period. Time for meals eaten on prem ises during working shift considered work ing time. 11 p.m. to 7 a.m., for ele vator opera tors. 51 STATE HOUR LAWS State NORTH DAKOTA—Con. Department of Agriculture and Labor, Mini mum-Wage Order No. 3, Mar. 6,1957. Ibid., Order No. 4, Mar. 12, 1959. Employee coverage; oc cupation or industry coverage Women, 18 and over___ Mercantile Occupation. (Establishments in towns of less than 500 population.) (SEE Appendix I.) Women, 18 and over---Laundry, Cleaning and Dyeing Occupation. (SEE Appendix I.) OHIO: Rev. Code Anno tated (Page’s, 1953), with 1959 supp., title 41, secs. 4107.43, 4107.45, 4107.46. Maximum-hour provisions Daily Weekly Days per week Permitted variations 54. Females, 18 and over1.. 38 (in 10). 48............ - 6................. In mercantile es tablishments, Any employment.3 10 hours on 1 SEE next entries for day of the cal manufacturing, cases not otherwise covered, endar week per mitted females and financial institu over 18, and 10 tions. Exceptions: Agri hours within 12 cultural field occupa tions, domestic service consecutive hours on days in private homes, fe preceding May males over 21 in mercan tile establishments and 30, July 4, Thanksgiving communications com Day, Dec. 26, panies in cities under and Jan. 1; pro 5,000 population; fe vided weekly males over 21 earning at maximum and least $45 a week in exec 8 hours on other utive, professional, su days of week pervisory, or admini strative positions re are not ex ceeded. quiring a certain In laundry and amount of discretion; dry cleaning es women in the profes tablishments, 9 sions of medicine, regis hours on any 2 tered nursing, phar days of the cal macy, law, teaching, endar week per and social work; profes sional employees in hos mitted; pro pitals, such as graduate vided maxi mum of 48 hours and student nurses, an esthetists, technicians, is not exceeded. In an office, 10 graduate and student hours, within dietitians, and interns. 12 consecutive hours, on any 1 day of a cal endar week per mitted females over 18. In public trans portation com panies females over 21 may be employed to operate street cars, trackless trolleys, or mo tor coaches for same hours and periods as males, provided maximum 48hour week is not exceeded. See footnotes at end of table. 52 FOR WOMEN—Continued Nightwork Overtime Meal period Rest period Prohibited Regulated Vi hour must be allowed for the noon meal. No woman shall be employed for more than 4 hours of con tinuous labor without a rest period. Adequate time and provision at reasonable hours must be given to em ployees for meals. In mercantile estab H-hour period lishments, 10 hours in after 5 consecu tive hours of any 1 day and 50 work, except fe hours in week per males over 21 mitted 1 week in first 6 months of year, and employed by public trans 2 weeks in last 6 months of year. portation com pany. (Periods In laundry and dry of less than H cleaning establish hour not ments, 9 hours on any 2 days of the week deemed inter and 50 hours a week ruption to con tinuous work.) may be worked in the weeks preceding or including New Year’s, Good Friday, Memorial Day, July 4, Labor Day, Thanksgiving, and Christmas. During periods of emer gency caused by fire, flood, epidemic, or other disaster, hour provisions not appli cable to public utility company, and carrier subject to Part I of Interstate Commerce Act, or a communica tions company. 9 p.m. to 6 a.m., for fe male taxi drivers. 53 STATE HOUR LAWS State OHIO—Continued Revised Code Annotated, sec. 4107.46—Con. Ibid., sec. 4107.47. Ibid., sec. 4107.42. OKLAHOMA: Stat. Annotated (1954), with 1959 supp., title 40, secs. 81, 82. OREGON: Rev. Stat. (1957), vol. 5, secs. 653.255, 653.265. Maximum-hour provisions Employee coverage; oc cupation or industry coverage Females, 18 and over_ _ Manufacturing estab lishments and cases not otherwise covered.4 Females..-_____ _____ Financial institutions, including Federal Re serve banks and home loan banks. Daily Weekly Days per week 2 9........ 48______ 6.............. 2 9.......... . 48 . Permitted variations 10 hours a day may be wrorked on any 1 day of the week by fe males over 18, provided work is divided into 2 or more periods which fall with in 12 consecutive hours. - Females.......................... Factory, workshop, businessoffice, telephone or telegraph office, res taurant, bakery, milli nery or dressmaking establishment, mercan tile or other establish ment. Females, 16 and over_ 9................ 54.............. _ Manufacturing, me chanical, or mercantile establishment, laundry, bakery, hotel, restau rant, office building, warehouse, telegraph or telephone establishment or office, printing estab lishment, bookbindery, theater, showhouse, place of amusement, or any other establish ment.1 Exceptions: Reg istered pharmacists, nurses; agricultural or domestic service; estab lishments employing fewer than 5 females in places of less than 5,000 population. Females____ _________ HO Any manufacturing, mechanical, or mercan tile establishment, laun dry, hotel, restaurant, telegraph or telephone establishment or office, or express or transporta tion company. See footnotes at end of table. 54 . 1 60......... 4 FOR WOMEN—Continued Nightwork Overtime Meal period Rest period Prohibited Regulated In canning establish At least H-hour ments preparing agri period after 5 cultural or horticul consecutive hours of work. tural perishable foods during the grower’s (Period of less harvest season, hours than H hour not deemed restrictions inappli interruption to cable to females over 21 engaged in canning continuous farmer’s perishable work.) products. During periods of ex H-hour period after 5 consecu traordinary condi tions caused by prep tive hours of work. (Period aration of reports for of less than H any department of the State or the Fed hour not deemed eral Government, the interruption to daily maximum of 9 continuous hours shall not apply work.) to those actually en gaged in report prep aration. H hour for meal time in estab lishments providing lunchrooms; if suitable lunch room is not pro vided, 1-hour period during which time em ployees may leave establish ment. Telephone operators in time of great disaster or calamity or epi demic may be em ployed over the maxi mum hours, if consent of employees is secured and double time paid. Hotel and restaurant employees in emer gencies may work maximum of 10 hours a day, if consent of employees is secured and double time is paid for such extra time. Provisions inapplicable to females employed in harvesting, pack ing, curing, canning, and drying of perish able fruits, vegetables, or fish, provided em ployees are paid 1H times regular rate for hours over 10 when employed in can neries or drying or packing plants. 55 STATE HOUR LAWS State OREGON—Con. Wage and Hour Commission Order No. 17, July 22, 1941. Ibid., No. 5, Jan. 7, 1951. Maximum-hour provisions Employee coverage; oc cupation or industry coverage Women and minors___ Student nurses in places such as hospitals and sanitariums. Women and minors under 18. Hospitals, Sanitariums, Convalescent and Ola Peoples' Homes. (SEE Appendix I.) Daily Weekly Days per week Permitted variations 48_______ 8___ ____ 44_______ 6___ Ibid., No. 9, May 6, 1952. Women and minors under 18. Mercantile. (SEE Appendix I.) 8......... . Ibid., No. 6, Feb. 10, 1953. Women and minors under 18. Preparing Poultry, Rab bits, Fish, or Eggs for Distribution. (SEE Appendix I.) 8—......... . 44............ Ibid., No. 12, Oct 13,1953. Women and minors under 18. Office. (SEE Appendix I.) 8 Ibid., No. 1, Aug. 10, 1954. Women and minors under 18. Beauty Operators and Manicurists. (SEE Appendix I.) Female beauticians 10 Other employees............. 8-......... . See footnotes at end of table. 56 44______ 6____ 44 _ a 44.. ___ 44 6_ _ 6________ Employee want ing greater number of con secutive days off may work 10 days without a day off, if agreeable to employer and other employees in the depart ment. FOR WOMEN—Continued Night work Overtime Meal period 30 minutes after 5 consecutive hours of work. “On-duty" meal period permit ted when nature of work prevents relief from all duty; to be counted as time worked. In emergencies, Com 45 minutes after 5 consecutive hours mission may grant of work. special overtime per mit; issued only on “On-duty" meal condition the applica period permitted when nature of ble minimum over time rate specified in work prevents order (1^4 times the relief from all minimum) is paid. duty; to be counted as time worked. In case of emergency, overtime permitted, provided 11$ times the regular rate is paid for such over time. In event of disaster within the com munity, hours regu lations not applicable. In emergencies, Com 30 minutes after 4 consecutive hours mission may grant of work, except special overtime per on 5-hour day. mit for hours over 8 and 44; 1^4 times regu “On-duty” meal lar rate must be paid period permitted for hours over 40 a when nature of week. work prevents relief from all duty; to be counted as time worked. Exemption by Commission may be authorized. In emergencies, Com mission may grant special overtime per mit. \Vi times regu lar rate must be paid for all time in excess of regular hours. 30 minutes after 5 consecutive hours of work, except on 6hour day. “On-duty” meal period per mitted when nature of work prevents relief from all duty; to be counted as time worked. Exemption by Commission may bo author30 minutes after 4 consecutive hours of work, except on 5hour workday. Rest period Prohibited Regulated 10 minute paid period for each 4 hours’ work ing time, or major fraction thereof, insofar as practicable in middle of work period. 10-minute paid pe riod, for each 4 hours’ working time, or major fraction thereof, insofar as practi cable in middle of work period. If forenoon work period is less than 2% hours, no rest period need be given, if agreeable to employee and employer; 20minute period must be given in afternoon. 10-minute paid pe riod for each 4 hours' working time, or major fraction thereof; insofar as prac ticable in middle of work period. Exemption by Commission may be authorized. .do. No woman shall be required to re port for, or be dismissed from, work between 10 p.m. and 6 a.m., unless suitable transportation is available. If meal period oc curs between these hours, fa cilities for hot food and drink must be avail able. 10-minute paid period for each 4 hours of work ing time or major fraction thereof; insofar as practicable in middle of work,period. 57 STATE HOUR LAWS State OREGON—Con. Wage and HornCommission Order No. 4, Mar. 10, 1956. Ibid., No. 13, Mar. 10, 1956. Ibid., No. IS, Aug. 4,1956. Ibid., No. 14, Nov 9, 1956. Maximum-hour provisions Employee coverage; oc cupation or industry coverage Women and minors under 18. Amusement and Rec reation. (SEE Appendix I.) Daily Weekly 8-—......... 44 Days per week 6............... 8................. ___ 44 8 44 8 44.............. 6................ under 18. Personal Service. (SEE Appendix I.) under 18. Telephone, Telegraph, or Similar Communica tions Occupations. Ex ceptions: Women em ployed in administra tive, executive or pro fessional capacities, as defined. under 18. Public Housekeeping. (SEE Appendix I.) Ibid., No. 10, May 10, 1957. Industries for which the State Wage and Hour Commission has not established by indi vidual or special order a different wage. Excep tions: Minors employed at domestic work and at chores in or about pri vate residences; news paper carriers and news paper vendors. See footnotes at end of table. 58 8................ 44_______ Permitted variations .............. 6................ 6........ ...... Employment on 7th day permit ted for employ ees who work 6 hours or less a day. FOR WOMEN—Continued Nightwork Overtime Meal period In emergencies, Com 30 minutes after 5 mission may grant consecutive special overtime per hours of work. mit. 1J4 times regu lar rate must be paid for all time in excess of regular hours. Employees have right of appeal to the Wage and Hour Com mission if they feel they are being re quired to work over time too frequently or unnecessarily. -do. ----- do.............................. Rest period 10-minute paid period for each 4 hours of work ing time or ma jor fraction thereof; insofar as practicable in middle of work period. Regulated (2) .do. In emergencies, Com 30 minutes after Two 10-minute mission may grant 5 consecutive periods in 8-hour special overtime per hours of work, workday; inso mit. \Yi times regu except on 6-hour far as practi lar rate must be paid workday. cable in middle for all time in excess of each work of regular hours. Tel period. ephone or telegraph establishments not demanding uninter rupted attention of operator may be granted a special li cense for different hours by the Com mission. In emergencies, Com 30 minutes after 10-minute paid mission may grant 5 consecutive period for each special overtime per hours of work. 4 hours of mit. in times regular “On-duty” meal working time or rate must be paid for period permit major fraction all time in excess of ted when nature thereof; insofar regular hours. of work pre as practicable Employees may appeal vents relief from in middle of to the Wage and Hour all duty; to be work period. Commission if they counted as time feel they are being worked. required to workover time too frequently or unnecessarily. 30 minutes after 10-minute paid 5 consecutive period as nearly hours of work, as possible in except minors the middle of under 16. each 4-hour 30 minutes at work period. noon; not to be counted as working time. Prohibited (2) (>) 59 STATE HOUR LAWS State OREGON—Con. Wage and Hour Commission Order No. 3, July 9, 1957. Ibid., No. 7, Jan. 3, 1958. under 18. Organized Youth Camps. (SEE Appendix I.) under 18. Laundry, Cleaning and Dyeing. (SEE Appendix I.) Ibid., No. 8, Mar. 15, 1959. Ibid., No. 2, Oct. 12, 1959. Maximum-hour provisions Employee coverage; oc cupation or industry coverage under 18. Manufacturing. (SEE Appendix I.) under 18. Canning, Freezing, and Processing. (SEE Appendix I.) Daily Weekly 8________ Days per week 6___ 8 44............ . 3 8...........___ 44 ............ Permitted variations secutive hours free time each week, camp may allow 48 consec utive hours free time for each 2-week period. ........ 6................ 10 (for mi nors). PENNSYLVANIA: Stat. Annotated Females, 18 and over___ i 10............ 48.............- 6...........— (SEE Overtime.) Any ' establishment, By regu (Purdon’s 1952), By regu By regu By regulation: with 1958 supp., i.e., any place where lation: lation: Office employlation: work is done for compen- a 10 (in 12). 48.—....... 6________ title 43, secs. 103, 104, 107; sation of any sort to (G-2). regular sched (G-2). (G-2). and whomever payable. Ex ule of 40 hours Department of ceptions: Agricultural a week or less, Labor and field occupations; do on an annual Industry Regu mestic service in private salary basis lations (as indi homes; nurses in hospi and not laid cated) Govern tals; executives * over 21 off in slack ing the Hours years of age earning at periods, may be employed Provisions of least $35 a week. the Women’s By regulation: 10 hours in Law and ReguSecretaries to execuany day, 54 See footnotes at end of table. 60 FOR WOMEN—Continued Night work Meal period Overtime Rest period 2 hours off duty In emergencies, Com between 7 a.m. mission may grant and 7 p.m. each special overtime per day for every mit. lYi times regular rate must be paid for volunteer or counselor. all overtime worked. Employees may appeal to Wage and Hour Commission if they feel they are being required to work over time too frequently or unnecessarily. In emergencies, (1) Yi 45 minutes after 5 10-minute paid period for each 4 hour overtime a day consecutive hours of work permitted, provided hours of work. ing time or 1H times regular rate “On-duty” meal major fraction period, if nature is paid for hours ever thereof; insofar 8 a day, 44 a week; of work pre as practicable and (2) Commission vents employee in middle of may grant a special from being re work period. lieved of all overtime permit for hours over 8Vi a day, duty, to be counted as time 44 a week. iy> times worked. regular rate must be paid for hours over 8 up to 10 a day, over 44 up to 60 a week. Employees may appeal to Wage and Hour Commission, if they feel they are being required to work overtime too fre quently or unneces sarily. In emergencies, Com 30 minutes after 5 consecutive mission may grant hours of work. special overtime per mit. 1H times regu “On-duty” meal lar rate must be paid period permit ted if nature of for all overtime worked. work prevents relief from all duty; to bo counted as time worked. 15-minute paid No maximum-hour pro 30 consecutive period after 3 minutes after 5 vision for women. consecutive However, women hours of work; hours of work. and minors working except on 6(1) over 10 hours a hour workday. day must be paid 1J4 times regular rate for all overtime worked; (2) on 7th consecutive day in regularly scheduled workweek must be paid lt£ times regular rate for the first 8 hours, dou ble time for hours in excess of 8. If strict application of J^-hour meal or rest period law imposes unnec must be granted essary hardship, De partment of Labor after 5 consecu tive hours of and Industry, with work. (Interval approval of industrial of less than ^ board, may make gen hour not to be eral and special rules deemed inter prescribing variations. ruption of work By regulation: period.) In emergencies, de fined as a situation Employees shall not be required resulting from fire, to remain in flood, storm, epi workroom durdemic, act of God, 577981-81- 5 (SEE Meal Period.) By regulation: 15-minute period after 3 hours of work for female oper ators of eleva tors, unless seats are pro vided. (W-4.) Prohibited Regulated C3) (3) Females may be employed in manufacturing establishments, provided there is compliance with the law and with regulations of the industrial board. Applica tion for employ ment on 2- or 3shift basis must be made to De partment of 61 STATE HOUR LAWS State Employee coverage; oc cupation or industry coverage Maximum-hour provisions Daily Weekly Days per week Permitted variations pennsylvania- Continued lations Affecting Employment of Women, 1948 edition, as amended. tives (exempt from provisions of labor law) are not subject to the hour provisions of such laws, provided they earn at least $35 a week. (G-5.) See footnotes at end of table. 62 hours in any week, if em ployment in quarterly peri od of 13 con secutive weeks does not ex ceed 520 hours. (0-7.) If Vi hour or more is lost because of breakdown of machinery on which em ployee is engaged and dependent for employment, maximum hours may be extended 2 hours a day to make up time lost. Week may not exceed 48 hours. Writ ten report must be sent to Depart ment of Labor. (G-8.) FOR WOMEN—Continued Nigbtwork Overtime Meal period public disaster, or ing meal or rest Government order period. which requires la- By regulation: bor longer than 10 6 consecutive hours a day or 48 hours may be hours a week to preworked by emserve life, property, ployee then health, or the public dismissed for service, employees day, provided whose duties are 15-minute rest directly connected period is with such emergenallowed. cies may be permit(G-ll.) ted to work more The regularly than the daily and scheduled weekly maxi mums meal or rest prescribed. If emerperiod may be gency exists for more eliminated, than 24 hours, perprovided apmission for overtime proval of must be obtained Labor Departfrom the Secretary ment has been of Labor, who shall obtained and determine the duraemployees are tion of the emerpermitted to gency. (G-2.) eat and rest at In canning, process such intervals ing or packing peras not to enishable fruits or vegedanger their tables during canhealth in ning season, employindustries ment beyond hours where manuspecified permitted facturing procprovided approval esses involve of Labor Departcontinuous ment is obtained operation or, before establishwhere processes once begun ment puts into effect any schedule must be comof hours at variance pleted, to with the strict proavoid spoilage, visions of the stator where an ute. (S-l.) employee’s Outside representaduties require tives may be perher to be away mitted to work in from the facexcess of 10 hours a tory, office, or day and 48 hours depot. (G-6.) and 6 days a week. 1 hour after 6 (G-10.) continuous Maximum-hour prohours of work visions may be for regular emwaived for night ployees in reservice in telephone tail trade. exchanges in con(S-3.) tract employment Maximum of 6 located in bona fide consecutive home, provided: (a) hours without business may be J^-hour period cared for by memin canning, bers of contracting processing and family or bona fide housohold; (b) no fruits or vegedefinite assignment tables during of hours is necesthe canning sary; and (c) emseason. (S-l.) ployee has a general A total of 2 average of at least 6 hours’ inhours of rest during activity is the night. (W-7.) considered equivalent to 1-hour meal or rest period in small telephone office with one oper ator on duty from 10 p.m. to 7 a.m. (S-5.) Rest period Prohibited Regulated Labor and Industry. By regulation: Employers of females on 2- or 3-shift basis must: (a) Comply with all applicable laws; (b) provide responsible management and supervision during working hours; (c) arrange adequate transportation, if prompt public transportation is not available or worker does not have regular private transportation; and (d) obtain permit for such employment of females from Department of Labor and Industry for a period not to exceed 2 years. (S-6.) 63 STATE HOUR LAWS State PENNSYLVANIAContinued Stat. Annotated (Purdon's 1952), with 1958 supp., title 43, secs. 41, 47, 48. Ibid., sec. 481 Employee coverage; oc cupation or industry coverage Maximum-hour provisions Daily Weekly Days per week Females under 21........ ............... ......................... ......... Distributing or selling newspapers, magazines, periodicals, publications or articles of merchan dise; and Minors under 21. Messenger service for telephone, telegraph, or messenger companies. Men and women_________ _____ ____________ 6. Motion picture the ater. PUERTO RICO: Laws Annotated (1953), with 1959 supp., title 29, secs. 289,295, 296, 298, 299, and title 33, sec. Men and women............ Any commercial or industrial establish ment, enterprise, or lu crative business not sub ject to sec. 2201 of the 2201. Penal Code,2 i.e., shops for the repair of machin ery of any industry; shops giving service or facilities to any indus try; printeries, editori als, newspaper enter prises, garages, filling stations and gasoline distributing establish ments; public market places (not including establishments or stands for the sale of provisions and merchandise); es tablishments where re freshments and coffee are sold—restaurants, cafes, hotels, inns; con fectionery and pastry stores; stands selling only candy, matches, tobacco, newspapers; flashlights and acces sories; bulbs for domes tic use; plug fuses and fuses; casinos; billiard rooms; ice depots; meat stands; milk depots; slaughterhouses; dairies; livery stables; piers or docks; undertaking es tablishments; public and quasipublic utili ties; theaters, racetracks, and other places de voted exclusively to amusement of charity; pharmacies; commercial establishments oper ating within airports; commercial or service establishments oper ating within hotels which constitute a part of facilities offered to guests or visitors. Ex ceptions: Occasional or piecework; and profes sionals, executives and administrators. See footnotes at end of table. 64 0) Permitted variations FOR WOMEN—Continued Nightwork Overtime Meal period Rest period Prohibited Regulated 8 p.m. to 6 a.m._ By permit from the_ _ Secretary of Labor, emergency work nec essary to prevent danger and consider able financial loss may be performed on days establishment must remain closed to the public. Employees employed or permitted to work on day of rest shall be paid double the salary rate for regular working hours. 65 STATE HOUR LAWS State Employee coverage; oc cupation or industry coverage Maximum-hour provisions Daily Weekly 0) 0) PUERTO RICO— Continued Laws Annotated— Females_ __________ _ Con., title 29, Any lucrative occupa secs. 289, 457, tion, i.e., work in any 458, 465. factory, mill, centrale, machine shop or estab lishment or place of any kind where a factory or mechanical enterprise exists; storehouse, store, establishment or place of any kind where mer cantile transactions are carried on; farms, plan tations, rural properties or places of any kind where agricultural, hor ticultural, or pasturing pursuits are followed; mining and fishing un dertakings. Minimum-Wage Board Orders, as amended by Act 96, effec tive Juno 26, 1956. Men and women Alcoholic Beverages and Industrial Alcohol Industry, No. 30, Oct. 8, 1959; Food and Related Products Industry, No. 33, Jan. 15, 1960; Retail I See footnotes at end of table. 66 Days per week Permitted variations FOR WOMEN—Continued i Nightwork Overtime Meal period 1 hour; work period may not exceed 4 con secutive hours. Exception: Tex tile factories. Yt hour in textile factories be tween the 2 periods in 8hour shifts, provided fac tory establishes a cafeteria on its premises where workers may, if desired, take their meals at reasonable prices. No maximum-hour provisions. How ever, twice the regu lar rate must be paid for hours worked over 8 a day and 48 a week, and on day of rest. Rest period Prohibited Regulated 10 p.m. to 6 a.m. Excep tions: Women over 18 em ployed as telephone operators, telegraphers, artists, nurses, and houseworkers; in tourist or commercial hotels. SEE also Nightwork Regulated. Employment of women 18 and over permitted between 10 p.m. and 6 a.m., pro vided woman is not pregnant; does not work more than a total of 8 hours in the 24-hour period preceding 6 a.m.; and work shift is rotated so that no woman shall work consecu tively on night shift more than 3 weeks: (1) In the textile industry and in the pack ing, canning, or refrigeration of fruits or vege tables; (2) in cases of emer gency or neces sity, for the purpose of per mitting employ ers or owners to complete urgent or necessary works which must be finished within a deter mined time in shops, factories, or any other commercial or industrial estab lishment, by permit from Secretary of Labor. Com pensation to be paid for accord ing to statute.! Employer must provide trans portation facili ties from factory to bus stops for women who work at night in textile factory located in dis trict distant from bus and public vehicle stops. 67 STATE HOUR LAWS State PUERTO RICO— Continued. Minimum-Wage Board Orders— Continued Note: Working conditions from applicable orders num bered 1 to 24, issued prior to Act 96 of June 26, 1966 (which . changed the minimum-wage rates), remain in full force and effect. Ibid., see Note. Employee coverage; oc cupation or industry coverage Trade Industry, No. 42, May 10, 1958; Hospitals, Clinics, and Sanatoria Industry, No. 41, July 10, 1958; Hotel Industry, No. 46, Aug. 5, 1958; Restaurant, Bar and Soda Fountain Indus try,(No. 47, Aug. 28,1958; Coffee Industry in Its Agricultural Phase, No. 58, Oct. 3, 1959; Dairy Industry,. No. 27, Apr. 9, 1960; Laundry and Dry Cleaning Industry, No. 37, May 1, 1960. (SEE Appendix I.) Men and women Paper and Paper Prod ucts, Printing and Publishing Industry, No. 31, June 17, 1960. (SEE Appendix I.) Maximum-hour provisions Daily Weekly 0) (*) Ibid., see Note. Men and women Wholesaling and Ware housing Industry, No. 34, Oct. 30, 1957. (SEE Appendix I.) 0) Men and women Transportation In dustry, No. 38, Aug. 16, 1960. (SEE Appendix I.) (ia) (0 Ibid., see Note. Men and women Construction Industry, No. 44. June 15, 1958. (SEE Appendix I.) 0) 0) Ibid., see Note. Men and women............ Theater and Cinema Industry, No. 48, Sept. 12, 1958. (SEE Appendix I.) 0) Permitted variations 0) Ibid., see Note. Days per week 0) RHODE ISLAND: General Laws 1956, with 1959 supp., vol. 5, sees. 28-3-11, 28-3-16. Women and minors, 16 to 18. Factory, or manufac turing, mechanical, business, or mercantile establishment. Excep tion: Women working by shifts during differ ent periods or parts of the day, in the employ of a public utility. See footnotes at end of table. 68 48. If a 5-day week is worked, daily hours may be 9 3/5. FOR WOMEN—Continued Nightwork Overtime No maximum-hour provisions. How ever, twice the regu lar rate must be paid for hours worked over 8 a day and 44 a week, and on day of rest. do - Meal period Prohibited Regulated 1 hour of rest for meals during 4, or part of 4, con secutive hours of work. Ex ceptions: News paper, magazine and photoen graving phase, provided twice the earned wage is paid em ployee for work during said rest period. No maximum-hour pro visions. However, twice the regular rate must be paid for 9th hour worked on any day; times for hours over 9 a day and on day of rest. No maximum-hour pro 1 hour of rest not later than noon visions. However, for lunch period. twice the regular rate must be paid for Twice the wage rate must bo hours worked over 8 a paid employee day and 44 a week, required or per and on day of rest. mitted to work during said rest period. No maximum-hour provisions. How ever, twice the reg ular rate must be paid for hours worked over 8 a day and 40 a week, and on day of rest. Rest period 15-minute paid period for light meal after first 2 hours of work. 0) €9 STATE HOUR LAWS Employee coverage; oc cupation or industry coverage State RHODE ISLAND—Con. General Laws 1956—Con., secs. 28-3-13, 28-3-14, 28-3-16. Ibid., sec. 28-3-17. ibid., vol. 4, sec. 25-1-6. Minimum-Wage Order, 5-R-2, Jan. 1, 1954. Minimum-Wage Administrative Regulations. Oct. 1, 1957. Maximum-hour provisions Daily Weekly Days per week Permitted variations Women and minors....... Factory, workshop, mechanical, or mercan tile establishment. Ex ceptions: Women work ing by shifts during dif ferent periods or parts of the day in the employ of a public utility; tele phone exchange where operator during the night is not required to operate at the switch board continuously but may sleep during a con siderable part of the night. Persons under 21-—.......................... . ........................... Messenger for tele graph, telephone, or messenger company in the distribution, trans mission, or delivery of goods or messages. Men and women-................................. ........ ........ . 3 q Gainful activities in any store, mill or factory; any commercial occupa tion; work of transporta tion, communication, or industrial process. Ex ception: Work which is both absolutely neces sary and can lawfully be performed on Sunday. Men and women______ < 9. Restaurant and Hotel Restaurant Occupations. (See Appendix I.) Men and women-........... Restaurant, Hotel Res taurant and Public House keeping Occupations. (See Appendix I.) See footnotes at end of table. 70 4 48. If a 5-day week is worked, daily hours may be 9 FOR WOMEN—Continued Nightwork Overtime Meal peiiod .20 minutes after16. consecutive hours of em ployment, ex cept on; (1) 6^hour workday which ends not later than 1 p.m.; (2) 714hour workday which ends not later than 2 p.m., provided worker is al lowed sufficient opportunity for “On-duty” meal.2 Rest period Prohibited Regulated 10 p.m. to 5 Upon written appli cation, with a sworn statement of neces sity for work and of economic hardship which would prevail, at least 10 days pre vious to the Sunday or holiday referred to, Director of Labor may grant a permit for employment on such days. Employees working Sundays and holi days, under such per mit, must receive at least 1H times em ployee's regular rate for work so per formed. Provision inapplicable to per sons employed at letic contests and events. Transportation must be pro vided women going off duty between 11 p.m. and 6 a.m., un less employee has own means of transporta tion. Time spent waiting for such transpor tation to be counted and paid for, as working time. Do. (Applicable to women employed in hotel and hotel restaurant occupations.) 71 STATE HOUR LAWS State Employeo coverage; oc cupation or industry coverage Maximum-hour provisions Daily RHODE ISLAND—Con. Minimum-Wage Men and women............ Order, 4-R-3, Retail Trade Occupa July 1, 1958. tions. (SEE Appendix I.) Minimum-Wage Men and women______ Administrative Retail Trade Occupa Regulation, tions. Oct. 1, 1957. (SEE Appendix I.) SOUTH CAROLINA: Code of Laws 1952, All operatives and em with 1959 supp. ployees. vol. 4, secs. Cotton and woolen 40-61, 40-62. manufacturing establish ments engaged in man ufacture of merchan dise. Exceptions: Me chanics, engineers, fire men, watchmen, team sters, yard employees, and clerical force. Ibid., sec. 40-81... Women.......................... Mercantile establish ments. Ibid., vol. 6, secs. Women and children... 64-5, 64-6. Manufacturing estab lishment, i.e., any plant or place of business engaged in manufactur ing; mercantile estab lishment, i.e., any place where goods or wares are offered or exposed for sale, not including, how ever, a cafeteria or res taurant. Exceptions: Manufacturing estab lishments involving chemical manufacturing processes requiring con tinued and uninter rupted operation for normal production. Ibid., vol. 4, sec Men and women 40-51, 40-52, Cotton, rayon, silk, 40-53. or woolen textile mills. Exceptions: Office and supervisory staff, en gineers, firemen, watch men, shipping and out side crews, repair shop crews, carpenters, me chanics, and electricians. Ibid., vol. 6, secs. Regular employees, 64-4, 64-4.1, i.e., those who usually 64-5.1. work 8 hours or more a week (men and women.) Textile manufactur ing, finishing, dyeing, printing, or processing. Exceptions: Watchmen, firemen, and other main tenance and custodial employees, establish ments in any city hav ing exact population of 5,140, provided no work is performed before 10 p.m. on Sunday. See footnotes at end of table. 72 Weekly Days per week Permitted variations («) If a 5-day week Is worked, daily hours may be 9^.< <48. («) («) (!) (2) (3) 5 (in 7 consec utive days). *6.. Over 10 hours a day or over 55 hours a week may be worked to make up time lost by accident or other unavoid able cause, up to 60 hours in calen dar year. Such time lost must be made up within 3 months after it was incurred. FOR WOMEN—Continued Night work Overtime Meal period Rest period Prohibited Regulated 0) After 10 p.m. SPECIAL NATION AL EMERGENCY PROVISION. Sunday employment permitted if: (1) “of absolute necessity or emergency”; or (2) voluntary work, in certain departments, essential to offset or eliminate a processing bottleneck or to re store a balance in processing operations and to maintain a normal production schedule. 1H times the usual average daily wage or salary must be paid for such employment. ALSO SPECIAL NATIONAL EMERGENCY PROVISION. 73 STATE HOUR LAWS State SOUTH DAKOTA: Code 1939, with 1956 supp., vol. 1, sec. 17.0601. TENNESSEE: Code Annotated (1953), with 1959 supp., vol. 9, secs. 50-718, 50-719. Maximum-hour provisions Employee coverage; oc cupation or industry coverage Females and minors un der 16. Any occupation. Ex ceptions: Farm laborers, domestic servants, tele graph or telephone oper ators, persons engaged in the care of livestock. Daily Females, 15 and over___ 91 Factory (see second maximum-hour entry), mine, mill, workshop, mechanical or mercan tile establishment; laun dry, cleaning, and press ing establishment; hotel, restaurant, roominghouse, theater, mov ing-picture show, bar bershop, beauty shop, roadside drink- or food vending establishment; telegraph, telephone, or other office; express or transportation com pany; State institution, or any other establish ment, institution, or en terprise where females are employed.2 Factory manufactur 10 (double ing woolen, worsted, and the reg cotton goods or articles ular rate out of cotton goods. must be Exceptions: Stenogra paid for phers and pharmacists;4 hours mercantile establish over 9 a ments and telephone day). and telegraph companies in rural districts and in towns of less than 3,000 population; superin tendents, matrons, nurses, and attendants employed by, in, or about such orphans' homes as are charitable institutions not run for profit and not operated by the State; and em ployees engaged in the first processing of, or in canning or packing, See footnotes at end of table. 74 Days per week Permitted variations 10 Females, 18 and over___ 10. Workshops or facto ries, i.e., manufacturing, mills, mechanical, elec trical, mercantile, art, and laundering estab lishments; printing, tele graph and telephone of fices (see second maxi mum-hour entry); de partment stores; or any kind of establishment wherein labor is em ployed or machinery used. Exceptions: Do mestic service, agricul tural pursuits, fruit and vegetable canning fac tories. Telegraph and/or tele- 10phone offices. TEXAS: Civil Stat. (Ver non’s, 1947), with 1959 supp., vol. 15, Article 5172a, secs. 1, 2, 3, 5, 6, 9,11. Weekly 50. In laundries and cleaning and pressing estab lishments, 11 hours’ work per mitted on any day if weekly maximum is not exceeded and double the reg ular rate is paid for hours over 9 a day. In banks, 12 hours’ work permitted in any 1 day, if weekly maxi mum is not ex ceeded and dou ble time is paid for hours over 9 a day.® FOR WOMEN—Continued Nightwork Overtime Meal period Rest period Prohibited Regulated 12 hours a day permit ted on the 5 days pre ceding Christmas. Employees in cities of less than 3,000 popu lation are exempt from 54-hour weekly limitation, provided 10 hours are not ex ceeded in hny one day. In seasonal employ ment, 54 hours may be worked in any 8 weeks of the calendar year.1 In cases of emergency affecting the opera tion of common car riers, public utility companies, and other industries which af fect the health and well-being of State citizens, provisions of the hour law may be suspended for the du ration of such emer gency. ALSO SPECIAL NA TIONAL EMER GENCY PROVI SION. In cases of extraordi nary emergencies, such as great calam ities, or when neces sary for the protection of human life or prop erty, longer hours may be worked, but for such hours double time must be paid to female employees who work more than 40 hours a week. ALSO SPECIAL NATIONAL EMERGENCY PROVISION. 75 STATE HOUR LAWS State TEXAS—Con. Civil Stat.—Con. UTAH: Code Annotated, 1953, with 1959 supp., vol. 4, sec. 34-4-3; and Industrial Commission Welfare Regu lations for any occupation, trade or indus try, effective Sept. 14, 1937, as amended April 20,1948; and Adminis trative Regu lations for the issuance of emergency work permits, approved May 12,1939. Employee coverage; oc cupation or industry coverage Maximum-hour provisions Daily Weekly perishable or seasonal fresh fruits or vegetables; bank employees. (SEE permitted variations for bank employees.) Females, 18 and over__ Any industry, trade, or occupation. Excep tions: Domestic service and executive positions. 8 (in 12 consec utive hours).* 48.. Industrial Com mission Mini mum-Wage Order, No. 1, Sept. 1, 1960.3 Women and minors un der 18.2 Retail Trade Occupa tions. (SEE Appendix I.) 8 (in 12). 48.. Ibid., No. 2, Oct. 1, 1960.3 Women and minors under 18.® Restaurant Occupation. (SEE Appendix I.) 4 8 (7^ in 12, on split shift 0. 48.. Ibid., No. 4, Sept. 1, 1960.8 Women and minors under 18.® Laundry and Cleaning, Dyeing and Pressing In dustries. (SEE Appendix I.) Ibid., No. 3, Sept. 1, 1960.3 Women and minors under 18.® Public Housekeeping Industry. (SEE Appendix I.) See footnotes at end of table. 76 Days per week Permitted variations FOR WOMEN—Continued Nightwork Overtime Meal period Rest period Prohibited Regulated Hour provisions are not By regulation: Yi By regulation: 10 . minutes in each hour for adult applicable to packing 4 hours or fracor canning of perish women; em tion thereof, able fruits or vege ployment prohiblted for period to be tables or to manufac made available turing of containers more than 5 to employee hours without for such industry, after no more during the packing rest and food. than 2^ con season or to picking, secutive hours cleaning, processing, of work. or packing of fowls. If life or property is in imminent danger, overtime permitted. In emergencies or peak periods in the busi ness of an employer, Industrial Commis sion may permit longer hours. By regulation: For overtime in emer gency or peak period, emergency-work per mits must be ob tained from Indus trial Commission; employment for more than 4 extra hours on 3 days in a calendar week prohibited. Between 12 mid Between 10 p.m. 10-minute paid 30 minutes, 5 and 6 a.m. no period in each night and 6 hours after starting work, not 4 hours or a.in., no em woman may be required to fraction thereof, ployee shall to be deducted report for work be required to for employees from hours or be dismissed required to take interval worked, if eraunless the fol work more than separating ployee is not relowing are consecutive work periods. lieved of all made available: hours. duties and per (1) suitable mitted to leave transportation premises. Max at no extra imum period of cost; (2) suit 1 hour may be able facilities allowed. for securing or making hot food and drink. After midnight, For females re no female porting for work period,* 5 hours or whose shift shall be re after starting terminates be quired to work. Maxi work split tween midnight mum period of and 6 a.m., see shift. 1 hour may be Regulated (1) allowed. and (2) under Order No. 1. Do. Unless special permis See Meal Period ___ do..................... See prohibited under Order under Order sion is secured from No. 1. No. 1. Industrial Commis sion, women may not be required to work for a period exceeding maximum hours. In emergency, female over 21 may be re quired to work on 7th consecutive day or over 8 hours in one day, if employer has obtained permission for such work from In dustrial Commission. 677981—-61------ 6 -do.. Do. 77 STATE HOUR LAWS State VERMONT: Stat. Annotated (1959 Revision), with 1959 supp., vol. 7, title 21, secs. 6, 440, 441, 443, 452. Employee coverage; oc cupation or industry coverage Women and minors, 16 to 18. Labor in mine quarry, manufacturing or mechanical establish ment. Exceptions: Telehone exchange where ours of actual labor of operator do not exceed the hours herein pro vided, or where operator during the night is not required to operate at the switchboard contin uously but is able to sleep the major part of the night.1 Maximum-hour provisions Daily Weekly Days per week 50_. Employment over the maximum is not a violation, if such employ ment makes up time lost (more than 30 minutes) on a previous day of the same week, due to stoppage of ma chinery upon which a woman or minor is em ployed or de pendent for employment. E VIRGINIA: Code 1950 (1953 Replacement vol.), with 1960 supp., vol. 6, secs. 40-34, 40 35, 40-39; and chs. 232 and 321 (L. 1960). Females, 18 and over.... 9 (in 14S).. 48. Factory, workshop,2 laundry, restaurant, mercantile, or manu facturing establishment. Exceptions: Bookkeep ers, stenographers, office assistants or cashiers, buyers, managers, or assistant managers, of fice executives; mercan tile establishments in towns of less than 2,000 inhabitants or in coun try districts. See footnotes at end of table. 78 Permitted variations (*) Manufacturing establishments, with a rotatingshift schedule, operating con tinuously 24 hours each day, may employ females 8 hours a day on 7 con secutive days; such 7 consecu tive days to occur not oftener than once in 14 consecutive days. FOR WOMEN—Continued Night work Overtime In cases of emergency or where seasonal or peak demand places unusual and tempo rary burden on a manufacturing or mechanical establish ment, 10 hours a day, 60 hours a week, may be worked, if Com missioner of Indus trial Relations is noti fied and grants per mission in advance for such overtime, the period of which may not exceed 10 weeks in any 1 year. In a manufacturing establishment or busi ness, the materials and products of which are perishable and require immediate labor to prevent decay or damage, any provision of the stat ute regulating em ployment of women and minors may be suspended for a period not to exceed 2 months in year, by Commissioner of In dustrial Relations with approval of the Governor. In cases of extraordi nary emergency or extraordinary public requirements, em ployer engaged in public service8 may be exempted. SPECIAL ALSO PROVISIONS IN CASE OF WAR. During fruit and vege- . table seasons, hour provisions do not ap ply to factories en gaged exclusively in canning, processing, or packing of fruits or vegetables. 10 hours a day may be worked for a period of 90 days annuaUyin the (1) handling or^ redrying of leaf tobac co during the tobacco market seasons, (2) shelling and/or clean ing of peanuts, (3) shucking and pack ing of oysters, (4) dressing and process ing of poultry. In florist shops and greenhouses women may be employed 10 hours a day on the 3 days preceding and on Valentine’s Day, Christmas Day, Easter Sunday, and Mother’s Day. Meal period Rest period Prohibited Regulated STATE HOUR LAWS State Employee coverage; oc cupation or industry coverage Maximum-hour provisions Daily Weekly VIRGINIA—Con. Code 1950—Con. WASHINGTON: Revised Code Annotated (1951), with 1953 and 1955 supp., vol. 7, title 49, secs. 49.28.070, 49.28.080. Ibid., sec. 49. 28.080. Industrial Wel fare Commit tee MinimumWage Order, No. 43, Apr. 1, 1949, as amended by ch. 294 (L. 1959), effective June 11, 1959. Ibid., No. 44, June 6, 1949, as amended by ch. 294 (L. 1959), effective June 11, 1959. Ibid., No. 45, and 45A, Nov. 28, 1949, as amended by ch. 294, (L. 1959), effective June 11, 1959. Females, 18 and over___ 8. Mechanical or mer cantile establishment, laundry, hotel, or res taurant. Exceptions: Harvesting, packing, curing, canning, or dry ing of perishable fruits or vegetables; canning fish or shellfish. Males and females... Household or domes tic employees. Women and minors un (3) der 18. Office Workers. (SEE Appendix I.) Women and minors un der 18. Mercantile Industry, Wholesale and Retail. (SEE Appendix I.) 0) Women and minors un der 18. Theatrical, Amuse ment and Recreation In dustry; and General Amusement and Recrea tion Industry. (SEE Appendix I.) K3) See footnotes at end of table. 80 *60.. Days per week Permitted variations FOR WOMEN—Continued Night work Overtime Meal period Rest period Prohibited Regulated In developing and printing of amateur photographic film, women may be em ployed 10 hours a day for 3 working days following Dec. 25, Jan. 1, Easter Sunday, July 4th and Labor Day. In hospitals, hour pro visions do not apply, in an emergency situ ation when strict compliance might reasonably be calcu lated to jeopardize lives or health of persons relying on such hospitals for care or treatment. ALSO SPECIAL WARTIME PRO VISIONS. 0) SPECIAL PRO VISIONS FOR PERIOD OF NA TIONAL EMER GENCY. In cases of emergency, employment may be for “a longer period." 30-minutes in each and every 8hour shift. 10 minutes in every 4-hour work period. 30-minutes in each regularly sched uled full-time shift. 10-minute paid period in each 4-hours' consec utive work; or, when morning shift is less than 4 hours and afternoon shift is 4 hours, one 15-minute paid period in after noon shift. 10-minute paid period in each 4-hour work period, insofar as practicable in middle of each work period. 30-minutes in each regularly sched uled full-time shift; prohibits work for more than 5 consec utive hours without a meal period. "On-duty" meal period to be counted as hours worked. 81 STATE HOUR LAWS State Employee coverage; occupation or industry coverage WASHINGTON— Continued Industrial WeiWomen and minors unfare Committee der 18. Minimum-Wage Public Housekeeping Order No. 46, Industry. Jan. 23, 1950, (SEE Appendix I.) as amended by ch. 294 (L. 1959), effective June 11, 1959. Maximum-hour provisions Daily Weekly Days per week (>) p Ibid., No. 47, Feb. 13,1950. as amended Dy ch. 294 (L. 1959), effective June 11, 1959. Women licensed by the State to practice beauty culture. Beauty Culture Indus try. (SEE Appendix I.) c) Ibid., No. 48, June 5,1950, as amended by ch. 294 (L. 1959), effective June 11, 1959. Women and minors under 18. Laundry, Dry Clean ing and Dye Works In dustry, (SEE Appendix I.) p) Ibid., No. 49, July 10, 1950, as amended by ch. 294 (L. 1959), effective June 11, 1959. Ibid., No. 50, July 17, 1950, as amended by ch. 294 (L. 1959), effective June 11, 1959. Minors under 18 (SEE Appendix I.) ‘8.............. Women and minors under 18. Manufacturing and General Working Con ditions. (SEE Appendix I.) (s) Women and minors under 18. Food Processing Indus try. (SEE Appendix I.) (3) Ibid., No. 52, Women......... .................. Apr. 16,1951, Fresh Fruit and Vege as amended by table Packing Industry. eh. 294 (L. (SEE Appendix I.) 1959), effective June 11, 1959. See footnotes at end of table. (') Ibid., No. 51, Mar. 12, 1951, as amended by ch. 294 (L. 1959), effective June 11, 1959. 82 Permitted variations 6.............. FOR WOMEN—Continued Night work Overtime Meal period 30 minutes in each regularly scheduled full time shift; pro hibits work for more than 5 consecutive hours without a lunch period. Provision not applicable to nurses’ aides on a shift from 11 p.m. to 7 a.m. Yi hour, and on request, a maxi mum of 1 hour, in every regular full-time shift. Rest period 10-minute paid period for each 4 hours’ work ing time, or major fraction thereof, and in sofar as practi cable in middle of work period and not in rush periods. 30 minutes in 10-minute paid each regularly period in each scheduled full 4-hour work time shift; pro period. hibits work for more than 5 consecutive hours without a meal period. 30 minutes; pro ___ do__________ hibits work for more than 5 hours without a meal period. 30 minutes in each regularly scheduled full time shift; pro hibits work for more than 5 consecutive hours without a lunch period. Shorter lunch period may be authorized by supervisor of women and minors in in dustry, if appli cation is made and good cause shown. 30 minutes; pro hibits work for more than 5 consecutive hours without a lunch period. Shorter lunch period may be authorized by supervisor of women and minors in in dustry, if ap plication is made and good cause shown. ....... do.................. . Prohibited Regulated After 12 mid night for women eleva tor operators. (») 10-minute relief period in every continuous half shift, as nearly as practicable in middle thereof. Relief period to be by general relief or by re lief personnel, at option of employer. 15-minute paid period, arranged for by individual re lief or general period, in each 4- or 5-hour shift, as nearly as practicable in middle of each shift. do. 83 STATE HOUR LAWS State Employee coverage; oc cupation or industry coverage WASHINGTON— Continued Industrial Wel Women and minors un fare Committee der 18.4 Minimum-Wage Telephone and Tele Order No. 53, graph Industry. May 1, 1951, as (SEE Appendix I.) amended by ch. 294 (L. 1959), effective June 11, 1959. WEST VIRGINIA: Department of Labor Regula tions for the Protection and Preservation of Life, Health, and Safety of Women in Industry (1943). Maximum-hour provisions Daily Weekly C8) Females_______ Any industry. WISCONSIN: Stat. Annotated (West’s, 1957), with 1959 supp., vol. 17, secs. 103.01, 103.02; and Administrative Code. Rules of Industrial Commission, sec. Ind 74. Females, 18 and over.1—- 9 (in 15*). Any trade, occupa (SEE tion, or process of Nightmanufacture, or any work.) method of carrying on such trade or occupa tion, or any place of em ployment.3 See also Hotels and Telephone Operators. Exceptions: (By Ad ministrative Code) from hour restrictions of sections 103.01 and 103.02 Wis. Stats, and Orders of Industrial Commis sion: Women, 21 years or over who are execu tives, professional wom en,4 registered pharma cists, doctors, dentists, or registered nurses; office employees of fac tories, laundries, and mercantile establishSee footnotes at end of table. 84 Days per week 0) 60. Permitted variations FOR WOMEN—Continued Night work Overtime Meal period Rest period 30 minutes in each 10-minute paid pe riod in each con 8-hour shift; pro tinuous 4-hour hibits work, by period of em employee on 8ployment. hour shift, for Paid waiting time more than 5 considered as sat hours without a isfying the restmeal period. Ex period require ception: Em ment. ployee may waive lunch period with SEE “On-duty” meal and rest employer’s con period under sent on Satur meal period. day, Sunday, holiday, and night duty, i.e., when major time is between 6 p.m. and 7 a.m. “On-duty” meal and rest periods, counted as time worked, permit ted where only one employee on duty or nature of work prevents relief from all duties. Yi hour must be allowed as a lunch period. 10 hours a day, 55 hours Less than 1 hour during each day a week, may be or night for worked during emer dinner or other gency periods, not to meals. exceed 4 weeks in year, if lYi times (By Administra tive Code.) regular rate is paid At least 30 min for excess time. utes close to Industrial Commission usual meal is authorized to issue period time or general or special at such other orders fixing such pe time deemed riod or periods of time reasonable by (day, night, or week) Commission. during which work may be done, as shall Prohibits employ ment of women be necessary to pro for more than 6 tect the life, health, hours without a safety, or welfare of meal period. women workers. Until such orders have been issued by the Commission, the hours specified in the statute prevail. Prohibited Regulated (<0 <*) Employment be (By Adminis tween 8 p.m. and trative Code.) 6 a.m. more than In factories 1 night a week and laundries may not exceed on shifts start 8 hours a night. ing or stop 48 hours a week. ping between (By Administra 1 a.m. and 6 tive Code.) a.m.; be Maximum hours: tween 12 mid 8 a day, 48 a night and 1 week. a.m., when adequate pub (SEE also Hotels and Telephone lic or private Operators.) transporta Night shift means tion is not work between 6 available. p.m. and 6 a.m. in factories and laundries; 6:30 p.m. and 6 a.m., except for 1 night a week, in mer cantile or me chanical estab- 85 STATE HOUR LAWS WISCONSIN— Continued Stat. Annotated and Administra tive Code— Continued Daily Weekly ments, if office is sepa rate from such estab lishment and work does not require office workers to enter fac tory, laundry or mer cantile establishment. Hotels«. fBy Administrative Code): Telephone operators in exchanges hav ing: 1,500 telephones and over. 600 to 1,499 tele phones. 400 to 599 telephones. 200 to 399 telephones. Under 200 tele phones. Administrative Code. Rules of Industrial Commission, sec. Ind 73. Maximum-hour provisions Employee coverage; oc cupation or industry coverage State Women and minors, 16 and 17.7 Canning or First Proc essing Fresh Fruits or Vegetables, during sea son of actual canning of product. Exceptions: Factories engaged in de hydrating fruits and vegetables, which are covered by general fac tory regulations. See footnotes at end of taole. 86 10. 55. 9 50. 10. 50 10. 10. 10. 54 54 60 6 9............ . 8 54. Days >er wee! Permitted variations FOR WOMEN—Continued Nightwork Overtime Meal period Rest period Prohibited Regulated lishments, con fectionery stores, telegraph offices, telephone offices and exchanges, express and transportation establishments; 8 p.m. to 6 a.m., except for 1 night a week, in res taurants and beauty parlors. (By Administrative Code.) Hours in ex cess of day or night work maximums may be worked not more than 4 weeks in year, in emergency or peak periods, provided: In dustrial Commission is notified of such overtime within 24 hours, and time and one-half the regular rate is paid for the excess hours. Employment between 9 p.m. and 6 a.m., may not exceed 9 hours a night, 54 hours a week. (5) 30 minutes free for each meal. (By Administra tive Code): Night shift in exchanges with 1,500 or more telephones is work between 6:30 p.m. and 6 a.m. on more than 1 night a week; maxi mum hours, 8 a night, 48 a week; in ex changes with less than 1,500 telephones is work between 10 p.m. and 6 а.m. and, according to the number of telephones, is counted as 8, б, 5, and 4 hours, respec tively. In emergencies occa 30 minutes at usual time for sioned by break downs, climatic condi meals, viz, at or tions or unusual peak about 12 noon, loads, women and 6 p.m. and mid minors, 16 years and night. over, may work 11 Stretch of work hours a day, 60 hours between meal a week, for not more periods may not exceed 6 hours. than 12 days, in can neries which have complied with safety and sanitation orders of the Industrial Commission. Time and one half the regular rate must be paid for hours over 9 a day, 54 a week. 87 STATE HOUR LAWS State WISCONSIN— Continued Stat. Annotated (West’s, 1957), with 1959 supp., vol. 17, sec. 103.85; and Ad ministrative Code. Rules of Industrial Commission sec. Ind 75. Stat. Annotated (West’s, 1957), with 1959 supp., vol. 17, sec. 103.69. WYOMING: Stat. 1957, with 1959 supp., vol. 7, secs. 27-218, 27-220. Employee coverage; oc cupation or Industry coverage Maximum-hour provisions Daily Men and women______ Factory or mercantile establishment. Excep tions: Janitors, watch men; manufacture of butter, cheese, or other dairy products; distri bution of milk or cream; canneries, bakeries, flour and feed mills; hotels and restaurants; em ployees whose duties require no work on Sun day other than caring for live animals or main taining fires; any labor called for by an emer gency that could not reasonably have been anticipated; and (By Administrative Code) specified male employ ees in paper and pulp mills, viz. superintend ents and department heads whose work is su pervisory and not man ual; millwrights, elec tricians, pipefitters and other employees whose duties include not more than 5 hours of essential work on Sunday, mak ing necessary repairs to boilers, piping, wiring or machinery. Minors under 21 ............. Messengers for tele graph or messenger com pany in the distribu tion, transmission, or delivery of messages or goods, in cities of 1st, 2d, and 3d class. Females, 16 years and over. Manufacturing, me chanical, or mercantile establishment, laundry, hotel, public lodginghouse, apartment house, place of amusement, or restaurant.* See footnotes on next page. Weekly Days per week 24 consec utive hours of rest in every 7 consec utive days. 8 *8 (in 12).. Permitted variations FOR WOMEN—Continued Nightwork Overtime ¥ Meal period Rest period Prohibited Regulated Work on 7th day per mitted in case of breakdown of ma chinery or equipment, or other emergency requiring immediate services of experi enced and competent labor to prevent seri ous injury to person, damage to property, or suspension of necessary operations when such labor is not otherwise im mediately available. Industrial Commission may by general or special order make reasonable exceptions or modifications to the law if it deter mines that the carry ing out of the stat ute’s provisions causes practical diffi culties or unnecessary hardships, and that “life, health, safety, and welfare of em ployees shall not be sacrificed or endan gered thereby.” 8 p.m. to 6 a.m.® Over 8 hours a day in a 12-hour period may be worked, provided time and one-half is paid for each and every hour of over time in any 1 day for each day during which such overtime is worked.1 In an emergency, fe males may be em ployed overtime if time and a half is paid for hours over 8 a day. An Execu tive order or procla mation of the Presi dent of the United States declaring an emergency is to be construed as an emer gency within the pur view of this act.* 2 rest periods of not less than 15 minutes each, 1 before and 1 after the lunch hour,8 for fe males who are required to be on their feet continuously. 89 FOOTNOTES ALABAMA: 1 The penal code imposes a fine on any person who “compels his child, apprentice or servant to perform any labor on Sunday," with exceptions. (Code 1940, with 1955 supp., vol. 4, title 14, ch. 16, sec. 420.) ALASKA: i Alaska has no maximum hours law. The “Alaska Wage and Hour Act" H.B. 101, L. 1959, effective May 4, 1959, requires employer in commerce, other business, or production of goods or materials to pay employees, male and female, not acting in a supervisory capacity, one and one-half times the employee’s regular rate for hours over 8 a day, 40 a week, with specified exceptions. ARKANSAS: 1 Labor Commissioner may grant exemptions to meal period provisions on such terms and conditions as he, in his discretion, may prescribe. 2 Females employed in executive or managerial capacity defined as persons who exercise real supervision and managerial authority entirely different from that of regular salaried employees, and who receive at least $35 a week exclusive of commissions and bonuses. CALIFORNIA: 1 Applicable to employment by one or more employers in enumerated occupations and industries. :Hours of work permitted per day shall be consecutive, except on Sundays, holidays and time for meals; provision does not apply to hospitals employing only one person to compound physicians’ prescriptions. ’ 2 Not more than 12 days may be worked in any 2 consecutive weeks. The employer shall apportion the periods of rest to be taken by an employee so that the employee will have the complete day of rest during each week. 4 Women pharmacists may work the same hours as men because their hours of work are governed by the laws regulating hours of work of pharmacies. (Op. Atty. Gen., June 22, 1956.) 5 Employer may declare an unpaid recess of one-half hour or more, provided (a) employee is notified of time to report back, and is permitted to leave the premises, and (b) there are not more than 2 such periods within one shift and total duration does not exceed 3 hours. COLORADO: 1 Beauty shops come within the term mercantile establishment, (Op. Atty. Gen., Apr. 13, 1939); section does not apply to women in cleaning and dyeing establishments, (Op. Atty. Gen., Oct. 20, 1939); women employed in drug stores who do not sell drugs and medicines at retail, or compound physicians' prescrip tions, are subject to this section. (Op. Atty. Gen., Feb. 27, 1939.) 2 Periods of rest to be taken by the employee must be so apportioned that the employee is entitled to 2 half-days or 1 complete day of rest during each week; 108 hours to be worked on not more than 13 days in 2 consecutive weeks. 3 Law applies only to those who actually sell drugs and medicines at retail or who compound physiciansprescriptions. Any other women in drug stores are subject to sec. 80-7-13. (Op. Atty. Gen., Feb. 27, CONNECTICUT: 1 Nightwork provisions are applicable to females employed in any manufacturing, mechanical or mer cantile establishment, or in any public laundry, public restaurant, cafe, dining room, barbershop, hair dressing or manicuring establishment, or photograph gallery. Provisions inapplicable to physicians, surgeons, nurses, pharmacists, attorneys at law, and teachers, or to women engaged in social work, or to display workers whose chief or sole duty is the arranging and displaying of merchandise for advertising purposes in accordance with designs created by themselves, and who receive at least $150 a month. 2 In lieu of adequate public transportation, transportation shall be available to the worker, either by use of a personally owned automobile or through facilities satisfactory to the Commissioner of Labor, providing for transportation by the employer or by means of an approved car-pool arrangement. 3 The provisions of the law regulating hours of women employees apply to employment of women prescription pharmacists. (Op. Atty. Gen., Mar. 18, 1937.) 4 Public laundry regarded as a manufacturing establishment. (General Statutes (Revision 1958), vol. 6, sec. 31-43.) * No person shall require or permit any employee engaged in any commercial occupation or in the work of any industrial process to do any work of his occupation on Sunday unless such employee shall be relieved from work for 1 full regular working day during the following 6 days. DELAWARE: 1 When employed by more than one concern or employer in covered establishments or occupations, the total time of employment shall not exceed that allowed per day or week in a single establishment or occupation. (Code Annotated (1953), with 1958 supp., vol. 10, title 19. sec. 303.) FLORIDA: 1 Whoever employs his apprentice or servant in labor or other business on Sunday, unless it be in the ordinary household business of daily necessity, or other work of necessity or charity, shall be fined not more than $10 for each offense. (Statutes Annotated (1944), with 1959 supp., vol. 22, title 44, sec. 855.03.) HAW An: 1 The Hawaii wage and hour law, applicable to employees in private employment, with exceptions, places no limit on hours of employment, but requires payment of 1H times a worker’s regular rate for hours over 40 a week, except for specified agricultural employees who are permitted, during 20 weeks of the year, to work up to 48 hours a week at the regular rate, with payment of l\h times such employee’s regular rate for hours over 48 a week. Prohibits split shifts unless all shifts fall within 14 hours, except in case of extraordinary emergency. (Revised Laws of Hawaii, 1955, vol. 1, sec. 94.4.) IDAHO: 1 Railroads in interstate commerce and telegraphers and printer operators for railroads in interstate commerce not restricted by State hour regulation. (Ops. Atty. Gen., Mar. 22, and Oct. 7,1941.) ILLINOIS: 1 By interpretations of the Attorney General, the scope of the 8-hour law may be summarized as followsNewspaper publishers are not subject to the act (Aug. 26, 1937). Included under coverage are females employed in any office of enumerated industries and at the county poor farm (Aug. 26, 1937); in dyeing and cleaning establishments and as accountants in mercantile establishments (Jan. 5, 1940); in charitable institutions (Nov. 18, 1942); and in commercial hatcheries (Apr. 29, 1943). Excluded from coverage are females employed in insurance companies, real estate agencies, finance companies, fraternity houses and radio stations (Jan. 5, 1940); in “Currency exchanges" (June 19, 1947); and in banks (Aug. 30,1949). 90 ILLIN OIS—Continued J Factory includes a mill, workshop or other manufacturing establishment, and all buildings, sheds structures or other places used for, or in connection therewith, where one or more persons are employed at manufacturing, including making, altering, repairing, finishing, refining, bottling, canning, cleaning or laundering any article or thing. * Opinions of the Attorney General re the scope of the 6-day-week law indicate that the following employees are not included in the coverage: Employees of undertaking establishments, radio stations, fraternity houses, charitable institutions (Jan. 8, 1940); workers employed by cemetery associations (Dec. 7, 1946). KANSAS: 1 Orders have been promulgated by the Kansas Labor Department, pursuant to the authority vested in it by the State legislature, to “establish such standards of wages, hours, and conditions of labor for women . . . and minors . . . as shall be held hereunder to be reasonable and not detrimental to health and welfare.” (General Statutes Annotated 1949, with 1955 supp. (Corrick’s) secs. 44-601,44-601a). The Labor Depart ment of Kansas reports that under this same authority permits are issued granting permission to employ women in war production in excess of the hours established by Industrial Welfare Order No. 2. 2 Employment between 12 midnight and 5 a.m. prohibited for females under 18 years. 3 Eight hours a day and 6 days a week constitute a basic workweek for all women and minor telephone operators. KENTUCKY: 1 No day-of-rest provision. By statute, every employer who requires or permits any employee to work 7 days in any 1 workweek shall pay such employee at the rate of time and one half for the time worked on the 7th day, except employee not permitted to work more than 40 hours during the workweek. Exempt from overtime provisions are: Supervisors, telephone exchanges with less than 500 subscribers, stenog raphers, bookkeepers, technical assistants of licensed professionals, employees subject to Federal Railway Labor Act; seamen, persons icing railroad cars, common carriers under Division of Motor Transportation; employees and employers subject to F.S.A.A., F.R.M.A., I.C.C., Ky. P.S.C.; hospitals and charitable institutions; employees of the State, United States or any political subdivision; farming; work performed in homes, residences, restaurants, hotels, and apartment houses, such as cleaning, waiting on tables, etc.; and general house, restaurant or hotel work. (Revised Statutes (1958), secs. 337.010 and 337.050.) Another statute prohibits Sunday employment, with exceptions. (Sec. 436.160 (1-3).) LOUISIANA: J Where female employee works 6 days for one employer and works for another employer at another job on the 7th day of the week, thereby working 7 consecutive days, neither employer is guilty of any violation. (Op. Atty. Gen., Apr. 18, 1955.) 2 By interpretation, beauty shops are covered by law as mechanical establishments (Op. Atty. Gen., May 12,1943), and radio stations as telegraph establishments (Op. Atty. Gen., June 11, 1945). Exempted by interpretation are registered nurses in manufacturing establishments (Op. Atty. Gen., Oct. 17, 1945), employees of boardinghouses (Op. Atty. Gen., Sept. 28, 1945), and females employed entirely in clerical work or growing of plants in florist shops, also inapplicable in communities of less than 6,000 (Op. Atty Gen., Sept. 18, 1944). * By interpretation, section 311 is applicable to females employed in barrooms Op. Atty. Gen., Sept. 29 1953.) MAINE: i Statute prohibits females from knowingly being employed or accepting employment for more than maximum hours in one or more establishments. MARYLAND: i An act of 1888 (amended in 1943) limits to 10 hours the workday of employees in the service or under the control of corporations or manufacturing companies engaged in manufacturing cotton or woolen yarns, fabrics, or domestics of any kind. Certain exemptions applicable to males over 21 years of age are in the act. (Annotated Code 1957, with 1959 supp., vol. 8, Art. 100, secs. 1-3.) * Statute prohibits any person “having servants or children” to “command or suffer any of them to do any manner of work or labor on Sunday,” with exceptions. (Annotated Code 1957, with 1959 supp., vol. 3, Art. 27, sec. 492.) * By interpretation statute does not apply to office work in the establishments covered by the law. (Op. Atty. Gen., Oct. 23, 1941.) MASSACHUSETTS: 1 Exceptions to 10-hour overall spread: (1) Transportation or telephone companies, hotels, private clubs and places of amusement where the employment is determined by the department to be seasonal, and to hotels where meals are served during 3 separate periods totaling not more than 7 hours in 1 day and the employment is connected with serving of meals; (2) in mercantile establishments, spread of 11^ consecutive hours permitted during a total of not more than 7 days in any calendar year, of which 6 shall be weekdays within 4 weeks immediately preceding Christmas, and the 7th, the Saturday immediately preceding Easter; (3) in any place of employment where the principal source of income of certain employees is in tips or gratuities, upon written petition of not less than 60 percent of such employees, the Commissioner may allow a spread of 12 hours; (4) hospitals if Commissioner finds an emergency exists requiring such action. 2 The current expiration date is July 1, 1961; this regulation has, for a number of years, been extended annually by the legislature. 3 In addition, employment on Sunday in a number of occupations is prohibited, with specified exceptions and variations. MICHIGAN: 1 Commissioner of Labor recommends: “There be rest periods of 15 minutes duration morning and after noon or like employment periods, such as swing shifts. ’ 2 By interpretation, includes beauty shops. (Op. Atty. Gen., Apr. 7,1931.) 3 By interpretation, includes telephone office. (Op. Atty. Gen., Mar. 19,1914.) * The extension of hours (during the canning season) is granted only when the employer has exhausted all sources of additional employees. MINNESOTA: 1 Statute provides that “all trades, manufactures and mechanical employments” are prohibited on Sun day, with exceptions. (Statutes Annotated (1945) with 1959 supp., vol. 40, sec. 614.29.) 2 Applicable in sanatoriums to chambermaids, janitresses, kitchen workers, elevator operators and telephone operators, but not to nurses or other employees. (Op. Atty. Gen., June 11,1941.) 91 MISSISSIPPI: 1 The factory inspector recommends that all places of business operating 7 instead of 6 days per week and employing females, should give all female employees 1 day off in every 7 days, or reduce the daily working period on 7-day week employment to 814 hours a day in order to stay within the legally prescribed 60-hour week schedule. 2 Under the criminal laws, it is unlawful for any person “to employ another person to work on Sunday,” with specified exceptions. (Code Annotated 1942, with 1958 supp., Recompiled, vol. 2A, sec. 2868.) 2 Employment of persons over 16 limited to 10 hours a day in any mill, cannery (except fruit or vegetable), workshop, factory, or manufacturing establishment, except that on first 5 days of week an additional Yi hour a day may be worked, such additional time to be deducted from the last day of the week; and except that persons employed at night only, may work 11H hours on first 5 nights of week and 3% hours on Saturday night, but 60 hours shall constitute a full week’s work for such employees. (Code Annotated 1942, with 1958 supp., Recompiled, vol. 5A, secs. 6986 and 6992.) MISSOURI: 1 Under the penal law, it is a misdemeanor for anyone to “compel or permit an apprentice, servant or any other person under his charge or control, to labor or perform any work” on Sunday, with specified excep tions. (Annotated Stat. (Vernon’s 1949) with 1959 supp., vol. 41, sec. 563.690.) MONTANA: * Montana State constitution (Art. XVIII, sec. 4, as amended by referendum effective Dec. 2, 1936), provides that “a period of 8 hours shall constitute a day’s work in all industries, occupations, undertakings, and employments, except farming and stock raising; Provided, however, That the legislative assembly may by law reduce . . . but shall have no authority to increase the number of hours constituting a day’s work beyond that herein provided.” In addition to the statutory provisions shown, various other provisions also require that 8 hours shall con stitute a day’s work for persons (men and women) employed in specified industries and occupations, includ ing public amusements; mines, mills, and smelters; railway employees; sugar refineries; and others. Some provide also that 48 hours shall constitute a week’s work. 2 By law, every Sunday is considered a legal holiday in the State of Montana. (Montana Revised Codes 1947, Replacement vol. 2 with 1959 supp., Sec. 19-107.) NEBRASKA: 1 Office does not include a bank. (Op. Atty. Gen., Jan. 22, 1943.) 2 The legislature has classified cities with more than 5,000 but not more than 40,000 population as first class; with more than 40,000 but less than 150,000 population, as primary; and with 150,000 population or more, as metropolitan. (Revised Statutes 1943, with Cumulative supp., secs. 16-101, 15-101 and 14-101.) 3 Hour law applicable to all females, including supervisors employed in establishments mentioned in the statute; limitation cannot be escaped by having female supervisors complete their work at home. (Op. Atty. Gen., Dec. 11, 1957.) * The “lunch hour” statute does not apply to a retail store, since such a place is not an assembling plant, workshop, or mechanical establishment. (Op. Atty. Gen., Dec. 11, 1957.) NEVADA: 1 Seven-day week is prohibited by statute even though total hours do not exceed 48. (Op. Atty. Gen., Mar. 30, 1955.) 2 Meal and rest periods must be included in the 8 hours of work per day to which women are limited. (Op. Atty. Gen., May 11, 1947.) NEW JERSEY: » Day means any 24-hour period; it does not refer to a calendar day. (Op. Atty. Gen., Sept. 10, 1959.) NEW MEXICO: 1 No day-of-rest provision; law provides that not more than 48 hours may be worked in any 1 week of 7 days. However, according to the following decision, “any hotel, restaurant or cafe which requires a female employee to work more than 48 hours in any 1 week of 7 days, without a rest period of at least 1 day per week (not 1 day per 2 weeks) is violating the law . . . and the intention of the legislature that every female employee should get at least 1 day of rest each week.” (Op. Atty. Gen., Oct. 19, 1954.) 2 Dry cleaning establishments are mercantile establishments within the meaning of the law. (Op. Atty. Gen., June 17, 1955.) 3 A woman employee working over 8 hours a day but not over 48 hours a week is not entitled to overtime pay. However, she should not be permitted to work over 8 hours a day, except as provided by the emer gency clause. (Op. Atty. Gen., July 21, 1952.) A cleaning establishment, being a mercantile estab lishment, may work its women employees in excess of 8 hours per day in emergency cases, but for all excess work over 48 hours in any 1 week of 7 days, will have to pay on a time and one-half basis. (Op. Atty. Gen., Oct. 19, 1954.) * The scope of the exemptions has been interpreted to exempt from coverage all female employees in a telephone or telegraph office where 5 or less are employed (Op. Atty. Gen., 3937); of hospitals and sanitari ums, including clerks, cleaning women, etc., (Op. Atty. Gen., Mar. 17, 1953); female dental assistants whose duties are not entirely clerical and stenographic (Op. Atty. Gen., Apr. 24,1953); and to exclude from coverage State employees whose hours of labor may be fixed by the Governor, subject to approval of the State board of finance (Op. Atty. Gen., Mar. 16,1953). « Female taxicab drivers must be employed in accordance with laws pertaining to hours of employment of females (Op. Atty. Gen., Sept. 25, 1952). 9 For women employed in transportation, ch. 180, Laws of 1921 (repealed by Women’s 8-Hour Law of 1933, as amended in 1939) is still in force. (Op. Atty. Gen., Oct. 4, 1933.) NEW YORK: * Where a female or male minor is employed in two or more factories or mercantile establishments in the same day or week, the total time of employment shall not exceed that allowed per day or week in a single factory or mercantile establishment. (Consolidated Laws Annotated (McKinney’s 1948) with 1959 supp., Book 30, sec. 174.) 2 Provisions inapplicable to women office workers 16 years of age and over, even if duties are partly per formed in a manufacturing or mercantile establishment. (Op. Atty. Gen., Mar. 20, 1928.) 3 The term “Resort” applies to establishments which operate for not more than 4 calendar months and 15 days in each year. The term “Seasonal” applies to establishments in which the number of employees is increased by at least 100 percent from the slack to the busiest season. * Under 18 years, employment prohibited. *Under 21 years, employment prohibited. 9 Statute reads that employers shall allow employees “at least 24 consecutive hours of rest in any calendar week.” 92 * a + *_ ^ NORTH CAROLINA: 1 Employees of motion picture theaters, restaurants, dining rooms and public eating places permitted overall spread of 14 consecutive hours. 2 For hours law applicable to establishments employing 9 or more persons in many of these industries, see first entry in coverage column. NORTH DAKOTA: • Work in manufacturing, mechanical, mercantile, laundry, express or transportation company not within emergency exemptions. (Op. Atty. Gen., Jan. 10, 1944.) 2 All existing State wage and hour laws applying to women workers shall apply to all manufacturing in dustries and establishments. 3 Hospitals are not subject to regulations as public housekeeping establishments with respect to hours of employment required of female kitchen workers, according to decision of the State Supreme Court. {Panel v. Trinity Hospital Association (1942), 72 N.D. 262; 6N. YV. 2d 392.) 4 Women may not be employed more than 26 days a month. OHIO: 1 Title 41, sec. 4109.22 of the Ohio Revised Code, as amended, Sept. 30,1955, regulates hours of employment for females under 18 years of age. 2 If workday is not continuous, overall work period may not exceed 10 hours, except 12 hours in nonprofit hospitals, hotels, and restaurants; 13 hours in communications companies. 3 A female may be employed in more than one place of employment, provided the aggregate number of hours employed do not exceed 8 a day, 48 a week. 4 Ohio State Regulation of Hours of Employment of Females 18 and Over sets maximum workweek of 8 hours a day, 48 hours a week for retail store, office, laundry or dry cleaning; of 9 hours a day, 48 hours a week for factory, restaurant, hotel, drive-in, bar, hospital, financial institution, and other types of work. (Ohio Department of Industrial Relations: A Working Woman’s Guide, Feb. 1958.) OKLAHOMA: 1 Not applicable to females employed in banks. Ex parte Carson, (1926), 33 Okla. Cr. 198, 243 P. 260. OREGON: 1 More restrictive hours of employment of women and minors, provided for in Wage and Hour Com mission’s orders, take precedence over longer hours permitted under statute. Letter ruling of Commissioner of Bureau of Labor, Sept. 14, 1959. Maximum hour provisions which prevail under these orders are listed in chronological order following statute citation in chart. 2 Order No. 4 specifies night work prohibited for minors. 3 Order provides that “Every woman and minor shall have at least 1J-3 days rest in seven.” PENNSYLVANIA: 1 Applicable to work in one or more establishments. 2 By interpretation, manufacturing establishments include bakeshops. (Department of Labor and Indus try, Mar. 25, 1925.) 3 From Department of Labor and Industry Regulations: Spread of hours limited to 2 hours more than the maximum working hours permitted by law or regulation. (G-4). In cases of change of shift, schedule must provide 12 hours between tours of duty. (G-9). In hotels and restaurants, the spread of hours may not exceed 13 in a day, except that for front-office employees working split shifts, the daily spread shall be determined by averaging over a 2-day period. (S-2). In transportation industry, employees must have 12 hours between tours of duty, 10 in emergencies. (S-4). In telephone industry, 10 hours may be worked within 13 consecutive hours in 1 day. (S-5). 4 By interpretation, executives include industrial nurses earning at least $35 a week. (Department of Labor and Industry, Aug. 4, 1941.) PUERTO RICO: 1 Puerto Rico’s 1919 law regulating the work of women and children (Session laws: 1919, Act 73, as amended 1930, Act 28, and 1947, Act 6), was amended in 1949, Act 364, eliminating the previous maximumhour limitations for women of 8 hours a day and 48 hours a week. The law as now amended provides that women not subject to the Federal Fair Labor Standards Act of 1938, as amended, shall be paid twice the salary agreed for regular hours of work in excess of 8 hours up to 12 hours a day, or in excess of 48 hours up to 72 hours a week, and triple time for hours in excess of 12 hours a day or 72 hours a week; women covered by the FFLSA shall be paid time and one-half salary agreed upon for work after 8 hours up to 12 hours a day, or in excess of 40 hours up to 60 hours a week, and triple time after 12 hours a day or 60 hours a week. Act 379, Session laws 1948, has similar provisions for all employees “in every commercial, indus trial, and agricultural establishment; in every shop, factory, centrale, mill, and manufactory; in every ranch, property, farm, estate, and plantation; in every public-service enterprise, in every gainful business, including printeries, publishing houses, newspaper enterprises, clinics, hospitals, pharmacies, teaching institu tions, boardinghouses, hotels, eating houses, restaurants, stores, groceries, warehouses, depots, markets, garages, bakeries, theaters, racetracks, casinos, and other similar businesses; in every business office or establishment, law office, consulting room, and professional office, and in every place devoted to the render ing of services of any kind through payment . . . shall also be applied to all chauffeurs and drivers of public and private motor vehicles except those who work on a commission basis . . . but shall not be applied to persons employed in domestic service: Provided, however, “That they shall be entitled to 1 day of rest for every 6 days of work.” Government employees are also exempted “excepting such agencies and instrumentalities as are devoted to agricultural, industrial, commercial, or public service enterprises.” (Laws Annotated (1953) with 1959 supp., title 29, secs. 271-280, 285, 288, 457.) 2 Title 33, sec. 2201, laws Annotated 1953 with 1959 supp., (Penal Code) is a Sunday closing law appli cable to all commercial establishments except those specifically exempted. A second Sunday law, sec. 2204 of the Penal Code, applies to barbershops—except those in rural districts. 3 Order provides that no employer can divide the workday into more than two shifts; nor can he establish a larger span than 8 hours between the end of the first shift and the beginning of the second. The hours worked during a third or during successive shifts in a day, or the hours worked in any shift that starts 8 hours after the first ended, shall be compensated for at a rate of one and one-half times the wage rate the employee is then earning. RHODE ISLAND: 1 Employment of minors under 18 prohibited between 11 p.m. and 6 a.m. 2 In factories employing 5 or more women and children, such employees must be allowed their mealtimes at the same hour, except those beginning work at a later hour than the other employees, may have meal times at a different hour. No such person shall be employed during the meal hour in tending the machines or doing work of other women and children in addition to their own. 577981—61------ 7 93 RHODE ISLAND—Continued 3 Work and employment prohibited on Sundays and specified holidays, except for work that is absolutely necessary and can lawfully be performed on Sunday. Law provides for enforcement by Department of Labor and, on conviction, payment of fine of $25 for each employee involved and each separate offense committed but in no event shall fine be less than $200. 4 Maximum-hour law for women and minors. 5 One and one-half times the basic hourly rate must be paid for hours worked over 45 a week, except over 48 hours in resort hotels. 6 At least 24 consecutive hours of rest in each period of 7 consecutive days should be scheduled for all employees; $1.25 an hour must be paid for all hours worked on 7th consecutive day. SOUTH CAROLINA: 1 It is unlawful for any person “to employ, require or permit the employment of women or children to work or labor in any mercantile or manufacturing establishment, on the Sabbath Day .... The Com missioner of Labor and factory inspectors are hereby charged with the enforcement o\ this section, as well as all other laws now in force relating to labor." Convicition for violation is punishable by a fine of $25 to $100, or imprisonment, not to exceed 30 days, for each offense. (Code of Laws 1952, with 1959 sudd . vol. 6, secs. 64-5 and 6.) 2 Law establishes an 8-hour day, 40-hour, and 5-day week, but provides that employment over 8 hours a day and 40 hours a week is permitted when the provisions of the Federal Fair Labor Standards Act have been complied with. It further provides that work periods shall fall within 12 consecutive hours on any day work is not continuous but is divided into 2 or more periods. 3 The Commissioner of Labor is charged with the enforcement of this statute. TENNESSEE: i By interpretation, seasonal employment applies exclusively to those types of work which can be performed only at one time of the year, such as the handling and processing of perishable fruits and vege tables. (Letter, dated Mar. 14, 1957, from Chief Inspector, Division of Workshops, Factories and Elevators.) TEXAS: 1 The law limiting hours of employment of females to 9 hours in a calendar day or in a dav of 24 hours means 9 hours in any period of 24 consecutive hours. (Op. Atty. Gen., Feb. 17, 1958.) 2 Hospital employees and employees in interstate railroads engaged in office work are included in coverage. (Ops. Atty. Gen., July 31, 1943 and Oct. 2, 1942.) 3 By interpretation, female bank employees are subject to overtime rates after 9 hours a day, provided they have worked 40 hours in the week. 4 The statute limiting hours of work to not more than 9 a day or 54 a week does not apply to stenographers and pharmacists. Women who work in mercantile establishments or telephone and telegraph companies are also exempted from the statute, if the city, town, village or rural district in which they work has less than 3,000 inhabitants. (Op. Atty. Gen., July 8, 1957.) UTAH: 1 Hours must be worked in not more than 2 working periods. (Twelve hours must elapse between end of 1 workday and beginning of another, except when there is a change in working schedule—Retail Trade Order.) 2 Persons under 18 years of age limited to 8 hours a day, 44 hours and 6 days a week. Employment prohib ited between 9 p.m. and 6 a.m., in retail trade occupations. 3 Order No. 5 supplements Provisions of Orders Nos. 1, 2, 3, and 4. 4 Eight consecutive hours include one-half hour meal period paid for and allowed by the employer as paid time. 3 Employment of girls under 18 years of age and boys under 16 years of age prohibited in the public house keeping industry, and after 10 p.m. in restaurant occupations and laundry and drycleaning industry. Minors (see footnote 3) must be certified by the school superintendent or local issuing officer before entering employment. VERMONT: 1 By interpretation, a beauty parlor is not a mechanical establishment (Op. Atty. Gen., Apr. 27, 1939); office workers in manufacturing establishments are exempt from coverage of the law (Op. Atty. Gen , July 25, 1940). ' 2 Laundries are not engaged in public service. (Op. Atty. Gen., July 19, 1940.) VIRGINIA: 1 It is a misdemeanor for a person to employ “his apprentices or servants in labor or other business" on Sunday, with exceptions. (Code 1950, with 1960 supp., sec. 18-329.) 2 By interpretation, workshops include beauty shops. (Op. Atty. Gen., July 14, 1938.) 3 Law prohibits employment of females more than 9 hours in any one day of 24 hours without an unbroken rest period of 10 consecutive hours, except an unbroken rest period of 8 hours once in any work week in connection with shift changes. WASHINGTON: 1 The “Washington Minimum Wage and Hour Act” (Ch. 294, Laws of 1959) requires overtime pay of one and one-half times the regular rate of pay for hours worked in excess of 8 in any workday or 40 in any workweek for male and female employees covered by the Act. The Washington State Supreme Court ruled that provisions of the Washington Miminum-Wage Law relating to authority to issue regulations and set daily overtime payments of time and one-half were invalid. (Peterson et al. v. Hagan, Apr. 14, 1960.) 2 Time employed includes minutes or hours when employee has to remain subject to employer's call and is not free to follow his or her own inclinations. 3 Order provides that the hours of employment of women and minors shall be subject to any applicable statute of the State of Washington. 4 Minors 16 and 17 years of age shall not be employed more than 8 hours in any 1 day or 6 days in any 1 week, except in seasonal industries or in cases of emergency. 5 Employment of minors 14 and 15 years of age prohibited between 7 p.m. and 6 a.m., unless authorized by order or special permit. « Employment of minors 16 and 17 years old prohibited between 10 p.m. and 6 a.m., when not attending school; between 9 p.m. and 7 a.m., when attending school. 94 WEST VIRGINIA: 1 The statute provides that “it is unlawful to labor or to employ any person on Sunday,” with specified exceptions. (Code Annotated 1955, with 1959 supp., vol. 2, secs. 6072 and 6073.) 2 A 10-minute rest period during each 4-hour shift is recommended by the State Labor Department. WISCONSIN: 1 The total daily and weekly hours of women employed in regulated industries by 2 or more employers may not exceed those permitted by law. (Administrative Code sec. Ind 74.08.) 2 Women employed in regulated trades and occupations must have at least 9 consecutive hours of rest from the end of one workday to the beginning of next. s Any place of employment defined as any manufactory, mechanical, or mercantile establishment, beauty parlor, laundry, restaurant, confectionery store, telegraph or telephone office or exchange, or express or transportation establishment. 4 Executive and professional women are those engaged in work predominately intellectual, managerial or creative, requiring exercise of discretion and independent judgment for which remuneration is not less than $350 a month. 5 Industrial Commission does not have the power to change the maximum daily and weekly hours pre scribed by statute for women employed in hotels. 6 Before and after the actual canning of the product, the hours of work of women 18 years of age and over must be kept within the regular factory limits, except that, women employed in canteens and eating houses operated by canning factories to feed their workers may work between 6 p.m. of one day and 6 a.m. of the following day. (Administrative Code sec. Ind 73.01 (2).) 7 Under specified conditions, regulations may be waived for boys 16 and 17 years of age. 3 Twenty-four consecutive hours of rest in each calendar week is deemed compliance with section 103.85, Wis. Stat. (Administrative Code sec. Ind 75.) 9 Industrial Commission is authorized to issue orders altering or supplementing standards set in statute WYOMING: 1 By interpretation, in industries within coverage of the women’s 8-hour law, there are no positive restric-. tions on hours in excess of 8 a day or 48 a week, except that an employer must pay time and one-half for each hour of overtime by the day or week. The overtime-pay penalty is the only method used to protect women workers from unreasonable hours of employment. (Op. Atty. Gen., Nov. 6, 1959.) 2 By interpretation, also included are employees in drycleaning establishments, clerical workers in inter state commerce also covered by FFLSA, manual labor in railroad shops, and eating places in private clubs. (Ops. Atty. Gen., May 19, 1939; Dec. 11, 1947; Sept. 15, 1948; and June 27, 1950.) Not covered are beauty operators, canvassers, and employees of railroad telegraph and telephone offices. (Ops. Atty. Gen., Mar. 6. 1941; Aug. 11, 1941; and Sept. 15, 1948.) 3 Required rest periods included in hours worked. (Op. Atty. Gen., Aug. 9, 1951.) 4 War conditions do not themselves warrant emergency employment of women for overtime hours; in emergencies overtime employment is optional with employers. (Op. Atty. Gen., May 5, 1947.) APPENDIX I Industries and Occupations Covered by State Industrial Commission, Minimum Wage, and Welfare Orders With Hour Provisions ARIZONA: (1) Cleaning, dyeing, pressing, processing, or any other work incidental thereto, of Laundry and Dry clothing (including hats), household furnishings, rugs, textiles, fur, leather, or Cleaning Industry fabric of any kind; (2) the collection, sale, resale, or distribution at retail or whole sale of these services; (3) the producing of such services on their own behalf, by es tablishments, businesses, institutions, clubs, or hospitals which services may be incidental to their present business; (4) self-service laundries, automatic laundries, help-yourself laundries, you-do-laundries, and any type of rental laundries. Ex ception: Worker under 21 whose chief occupation is that of a student actually attending public or private school. CALIFORNIA: Any industry, business, or establishment operated for the purpose of furnishing Amusement and Recreation Industry entertainment or recreation to the public, including but not limited to theaters, night clubs, dance halls, bowling alleys, billiard parlors, skating rinks, riding academies, race tracks, amusement parks, athletic fields, swimming pools, gym nasiums, golf courses, tennis courts, carnivals, and wired music studios. Exceptions: Performers whose activities involve the exercise of artistic talent or athletic pro ficiency; women employed in administrative, executive or professional capacities (as defined); apprentices regularly indentured under State Division of Appren ticeship Standards. Broadcasting In dustry . « ^ Any industry, business, or establishment operated for the purpose of broadcasting programs through the medium of radio or television. Exceptions: Women em ployed in administrative, executive or professional capacities (as defined); ap prentices regularly indentured under State Division of Apprenticeship Standards. Any industry, business, or establishment operated for the purpose of canning Canning, Freezing and Preserving In soups; or of cooking, canning, curing, freezing, pickling, salting, bottling, preserving, or otherwise processing any fruits or vegetables; seafood, meat, poultry or rabbit dustry products, when the purpose of such processing is the preservation of the product; and includes all operations incidental thereto. Exceptions: Women employed in administrative, executive or professional capacities (as defined); apprentices regularly indentured under State Division of Apprenticeship Standards. Industries Handling Any industry, business, or establishment operated for the purpose of grading, Products After Har sorting, cleaning, drying, cooling, icing, packing, dehydrating, cracking, shelling, candling, separating, slaughtering, picking, plucking, shucking, pasteurizing, fer vest menting, ripening, molding, or otherwise preparing any agricultural, horticultural, egg, poultry, meat, seafood, rabbit, or dairy product for distribution, and includes all operations incidental thereto. Exceptions: Women employed in administrative, executive or professional capacities (as defined); apprentices regularly indentured under State Division of Apprenticeship Standards. Laundry, Linen Supply, Dry Clean ing, and Dyeing Industry Any industry, business, or establishment operated for the purpose of washing, ironing, cleaning, refreshing, restoring, pressing, dyeing, storing, fumigating, moth proofing, waterproofing, or other processes incidental thereto, on articles or fabrics of any kind; includes but not limited to clothing, hats, drapery, rugs, curtains, linens, household furnishings, textiles, furs, or leather goods; and includes self-service laundries and the collection, distribution, storage, sale or resale at retail or whole sale of the foregoing services. Exceptions: Women employed in administrative, executive or professional capacities (as defined); apprentices regularly indentured under the State Division of Apprenticeship Standards. Manufacturing In dustry Any industry, business, or establishment operated for the purpose of preparing, producing, making, altering, repairing, finishing, processing, inspecting, handling, assembling, wrapping, bottling, or packaging goods, articles, or commodities, in whole or in part. Exceptions: Such activities covered by orders in the canning, preserving and freezing industries; in industries handling products after harvest; in the motion picture industry; women employed in administrative, executive or professional capacities (as defined); apprentices regularly indentured under State Division of Apprenticeship Standards. Mercantile Industry Any industry, business, or establishment operated for the purpose of purchasing, selling, or distributing goods, or commodities at wholesale or retail; or for the pur pose of renting goods or commodities. Exceptions: Women employed in admin istrative, executive or professional capacities (as defined); apprentices regularly indentured under State Division of Apprenticeship Standards. Motion Picture[Industry Any industry, business, or establishment operated for the purpose of motion pic ture or television film production, including but not limited to motion pictures for entertainment, commercial, religious, or educational purposes; including all extra players. Exceptions: Professional actors and actresses; women employed in ex ecutive, administrative or professional capacities (as defined); apprentices regu larly indentured under State Division of Apprenticeship Standards. "Extra players" defined as persons employed in the production of motion pictures to perform any work, including but not limited to that of a general extra, stand-in, photographic double, sports player, silent bit, or dress extra; or as extra employed in dancing, skating, swimming, diving, riding, driving, or singing; or as extra em ployed to perform any other actions, gestures, facial expressions, or pantomine. 96 % J ^ ^ CALIFORNIA—Con. Personal Service In dustry Any industry, business, or establishment operated for the purpose of rendering, directly or indirectly, any service, operating, or process used or useful in the care, cleansing, or beautification of the body, skin, nails, or hair, or in the enhancement of personal appearance or health; including, but not limited to, beauty salons, barbershops, bath and massage parlors, physical conditioning and weight control salons, and mortuaries. Exceptions: Women employed in administrative, execu tive or professional capacities (as defined); apprentices regularly indentured under State Division of Apprenticeship Standards. Professional, Tech Includes professional, semiprofessional, managerial, supervisorial, laboratory, re search, technical, clerical and office work; includes but is not limited to, account nical, Clerical, and Similar Occupations ants; accounting clerks; appraisers; board markers; bookkeepers; canvassers; cashiers; checkroom attendants; checkers; circulation clerks; claim adjusters; classified advertising saleswomen; clerks; collectors; compilers; computers; copyreaders; copywriters; demonstrators; instructors; interviewers; investigative shoppers; librarians and their assistants; messengers; office machine operators; physicians’ and dentists’ assistants and attendants; research, X-ray, medical, or dental laboratory technicians and their assistants; secretaries; social workers; statisticians; stenographers; teachers; telephone, teletype and telegraph operators; telephone solicitors; tellers; ticket agents; tracers; typists; and other related occu pations listed as professional, semiprofessional, clerical, and kindred occupations. Exceptions: Professional, technical, clerical, and similar occupations performed in an industry covered by another minimum-wage order; the exchange operator of a telephone company having less than 150 stations operated under the jurisdiction of the Public Utilities Commission and where employee’s duties as operator are inci dental to other duties; women employed in administrative, executive or profes sional capacities where work is predominantly intellectual, managerial, or creative, requiring exercise of discretion and independent judgment and for which remu neration is not less than $350 per month; or those licensed or certified by the State to practice law, dentistry, architecture, engineering, teaching, or accounting; ap prentices regularly indentured under State Division of Apprenticeship Standards. Public Housekeep ing Industry Transportation In dustry 4 Any industry, business, or establishment which provides meals, housing, or maintenance services whether operated as a primary business or when incidental to other operations in an establishment not covered by another minimum-wage order; includes but not limited to restaurants, nightclubs, taverns, bars, cocktail lounges, lunch counters, cafeterias, boarding houses, clubs, and all similar estab lishments where food in either solid or liquid form is pi spared and served to be consumed on the premises; catering, banquet, box-lunch service, and similar food for consumption on or oft' premises; hotels, motels, apartment houses, roominghouses, camps, clubs, trailer parks, office or loft buildings, and similar establish ments offering rental of living, business or commercial quarters; hospitals, sani tariums, rest homes, child nurseries, childcare institutions, homes for the aged, and similar establishments offering board or lodging in addition to medical, surgi cal, nursing, convalescent, aged or child care; private schools, colleges, or universi ties, and similar establishments which provide board or lodging in addition to educational facilities; establishments contracting for maintenance or cleaning of commerical or living quarters; establishments providing veterinary or other animal care service. Exceptions: Student nurses in schools accredited by State Board of Nurse Examiners or by Board of Vocational Nurses Examiners or in schools exempt by law (religious nursing schools); women employed in executive, admin istrative or professional capacities (as defined); apprentices regularly indentured under State Division of Apprenticeship Standards. Any industry, business, or establishment operated for the purpose of conveying persons or property from one place to another whether by rail, highway, air, or water, and all operations or services in connection therewith; includes storage or warehousing of goods or property, and the repairing, parking, rental, maintenance, or cleaning of vehicles. Exceptions: Women employed in administrative, execu tive or professional capacities (as defined); apprentices regularly indentured under State Division of Apprenticeship Standards. COLORADO: Beauty Service Oc All services or operations used or useful in the care, cleansing or beautification of the skin, nails, or hair, or in the enhancement of personal appearance and also cupations services or operations incidental thereto, including the service of maids, cashiers, reception or appointment clerks. Laundry Industry Any trade, business, industry, club, institution, or branch thereof engaged in (1) washing, ironing, or processing incidental thereto, for compensation, of clothing, napery, blankets, bed clothing, or fabric of any kind whatsoever; (2) the collecting, sale, resale or distribution at retail or wholesale of laundry services; (3) the produc ing of laundry service for their own use by business establishments, hospitals, clubs, or profitmaking institutions; (4) self-service laundries; including work performed in connection with plant maintenance, and by office workers, clerks, curb service employees, errand and delivery boys. Exceptions: Laundries in charitable institutions which pay no wages and in which only inmates are employed; drycleaning departments in laundries. Public Housekeep ing Industry Hotels, restaurants, motels, roominghouses, cottage camps, clubs, hospitals, convalescent homes, sanitariums, private schools, colleges, and any establishment that prepares and offers for sale food or refreshment for consumption either on or off its premises; lodging accommodation for hire to the public, to employees, or to members, whether such service is the principal business of the employer or merely incidental to another business. Public Housekeeping Occupation defined as performance of any and every type of work concerned with or incidental to the Public Housekeeping Industry, including office personnel. Exceptions: Registered nurses, student nurses, female internes, dietitians laboratory technicians; student employees in sororities, fraternities, college clubs, or dormitories. 97 COLORADO—Con. Retail Trade Indus Any trade, business, industry, institutuion or branch thereof engaged in, or con try cerned with, the selling or offering for sale any commodity, article, goods, wares or merchandise, to the consumer, in wYhich 50 percent or more of the dollar volume of business results from retail sales. KANSAS: Public Housekeep The work of waitresses in restaurants, hotel dining rooms, and boardinghouses; ing Occupations attendants in ice-cream parlors, soda fountains, light-lunch stands; steam table or counterwork in cafeterias and delicatessens where freshly cooked foods are served; confectionery stores where lunches are served; chambermaids in hotels, lodging and boardinghouses, and hospitals; janitresses; car cleaners; kitchen workers in hotels, restaurants, and hospitals; women elevator operators and cigarstand and cashier girls connected with such establishments. KENTUCKY: All Industries and All occupations. Exceptions: Labor on a farm; domestic service in home of em Occupations ployer; firms subject to regulation by the State Public Service Commission; employment under any special State wage order. (Two special minimum-wage orders are currently in effect: Hotel and Restaurant Order and Laundry, Dry Cleaning, and Dyeing Order.) Hotel and Restau rant Industry All establishments offering lodging accomodations for hire to the general public; and establishments preparing and offering for sale food for consumption. Ex ception: Hotels having no more than 10 guest rooms, none of which are for transient guests. Laundry, Dry Clean All places where persons are engaged in washing, cleaning, or dyeing clothing, ing and Dyeing washable and cleanable materials, directly or indirectly connected with such place Industry of business; all work in the process of receiving, marking, washing, cleaning, dye ing, ironing, and distribution of washable and cleanable materials. NORTH DAKOTA: Laundry, Cleaning Any establishment where clothes are washed, cleaned or dyed by any process, by and Dyeing Occu any person, firm, institution, corporation, or association; and such work shall in pation clude all the processes connected with the receiving, marking, washing, cleaning, ironing, and distribution of washable or cleanable materials, including work per formed in laundry departments in hotels and factories. Manufacturing Oc cupation All processes in the production of commodities, including work in dressmaking shops, wholesale millinery houses, workrooms of retail millinery shops; drapery and furniture covering workshops, and garment alteration, art, needlework, furgarment making, and millinery workrooms in mercantile stores; employees of creameries and produce houses, and the candy-making departments of retail candy stores and of restaurants, bakery and biscuit manufacturing establishments, candy manufacturing, and bookbinding and job-pressfeeding establishments. Mercantile Occupa tion Establishments operated for the purpose of trade in the purchase or sale of any goods or merchandise, including the sales force, wrapping force, auditing or check ing force; shippers in the mail-order department; receiving, marking, and stock room employees; and all other work. Exception: Employees performing office duties solely. Public Housekeep ing Occupation Includes waitresses in restaurants, hotel dining rooms, boarding houses, bars and taverns; all attendants employed at ice-cream, light-lunch, and refreshment stands; steam table or counter work in cafeterias and delicatessens where freshlv cooked foods are served; chambermaids in hotels, lodging houses, and boarding houses; janitresses, car cleaners, elevator operators; kitchen workers in hotels and restaurants. OREGON: Amusement and Recreation Studio operators in wired music services, assistants in radio broadcasting and televisior studios, cashiers, ushers and checkroom attendants in theaters and other places of amusement, including but not limited to such occupations in dance halls, bowling alleys, billiard parlors, skating rinks, riding academies, shooting galleries, racetracks, amusement parks, athletic fields, public swimming pools, private and public gymnasiums, golf courses, tennis courts, carnivals, concessions in any and all amusement establishments, and all similar occupations. Exceptions: Women employed in administrative, executive or professional capacities, as defined, and for which remuneration is not less than $250 a month. Beauty Operators and Manicurists Services or operations used or useful in the care, cleansing or beautification of the skin, scalp, nails or hair, or in the enhancement of personal appearance, and all services or operations incidental thereto, including services of maids, cashiers, reception or appointment clerks. Exceptions; Women employed in administra tive, executive or professional capacities, as defined, and for which remuneration is not less than $250 a month. Canning, Freezing and Processing Any industry, business or establishment, operated for the purpose of canning, packing, preserving, barreling, freezing, dehydrating, or anv other processing of fresh fruit, berries, vegetables, meat, fish, shellfish or Crustacea. Exceptions: Farmer who processes only the product of his own farm; women employed in administrative, executive or professional capacities, as defined. Hospitals, Sanitar iums, Convalescent and Old People's Homes Includes cooks, kitchen helpers, waitresses, janitors, charwomen, and all other women and minors employed therein. Exceptions: Trained nurses, student nurses, or other professional or executive help. Laundry, Cleaning and Dyeing The process of receiving, marking, washing, cleaning, dyeing, finishing and dis tributing clothing and materials. Exceptions: Women employed in administra tive, executive or professional capacities, as defined, and for which remuneration is not less than $2.50 a month. 98 - OREGON—Con. Manufacturing Includes any industry, business or establishment operated for the purpose of pre paring, producing, making, altering, repairing, finishing, processing, inspecting^ handling, assembling, wrapping, bottling, or packaging goods, articles, or com modities, in whole or in part. Exceptions: Such activity covered by other orders,, including the order in the canning, packing, preserving, freezing or other processing operation; women employed in administrative, executive or professional capacities,, defined as: (1) Work predominantly intellectual, managerial, or creative which' requires exercise of discretion and independent judgment, and for which remunera tion is not less than $300 a month; or (2) employees licensed or certified by the State who are engaged in the practice of any of the recognized professions. Mercantile Any business or establishment operated for the purpose of purchasing, selling, or distributing goods or commodities at wholesale or retail. Office Includes stenographers, bookkeepers, typists, billing clerks, filing clerks, cashiers,, checkers, invoicers, comptometer operators, auditors, library attendants, and all types of clerical work not covered by other orders of the Commission. Excep tions: Women employed in administrative, executive or professional capacities,, as defined, and for which remuneration is not less than $250 a month. Organized Youth Camps A day or resident camp, whether or not operated for profit, established to give campers a recreational, creative, educational experience in cooperative group living wherein the activities are conducted on a closely supervised basis whether or not the camp is used primarily by an organized group or by members of the public and whether or not the activities or facilities are furnished free of charge or by the payment of a fee. Exceptions: Mining, lumbering, labor, hunting, and fishing camps; dude ranches, resorts, auto courts, tourists camps, year-round schools, convalescent homes, and correctional camps. Includes counselor, such as head counselor, assistant, specialist counselor or in structor, camp mother, teacher, supervisor, group or division leader, senior or junior assistant and trainee counselor, cocounselor and counselor aide; and cook, kitchen assistant, maintenance worker or other person working primarily for financial remuneration in an organized youth camp. Exceptions: Camp director; camper wrho receives all or a portion of his camping or remuneration in addition to his camping for the performance of routine tasks in connection with the camp; any bona fide volunteer, as defined, under specified conditions. Personal Service Masseurs, doctor and dental and laboratory assistants, mortuary attendants, taxi drivers, bus drivers, chauffeurs and dispatchers, and all similar occupations. Exceptions: Women employed in administrative, executive or professional ca pacities, as defined, and for which remuneration is not less than $250 a month. Preparing Poultry, Rabbits, Fish or Eggs for Distribu tion Any industry, business, or establishment operated for the purpose of grading, sorting, cleaning, packing, candling, separating, slaughtering, plucking, or other wise preparing poultry, rabbits, fish or eggs for distribution. Order not applicable to the canning of fresh fruits, vegetables, fish, shellfish or Crustacea, or to the bar reling or preserving of fresh fruit and berries, or to operations on a farm incident to production or preparation for market in their raw, live, or natural state of prod ucts of that farm. Public Housekeep ing Waitresses, cooks, counter and salad workers, food checkers, bus and vegetable workers, dish and glass washers, kitchen help, maids, chambermaids, house keepers, barmaids, linen room girls, cleaners, janitresses and janitors, charwomen and housemen, checkroom attendants, matrons, elevator operators, and all others employed in hotels, motels, trailer parks, restaurants, boardinghouses, roominghouses, apartment houses, catering, banquet or box-lunch services, cafeterias, light lunch stands, ice-cream and soft-drink stands, beer taverns, cocktail lounges, clubs (public and private), private schools, colleges, or universities, and similar establishments which provide board or lodging in addition to educational facilities; establishments contracting for maintenance or cleaning of commercial or living quarters, as well as matrons, car cleaners in transportation industries, and other work of like nature. Exceptions: Domestic help in private homes, enrolled stu dents employed by educational institutions, and persons who, for religious, chari table, fraternal or similar reasons, voluntarily donate services to such educational institutions; women employed in administrative, executive or professional capaci ties, a$ defined, and for which remuneration is not less than $250 a month. J PUERTO RICO: Alcoholic Beverages The manufacture, including, but without limitation, distilling, rectifying, blending and Industrial Alco or bottling of rum, gin, vodka, whiskey, brandy, cordials, liquers, wines, ale, hol Industry beer and similar malt beverages with or without alcohol, and other alcoholic beverages; industrial alcohol; acetone, antifreeze and any related byproducts. Exceptions: Managers, executives, and professionals; bona fide traveling salesmen. Coffee Industry in its Agricultural Phase Comprises the planting and replanting of coffee trees (including preparation of the soil), its cultivation and harvesting; removal of pulp from coffee beans, washing, drying, crushing and packing of the beans, whether these activities are carried on at the farms or their dependencies; conditioning of shade trees; and any work or service necessary or related to the activities mentioned. Construction Indus Comprises, without limitation, every act, process, operation, work or service try necessary or incidental, or related to the designing, project, fabrication, recon struction, alteration, repair, conservation, or maintenance of buildings, works or constructions; assembling or installation at construction site of machinery or device; dismantling, wrecking or demolition of said works, constructions or buildings; removal of devices or machinery installed in these. Exceptions: Managers, ex ecutives and professionals; works, buildings or constructions made by force account for purely agricultural purposes; those covered by another mandatory order; or by the Federal Fair Labor Standards Act. 99 PUERTO RICO—Con. Dairy Industry Includes, both in its agricultural as in its industrial phase, every work, process (Order revised in and service necessary or related to the production of fresh milk and to the handling, 1960 to Dairy and bottling, pasteurizing, homogenizing or processing of same; as well as transportaCattle Industry). tion performed in vehicles owned, managed, or operated by any employer in said industry. Exceptions: Managers, executives, and professionals; production of milk for consumption by farmer or his family; retail sale at any milk stand, store, or establishment. Food and Related Products Industry Canning, preserving (including freezing, drying, dehydrating, curing, pickling and similar processes) or any other manufacturing or processing and the packaging in conjunction therewith, of foods; ice; ices, ice cream and similar frozen products; refreshing beverages, such as soft drinks; and including, but without limitation, meat animals and meat animal products; poultry and poultry products; fish and seafood products; fruits, vegetables, and their products; grains and grain products; candy, confectionery, and related products; miscellaneous foods and food products; handling, grading, packing or preparing in their raw or natural state of fresh vege tables, fresh fruits or nuts. Exceptions: Managers, executives, and professionals and other specified occupations and industries; bona fide traveling salesmen, work or service covered by the Federal Fair Labor Standards Act. Hospitals, Clinics Comprises every establishment where medical-help is provided or where sick perand Sanatoria In- sons are hospitalized; every independent employer (not operating said establishdustry ment) providing ambulance services or services such as the administration of oxygen, anesthesia or serum to a person or the care and attendance of sick per sons; includes any work or service necessary or related to the above activities. Exceptions: Managers, executives, and professionals; hospitals, clinics, or sanatoria operated by the State government, the Government of the Capital or by the munic ipal governments; student nurses in schools recognized by the Government. Hotel Industry Every establishment open to the public wholly or partially engaged in furnishing, for or without profit, lodging or room, with or without board, to permanent or transient guests; activities operated jointly or in connection with the hotel industry by hotel or independent employers, such as gambling houses, ballrooms, bathing beaches, swimming pools, tennis courts, golf links, barbershops, bars, restaurants and soda fountains. Exceptions: Managers, executives and professionals; estab lishments with 5 or less rooms accommodating not more than 8 guests; establish ments, not open to the public, furnishing lodging or rooms for educational, religious or medical help and to students; beauty parlors and retail stores operated in hotels; services a laundry and dry cleaning plant renders hotel industry. Laundry and Dry Cleaning Industry Every act, process, operation, service or work performed in relation to washing, cleaning, starching, pressing and dyeing of clothes or fabrics of any kind whatso ever; includes, but without limitation, the fixing, preparation, wrapping, collection, delivery, return, transportation and distribution of said clothes or fabrics. Excep tions: Managers, executives, and professionals. Paper, Paper Prod- The manufacture of pulp from wood, rags and other fibers; the conversions of such ucts, Printing and pulp into paper or paperboard; the manufacture of building board from bagasses Publishing Industry or similar materials; the manufacture of paper, paperboard, and pulp into bags, boxes, containers, tags, cards, envelopes, pressed and molded pulp goods, and all other converted paper products; the printing performed on any of the foregoing products; and the printing or publishing of books, newspapers, periodicals, maps, music, and all other products or services of typesetters, advertising typographers, electrotypers, stereotypers, photoengravers, steel and copper plates engravers, commercial printers, lithographers, gravure printers, private printing plants of concerns engaged in other business, binderies, and news syndicates; including office work, repair, maintenance, conservation, distribution or transportation of manufactured or printed products. Exceptions: Managers, executives, and professionals. Restaurant, Bar, Comprises every establishment open to the public where foods, coffee, alcoholic and Soda Fountain beverages, soft drinks, ices, and sweets or any of said articles are served or sold writh Industry or without profit; any establishment, without being open to the public, serves or sells to its members and guests any of the foregoing articles; any work or service necessary or related to above activities. Exceptions: Managers, executives and professionals; establishments exclusively devoted to educational, religious, or medical purposes, wiiich operate on force account any activities of the industry, activities comprised in the hotel industry as defined by the Minimum Wage Board; private homes serving meals to domicile or having not more than ten guests for board. Retail Trade Indus- Comprises, but not as a limitation, every act. process, operation, work or service try necessary, incidental or related to the sale or transfer to consumers, for or without profit, of any kind of merchandise or goods, carried out at any establishment or place; also comprises establishments engaged in retail and wholesale trade using, part of the time, not more than twro employees in wholesale activities. Exceptions: Managers, executives and professionals; soda fountains, restaurants, bars, hotels; traveling salesmen. Theater and Cinema Comprises every establishment or place where, for profit, motion pictures are Industry exhibited or shown or art productions are presented by actors, musicians or singers; any wrork or service necessary or related to the above activities. Exceptions: Managers, executives, or professionals. Transportation Industry 100 Comprises, but without limitation, every act, process, operation, work or service necessary, incidental, or related to transportation or conveyance of persons or things by or in any kind of motor vehicles including those run by rails. Excep tions: Managers, executives, and professionals; transportation of any agricultural products by any farmer in his own vehicles; transportation, if another mandatory order is applicable. T PUERTO RICO-Con. Includes, but without limitation, the wholesaling, warehousing and other distribu Wholesaling and tion activities of jobbers, importers and exporters, manufacturers’ sales branches Warehousing In and offices established for wholesale distribution of their products, industrial dis dustry tributors, mail-order establishments, brokers and agents, and public warehouses. Exceptions: Managers, executives, and professionals; industrial wholesaling and warehousing of products manufactured in Puerto Rico; other specified occupations and industries. RHODE ISLAND: Restaurant and Hotel Restaurant Occupations Restaurant and hotel restaurant occupations include any activity connected with the preparation or offering of food and/or beverage for remuneration, for human consumption, either on the employer’s premises or elsewhere by such services as catering, banquet, box-lunch or curb service whether such service is operated as the principal business of the employer or as a unit of another business, to the public, to employees or members or guests of members, or to paying guests (applicable to employers of 3 or less employees). Restaurant, Hotel Restaurant and Public Housekeep ing Occupations For coverage of restaurant and hotel restaurant occupations see preceding entry. Public housekeeping occupations mean all employment connected directly or indirectly with the offering or furnishing of rooms and/or lodging for remuneration to the public; to employees; to members or guests of members; to paying guests, students or others; whether such service is operated as the principal business of the employer, or as a unit of another business; including such occupations as chamber maid, parlormaid, cashier, clerical worker; such as room and desk clerk, coat-room attendant, matron, charwoman, telephone operator, cleaner, janitor, bellboy, porter, doorman and all workers properly classified in this occupation in any establishment furnishing rooms and/or lodging for remuneration. Exceptions: Employment on a farm; domestic service in a private home, unless operated as a rooming house; student workers employed on a part-time basis (22 hours or less a week); employees of employers of 3 or less persons. Retail Trade Occupations / All employment in or for any industry or business selling or offering for sale any type of merchandise, wares, goods, articles or commodities to the consumer; all work connected with the soliciting of sales or opportunities for sales, and/or the distributing of such merchandise, wares, goods, articles or commodities and the rendering of services incidental to the sale, use or upkeep of the same whether performed on the employer’s premises or elsewhere. Order No. 4-R-3, July 1, 1958, is applicable to establishments and occupations exempt from coverage of Adminis trative Regulations, Oct. 1, 1957, except home delivery of newspapers. Exceptions for Administrative Regulations: Home delivery of newspapers; student workers employed on part-time basis (22 hours or less a week); employees of employers of 3 or less persons. UTAH: Laundry and Clean Includes any place where washing, ironing, cleaning, pressing, or processing inci dental thereto, of any kind of washable fabric is conducted; and those places or ing, Dyeing and Pressing Industries divisions of establishments where the cleaning or dyeing or pressing of particular fabrics and all processes incidental thereto are conducted as a process aside from usual laundry practices. Public Housekeep ing Industry Restaurant Occupa tion # i- Hotels, boardinghouses, roominghouses, motels, apartment houses, resort hotels, hospitals, institutions, building space to rent for business, manufacturing, com mercial enterprises, and other public service. Includes linen-room girls, maids, cleaners, elevator operators, other female or minor employees connected with the establishment unless or until their specific occupation is governed by another minimum-wage order. Exceptions: Registered nurses, licensed practical nurses, and resident managers. All places selling food or beverages in solid or liquid form to be consumed on the premises. Exceptions: Retail ice cream or retail soft drink (nonalcoholic) estab lishments where 90 percent or more of the business volume is from ice cream or soft drink sales. Retail Trade Occu pations Any industry or business, operated for the purpose of selling, offering for sale, or distributing goods, wares, and merchandise at retail, to selected individuals or to the general public, and rendering services incidental to such operations. WASHINGTON: Beauty Culture Industry Includes hairdressing; hair coloring and bleaching; manicuring; hair manufactur ing; massage; marcel or permanent waving; cosmetology; haircutting; body massage and weight reducing; selling and demonstrating or applying beauty preparations, cosmetics, and supplies either to the demonstrator or to other persons; instructing students in any of the foregoing occupations, and all services or operations inci dental to such occupations, including the services of instructors in beauty schools. Food Processing Industry Any industry, business or establishment operated for the purpose of processing by canning, freezing, cooking or otherwise of food for human or other consumption, including the processing of fruit, vegetables, fish, shellfish, dog food, or any other products for the purpose of preserving them for food purposes, for human or other consumption. Exceptions: Same as the three last exceptions listed under Manu facturing Order. Fresh Fruit and Vegetable Packing Industry Any industry, business, establishment, person, firm, association or corporation engaged in handling, packing, packaging, grading, storing or delivering to storage or to market or to a carrier for transportation to market, any agricultural or horti cultural commodity in its raw or natural state as an incident to the preparation of such products for market. Exceptions: Employees specifically covered by another minimum-wage order; women engaged in vocational education, work experience or apprentice training program, under conditions specified in order; and two last exceptions listed under Manufacturing Order. 101 WASHINGTON Con. Laundry, Dry Includes, but is not confined to: (1) The marking, sorting, washing, cleaning, Cleaning and Dye collecting, ironing, assembling, packaging, pressing, receiving, shipping, or renoWorks Industry vatmg in any capacity directly concerned with sale or distribution at retail or wholesale of any laundry or drycleaning service; (2) the work performed by clerical workers and telephone operators (not employed directly by a telephone company) in connectior with the production and furnishing of these services; (3) the production of laundry, drycleaning or dyeing services bv anv establish ment, which services may be incidental to its principal business; (4) the cleaning, pressing, finishing, refreshing, dyeing, or processing of any article of wearing apparel, including hats, household furnishings, rugs, textiles, fur, leather (including shoes), or any fabrics whatsoever, when such activity is not performed in the original process of manufacture. Exceptions: Same as those shown for the Theatri cal Amusement and Recreation Industry Order; and minors engaged in vocational education, work experience or apprentice trainirg program, when such program is properly supervised by school personnel or in accordance with written agree ments or approved training schedules. Manufacturing and General Working Conditions Any industry, business or establishment, wholesale or retail, operated for the pur pose oi making, remodeling, repairing or fashioning by preparing and combining materials by nature or machinery, or producing goods, wares and merchandise by some industrial process, including but not being confined to work performed in dressmaking, millinery, drapery and furniture-covering houses, garment, art, needlework, furmaking operations, shoe manufacturing and repairing, creameries, candy, floral, bakeries, biscuitmaking and bookbinding establishments. Excep tions: (1) Processing by canning, freezing or otherwise of fruits and vegetables, fish or marine or other agricultural products; (2) any industry or occupation specifically ?irVere<^ ky another minimum-wage order; (3) women and minors covered by Office Workers Order; (4) nurses, student nurses, female internes, dietitians, and laboratorians; (5) newspaper vendors and newspaper carriers; (6) minors engaged in voca tional education, work experience or apprentice training program under conditions specified m order; (7) telephone or telegraph operators employed directly by a tele phone or telegraph company; (8) employees of common carrier railroads, sleepingcar companies and freight or express companies subject to regulation of Federal Law. Mercantile In dustry, Wholesale and Retail Any industry, business, or establishment operated for the purpose of purchasing, selling, or distributing goods or commodities at wholesale or retail. Exceptions: Employees of common carrier railroads, sleeping-car companies, and freight or express companies subject to regulations of Federal Law; nurses, nurses’ aides and telephone operators employed directly by a telephone company, who are not en gaged in purchasing, selling or distributing goods or commodities at wholesale or retail; occupations in an industry covered by another minimum-wage order. Minors ^^wstry or establishment not expressly covered by a special Industrial Wel fare Order. Exceptions: Agricultural labor; domestic work or chores performed in or about private residences; minors employed directly by a telephone or telegraph company; newspaper vendors and newspaper carriers; and two last exceptions listed under Manufacturing Order. Includes but is not limited to all types of clerical work, general office workers, typ ists, stenographers, secretaries, any and all office-machine operators, bookkeepers (hand and machine), accountants, accounting clerks, statisticians, tellers, cashiers, collectors, telegraph and teletype operators, F BX and office telephone operators, office messengers, ticket agents, appraisers, librarians and their assistants, phy sicians and dentists’ assistants and attendants, research, X-ray medical or dental laboratory technicians and their assistants, office checkers, invoicers, and similar occupations. Exceptions: Employees of common carrier railroads, sleeping-car companies, and freight or express companies subject to regulations of Federal Law; nurses and nurses’ aides not engaged in office work; telephone operators employed directly by a telephone company who are not engaged in office work; occupations m an industry covered by another minimum-wage order. Office Workers Public House keeping Industry Any industry, business or establishment operated for public housekeeping, in cluding restaurants, lunch counters, cafeterias; catering, banquet, or box-lunch seiTaCe' ,cur^ service; boardinghouses; all other establishments where food in either solid or liquid form is prepared for and served to the public to be consumed on the premises; hotels and motels; apartment houses; rooming houses; camps; clubs (public and private); hospitals, sanitariums, rest homes, or maternity homes; building or housecleaning or maintenance services. Exceptions: Same as those shown for Theatrical Amusement and Recreation Industry Order; and nurses, student nurses, female internes, dietitians, and laboratorians. Telephone and Tele Includes any business or establishment operated primarily for the purpose of graph Industry transmitting messages for the public by telephone or telegraph for hire. Theatrical Amuse ment aDd Recrea tion Industry and General Amusement and Recreation Industry Amusement and recreation orders include any industry, business, or establishment operated for the purpose of furnishing entertainment or recreation to the public: 1 heatrical Amusement and Recreation Industry includes both moving-picture and legitimate theaters and food and drink dispensaries operated in connection therewith; and General Amusement and Recreation Industry includes, but is not limited to, dance halls, theaters, bowling alleys, billiard parlors, skating rinks, riding academies, shooting galleries, race tracks, amusement parks, athletic fields, public swimming pools, private and public gymnasiums, golf courses, tennis courts, carnivals, wired-music studios, and concessions in any and all amusement establishments, but excluding the Theatrical Amusement and Recreation In dustry. Exceptions: Occupations specifically covered by another wage order; cashiers (covered by the Office Workers’ Order); employees of common carrier railroads, sleeping-car companies, and freight or express companies subject to regulations of Federal Law; telephone operators employed directly by a telephone company. * 102 ■p APPENDIX II ALABAMA: i Seats Toilets Occupational limitations ALASKA: Minimum wage Equal pay Seats Rest period 3 Lunchroom Restroom Washroom Toilets Weight lifting Occupational limitations ARIZONA: Minimum wage Daily hours Weekly hours Day of rest Rest period Nightwork 3 Seats Occupational limitations ARKANSAS: Minimum wage Equal pay Daily hours Day of rest Meal period Rest period Seats Lunchroom Toilets Occupational limitations CALIFORNIA: Minimum wage Equal pay Daily hours Weekly hours Day of rest Meal period Rest period Night work See footnotes on p. 105. CALIFORNIA—Continued Seats Dressing room Restroom Washroom Toilets Industrial homework Weight lifting Occupational limitations COLORADO: Minimum wage Equal pay Daily hours Weekly hours Day of rest Meal period Rest period Seats Dressing room Toilets Occupational limitations CONNECTICUT: Minimum wage Equal pay Daily hours Weekly hours Day of rest Nightw'ork Seats Dressing room Restroom Washroom Toilets Industrial homework Occupational limitations Maternity DELAWARE: Daily hours Weekly hours Day of rest Meal period Nigh twork Seats Lunchroom Dressing room Types of Labor Laws by State 1 DEL AW ARE—Continued Washroom Toilets Occupational limitations 3 DISTRICT OF COLUMBIA: Minimum wage Daily hours Weekly hours Day of rest Meal period Nightwork 3 Seats Toilets FLORIDA: 1 Seats Occupational limitations3 GEORGIA: Daily hours Weekly hours Seats Occupational limitations HAWAII: Minimum wage Equal pay Industrial homework IDAHO: Minimum wage Daily hours Seats ILLINOIS: Minimum wage Equal pay Daily hours Weekly hours Day of rest Nightwork Lunchroom Restroom Washroom Toilets Occupational limitations Industrial homework INDIANA: Meal period Seats Dressing room 4 Toilets Industrial homework Occupational limitations IOWA: Seats Dressing room Toilets Occupational limitations 3 KANSAS: Minimum w age Daily hours Weekly hours Day of rest Meal period Nightwork Seats Lunchroom Dressing room Toilets KENTUCKY: Minimum wage Daily hours Weekly hours Day of rest5 Rest period Seats Dressing room Toilets and washroom Occupational limitations LOUISIANA: Minimum wage Daily hours Weekly hours Day of rest Meal period Seats MAINE: Minimum w'age MAINE—Continued Equal pay Daily hours Weekly hours Meal period Seats Toilets Occupational limitations 3 MARYLAND: 1 Daily hours Weekly hours Meal period Nightwork Dressing and washroom Toilets Industrial homework Weight lifting Occupational limitations 3 MASSACHUSETTS: Minimum w'age Equal pay Daily hours Weekly hours Day of rest Meal period Nightwork Seats Dressing room Toilets Industrial homework Weight lifting Occupational limitations Maternity MICHIGAN: Equal pay Daily hours Weekly hours Seats Dressing room Toilets Industrial homework Weight lifting Occupational limitations 104 MINNESOTA: i Minimum wage Weekly hours Seats Lunchroom Dressing room Toilets Weight lifting Occupational limitations MISSISSIPPI: i Daily hours Weekly hours Lunchroom Rest and dressing room Toilets W ashroom MISSOURI: ' Daily hours Weekly hours Seats Wash and dressing room Toilets Industrial homework Occupational limitations Maternity MONTANA: « Equal pay Daily hours Weekly hours Seats Occupational limitations 3 NEBRASKA: Daily hours Weekly hours Meal period Nightwork Seats Dressing room 4 Toilets NEVADA: Minimum wage Daily hours Weekly hours Day of rest Meal period Rest period Seats Toilets See footnotes on p. 105. NEW HAMPSHIRE: Minimum wage Equal pay Daily hours Weekly hours Day of rest Nightwork Seats Toilets NEW JERSEY: Minimum wage Equal pay Daily hours Weekly hours Day of rest Meal period Nightwork Seats Lunchroom Dressing room Restroom Toilets Industrial homework NEW MEXICO: Minimum wage Daily hours Weekly hours Meal period Nightwork Seats Occupational limitations 3 NEW YORK: Minimum wage Equal pay Daily hours Weekly hours Day of rest Meal period Rest period Nightwork Seats Lunchroom Restroom Dressing room Washroom Toilets Industrial homework Weight lifting Occupational limitations Maternity NORTH CAROLINA: Minimum wage Daily hours Weekly hours Day of rest Meal period Seats Toilets Occupational limitations 3 NORTH DAKOTA: Minimum wage Daily hours Weekly hours Day of rest Meal period Nightwork Seats Dressing room Restroom Toilets Washroom OHIO: Minimum wage Equal pay Daily hours Weekly hours Day of rest Meal period Nightwork Seats Lunchroom Dressing room Toilets and washroom Industrial homework Weight lifting Occupational limitations OKLAHOMA: Minimum wage Daily hours WTeekly hours Seats Washroom Toilets Occupational limitations OREGON: Minimum wage Equal pay Daily hours Weekly hours OREGON—Continued Day of rest Meal period Rest period Nightwork Seats Dressing room Restroom W ashroom Toilets Industrial homework Weight lifting PENNSYLVANIA: Minimum wage Equal pay Daily hours Weekly hours Day of rest Meal period Rest period Nightwork Seats Lunchroom Dressing room Restroom Toilets and washroom Industrial homework Occupational limitations PUERTO RICO: Minimum wage Day of rest4 Meal period Nightwork Seats Toilets W ashroom Dressing room Industrial homework Maternity RHODE ISLAND: Minimum wage Equal pay Daily hours Weekly hours Day of rest5 Meal period Nightwork 3 Seats Dressing room 4 Toilets RHODE ISLAND—Continued Industrial homework Occupational limitations Maternity SOUTH CAROLINA: Daily hours Weekly hours Day of rest Nightwork Seats Toilets Occupational limitations 3 SOUTH DAKOTA: Minimum wage Daily hours Weekly hours Seats Dressing room Toilets TENNESSEE: Daily hours Weekly hours Seats Dressing room Toilets Industrial homework TEXAS: Daily hours Weekly hours Seats Toilets Industrial homework Occupational limitations 3 UTAH: Minimum wage Daily hours Weekly hours Day of rest Meal period Rest period Nightwork Seats Restroom Dressing room Washroom Toilets Weight lifting Occupational limitations V VERMONT: Minimum wage Daily hours Weekly hours Seats Toilets Maternity VIRGINIA: ' Daily hours Weekly hours Nightwork 3 Seats Restroom Toilets Occupational limitations WASHINGTON: Minimum wage Equal pay Daily hours Weekly hours Meal period Rest period Nightwork Seats Dressing room Restroom Lunchroom Toilets Washroom Weight lifting W ASHING TO N—Continued Occupational limitations Maternity WEST VIRGINIA: * Meal period Seats Lunchroom Washroom Dressing room Toilets Industrial homework Occupational limitations 3 WISCONSIN: Minimum wage WISCONSIN—Continued Daily hours Weekly hours Day of rest Meal period Nightwork Seats Lunchroom Dressing room Restroom Washroom Toilets Industrial homework Occupational limitations WYOMING: Minimum wage Equal pay Daily hours Weekly hours Rest period Seats Occupational limitations FOOTNOTES 1 Eight- of the States with no day-of-rest law, have laws which prohibit employment on Sunday with specified exceptions. In Montana, by law, Sunday is a legal holiday. 2 From Safety Code, applicable to women required to stand at their work. 3 Applicable to employees under 21 years of age. < Facilities must be provided, when authorized by State Labor Official, s Not required by statute. Extra pay required for work on Sunday or on 7th day. «= 1 I O Cn