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U3.32.67 Women's Bureau Bulletin 267 Part I. Historical Development and Statutory Provisions ^6NT 6^ U. S. DEPARTMENT OF LABOR James P. Mitchell, Secretary WOMEN’S BUREAU Mbs. Alice K. Leopold, Director '"•Ares of - L\*> • V. U^vi 3 STATE MINIMUM-WAGE LAWS AND ORDERS •Inly 1,1042, to July 1,1958 Women’s Bureau Bulletin No. 207 Part; I—Historical Development and Statutory Provisions UNITED STATES DEPARTMENT OF LABOR James P. Mitchell, Secretary WOMEN’S BUREAU Mrs. Alice K. Leopold, Director For sale by the Superintendent of Documents, U. S. Government Printing Office Washington 25, D. C. - Price 75 cents U. S. Women’s Bureau. Bulletin. No. [ljWashington tU. S. Govt. Print. Off., etc., 1918]no. in v. illus. 24 cm. Some numbers in rev. editions. Supplements accompany some numbers. 1. Woman—Employment—U. S. HD6093.A35 331.40973 19-7913 rev 4*1 Library of Congress U. S. Women's Bureau. State minimum-wage laws and orders. 1939Washington. v. 23 cm. ,(Its Bulletin) Title varies slightly. Vols. for 1942/58in 2 pts., pt. 2 being loose-leaf. Some issues accompanied by supplements. 1. (Wages—)Minimum wage—U. S.(—States) (Series) HD6093.A35 331.26173 U. S. Dept, of Labor. for Library of Congress Library t I. Title. L 39-38 rev 4* FOREWORD The present report, covering the 16-year period 1942 to 1958, is the latest in the Women’s Bureau series on State minimum-wage laws and orders. It supersedes Bulletin 247 and its three supplements which brought the material up to August 16, 1956. The series covers the entire history of State minimum-wage legisla tion from the passage of the first law by Massachusetts in 1912. Pre vious bulletins are listed on page 31. In the present report, for the first time, the material is divided into two parts. Part I contains a descriptive summary of the history of minimum-wage laws, their concepts and constitutionality, new trends, and present-day effectiveness. It also contains lists of industries and occupations covered by minimum-wage rates, current orders, amendments, and laws and orders not revised since 1942. A folding chart at the back contains an analysis of the basic statutory provisions of State minimum-wage laws including coverage, administrative authority, basis of wage rates, and procedures for establishing mini mum-wage rates by wage order. Part II, issued separately, contains a chart analyzing the wage-rate provisions of 119 orders and 13 statutes which became effective after July 1, 1942, and were still in effect as of July 1, 1958. This represents 28 of the 34 jurisdictions having minimum-wage laws on the statute books in 1958. Part II is issued in loose-leaf form to facilitate periodic revision. An analysis of the Puerto Rico law will be issued as an addendum to part II. The research for the present report was done and the report written by Regina M. Neitzey under the direction of Alice Angus Morrison, Chief of the Bureau’s Division of Women’s Labor Law and Civil and Political Status. Alice K. Leopold, Director, Women’s Bureau. iii CONTENTS Development 1 History of minimum-wage laws 1 State and Territorial minimum-wage laws_______________________ 1 Federal minimum-wage legislation 3 Minimum wage in other countries 4 Concepts and constitutionality 4 Trends in State minimum-wage legislation_________________________ 9 Minimum-wage laws applicable to menand women_______________ 10 Statutory-rate laws n Present-day effectiveness 14 Occupational coverage_________________________________________ 15 Overtime 16 Split-shift provisions 16 Gratuities______________________________________________ 17 Meals and lodging 17 Uniforms lg Summary lists, by jurisdiction 20 Jurisdictions with minimum-wage laws 20 Industries and occupations covered 20 Nonmanufacturing________________________________________ 24 Manufacturing 26 Miscellaneous 26 Current minimum-wage orders 27 Chronological list of laws and amendments 28 Laws and orders not revised since July 1,1942............ 30 Women’s Bureau Minimum-Wage Bulletins 31 Analysis of State minimum-wage laws (folder 1-10)...................................facing 32 V Historical Development and Statutory Provisions DEVELOPMENT History of Minimum-Wage Laws Minimum-wage legislation has had a long and impressive history, both in the United States and elsewhere. Early American laws drew largely on the minimum-wage experience of the English-speaking countries, particularly Australia, New Zealand, and Great Britain. Women in large numbers had gone into industry in the late 19th century and a number of industrial studies made at about that time focused public attention on their working conditions. Employment for unreasonably long hours and at wages inadequate to provide the bare necessities was the lot of many women. Kecognizing the need for action, Congress in 1907 authorized the Secretary of Commerce and Labor to make an extensive investigation of the “industrial, social, moral, educational, and physical condition of woman and child workers in the United States.” The resulting report—Senate Docu ment No. 645, 61st Congress, 2d session—gave immeasurably increased impetus and force to an already growing movement by the shock it administered to the conscience of the people. State and Territorial minimum-wage laws Then, as now, more than widespread concern was needed to get local correction of unreasonably long hours and inadequate wages—specif ically, prolonged efforts by citizens willing to take responsibility for carrying through a program. The National Consumers’ League, vigorously concerned, was instrumental in forming a joint committee to bring together various groups,1 including organized labor, for the enactment of a law in Massachusetts. The Women’s Trade Union 1 Besides the Women’s Trade Union League and the Consumers’ League, organizations in the committee included among others the Massachusetts Child Labor Committee, the Women’s Educational and Indus trial Union, the Central Labor Union of Boston, and the Massachusetts Branch of American Association of Labor Legislation. l League of Boston sponsored a bill in 1911 asking for appointment of a commission to study the question of wages of women and children and the advisability of establishing wage boards. The joint committee successfully carried the burden of the campaign and in 1911 the legislature passed a bill appointing a commission to study the need for a law. In January 1912 the commission’s report went to the legislature. The public, aroused by the commission’s findings, virtually assured the passage of legislation, although concessions had to be made in the final draft. Subsequently, the first State minimum-wage law was adopted in Massachusetts, in 1912. Later, in various States this pattern of a temporary working organization to achieve a legislative objective was repeated.2 The National Consumers’ League took the initiative for legislative action again in the 1930’s, including the preparation of draft language with the technical assistance of leading legal scholars. The Massachusetts law set the pattern for subsequent minimumwage legislation in many important respects. It established the concept of a living wage, i. e., a wage adequate to maintain a woman worker in health without outside subsidy. The law, as did all except one of the earlier laws, originally applied only to women and minors— the groups for whom the need was greatest and for whom court decisions on maximum hours legislation had made the possibility of legislative relief more feasible. It created a new State agency re sponsible for the administration and enforcement of the law. And, most important, it provided for industry wage boards, composed of workers, employers, and the public, authorized to recommend mini mum wages for individual industries. The early Massachusetts law was not mandatory but depended entirely on the force of public opinion for compliance. From a beginning in Massachusetts, interest next spread to the West. In 1913, minimum-wage laws for women were enacted in California, Oregon, and Washington, and in five other western and midwestern States: Colorado, Utah, Nebraska, Minnesota, and Wisconsin. Of these, all except Nebraska have active minimum-wage administration today. Some have gone through several stages of enactment and repeal; but the laws of California, Oregon, and Wash ington have been continuously in effect through the entire 45 years to the present, and all three are of the wage-board type. The back ground of technical experience gained by citizens of these States lends support and example to groups in other States working for minimumwage laws, particularly of this type. The nine early minimum-wage laws were soon followed by others: Arizona, Arkansas, Kansas during World War I, and the District of * Women’s Bureau Bulletin No. 66-1, History of Labor Legislation in Three States, gives the background story of Massachusetts, New York, and California. 2 Columbia, North Dakota, Puerto Rico, South Dakota, and Texas soon after. The laws of Texas and Nebraska, however, were repealed during the decade 1914-1923 and have not been reenacted. The depression years of the 1930’s brought renewed and successful public action to establish a floor to wages by law. In 1933, six addi tional States enacted laws: Connecticut, Illinois, New Hampshire, New Jersey, New York, and Ohio. In 1936 Rhode Island passed its law. Pennsylvania, Oklahoma, and Nevada adopted laws in 1937. During this period, three States which had previously passed laws enacted new legislation: Massachusetts and Utah in 1933 and Arizona in 1937. Laws were enacted before the United States entered World War II by five more jurisdictions: Louisiana and Kentucky (1938); Maine and Alaska (1939); and Hawaii (1941). In 1941 also, Puerto Rico enacted a second law. Although no other States enacted minimumwage laws between 1941 and 1955, existing laws were revised and strengthened. Continued interest in such legislation and growing public concern were reflected in the number of bills introduced in various State legislatures. In 1955, three States enacted minimum-wage legislation for the first time—Idaho, New Mexico, and Wyoming. In 1956, Puerto Rico passed its third minimum-wage law and Rhode Island, its second. With the passage of a law in Vermont in 1957, the number of juris dictions with such legislation was increased to 34, Federal minimum-wage legislation State experimentation and technical experience with minimum-wage legislation formed the basis for minimum-wage action by the Federal Government, first under the National Industrial Recovery Act in operation from 1933 to 1935, and since 1938 through the Federal Fair Labor Standards Act. This act establishes minimum-wage and overtime rates for both male and female employees in industries engaged in or affecting interstate commerce. As amended in 1955 (effective in 1956), the act provides for a minimum hourly rate of 81, with time and one-half the employee’s regular rate for all work in excess of 40 hours a week. The effect of the Fair Labor Standards Act on State minimum-wage legislation is important and of interest. There is nothing in the act to prohibit States from establishing higher minimum rates for employ ees in interstate industries located within their borders, if they desire to do so. The act provides that if a State standard is higher, the State standard shall prevail. During the years-—1938 to 1949—that the Federal minimum remained stationary at the initial 40-cent 485240—59- -2 3 hourly rate, this provision enabled States to set minimum wages for interstate employment in line with the rising cost of living. However, in recent years, the States have tended to concentrate on the intra state trade and service occupations where the need for legislative protection has persisted because of the generally low wages, long hours, and relatively little union organization. Minimum wage in other countries New Zealand is generally credited with enacting the first minimumwage law. In 1894 it created district conciliation boards similar in many ways to later wage boards in the United States—boards of from 4 to 6 members—-with equal numbers of employers and workers elected by their respective groups, and an impartial outside chairman chosen by the board. Next, the Province of Victoria, Australia, set up a legal system of wage boards in 1896, followed by laws in a number of the other Aus tralian provinces and by a general Commonwealth measure in 1904. In 1909, Great Britain passed its Trade Boards Act providing for the setting up of trade boards in certain industries where wages had been found to be abnormally low. The original British act applied to only 4 trades—tailoring, paper-box making, machine-made lace, and chainmahing—but in 1913 it was extended to include 5 other sweated industries. Since then additional industries have been brought under the act. An interesting characteristic of British trade boards is that they are continuous in their operation. Concepts and Constitutionality State minimum-wage laws in this country were based on a common premise: Public concern for women and minor workers who, because they lacked special skills and were poorly organized in trade unions, were easily subject to exploitation. Basic social concern for the well-being of employed women and minors is revealed in the wording of the laws themselves. The Minnesota statute, for example, defines living wages to mean “wages sufficient to maintain the worker in health and supply him with the necessary comforts and conditions of reasonable life.” In California, the law provides that a wage board is to be called whenever after investigation the commission is of the opinion that the wages paid to women “are inadequate to supply the cost of proper living, or the hours or conditions of labor are prejudicial to the health, morals, or 4 welfare of the workers.” Oregon: . . it shall be unlawful to employ women in any occupation . . . for wages which are inade quate to supply the necessary cost of living and to maintain them in health.” Washington: “It shall be unlawful to employ women . . . in any industry or occupation . . . under conditions of labor detri mental to their health or morals; and ... at wages which arc not adequate for their maintenance.” This principle of wage protection based on the cost of living is a basic concept of State minimum-wage legislation in the United States. In 1923 the United States Supreme Court in the case of Adkins v. Children's Hospital,3 held one of the mandatory minimum-wage laws based on the cost of living unconstitutional. The District of Columbia cost-of-living law wras involved in this case. Excerpts from the majority opinion reveal the position of the Court: The statute ... is attacked upon the ground that it authorizes an un constitutional interference with the freedom of contract . . . the right to contract about one’s affairs is a part of the liberty of the individual protected by [the Constitution] . . . within this liberty are contracts of employment of labor. It is simply and exclusively a price-fixing law, confined to adult women . . . who are legally as capable of contracting for themselves as men. ... To the extent that the sum fixed exceeds the fair value of the services rendered, it amounts to a compulsory exaction from the employer for the support of a partially indigent person, for whose condition there rests upon him no peculiar responsibility, and therefore, in effect, arbitrarily shifts to his shoulders a burden which, if it belongs to anybody, belongs to society as a whole. The feature of this statute which, perhaps more than any other, puts upon it the stamp of invalidity is that it exacts from the employer an arbi trary payment for a purpose and upon a basis having no causal connection with his business, or the contract or the work the employee engages to do. For a decade, further development of minimum-wage legislation was checked. However, a significant number of States, including those on the west coast and North Dakota, continued to administer their laws as written, applying them to both women and minors on the ground that the Adkins case interpreted the District of Columbia law only, the laws of other States not being at issue in the decision. In some States the adverse Supreme Court decision was interpreted by State authorities as preventing active enforcement for women. Such States did, how'ever, continue to enforce the laws as they applied to minors. The early depression years stirred a revival of interest in minimumwage legislation as a means of meeting the wage-cutting practices and eliminating sweatshop conditions that then prevailed. In view of the Adkins decision, sponsors of these laws had developed a new * Adkins v. Children's Hospital, 261 U. S. 525. 5 concept intended to overcome the constitutional objections of the United States Supreme Court in the 1923 case. The principle of a fair return for the services rendered was incorporated in the statutes, usually in addition to the original cost-of-living concept. These laws became known as the “fair-value” laws to distinguish them from the earlier so-called “cost-of-living” laws. The fair-value laws, too, were challenged in the courts and in 1936 4 5the United States Supreme Court declined to overrule the decision of the New York Court of Appeals which had held unconstitu tional the New York law based on this concept, declaring that it failed to perceive any material difference between the fair-value statute and the early District of Columbia law. The New York statute involved in this challenge was one of the several laws which had been enacted in 1933. The action of the Court was interpreted by some as virtually to exclude minimum-wage regulation, at least so far as adult employees were concerned. In fact, the question before the Court was a narrow one. Mr. Chief Justice Hughes in a later case described it in this way: . . . (Morehead v. Tipaldo) came here on certiorari to the New York Court, which had held the New York minimum-wage act for women to be invalid. A minority of this Court thought that the New York statute was distinguishable in a material feature from that involved in the Adkins case and that for that and other reasons the New York statute should be sustained. But the Court of Appeals of New York had said that it found no material difference between the two statutes and this Court held that the “meaning of the statute” as fixed by the decision of the State court “must be accepted here as if the meaning had been specifically expressed in the exactment.” That view led to the affirmance by this Court of the judgment in the Morehead case, as the Court considered that the only question before it was whether the Adkins case was distinguishable and that reconsideration of that decision (Adkins) had not been sought. (West Coast v. Parrish, 300 U. S. 379.) In 1937, less than a year after the Morehead case, the Washington State minimum-wage law, one of the cost-of-living statutes, came before the United States Supreme Court in the famous case of West Coast Hotel v. Parrish,6 The Court specifically reversed its position taken in 1923 when it held the District of Columbia law invalid. With reference to the Morehead case the Court said: “We think that the question which was not deemed to be open in the Morehead case (the correctness of its decision in the Adkins case) is open and is necessarily presented here.” Excerpts from the majority opinion reveal the new position taken by the Court: The principle which must control our decision is not in doubt. The constitutional provision invoked is the due process clause of the Fourteenth Amendment .... In each case the violation alleged by those attacking minimum-wage regulation for women is deprivation of freedom of contract. What is this freedom? Tho Constitution does not speak of freedom of contract. It speaks of liberty and prohibits the deprivation of liberty without 4 Morehead. v. Tipaldo, 298 U. S. 587. 5 West Coast Hotel v. Parrish, 300 U. S. 379. 6 due process of law. In prohibiting that deprivation the Constitution does not recognize an absolute and uncontrollable liberty. This power under the Constitution to restrict freedom of contract has bad many illustrations. That it may be exercised in the public interest with respect to contracts between employers and employees is undeniable. It is manifest that this established principle is peculiarly applicable in relation to the employment of women in whose protection the State has a special interest. One of the points which was pressed by the Court in supporting its ruling in the Adkins case was that the standard set up by the District of Columbia Act did not take appropriate account of the value of the services rendered. In the Morehead case, the minority thought that the New York statute had met that point in its definition of a “fair wage” and that it accordingly presented a distinguishable feature which the Court could recognize within the limits which [the case] was deemed to present. The Court, bo-wever, did not take that view and the New York Act was held to be essentially the same as that for the District of Columbia. The statute now before us is like the latter, but we are unable to conclude that in its minimum-wage require ment the State has passed beyond the boundary of its broad protective power. The minimum wage to be paid ... is fixed after full consideration by representatives of employers, employees, and the public. It may be assumed that the minimum wage is fixed in consideration of the services that are per formed in the particular occupations under normal conditions. There is an additional and compelling consideration which recent economic experience has brought into a strong light. The exploitation of a class of workers who are in an unequal position ... is not only detrimental to their health and well-being but casts a direct burden for their support upon the community. What these workers lose in wages the taxpayers are called upon to pay. The bare cost of living must be met. Our conclusion is that the case of Adkins v. Children’s Hospital, should be, and it is, overruled. This favorable decision immediately stimulated legislative and administrative activity in the minimum-wage field. Five new States enacted laws and nine States validated, amended, or reenacted their laws during the years 1937 and 1938. There was also increased activity in the establishment of wage boards and the issuance of wage orders which translated the benefits of the laws into actuality for many women and minor employees. There have been many State Supreme Court rulings on the validity of minimum-wage legislation. Three State cases, dealing with fairvalue laws, are of particular interest because the United States Supreme Court has not specifically ruled on that type of legislation. Pennsylvania 6 in 1942, Ohio 7 in 1945, and Kentucky 8 in 1947, all upheld the constitutionality of their laws on the ground that such legislation was not an improper or unwarranted delegation of legis lative power and authority. In the Fisher case in Pennsylvania and the Ohio case, Strain v. Southerton, the decision was limited to delegation of legislative power • In re Fisher, 344 Pa. 96, 23 A. 2d 87S. 7 Strain v. Southerton, 75 Ohio App. 435, 62 N. E. 2d 633. * Young v. Willis, 305 Ky. 200, 203 S. W. 2d 5. 7 and authority. Both State Courts held that the minimum-wage law was not an improper or unwarranted delegation since the legislature had provided, in the law, definite standards for guidance in establishing minimum wages and the duties carried out are administrative rather than legislative in character. In Young v. Willis, the Kentucky Supreme Court, in addition to holding that the reasonable standards for guidance in the law saved it from being an unconstitutional delegation of legislative power, also ruled on the issue of whether the legislation was special or class legis lation, prohibited by the State Constitution. (The particular challenge was directed to the provision permitting the setting of rates varying with locality.) On this point the Court said: A law is not special or local solely because it does not relate to the general public. It may relate to a special class or a special locality if the facts reason ably differentiate that class or locality from the general public or from the State at large. In this act the Legislature made the cost of living an element in the determination of a fair minimum wage, and it is common knowledge that there is a wide discrepancy between the cost of living in different localities in the Commonwealth. The General Assembly undoubtedly realized this when it made it possible for the Commissioner and the Wage Board to consider and act on facts which establish the differences in the various localities. The constitutional validity of the New York amendment to cover men (see next section for details) was challenged in the courts of New York during 1952.9 By analogy to the Federal Fair Labor Standards Act and citing the Darby case in which the constitutionality of the Act was upheld,10 *the lower court found the supplementary protection amendment constitutional and valid: As an Act of Congress prescribing minimum wages for men does not violate the Fifth Amendment, I think it necessarily follows that a State statute prescribing minimum wages for men does not violate the Fourteenth Amend ment. Again, the constitutionality of the New York amendment to cover men employed in establishments where no women and minors are employed was challenged in the courts 11 during 1957. The supple mentary protection amendment was declared constitutional even when coverage is extended to lodging houses where only men are employed. On appeal from the New York Court of Appeals, this case was dismissed by the United States Supreme Court “for want of a substantial Federal question.” 12 A recent decision by the N ew Jersey Supreme Court on the authority of the State Labor Commissioner to establish overtime rates is of special interest. The New Jersey wage order for the Laundry and Cleaning and Dyeing Occupations provides, in addition to the basic • Lyons v. Corsi, 116 N. Y. S. 2d 520. 10 U. S. y. Darby, 312 U. S. 100. n Lyons v. Lubin, 3 N. Y. 2d 60. i2 Lyons v. Lubin, U. S. Supreme Ct., Docket No. 614, Jan. 6,1958, 8 minimum, for payment of overtime based on the employee’s regular rate, after 40 hours a week (previously after 48, until Aug. 7, 1956; after 44, until Nov. 8, 1956). The validity of the minimum-wage order was contested on the issue of “whether an overtime rate higher than the basic minimum was an appropriate part of a minimum fair wage and could be properly included in the regulations added by the commissioner to the recommendations of a wage board.” The New Jersey Supreme Court in 1957 upheld the wage order.13 This decision marks the first time that the highest court of any State has affirmed the validity in a minimum-wage order for an intra state service occupation of an overtime provision similar to that established for interstate workers by the Federal Fair Labor Standards Act. In the opinion the court stated: . . . that the commissioner’s determination to establish overtime rates based upon the “regular hourly wage” as stated in Mandatory Order No. 10 must be sustained as a valid exercise of a properly delegated authority. Many important cases on minimum-wage legislation have been decided in the State and Federal courts. The basic issue has been the right of the State, or the Congress, through its authority to protect certain classes of workers. The leading State cases are Adkins v. Children’s Hospital (supra), which held the District of Columbia law unconstitutional; and West Coast Hotel v. Parrish (supra), which in upholding the constitutionality of the Washington State law reversed the Adkins decision. An important Federal case upheld the consti tutionality of the Federal Fair Labor Standards Act (supra). Trends in State Minimum-Wage Legislation With the constitutionality of State laws firmly established in 1937 and the passage of the Federal Fair Labor Standards Act in 1938, minimum-wage legislation became an accepted and important part of our basic social legislation. Though perception of the need for it was less widespread when average wage levels went up, first with economic recovery and later during World War II, State minimum-wage activ ity continued, resulting in the passage of new laws as well as numerous changes and improvements in existing legislation. In 1939, Connecticut became the first State to bring men under coverage by an amendment to its law. Subsequently four additional States have by various provisions broadened coverage to include men: New York in 1944, Rhode Island in 1945, Massachusetts in 1946, and New Hampshire in 1949. New legislation in four other States—11 11 Lane v. Holderman, 23 N. J. 304,129 A. 2d 8. 9 Idaho, New Mexico, Wyoming (1955) and Vermont (1957)—cover men and women, as do the laws of Alaska (1955), Hawaii (1942), and Puerto Rico (first in 1941 and again in 1956). A second important recent development in basic standards has been the establishment of statutory rates either by new laws or by the incorporation of such rates in laws that already provided for wage orders through wage-board action. Three States—Massachusetts, New Hampshire, and Connecticut—amended their laws to provide for a statutory rate, at the same time retaining wage-board procedure. The new laws of Idaho, New Mexico, and Wyoming establish statutory rates only. The Vermont law establishes a statutory rate and provides for wage-board rates. Recently, Rhode Island passed a new law establishing a statutory rate with wage board provisions applicable to establishments with more than three employees; the earlier law providing for wage-board action only is still in effect for persons exempt from the statutory-rate coverage. In Puerto Rico, two pre vious minimum-wage laws were repealed by 1956 legislation which provides for a statutory rate with wage-board provisions. Of the 14 jurisdictions with statutory rates or statutory and wageboard rates: 1 (Alaska) has a rate of $1.25 an hour—higher than the Federal minimum; and 6 (Connecticut, Massachusetts, Nevada, Rhode Island, Hawaii, and Puerto Rico) have statutory rates of $1 an hour, the same as that set by the Federal Fair Labor Standards Act. Minimum-wage laws applicable to men and women Although minimum-wage laws in this country were designed ori ginally to give protection to women and minors, recognition that many men workers need similar legislative protection is not new. Laws in nine States and three Territories include men and women in their coverage. In 1937, the Oklahoma law was written to cover men, women, and minors but was held invalid as to men and minors because of a tech nical defect in the title. The Federal Fair Labor Standards Act enacted in 1938 covers both sexes and its constitutionality was settled in the Darby case. The laws in Puerto Rico (1941) and Hawaii (1942) also covered all employees. Coverage of men in five States was originally attained by one of two different methods: The general coverage amendment and the so-called indirect method. Connecticut, Massachusetts, and New Hampshire followed the method of general coverage, while New York and Rhode Island used the indirect method. Under both types of coverage the law is made applicable to all persons or employees in the covered occupations in the same manner 10 and to the same extent as if such persons had been expressly included originally. Under general coverage, “employee” is defined as any person rather than as a woman or minor, thus making the law appli cable to persons of both sexes throughout. A variant provision en acted in New Hampshire retains the original wage-board law applicable to women and minors on the books but adds new sections, setting a statutory rate applicable to all employees, save those specifically exempted. Under the so-called indirect method of covering men, used in New York and Rhode Island (now partially superseded) the wage-board sections continue to apply to women and minors but an added new section prohibits the employment of men at wage rates or under standards lower than those prescribed by wage orders for women and minors in the occupation. The enforcement sections were amended to make them apply to all employees. Although coverage of adult men by State minimum-wage laws is a relatively new development in a number of States, minimum-wage laws from the beginning have covered male minors in most States. Statutory-rate laws In 1941, only three States—Arkansas, South Dakota, and Nevada— and Hawaii had statutory rates, i. e., rates set by the legislature. Statutory-rate laws have been characterized as “inflexible” because they make no provision for adjustment to changing economic condi tions, as do laws that provide for wage boards to adjust minimum wages in particular industries. However, revision of statutory or flat-rate laws can be, and has been, accomplished by legislative action. For example, by amendment, the hourly rate set by statute in Nevada, is now $1, equal to that set by the Federal Fair Labor Standards Act as amended; the rate in Hawaii was 90 cents, until July 1, 1958, when it was increased to $1 an hour. Recently statutory rates were established in four jurisdictions. New legislation became effective during 1955 in Alaska, which fixed the statutory minimum hourly rate of $1.25, higher than that set by the Federal Fair Labor Standards Act as amended; and in Idaho, New Mexico, and Wyoming, where the rate set was 75 cents an hour. As a result, in eight jurisdictions, wage rates are established by statute only. The advantage of a statutory rate in establishing immediate widespread minimum-wage protection is recognized by most State administrators. But years of experience, with wage orders tailormade to meet the needs of individual industries or occupations and readily adjustable to economic changes, have made many administra tors take a cautious approach to depending exclusively on statutory rates. While they recognize the advantage of the latter, they appreci485240—59- 3 11 ate from long experience the value of the former. Realizing the value of both forms of minimum-wage rates, five States and Puerto Rico now have laws which establish statutory and wage-board rates. These rates were attained by new legislation in Puerto Rico, Rhode Island, and Vermont, and by amendments to existing laws in Connec ticut, Massachusetts, and New Hampshire. The Rhode Island statute establishes a statutory rate of $1 an hour (90-cents an horn1 in the original law of 1956 but amended in 1957) for employees of employers of four or more persons; permits an allowance for gratuities, as part of the minimum hourly wage rate, in an amount not to exceed 30 cents an hour; and prohibits deductions from the minimum for board, lodging, apparel, or other facilities fur nished by the employer. The Director of Labor, with the assistance of advisory boards, is authorized to issue administrative regulations necessary to carry out the purposes of the act, prevent the evasion thereof, and safeguard the minimum rates. Such regulations may include definition of terms, outside or traveling salesmen, learners and apprentices, and provisions for special or extra pay for special, overtime, or extra work. In Puerto Rico, 1956 minimum-wage legislation establishes a Min imum Wage Board with authority to fix minimum wages and to revise them at least once every 2 years until attaining, as rapidly as possible, a minimum of $1 an hour in all industries. The new law in Vermont sets a statutory rate of 75 cents an hour and authorizes the commissioner to appoint a wage board with authority to: (a) recommend a suitable scale of rates for learners, apprentices, and handicapped persons; (b) recommend and determine the amount of deductions for board, lodging, apparel, or other items or services supplied by employer or such other conditions or circumstances as may be usual in a particular employer-employee relationship, in cluding gratuities. Previous to the new laws in Rhode Island, Vermont, and Puerto Rico, the addition in three States of statutory rates to wage-board laws was widely heralded as a significant step in minimum-wage development. Differences among the three statutory-rate amend ments are of interest. In New Hampshire the 50-cent statutory-rate amendment, effective in July 1949, was made applicable to all employees with certain exemptions that include among others employees in restaurants, hotels, inns, and cabins. Female and minor employees in these latter occupations received minimum-wage protection in New Hampshire because the Attorney General ruled that wage orders for women and minors can continue to be issued for the occupations covered by the original New Hampshire law. Following the statutory-rate amend ment, the commissioner readjusted the rates of existing wage orders for women and minors, increasing them to the 50-cent level with 12 the practical result that in the restaurant, hotel, inn, and cabin occupations only women and minors have the protection of the 50 cent minimum wage. The Attorney General has ruled that the New Hampshire amend ment gives the commissioner authority to increase the 50-cent statu tory rate through the issuance of wage orders in occupations not exempt by law. The commissioner has not yet used this authority to increase the statutory minimum. However, by amendments the statutory minimum for men, women, and minors was raised in 1953 to 60 cents, in 1955 to 75 cents, and in 1957 to 85 cents an hour. Massachusetts amended its minimum-wage law in 1949 to establish a statutory rate applicable to all employees within the terms of the law but not covered by wage orders. Wage orders are in effect for most of the major trade and service occupations so that the statu tory rate applies largely to classes of workers not identified with the major occupational groups. Between August 1949 and December 1952, Massachusetts issued nine orders increasing minimum wages over previous orders but not in every instance establishing rates as high as the statutory level. In 1952, the State legislature added two significant provisions to the Massachusetts minimum-wage law. One of these provisions requires the Commissioner of Labor to make a biennial review of all wage orders, as an additional safeguard against the possibility of a static rate. The other provision establishes a floor below which wage-order rates, except in a few specified categories, must not fall. Both of these features are designed to make the minimum-wage law flexible enough to meet changing economic conditions. The original statutory rate in Massachusetts was set at 65 cents an hour, effective January 1950. Since that time, this rate has been replaced by a 75-cent hourly rate in 1952; a 90-cent rate in 1955; and a $1 rate, effective January 1957—the same as that set by the Federal Fair Labor Standards Act. The first minimum below which no wage board could make recommendations was 65 cents an hour in 1952; this minimum was raised to 75 cents in 1956. An amendment in 1956 requires the Commissioner of Labor to issue a mandatory order automatically advancing minimUm-wage orders to the established hourly minimum. In 1957, wage-board rates were increased to 80 cents an hour, when the statutory rate of $1 an hour became effective January 4, 1957. However, wage boards have recommended rates higher than the 80-cent hourly minimum in five wage orders. Another 1956 amendment in Massachusetts provides that a wage board may recommend overtime rates for all hours worked in excess of 40 in any week. In 1957, the statutory rate in Connecticut—the third State which amended its minimum-wage law to establish a statutory rate—was increased to $1 an hour from 75 cents an hour. The 75-cent statutory 13 amendment, enacted in 1951, mandatory January 1952, was the first statutory rate to equal the Federal minimum then in effect (which was raised from 75 cents to $1, effective 1956) although other States had attained the 75-cent level through wage orders. The Connecticut rate applies to all occupations within the terms of the law, except as occupational wage orders are issued setting minimum wages equal to or exceeding the statutory minimum. Connecticut’s amendment gave the commissioner express authority to make administrative regulations appropriate to carry out the purposes of the act. The law directs that these regulations shall be developed with the assistance of advisory boards representing the occupations to which the regulations will apply, thereby facilitating adaptation of the statutory rate to fit the needs of individual occupa tions and industries. Administrative regulations issued by Connecti cut under these provisions relate to such matters as board and lodging, tips, uniforms, learners and apprentices, waiting time, and employ ment on a split shift. Similar authority to issue administrative regula tions was incorporated in the 1956 Rhode Island law. Present-Day Effectiveness The early minimum-wage laws did much to improve unfavorable conditions and to raise the extremely inadequate wages of women both in manufacturing and in trade and service occupations. Enactment of the Federal Fair Labor Standards Act in 1938, with coverage of workers in interstate production, gave the vast majority of workers in manufacturing industries broad minimum-wage protection. During the years that the Federal minimum remained at 40 cents an hour, a number of State minimum-wage orders were of direct benefit to inter state workers. Two amendments—raising the rate to 75 cents an hour in 1949 and to $1 in 1956—again assured industrial workers in the lowest wage brackets protection under the Federal law. How ever, trade and service workers receive no direct benefits from the Federal Fair Labor Standards Act since it does not apply to workers in intrastate industries as such. Now, as in the early days of minimum wage, trade and service industries employ large numbers of unskilled workers, still often poorly organized in trade unions, at a relatively lower wage scale than that for more skilled work. Therefore, even where minimumwage laws have been extended to men, wage orders continue to be issued largely for the trade and service industries in which large numbers of women are employed. An analysis of current State minimum-wage orders indicates the 14 extent to which the minimum-wage States have accepted the challenge and responsibility for setting a wage floor in trade and service indus tries. Of the more than 80 orders now in effect issued in 18 States and the District of Columbia over the 5-year period, between March 1953 and July 1958, over two-thirds have been for the major trade and service occupations: Mercantile or retail trade, beauty or personal service, public housekeeping including hotels and restaurants, laundry and dry cleaning, and amusement and recreation. One-third of these orders for trade and service occupations established an hourly rate of $1 or more. It seems clear that State administrators have recognized that under State minimum-wage laws a significant service can be rendered by the issuance of wage orders for the service industries, thus supplementing the regulation of manufacturing by the Federal Government. Some States continue to issue orders for manufacturing, thus providing minimum rates for workers in intrastate as well as interstate industries. The benefits of minimum-wage legislation to workers are measur able not only in terms of wages and/or hours of work established but also in terms of the fringe benefits provided. In most States wage orders also contain provisions or regulations safeguarding prescribed wage rates. These wage-related provisions in wage orders have done much to improve working conditions as well as to insure receipt by the worker of the established wage. Some of the more important and frequently occurring of these benefits derive from regulations affecting industry practices on overtime pay, split-shift provisions, gratuities, meals and lodging, and uniforms. Occupational coverage In addition to concentrating on the trade and service occupations, States sought to extend minimum-wage protection by broadening occupational coverage of existing orders as such orders were revised and by issuing new orders for occupations or industries not previously covered. The California wage orders, first revised in 1942, and revised again in 1947, 1952 and 1957, illustrate this broadening of coverage. For example, the wage-order coverage for public housekeeping was ex tended to include nurseries, sanitariums and rest homes, and estab lishments contracting for maintenance or cleaning of commercial quarters or living quarters in the 1947 revision. Child-care institu tions and homes for the aged; taverns, bars, and cocktail lounges; and establishments providing veterinary or other animal care were added in 1952 to the coverage of the California public housekeeping order and retained in the 1957 revision. New groups of workers have received minimum-wage benefits for 15 the first time in some States by the issuance of orders for occupations or industries not previously covered by minimum wages. Examples of this trend can be found in New York with a 1953 order for counselor staff, in Oregon with 1956 orders for amusement and telephone industries and a 1957 order for organized youth camps; and in Cali fornia with a 1957 order for the broadcasting industry. Overtime The practice of establishing an overtime rate as an integral part of the minimum-wage scale has been increasing. Such provisions recognize that many women workers, since they have the dual respon sibility of home and job, have a special need for the moderate hours of work which overtime provisions encourage. Since the majority of State minimum-wage laws apply only to women and minors and since in all States the wage orders relate largely to the principal womanemploying industries and occupations, provisions for overtime pay are of particular benefit to women workers. Overtime rates in some orders are based on one and one-half times the employee’s regular rate and in others one and one-half times the minimum or basic rate. Another type of overtime provision is the establishment of a specific hourly rate which, generally, equals one and one-half times the minimum rate; sometimes the rate established is only slightly higher than the basic minimum. For example, time and one-half the employee’s regular rate must be paid to laundry workers after 40 hours a week in New Jersey, and after 44 hours a week in Connecticut and Massachusetts. One and onehalf times the basic minimum is required by the New York hotel order (effective June 1958) for hours in excess of 40 a week. An overtime rate of $1.35 an hour is established by the Massachusetts mercantile order of June 1957 for hours over 44 a week; the basic minimum rate is 90 cents an hour up to and including 44 a week. An example of a rate slightly higher than the basic minimum is the Rhode Island laundry and dry cleaning order (effective October 1957) with a basic rate of $1 an hour which requires the payment of $1.05 an hour for work over 45 hours a week. The basic rate for retail trade in the District of Columbia (effective October 1957) is $36 for a 36 to 40hour week; $1 an hour is required for hours worked in excess of 40 a week. Split-shift provisions Some State wage orders regulate the practice of split shifts by re quiring that higher wages be paid for days on which the work period 16 has more than one shift, or covers a spread of hours that exceeds a specified number. Such wage orders usually require that an addi tional amount be added to the minimum wage each day that the em ployee works a split shift. Among the States with this type of pro vision are California, the District of Columbia, Kentucky, New Jersey, New York, Rhode Island, and Utah. Wage orders in Arizona and Ohio do not require additional pay for split-shift employment but do regulate the period in which such shifts must be worked. Gratuities In some industries or occupations the worker customarily receives tips or gratuities from patrons, which augment the wages paid by his employer. Legislatures and wage boards have accordingly given at tention to the question of whether gratuities should be considered in establishing the minimum wage. Policy and practice in this matter differ in the several States. For example, in some States wage orders for hotel, restaurant, and public housekeeping occupations take into account tipping practices by classifying employees into service and nonservice groups and setting a lower rate for the service employee who receives tips. The District of Columbia, Kentucky, Massa chusetts, New Hampshire, New Jersey, New York, Ohio, and Penn sylvania follow this procedure. In other States—California, Colorado, Minnesota, Oregon, Utah, Washington, and Wisconsin—wage orders for these occupations do not set a wage differential for service and nonservice employees and ex pressly prohibit deduction from the minimum wage for tips and gratuities. In the Rhode Island wage order, 30 cents an hour is the maximum deduction from the minimum wage which is permitted under specified conditions. Administrative regulations issued under statutory rates permit, under certain conditions, a deduction of a specified amount for tips and gratuities: Connecticut, 30 cents an hour in hotel and restaurant industries and 15 cents an hour in other industries where gratuities have been customarily counted as part of the wage for hiring purposes; Rhode Island, 30 cents an hour, except 10 cents an hour for taxicab drivers. Idaho, one of the States with a statutory rate, amended the mini mum-wage law to redefine wages exclusive of tips and gratuities, which were previously included. Meals and lodging In occupations where employees are customarily furnished meals and/or lodging, such as hotels and restaurants, wage boards have 17 taken into account that payments in kind must be recognized in es tablishing workable minimum-wage rates. Most wage orders contain detailed provisions regulating the maximum value, and in some cases the type of meals for which deduction can be made, thus avoiding the possibility of abuse. For example, California permits deductions for meals in its public housekeeping order but specifies the maximum charges allowable for breakfast, lunch, and dinner; and defines a meal as “an adequate wellbalanced serving of a variety of wholesome nutritious foods. The order further specifies that deductions may not be made for meals not eaten and shall be made only for bona fide meals consistent with the employee’s work shift. The District of Columbia public housekeep ing order permits a deduction for one meal for each 4 hours worked but not more than two meals a day for employees not living at place of employment; and specifies a 30-cent maximum allowable deduction for any bona fide meal furnished within these limitations. New York orders have a somewhat different regulation in that they require a higher hourly or weekly rate when meals are not supplied. Under the 1958 hotel order the differential for nonresidential em ployees in all-year hotels is 6 cents an hour for one meal a day and 12 cents for two meals. The September 1957 restaurant order has a “with meal rate” and a “no meal rate” with a 10-cent differential. Any employee who works 5 hours or more in 1 day must receive two meals if the “with meal rate” is to be applied. Lodging provisions are similar to meal provisions. For example, the Massachusetts public-housekeeping order permits a maximum weekly deduction of $4 each for a double room “when adequate, decent and sanitary lodging, including heat and light, is furnished.” file deduction is not permitted “unless the room is actually used by the employee and unless said employee desires said room.” Uniforms Provisions regulating the furnishing and maintenance of uniforms are found in wage orders or administrative regulations of almost all States that have public-housekeeping orders (including hotel and restaurant). The provisions prohibit charges of any kind for uniforms and their upkeep or deductions from the minimum wage for the cost of uniforms; require employer to furnish and maintain necessary uniforms, and specify the amount he may elect to pay in lieu of furnishing, launder ing, and maintaining them; or establish special rules for required uniforms. . In California, for example, no employee shall be required to con tribute, directly or indirectly, from the minimum wage for the pur 18 chase or maintenance of required uniforms. New Hampshire is one of the States prohibiting deductions of the cost of required uniforms. The District of Columbia order provides that the employer must pay for the purchase, maintenance, and cleaning of uniforms; in lieu of furnishing and maintaining uniforms, he may elect to pay regularly an additional 3 cents an hour. A similar provision in the New York restaurant order requires an additional 4 cents an hour. In New Jersey, the employer must reimburse, in same week, a restaurant em ployee required to furnish more than one style, type, or color of uni form during any one year. Many of the State orders also include a detailed definition of uniforms. Under statutory rate laws in both Hawaii and Nevada if special uni forms are required, employer must furnish and launder them without cost to the employee. Note: For detailed analysis of rates and coverage in chart form, see part II of this bulletin, issued separately. 19 SUMMARY LISTS, BY JURISDICTION Jurisdictions With Minimum-Wage Laws The 34 jurisdictions having minimum-wage laws on their statute books are listed below. The second column indicates whether the law applies to women and minors, to all females, or to all employees including men. J urisdiction Alaska________________________ Arizona_______________________ Arkansas_____________________ California_____________________ Colorado_____________________ Connecticut___________________ District of Columbia___________ Hawaii_______________________ Idaho________________________ Illinois_______________________ Kansas_______________________ Kentucky_____________________ Louisiana_____________________ Maine________________________ Massachusetts________________ Minnesota____________________ Nevada______________________ New Hampshire_______________ New Jersey___________________ New Mexico__________________ New York____________________ North Dakota________________ Ohio_________________________ Oklahoma____________________ Oregon_______________________ Pennsylvania_________________ Puerto Rico__________________ Rhode Island_________________ South Dakota_________________ Utah_________________________ Vermont_____________________ Washington__________________ Wisconsin____________________ Wyoming_____________________ Employee coverage Any employee Women and minors Females Women and minors Women and minors Any individual Women and minors Men, women, minors Any employee Women ana minors Women and minors Women and minors Women and girls Women and minors Any person Women and minors Any female Any employee Women and minors All employees Women and minors; men Women and minors Women and minors Adult women Women and minors Women and minors All employees All employees Women and girls Women and minors All employees Women and minors Women and minors All employees, except per sons under 18 years. Industries and Occupations Covered The chart and lists which follow show the industries and occupa tions covered in the States and Territories with statutory rates and wage-order rates. The statutory rates and also two wage-order rates 20 in Kentucky and Wisconsin have general coverage which affects most industries and occupations, with some exceptions. The wage orders are shown by their title and not by the industries and occupations listed in the definition of coverage of any specific order. Only wage orders issued between July 1, 1942, and July 1, 1958, and still in effect are included. Laws and orders effective prior to July 1, 1942, which have not been revised, are listed on page 30. Industries and Occupations Covered by State Minimum-Wage Rates General coverage: Title of industry or occupation wage order Rate set by— issued since July 1, 1942, and in effect July 1, 1958 Nonmanufacturing State or Territory i Statute Alaska . Arizona, __ ________ _ Arkansas, __ _______ _ _ California, __ _________ , Colorado____________ ___ Connecticut______________ District of Columbia, .. Hawaii. _____ ___________ Idaho_______ _ __ __ Kentucky _ ___ __ Massachusetts_______ __ Minnesota, ___ _____ __ Nevada__ __ ... __ .. New Hampshire, ___ New Jersey, _______ __ New Mexico, , ,, New York.. __ __ _______ North Dakota. _ _ ______ Ohio., _ . ___________ Oregon__ __ __ Pennsylvania___ _________ Puerto Rico __ Rhode Island 51 **_ *3 84 South Dakota. _ ________ Utah__ _____________ __ . Vermont _____ __ .. Washington___________ Wisconsin. ______ ______ Wyoming,___ ,_ ____ Wage order Amuse Beauty, Personal service Build ment and ing recre serv ation Beauty Personal ice service service Clerical, technical, office X X X X x X X X X X X 3X X X X X X 3X X X X X X X X X X X X 8X X X X X X X X X X X X 1 Five States—Illinois, Kansas, Louisiana, Maine, and Oklahoma—with minimum-wage laws are not shown on chart because no wage orders are currently in effect. 3 Title of order is Professional, Technical, Clerical and Similar Occupations. 3 Court case pending. 4 Puerto Rico wage orders not shown here; to be issued in a special addendum to Part II of this report. 8 Industry or occupation shown is applicable to establishments with more than 3 employees. Four other minimum-wage orders in Rhode Island, applicable to establishments with 3 or less employees, are not shown on chart: Public Housekeeping; Laundry and Dry Cleansing; Retail Trade; and Restaurant and Hotel Restaurant. 8 Two minimum-wage orders: General Amusement and Recreation; and Theatrical Amusement and Recreation. 21 Industries and Occupations Covered by State Minimum-Wage Rates—Con. Title of industry or occupation wage order issued since July 1, 1942, and in effect July 1,1958—Continued Nonmanufacturing—Continued State or Territory Public housekeeping Laundry and dry cleaning Coun selor staff Laun dry Dry clean ing Laundry and dry cleaning Hotel Public Restau Hotel and res house rant taurant keeping X Arkansas_______ __ X X X X X X X X District of Columbia. X X X 8 X X X Nevada X X X X X X X X X X X X X 7X 8 X X X . »X X Rhode Island 5 Vermont X X io x X X X io x X X Wvoming _ For footnotes», *, and s, sec first page of table. i Title of order is Occupations Related to the Furnishing of Food and/or Lodging. * Title of order is Organized Youth Camps. > Title of order is Restaurant, Hotel Restaurant, and Public Housekeeping. « Titles of Vermont orders are Hotel, Motel, Tourist Place and Restaurant Industry; and Summer Camp Industry. 22 Industries and Occupations Covered by State Minimum-Wage Rates—Con. Title of industry or occupation wage order issued since July 1,1942, and in effect July 1,1958—Continued State or Territory Nomnanufacturing—Con. Retail, mercan tile trade Alaska_____________ Arizona Arkansas___________ California Colorado Connecticut District of Columbia. Hawaii_____________ Idaho______________ Kentucky__________ Massachusetts Minnesota Nevada____________ New Hampshire New Jersey New Mexico________ New York North Dakota Ohio_______________ Oregon Pennsylvania Puerto Rico 4_______ Rhode Island 6 South Dakota______ Utah Vermont____________ Washington Wisconsin__________ Wyoming___________ Manufacturing Tele AH phone, Miscel manu tele laneous u fac graph turing Can ning, etc. Food Minors proces Miscel sing laneous*12 X X X X X X x X X "x‘ X X X X X X X X X X X X 'x" ’x' X X X X X X X X X X X For footnotes < and », see first page of table. nonmanufacturing includes 6 minimum-wage orders: California for Broadcasting, and Service0^tati0n, 0regon for HosPltalsI Wisconsin for Agriculture, Industrialized Agriculture, and Domestic 12 Miscellaneous manufacturing includes 6 minimum-wage orders: California for Industries Handling Products after Harvest, and Motion Pictures; Massachusetts for Needle Trades; New York for Confection ery, Oregon for Preparmg Poultry, etc.; Washington for Fresh Fruit and Vegetable Packing. 23 Nonmanufacturing Minimum-wage rates for one or more nonmanufacturing industries have been established in the laws themselves or by minimum-wage orders and are now in effect in 29 jurisdictions. The majority of these rates are applicable to the important trade and service industries, such as hotels and restaurants, mercantile or retail trade, and laundry and dry cleaning. _ Rates established by law have overall coverage, i. e., they apply in general to all nonmanufacturing industries; those established by minimum-wage orders have specific coverage for an individual in dustry or occupation, or for a related industry or occupation group. The minimum-wage rates apply to nonmanufacturing by— General coverage in: Alaska Arkansas Connecticut* Hawaii Idaho Kentucky Massachusetts* Nevada New Hampshire* New Mexico Puerto Rico** Rhode Island* South Dakota Vermont* Wisconsin* Wyoming •Also under specific coverage for one or more groups. ••Puerto Rico wage orders not shown here; to be issued in a special addendum to Part II of this report. Specific coverage for: Hotel, restaurant, and/or public housekeeping in 16 States and District of Columbia: Hotels New Hampshire (see Restaurants) New York (see Restaurants) Hotels and restaurants—Continued Ohio Vermont* Restaurants New Hampshire New Jersey New York Pennsylvania Utah (see Public housekeeping) Public housekeeping California Colorado Massachusetts Minnesota North Dakota Oregon Rhode Island** Utah Washington Hotels and restaurants District of Columbia Kentucky •Title of Vermont order is Hotel, Motel, Tourist Place and Restaurant Industry. , ••Listed under Public Housekeeping because title of Rhode Island order is Restaurant, Hotel Restamant and Public Housekeeping. In addition, there are two orders applicable to establishments with 3 or fewer employees: Public Housekeeping, and Restaurant and Hotel Restaurant. Mercantile or retail and/or wholesale trade in 15 States and District of Columbia: Arizona California Colorado Connecticut District of Columbia Massachusetts 24 Minnesota New Hampshire New Jersey New York North Dakota Oregon Pennsylvania Rhode Island Utah Washington Laundry and/or dry cleaning in 14 States and District of Columbia: Laundry Colorado Connecticut (see Dry cleaning) Massachusetts (see Dry cleaning) New Hampshire (see Dry cleaning) New York (see Dry cleaning) Dry cleaning and dyeing Connecticut Massachusetts New Hampshire New York Laundry and dry cleaning Arizona California District of Columbia Minnesota New Jersey North Dakota Oregon Rhode Island Utah Washington Beauty service and/or personal Columbia: rvice in 9 States and District of Beauty service Colorado Connecticut District of Columbia Now Hampshire New Jersey New York Oregon (see Personal service) Washington Personal service California Massachusetts Oregon Amusement and recreation in 6 States: California Massachusetts Minnesota New York Oregon Washington (2 orders) Clerical, technical and/or professional in 4 States and District of Columbia: Clerical and technical District of Columbia Massachusetts Office Oregon Washington Professional, technical, and clerical California Building service in 2 States and District of Columbia: District of Columbia Massachusetts New York Telephone and/or telegraph in 4 States: North Dakota Oregon Washington Wisconsin Counselor staff in 4 States: New York Oregon Vermont Washington Miscellaneous nonmanufacturing in 3 States: Agriculture; industrialized agriculture............. ............. Wisconsin Broadcasting......................... California Domestic service................... Wisconsin Hospitals, sanitariums Oregon Transportation------------------------------------------------------------------ California 25 Manufacturing Twenty-two jurisdictions have established minimum-wage rates for all manufacturing industries and/or certain branches of manufacturing: Alaska Arkansas California Connecticut District of Columbia Hawaii Idaho Kentucky Puerto Rico Rhode Island South Dakota Vermont Washington Wisconsin Wyoming Massachusetts Nevada New Hampshire New Mexico New York North Dakota Oregon The minimum-wage rates apply to manufacturing by— General coverage in: Rhode Island South Dakota Vermont Wisconsin* W yoming Massachusetts* Nevada New Hampshire New Mexico Puerto Rico** Alaska Arkansas Connecticut Hawaii Idaho Kentucky •Also under specific coverage for one or more groups. **Puerto Rico wage orders not shown here; to be issued in a special addendum to part ll of tms report. Specific coverage for: Manufacturing in 4 States and District of Columbia: California* District of Columbia North Dakota Oregon* Washington* •Minimum-wage orders for somo branches of manufacturing have also been issued. Branches of manufacturing in 6 States: Canning, freezing, preserving------------------------------------------- California Canning, dehydrating, barreling--------------------- ----------------- Oregon Canning or first processing fresh fruits or vegetables-----------Wisconsin Confectionery New York Food processing Massachusetts Washington Fresh fruit and vegetable packing------------------------------------ Washington Industries handling products after harvest------------------------- California Motion pictures California Needle trades------------------------------------------------------- --------- Massachusetts Preparing poultry, rabbits, or eggs for distribution------------- Oregon Miscellaneous Two States have a specific order for minors. Oregon 26 Washington Current Minimum-Wage Orders A total of 119 orders, currently in effect, were issued in 20 juris dictions from July 1, 1942, to July 1, 1958. The following list shows, by jurisdiction, the occupations and industries for which these orders were issued. Rates and coverage established by these orders are analyzed in part II of this bulletin, issued in loose-leaf form. Arizona Laundry and dry cleaning Retail trades California Manufacturing Personal service Canning, freezing, preserving Professional, technical, clerical and similar occupations Public housekeeping Laundry, linen supply, dry cleaning, and dyeing Mercantile Industries handling farm products after harvest Transportation Amusement and recreation Broadcasting Motion picture Colorado Laundry Retail trade Public housekeeping Beauty service Connecticut Laundry Cleaning and dyeing Mercantile trade Beauty shop District of Columbia Beauty culture Manufacturing and wholesaling Laundry and dry cleaning Clerical and technical Hotel, restaurant and allied in dustries Building service Retail trade Kentucky All industries and occupations Hotel and restaurant ♦Court case pending. Massachusetts Personal services Public housekeeping Clerical, technical and similar occupations Building service Dry cleaning Food processing Needle trade and garment occupations Mercantile Laundry ♦Amusement and recreation Minnesota Laundry and dry cleaning Retail merchandising Amusement ♦Public housekeeping New Hampshire Restaurant Hotel, cabin and tourist home Laundry Beautician Retail trade Dry cleaning New Jersey Beauty culture Restaurant Laundry, cleaning and dyeing Mercantile New York Amusement and recreation Confectionery Building service Counselor staff Retail trade Laundry Cleaning and dyeing Restaurant Beauty service Hotel 27 North Dakota Manufacturing Laundry, cleaning and dyeing Telephone Public housekeeping Mercantile Utah Retail trade Laundry, cleaning, dyeing and pressing Public housekeeping Restaurant Ohio Food and/or lodging Oregon Manufacturing Hospitals, sanitariums, convalescent and old people’s homes Mercantile Preparing poultry, rabbits, fish or eggs for distribution Office Beauty operators and manicurists Canning, dehydrating and barreling Amusement and recreation Personal service Telephone and telegraph Public housekeeping Minors Organized youth camps Laundry, cleaning and dyeing Pennsylvania Restaurant Retail trade ♦♦Puerto Rico Rhode Island Mandatory orders (3 or fewer employees)— Public housekeeping Laundry and dry cleansing Retail trade Restaurant and hotel restaurant Under Ch. 3745 Public Laws 1956 as amended (more than 3 employees)— Restaurant, hotel restaurant and public housekeeping Laundry and dry cleansing Retail trade Vermont Summer camp industry Hotel, motel, tourist place and restaurant industry Washington Office workers Mercantile, wholesale and retail General amusement and recreation Theatrical amusement and recreation Public housekeeping Beauty culture Laundry, dry cleaning and dye works Minors Manufacturing and general working conditions Food processing Fresh fruit and vegetable packing Telephone and telegraph Counselors and leaders occupations in organized seasonal recreational camps Wisconsin Any occupation, trade or industry, except domestic service and agri culture Canning or first processing fresh fruits or vegetables (sets over time rates) Operators in telephone exchanges (sets pay hours) Agriculture; industrialized agriculture Domestic service ••Wage orders for Puerto Rico will be issued in an addendum to part II. Chronological List of Laws and Amendments The following list gives, by year of enactment, the minimum-wage laws and amendments affecting rates and coverage which were adopted from July 1, 1942 to July 1, 1958. The nature of the action taken is noted briefly. 28 Date 1943__ 1944__ 1945 1946--. 1948- _ 1949-.- State Arkansas_______ South Dakota. __ New York-------Hawaii________ Nevada-----------Rhode Island — MassachusettsMassachusetts. . Massachusetts. . New Hampshire. 1951--. Connecticut. 1952__ 1953-.- Minnesota___ Massachusetts. Hawaii---------- Massachusetts - . Nevada_______ New Hampshire. Oregon________ 1954__ Massachusetts-. 1955__ Alaska------------- Hawaii________ 1956__ Idaho_________ Massachusetts -. Nevada_______ New Hampshire. New Mexico----Wyoming--------Massachusetts .. Puerto Rico. Action Hour law amended to permit overtime pay after 8 hours of work. Law amended to increase minimum rates. Law amended to extend coverage to men. Law amended to increase minimum rates, etc. Law amended to increase minimum rates. Law amended to extend coverage to men. Law amended to extend coverage to men. Law amended to change coverage. Law amended to establish statutory rate retaining wage-board procedure. I,aw amended to establish statutory rate, retaining wage-board procedure; and to extend coverage to men. Law amended to establish statutory rate, retaining wage-board procedure, and to broaden coverage. Law amended to change coverage. Law amended to increase statutory rate, etc. Law amended to increase rates and extend coverage to all employees; and to delete the provision authorizing the Department of Labor and Industrial Relations to pro vide for payment of less than the statutory minimum to children 14 years and under. Law amended to delete some exempted oc cupations. Law amended to increase rates, etc. Law amended to increase rates and to change coverage. Law amended to redefine women as females 18 years of age and over, formerly females over 18 years. Law amended to redefine occupations covered. New minimum-wage law enacted establishing a statutory rate and covering all em ployees. Law amended to increase rates and to change coverage. Enacted a minimum-wage law. Law amended to increase rates, etc. Law amended to increase rates, etc. Law amended to increase rates. Enacted a minimum-wage law. Enacted a minimum-wage law. Law amended to automatically raise wageboard rates, to provide that wage boards may recommend overtime rates for hours in excess of 40 a week, and to increase rates, etc. Enacted a new minimum-wage law to establish a statutory rate, with wageboard rates. 29 Date 1956— Stale Rhode Island-------------- 1957— Connecticut---------------Hawaii----------------------Idaho-----------------------Nevada---------------------- New Hampshire---------New Mexico--------------Rhode Island-------------Vermont-------------------- Action Enacted a new minimum-wage law to establish a statutory rate, with wageboard rates; excludes from coverage of act employers of 3 or less employees covered by earlier minimum-wage law'. Law amended to increase rates ana to change coverage. Law amended to increase rates and to provide for payment of overtime rates. Law amended to redefine “wages”, exclusive of tips. Law amended to increase rates and to exempt female agricultural workers, formerly included. Law amended to increase rates. Law amended to increase rate for service workers. Law amended to increase rates and to broaden coverage. Enacted a minimum-wage law. Laws and Orders Not Revised Since July 1, 1942 Seven States have made no change in one or more of their mini mum-wage rates since July 1, 1942. In all, only 11 orders and one statute are involved. (In addition, 13 orders in New Hampshire, Massachusetts, and Rhode Island which apply to manufacturing in dustries or occupations have not been revised but, for the most part, these are covered by provisions of the Federal Fair Labor Standards Act; and all three of these States now have a statutory rate which covers manufacturing.) Arkansas Wage fixed in law (1915) Kentucky Laundry, dry cleaning and dyeing (1942) Minnesota Telegraph (1939) Needlecraft (1939) Any occupation (1938) North Dakota Minors (1939) Ohio Laundry (1935) Cleaning and dyeing (1935) Beauty culture (1941) Pennsylvania Laundry (1941) New Jersey Light manufacturing (1940) Wearing apparel and allied occupa tions (1942) Five States—Illinois, Kansas, Louisiana, Maine, Oklahoma—have minimum-wage laws but no wage orders in effect. 30 ANALYSIS OP STATE MINIMUM-WAGE LAWS Coverage of the law Type of law Administrative authority Occupations or industries ALASKA: Laws of 1955, Ch. 185. L.(Year legislation first enacted: 1939.) ARIZONA: 8 Revised Statutes (1956, with cumulative sup plement, 1957), secs. 23-311 to 23-329. (Year legislation first enacted: 1917.) ARKANSAS: 7 Statutes Annotated (1947 with cumulative supplement, 1955), secs. 81-613 to 81-619. (Year legislation first enacted: 1915.) CALIFORNIA: Labor Code (1955, with cumulative supple ment, 1957), secs. 1171 to 1204. (Year legislation first en acted: 1913.) Procedures in establishing minimum wages by wage order Basis of wage rate Class of employees Enforcement Preliminary procedure procedure for setting wage rates Commerce, or other business or the production of goods or materials, for employers of 4 or more persons, includ ing those employed in bona fide administrative, execu tive, or professional capac ity, or in the capacity of outside salesmen, as defined and delineated by Regula tions of the Administrators of the Federal Fair Labor Standards Act. Exceptions: Persons performing occa sional chores only, baby sitters, part-time work by paper delivery boys, errand boys and such other types of part-time employment of persons, or full-time em ployment of aged or disabled persons as may be first authorized by the Territo rial Labor Commissioner, under work permits. Any employee . Labor Commissioner Authorized to promulgate rules, regulations and orders and establish minimumwage rates in various fields covering persons excepted from the minimum-wage provisions. Minimum wage fixed by law. Any occupation, i. e., any class of work in any indus try, trade, business, or branch thereof. Exceptions: Domestic service in the home of the employer; agri cultural labor. Women; minors (persons of either sex under 21 years of age). Industrial commission. (Com mission composed of 3 members appointed by the governor, with the advice of the senate, for terms of 6 years.) Minimum wage estab lished by wage order. Wage sufficient to meet cost of living necessary for health and fairly and reasonably com mensurate with value of service or class of service rendered. In establishing a minimum fair wage, commission or wage board (1) shall take into account all relevant circumstances affecting the value of the service or class of service rendered; (2) shall be guided by like considerations as would guide a court in a suit for the reasonable value of services rendered; (3) shall consider wages paid in State for like or comparable work by employers voluntarily maintaining mini mum fair wage standards; and (4) shall consider the minimum cost of living. Investigation at discretion of commis sion, or on petition of 20 or more resi dents of the State engaged in any particular occupation, to ascertain whether substantial number of women or minors in that occupation are paid oppressive and unreason able wages, i. e., less than fair and reasonable value of service rendered and less than sufficient to meet mini mum cost of living necessary for health. Investigation conducted by examining books, registers, payrolls, and other records of employers. If convinced of need on basis of in formation in its possession, with or without special investigation, com mission shall appoint a wage board. Commission appoints wage board of 3 representatives each of employers and employees, and 1 industrial commissioner to be designated chair man. After studying evidence and testimony of witnesses board must, within 10 days after its organization, submit a report recommending mini mum fair wage standards. Within 10 days, commission must accept or reject this report. If accepted, com mission issues a directory order. After 60 days, if no appeal has been taken, the order becomes mandatory. Special licenses: Any woman or minor, including a learner or apprentice, whose earn ing capacity is impaired by age or physical or mental deficiency or injury may be granted license authoriz ing a wage less than the minimum for a fixed period. Has power to propose adminis trative regulations as it deems appropriate to com plete wage board report and to safeguard minimum fair wage standards established. Violation of any provi sion of Act a misde meanor, subject to fine. Employer liable to ag grieved employee for the amount of wage underpayment. Manufacturing, mechanical, or mercantile establishment, laundry, express or trans portation company, hotel, restaurant, eating place, bank, building and loan as sociation, insurance com pany, finance or credit busi ness, or by any person, per sons, partnership, or corpo ration whatsoever except those expressly exempted by law. Exceptions: Do mestic, agricultural, or horti cultural employees; and switchboard operators em ployed in a public telephone exchange which has less than 750stations; employees of railroad companies whose hours are regulated by Fed eral laws. Females. Commissioner of labor _ Minimum wage fixed by law.2 Wage adequate to supply neces sary cost of proper living and to maintain health and welfare. Investigation at discretion of commis sioner to determine necessity of rais ing or lowering the minimum wage set by law. Minimum wage set by law but com missioner has power to raise or lower such wage in any occupation, trade, or industry after investigating and holding public hearings. Commissioner has power, after public hearing, to establish regulations for hotels and restaurants provided the wage rate is not lower than will supply the cost of proper living and safeguard health and welfare, and provided also that it shall not exceed the rate established by law. Any occupation, trade, or in dustry. Women; minors (girls under 21, boys under 18 years of age). Industrial welfare commission through division of indus trial relations. (Industrial welfare commission com posed of 5 persons, at least one of whom shall be a woman, appointed by the Governor for terms of 4 years.) Minimum wage es tablished by wage order. Wage adequate to supply neces sary cost of proper living and to maintain health and welfare. Investigation at discretion of com mission to ascertain whether wages paid are inadequate to supply the cost of proper living. Investigation conducted by examining books, papers, payrolls, records, and wit nesses. If convinced of need after investigation, commission shall call a wage board. Commission calls wage board com posed of an equal number of repre sentatives of employers and em ployees in an industry , with a repre sentative of the commission as chair man. After studying the evidence, the board recommends minimumwage standards to the commission, which, after a public hearing, fixes minimum wages and standards for the industry and issues a mandatory order. Special licenses: Any woman physically defective by age or otherwise may be granted license fixing a lower wage. License must be renewed every 6 months. Apprentice or leaner: Special wage for fixed period. 1 Repeals Alaska Compiled Laws, annotated, 1949, sections 43-2-31 to 43-2-37. commissioner given authority to raise or lower wage set by law under certai: certain conditions. Refer to columns on procedures. Procedure for revision At any time after an order has been in effect 1 year, commission may on its own motion, and shall on petition of 20 or more residents of the State engaged in any particular occupa tion, reconsider rates set and recon vene the same wage board or ap point a new one to recommend whether or not rates should be revised. Noncompliance with mandatory order a mis demeanor, punishable by fine or imprison ment or both. Employee may recover back wages, costs, and attorney’s fees. Noncompliance punishabe by fine. At any time after a mandatory order has been issued, commission may on its own motion, or upon petition of employers or employees, recon sider such order. Commission shall proceed in the same manner as pre scribed for an original order. 485240 O—59 Noncompliance a mis demeanor, punishable by fine or imprison ment or both. Employee may recover back wages and costs. (Face p. 31) No. 1 ANALYSIS OF STATE MINIMUM-WAGE LAWS—Continued Coverage of the law Administrative authority State COLORADO: 4 Revised Code 1953 (with cumulative sup plement, 1957), secs. 80-9-1 to 80-9-20. (Year legislation first en acted: 1913.) CONNECTICUT: 2 General Statutes (1949), secs. 3786 to 3796, as amended 1951 Supp. secs. 829b to 839b as amended by Public Act 435, Laws of 1957. (Year legislation first en acted: 1933.) DISTRICT OF COLUM BIA: 2 Code (1951, with cumu lative supplement, 1957), secs. 36-401 to 36-422. (Year legisla tion first enacted: 1918.) HAWAII: 1 Revised Laws, 1955. secs. 94-1 to 94-16, as amended by Laws of 1957, Act 256. (Year legislation first enacted: 1941.) Procedures in establishing minimum wages by wage order Type of law Occupations or industries Class of employees Any occupation i. e., any and every vocation, trade, pur suit or industry. Women; minors (persons of either sex under 18 years of age). Special licenses: In an occupa tion in which only time rates are established, a woman physically defective or crip pled by age or otherwise or less efficient than a woman worker of ordinary ability may be granted license authorizing a wage less than the minimum. Number so licensed must not exceed 1/10 of the total number of workers in an establish ment. Industrial commission. (Com mission composed of 3 mem bers appointed by the Governor, with the consent of the senate, for terms of 6 years. Not more than 1 member may represent em ployees, nor more than 1, employers.) Minimum wage estab lished by wage order. Any industry or occupation. Exceptions: Agriculture; camps or resorts open no more than 6 months of the year; domestic service in or about a private home; bonafide executive, administrative, or professional employees; ac tivities of an educational, charitable, religious, scien tific, historical, or nonprofit organization where the em ployer-employee relation ship does not, in fact, exist or where the services ren dered are on a voluntary basis; public employment; any individual subject to the provisions of the Federal Fair Labor Standards Act. Any individual. Labor commissioner Has authority to make ad ministrative regulations ap propriate to carry out pur pose of the law, to be issued only after consultation with an advisory board and after publication and public hear ing. Advisory board is tri partite in nature and com posed as is a wage board. Has authority to make such administrative regulations as he deems appropriate in connection with recommen dations of wage board. Any occupation, i. e., any business, industry, trade, or branch thereof. Exception: Domestic service. Any trade, business, industry or branch thereof, or group of industries. Exceptions: Employees guaranteed monthly salary of $350; agriculture for any work week in which employer employs less than 20 per sons; domestic employment in or about a private home; employment by brother, sister, brother-in-law, sisterin-law, son, daughter, spouse, parent, or parentin-law; bona fide executive, administrative, supervi sory, or professional work; outside salesmen or collec tors; propagating, catching, taking, harvesting, culti vating, or farming of any kind of fish, shellfish, Crus tacea, sponges, seaweeds, or other aquatic forms of Special licenses: Any person, whose earning capacity is impaired by age or physical or mental deficiency or in jury, may be granted license authorizing a wage less than the minimum for a fixed period. Women; minors (persons of either sex under 18 years of age). Special licenses: In an occupa tion in which only time rates are established, a woman whose earning ca pacity has been impaired by age or otherwise may be granted license authorizing a wage less than the mini mum. Learner or appren tice for fixed period. Men, women, minors Special licenses: Director may provide by special certifi cate for employment of learners, apprentices, or persons whose earning ca pacity is impaired by age or physical or mental defi ciency or injury, at a wage less than minimum for a fixed period. Enforcement Basis of wage rate Preliminary procedure procedure for setting wage rates Procedure for revision Wage sufficient for living wage. Wage fair and reasonable and consistent with maintenance of health and morals, i. e., a wage sufficient to meet minimum standards of living sufficient for the maintenance of women and minors in health and morals and to provide a reasonable sur plus for support during periods of sickness or other emergencies. Investigation at request of not less than 25 persons engaged in occupation, or at discretion of commission if there is reason to believe that substantial number of employees are paid wages inadequate to supply necessary cost of living and maintain health. In vestigation conducted by examining books, payrolls, papers, other rec ords, and witnesses and by public hearings at which employers, em ployees, or other interested persons may testify. If convinced of need commission either fixes minimumwage rates or appoints a wage board. Commission sets minimum wage for occupation and issues mandatory order; or, commission establishes a wage board composed of not more than 3 representatives of employers, an equal number of employees and of the public, and, if it so desires, a representative of the commission. The representatives of the employers and the employees to be elected by their respective groups, so far as practicable, subject to approval by the commission; and at least 1 mem ber of every group to be a woman. Wage board investigates occupation and reports to commission a mini mum wage, which commission may accept or reject. After acceptance and a public hearing, commission issues mandatory order. Whenever a minimum-wage rate has been established in any occupation, commission may, if it deems proper or necessary so to do, upon petition of either employers or employees, reconvene the same wage board, or establish a new one, and any recom mendation made by such board shall be dealt with in the same manner as the original recommendation of a wage board. Noncompliance a misde meanor, punishable by fine or imprison ment or both. Em ployee may recover back wages and costs. Minimum wage fixed by law, with provi sion for issuance of occupational wage orders through wage boards. Wage fairly and reasonably com mensurate with the value of a particular service or class of service rendered. In establish ing minimum fair wage commis sioner and wage board (1) may take into account all relevant circumstances affecting the value of the services rendered, including hours and conditions of employ ment affecting the health, safety, and general well-being of the workers; (2) may be guided by such considerations as would guide a court in a suit for the reasonable value of services ren dered; and (3) may consider the wages, including overtime or premium rates, paid in the State for work of like or com parable character by employers voluntarily maintaining mini mum fair wage standards. Investigation at discretion of commis sioner, or on petition of 50 or more residents of the State, to ascertain whether substantial number of per sons in an occupation are receiving less than a fair wage. Investigation conducted by examining books, registers, payrolls, and other records of employers. If convinced of need commissioner shall appoint a wage board to report on the establish ment of minimum fair wage rates of not less than the rate fixed by the minimum-wage law. Commissioner appoints wage board composed of an equal number of representatives, but not more than 3, of employers and employees, and not more than 3 of the public, 1 of the public group to be designated chairman. After studying evidence and testimony of witnesses, board must, within 60 days of its organiza tion, submit a report, recommend ing minimum fair wage standards. Commissioner, within 15 days must accept or reject this report. If ac cepted, report must be published, and a public hearing held. After final approval of wage-board report, commissioner issues an order defin ing minimum fair wage rates in the occupation, including such adminis trative regulations as he deems ap propriate. At any time after an order has been in effect for 6 months or more, com missioner may, on his own motion, and shall, on petition of 50 or more residents of the State, reconsider rates set therein and reconvene the same wage board or appoint a new one to recommend whether or not the rates should be modified. The procedures shall be the same as pre scribed initially. Administrative regulations may be revised by commissioner, after no tice and public hearing, without reference to a wage board provided such revision could legally have been included in original order. Noncompliance punish able by fine or impris onment or both. Employee may recover back wages, costs, and attorney's fees. Minimum wage and industrial safety board. (Board com posed of 3 members ap pointed by the District com missioners for terms of 3 years, 1 member each to represent employers, em ployees, and the public.) Minimum wage estab lished by wage order. Wage adequate to supply neces sary cost of living to women and to maintain them in health and protect their morals. Wage not unreasonably low for minors. Board appoints wage conference com posed of an equal number of repre sentatives, but not more than 3, of employers, and employees, not more than 3 of the public, and 1 or more members of the board. After in vestigation conference submits a report, recommending minimumwage standards, which board may approve or disapprove. If ap proved, report must be published and public hearing held. After final approval of conference report, board issues mandatory order. Commission of labor and industrial relations through the director of labor and industrial relations. Commission given power to make, issue, amend, and rescind rules and regula tions as are necessary to carry out the provisions of the act. Minimum wage fixed by law. Wages adequate to health, effi ciency and general well-being. Investigation at discretion of board to ascertain whether substantial num ber of women in an occupation are paid wages inadequate to supply the necessary cost of living and maintain health and morals. In vestigation conducted by examining books, registers, payrolls, other records of employers, and witnesses, and by public hearings at which any interested person may testify. If convinced of need, after investi gation, board may convene a con ference. Noncompliance a misde meanor, punishable by fine or imprisonment or both. Employee may recover back wages and at torney’s fees. Noncompliance subject to fine or imprison ment or both. Employee may recover back wages, costs, and attorney's fees; and, in cases of willful viola tion, an additional equal amount as liqui dated damages. > 485240 O—59 (Face p. 31) No. 2 ANALYSIS OF STATE MINIMUM-WAGE LAWS—Continued Coverage of the law Staje Occupations or industries HAWAII—Continued IDAHO: 8 Code (1947 with cumu lative supplement 1957), secs. 44-1501 to 44-1510. (Year legislation first en acted: 1955.) ILLINOIS: Statutes Annotated (Smith-Hurd, 1950, with cumulative sup plement 1957), ch. 48, secs. 198.1 to 198.7. (Year legislation first enacted: 1933.) KANSAS: General Statutes Anno tated (1949) and 1955 Supplement, secs. 44 639 to 44-650, 75-3402. (Year legislation first enacted: 1915.) KENTUCKY: Revised Statutes (1956), secs. 337.010, 337.210 to 337.360, 337.990. (Year legislation first en acted: 1938.) Administrative authority Type of law Procedures in establishing minimum wages by wage order Basis of wage rate Class of employees Enforcement Preliminary procedure Procedure for setting wage rates Procedure for revision animal or vegetable life, including the going to and returning from work and the loading and unloading of such products prior to first processing; seamen; driver of a vehicle carrying pas sengers for hire operated solely on call from a fixed stand; golf caddies; em ployees of nonprofit school during time such individual is a student attending such school; employees affected by the Federal Fair Labor Standards Act; employees of the Territory or any political subdivision there of, or of the United States. Any employment. Excep tions: Bona fide executive administrative or profes sional employees, agricul tural labor (as defined in sec. 72-1304 Idaho Code), domestic work, outside salesmen, or employment by the United States or any State or political sub division of a State or any labor organization (other than when acting as an em ployer) or anyone acting in the capacity of officer or agent of such labor organiza tion. Any occupation, i. e., any industry, trade, or business, or branch thereof or class of work therein. Exceptions: Domestic service in the home of the employer; labor on a farm. Any employee___ __________ Commissioner of labor . _ Minimum wage fixed in law. Department of labor Has authority to make such administrative regulations as it deems appropriate to implement or supplement and safeguard minimum fair wage standards established by wage boards. Minimum wage es tablished by wage order. Special licenses: For any em ployment in which mini mum wage is applicable, Commissioner may issue a special license for employ ment at a lesser wage to any person physically defective by age or otherwise, for a period not to exceed one year and renewable from time to time; an apprentice or learner for the time and under conditions as deter mined. Women; minors (females un der 18 and males under 21 years of age). Special licences: Any woman or minor, including a learner or apprentice, whose earn ing capacity is impaired by age or physical or mental deficiency or injury may be granted license authorizing a wage less than the mini mum for a fixed period. Noncompliance a mis demeanor, punishable oy fine. Employee may recover back wages and an ad ditional amount equal to such wages as liqui dated damages, costs, and attorney's fees. Wage fairly and reasonably commensurate with value of service or class of service ren dered. In establishing fair wage, department and wage board (1) may take into account all relevant circumstances affecting the value of service or class of service rendered; (2) may be guided by like considerations as would guide a court in a suit for the reasonable value of serv ices rendered; and (3) may con sider wage paid in the State for work of like or comparable character by employers volun tarily maintaining minimum fair wage standards. Investigation at discretion of depart ment, or on petition of 50 or more residents of any county, to ascertain whether substantial number of women or minors, in an occupation are paid oppressive and unreason able wages, i. e., less than fair and reasonable value of services ren dered and less than sufficient to meet minimum cost of living necessary for health. Investigation conducted by examining books, registers, pay rolls, and other records of employers. If convinced of need on basis of information in its possession, with or without an investigation, the department through its director shall appoint a wage board. Director appoints wage board com posed of an equal number of repre sentatives, but not more than 2, of employers and employees, and 1 representative of the public to be designated chairman. After study ing evidence and testimony of witnesses, board must, within 60 days of its organization, submit a renort recommending minimum fair w'age standards. Within 10 days, department must accept or reject this report. If accented, re port must be published and public hearing held. After final approval of wage-board report, department issues a directory order. After 9 months, and following a public hearing, department may make this order mandatory. At any time after an order has been in effect 1 year or more, department may on its own motion, and shall, on the petition of 50 or more resi dents of any county, reconsider rates set therein and reconvene the same wage board or appoint a new one to recommend whether rates should be modified. The procedure followed shall be the same as pre scribed initially. Department may at any time and from time to time, after notice and public hearing, make modifications or additions to any administrative regulations without reference to a wage board if such modifications or additions could legally have been included in original order. Publication of names of employers not com plying with directory order. Noncompliance with mandatory order a mis demeanor punishable by fine or imprison ment or both. Employee may recover back wages, costs, and attorney's fees. After notice and hearing, commissioner may issue mandatory order. Whenever wages have been made mandatory in an occupation, upon petition of either employers or em ployees, commissioner may at his discretion reopen the question. Noncompliance a mis demeanor, punishable by fine. Employee may recover back wages, costs, and attorney's fees. At any time the commissioner may, on his own motion, or on petition of 50 or more residents, reconsider rates and reconvene the same wage board or have a new one appointed to recommend whether or not rates should be modified. The procedures followed shall be the same as pre scribed initially. Commissioner may at any time, after notice and public hearing, but with out reference to a wage board, make modifications or additions to any administrative regulations, if they could legally have been included in the original order. Publication of names of employers not comply ing with either di rectory or mandatory order. Noncompliance with mandatory order a mis demeanor, punishable by fine or imprison ment or both. Employee may recover back wages, costs, and attorney’s fees. Any industry or occupation.. Women; minors (females un der 18 and males under 21).a Labor commissioner. Minimum wage estab- Wages reasonable and not detrilLshed by wage order. mental to health and welfare. Investigation at discretion of commis sioner to ascertain whether substan tial number of women and minors in an occuDation are paid wages inadequate to supply the necessary cost of living and maintain health. If convinced of need, after investiga tion, commissioner shall publish notice at public hearing at which all persons will be given a hearing. Any occupation, i. e., any in dustry, trade, or business, or branch thereof or class of work therein. Exceptions: Domestic service in the home of the employer; labor on a farm; person, firm, or corporation subject to reg ulation by the State public service commission. Women; minors (persons of either sex under 21 years of age). Commissioner of industrial re lations. Minimum wage estab lished by wage order. Special licenses: Any woman or minor, including a learner or apprentice, whose earning capacity is impaired by age or physical deficiency or in jury, may be granted license authorizing a wage less than the minimum for a fixed pe riod. Has authority to amend and change administrative regu lations as he deems neces sary or appropriate as a further safeguard to the min imum fair wage standards established by the wage board. Wage fairly and reasonably com mensurate with value of service or class of service rendered. In determining minimum fair wage, commissioner and wage board shall consider the cost of living and all other relevant circum stances affecting the value of the service rendered, and wages paid in State for like or com parable work by employers vol untarily maintaining mini*rum fair wage standards. Investigation by commissioner on petition of 50 or more residents of the State, to ascertain whether substan tial number of women or minors In an occupation are paid oppressive and unreasonable wages, I. e., less than fair and reasonable value of services rendered, and less than suf ficient to meet the minimum cost of living necessary for health. Investi gation conducted by examining books, registers, payrolls, other rec ords of employers, and witnesses. If convinced of need on basis of infor mation in his possession, with or without investigation, commis sioner shall request the Governor to appoint a wage board. 3 Decision of State attorney general Aug. 13, 1938. Governor, at request of commissioner, appoints wage board composed of 9 members, 3 representatives each of employers, employees, and the pub lic, 1 of the public group to be desig nated chairman. After studying evidence and testimony of witnesses board must, within 60 days of its or ganization, submit a report recom mending minimum fair wage stand ards. Within 10 days, commissioner must accept or reject this report. If accepted, report must be published and public hearing held. After final approval of wage-board report, com missioner issues a directory order. After 3 months, and following a public hearing, commissioner may make the order mandatory. 485240 0—5» (Face p. 31) No. 3 ANALYSIS OF STATE MINIMUM-WAGE LAWS—Continued Coverage of the law State Occupations or industries LOUISIANA: 16 Revised Statutes (West’s Statutes An notated, 1950, with cumulative supple ment, 1957), secs. 23:351 to 23:367, 23:291. (Year legislation first en acted: 1938.) MAINE: 1 Revised Statutes (1954, with cumulative sup plement, 1957), ch. 30, secs. 133 to 147. (Year legislation first en acted: 1939.) MASSACHUSETTS: 4B Annotated Laws (1956, with cumulative supplement, 1957), ch. 151, secs. 1 to 22, as amended by Laws of 1958, ch. 27. (Year legislation first enacted: 1912.) MINNESOTA: 13 Statutes Annotated (1945 with cumulative supplement, 1957), secs. 177.01 to 177.19. (Year legislation first enacted: 1913.) Administrative authority Type of law Procedures in establishing minimum wages by wage order Basis of wage rate Enforcement Preliminary procedure Procedure for setting wage rates Procedure for revision Minimum wage estab Wage adequate to supply neces sary cost of living and maintain lished by wage health. order. Investigation at discretion of com missioner to ascertain whether wages paid to female employees in an occu pation are inadequate to supply the necessary cost of living and maintain health. Investigation conducted by calling for statements and ex amining books, payrolls, other rec ords of employers, and witnesses; and by holding public hearings at which employers, employees, and other interested persons may testify. If convinced of need, after investi gation, commissioner is empowered to call a conference. Commissioner calls conference com posed of an equal number of repre sentatives of employers and employ ees in the occupation or industry in volved and 1 or more representatives of the public, 1 of the public group to be designated chairman, but public representatives must not exceed the number in either of the other groups. After studying evidence and testi mony of witnesses, conference, on request of commissioner, must within 60 days of its organization submit a report recommending minimumwage standards. Commissioner may accept or reject any or all of the rec ommendations. If accepted, public hearing must be held. After final approval of conference report, com missioner issues a mandatory order. When commissioner specifies a mini mum wage hereunder, it shall not be changed for I year. Whenever wages have been made mandatory In an occupation, upon petition of either employers or employees, com missioner may at his discretion re open the question and recon venue the former conference or call a new one. The procedures foliowe d shall be the same as prescribed initially. Class of employees Any occupation or industry. Exceptions: Labor on a farm; domestic service; munici palities having population of 10,000 or less; females employed in an executive capacity, as defined. Women and girls. Commissioner of labor. Special licenses: Any woman or girl physically defective or crippled by age or other wise, or any apprentice, may be granted license authoriz ing a wage less than mini mum. Apprentice license is issued for a fixed period. Has authority to make such administrative regulations as he deems necessary or ap propriate to safeguard the minimum usage (sic) stand ards and to carry out the act. Packing fish or fish products in oil, mustard, or tomato sauce. Women; minors (persons of either sex under 21 years of age). Commissioner of labor and industry. Minimum wage estab Wage fairly and reasonably com mensurate with value of service lished by wage order. or class of service rendered. In establishing a minimum fair wage, commissioner and wage board shall (1) take into account all relevant circumstances affect ing the value of the service or class of service rendered in the seasonal industry, business, oc cupation, and employment; (2) be guided by like consideration as would guide a court in a suit for the reasonable value of serv ices; and (3) consider the wage paid in the State for work of like or comparable character by em ployers voluntarily maintaining minimum fair wage standards. Investigation at discretion of commis sioner or on petition of 50 er more residents of State to ascertain whether a substantial number of women or minors in the industry are paid less than a fair wage or oppressive and unreasonable wages, i. e., less than fair and reasonable value of services rendered and less than sufficient to meet minimum cost of living necessary for health. Investigation conducted by examin ing books, registers, payrolls, and other records of employers. If con vinced of need, after investigation, commissioner shall appoint a wage board. Wage board shall be composed of an equal number of representatives but not more than 3 each of employers and employees to be appointed by commissioner; and not more than 3 representatives of the public (1 to be chairman) to be appointed, at re quest of the commissioner, by the chief justice of the State supreme j udicial court. Within 60 days board must hold public hearing and sub mit report of its findings as to the conditions in the industry and as to minimum fair wage standards. Re port and determinations of wage board must be filed with commis sioner, who, within 10 days, shall send certified copy to each employer. Within 5 days commissioner must file report, findings, and determina tions of wage board as a public rec ord after which the mini mum-wage rate becomes effective. Minimum-wage commission established in the depart ment of labor and industries under control of commis sioner of labor and indus tries. (Commission com posed of associate commis sioners of labor and indus tries.) Minimum wage fixed by law, with provi sions for issuance of occupational wage orders through wage boards. Wage fairly and reasonably com mensurate with value of service or class of service rendered. In establishing a minimum fair wage for any service or class of service, commissioner and the wage board (1) may take into account the cost of living and all other relevant circumstances affecting the value of the service or class of service rendered; (2) may be guided by like considera tions as would guide a court in a suit for the reasonable value of services rendered; and (3) may consider the wages paid in the Commonwealth for work of like or comparable character by employers who voluntarily maintain minimum fair wage standards. Investigation at discretion of com missioner, or on petition of 50 or more residents of the Common wealth, to ascertain whether sub stantial number of persons in an occupation are paid oppressive and unreasonable wages, i. e., less than fair and reasonable value of services rendered and less than sufficient to meet minimum cost of living neces sary for health. Investigation con ducted by examining books, regis ters, payrolls, and other records of employers. Questioning employees during working hours permitted. If convinced of need, on basis of information in his possession, with or without investigation, commis sioner shall direct commission to appoint a wage board. Commission appoints a wage board composed of equal number of repre sentatives, but not more than 3, of employers and employees, and not more than 3 representatives of the public, 1 of the public group to be designated as chairman. After studying evidence and testimony of witnesses, board must, within 90 days of its organization, submit a report recommending minimum fair wage standards, which may include overtime rates for hours worked over 40 a week. Within 10 days, commission must accept or reject this report. If accepted, report must be published and public hearing held. After final approval of wage-board report, commissioner issues a mandatory order. At any time after an order has been in effect 1 year or more, commis sioner may on his own motion, and shall on petition of 50 or more citi zens of the Commonwealth, recon sider rates established and direct commission to reconvene the same wage board or call a new one to consider modification. The pro cedures followed shall be the same as prescribed initially. At any time and from time to time, after notice and public hearing, commission may, without reference to a wage board, make such modifications or additions to administrative regula tions as it deems appropriate to effectuate the purposes of the act, provided such modifications or ad ditions could legally have been included in the original order. Commissioner is required to see that every wage order is periodically re viewed by a wage board at least once in every 2 years. Publication of names of employers not comply ing with mandatory order. Noncompliance with man datory order punishable by fine or imprisonment or both. Employee may recover back wages, costs, and attorney's fees. Minimum wage es tablished by wage order. Wage sufficient to maintain health and supply necessary comforts and conditions of reasonable life. In determin ing minimum wages, which are required to be on an hourly basis, commission shall consider prevailing number of hours of work in various industries. Investigation at discretion of commis sion, or on request of at least 100 persons engaged in occupation, to ascertain whether women or minors are paid less than living wage. In vestigation conducted by examining papers, books, witnesses, or by hold ing public hearings at which em ployers, employees, or other inter ested persons may testify. If con vinced of need, after investigation, commission appoints an advisory board to make recommendations concerning minimum wages. Advisory board is composed of not less than 3 or more than 10 representa tives of employers, an equal number of representatives of employees, and 1 or more of the public, the repre sentatives of the public not to exceed the number in either of the other groups. At least of the members of the board must be women and the public group must include at least 1 woman. Recommendations of ad visory board are advisory only and not binding upon the commission. After obtaining recommendations of All wage rates ordered by the commis sion shall remain in force until new rates are determined. At the re quest of approximately Mo of the employers or employees in an occu pation, commission must reconsider rates and may order new rates. Reconsideration of rates and a new order may be made on commission’s own initiative. Noncompliance a mis demeanor, punishable by fine or imprison ment. Employee may recover back wages, costs, and attorney’s fees. Special licenses: Rates below those for experienced workers may be set for learners and apprentices. Any occupation, i. e., any industry, trade, or business, or branch thereof or class of work therein whether op erated for profit or other wise. Exceptions: Domestic service in the home of the employer; labor on a farm; the growing and harvesting of agricultural, floricultural, and horticultural commodi ties; work by persons being rehabilitated or trained un der rehabilitation or training programs in charitable, edu cational, or religious insti tutions; or work by mem bers of religious orders; outside salesmen. Any person Any occupation, i. e., any business, industry, trade, or branch of trade, or vocation. Exceptions: Domestic serv ice in a private home; agri culture. Women; minors (persons of either sex under 21 years of age). Special certificates: Employer of any learner, or any em ployee under an approved apprentice training program, or an employee whose earn ing capacity is impaired by age or physical or mental deficiency or injury may be issued a special certificate authorizing employment at a wage less than the mini mum and for a period of time, both to be fixed by the commission. Special licenses: In an occupa tion in which only time rates are established, a woman physically defective may be granted license au thorizing a wage less than the minimum. Number so licensed must not exceed Mo of the total number of workers in an establishment. Commission has authority to amend, rescind, and add to the administrative regula tions recommended by a wage board. Industrial commission. (Commission composed of 3 members appointed by governor, by and with the advice and consent of the senate, for terms of 6 years. ) Noncompliance a mis demeanor, punishable by fine. Employee may recover back wages, costs, and attorney’s fees. Publication of names of employers not comply ing with order. If employer has failed for a period of 2 months to pay minimum fair wage rates, commissioner may institute court action to enforce. Penalty: Fine, imprisonment, or both. Employee may recover back wages, costs, and attorney’s fees. 485240 O—59 (Face p. 31) No. 4 ANALYSIS OF STATE MINIMUM-WAGE LAWS—Continued Coverage of the law Occupations or industries Administrative authority Type of law Procedures in establishing minimum wages by wage order Basis of wage rate Class of employees Enforcement Preliminary procedure MINNESOTA—Con. NEW HAMPSHIRE:4 (a) 3 Revised Statutes Annotated 1955 (with cumulative supple ment, 1957), secs. 279.1 to 279.20; 279.27 to 279.30. (b) 3 Revised Statutes Annotated 1955 (with cumulative Supplement, 1957), secs. 279.21 to 279.26. (Year legislation first en acted: 1933.) NEW JERSEY: 34 Statutes Annotated (1937, with cumulative supplement, 1957), secs. 34-11-36 to 34-11-66. (Year legislation first en acted: 1933.) Private employment. Ex ceptions: Agricultural labor; domestic service; State, county, city, or town em ployees. Any female Labor commissioner. Minimum wage fixed by law. Wage sufficient to health and welfare. Any occupation, i. e., any industry, trade, or business, or branch thereof or class of work therein. Exceptions: Domestic service in the home of the employer; labor on a farm. Women; minors (persons of either sex under 21 years of age). Labor commissioner Has authority to make admin istrative regulations as he deems appropriate to imple ment and safeguard mini mum fair wage standards established by wage board. Minimum wage es tablished by wage order. Wage fairly and reasonably com mensurate with value of service or class of service rendered. In establishing a minimum fair wage for any service or class of service, commissioner and wage board (1) may take into account all relevant circumstances affect ing the value of the service or class of service rendered; (2) may be guided by like considerations as would guide a court in a suit for the reasonable value of serv ices; and (3) may consider the wages paid in the State for work of like or comparable character by employers who voluntarily maintain minimum fair wage standards. Labor commissioner Has authority to readjust minimum wage for women and minors as necessary in view of statutory rates herein established. Minimum wage fixed by law, subject to modification by wage board action. Commissioner of labor or the director of the minimumwage division which shall be set up in the department of labor. Commissioner has authority to make such administra tive regulations as he deems appropriate to supplement and safeguard wage stand ards established by wage board. M inimum wage estab lished by wage or der. Special licenses: Any woman or minor, including a learner or apprentice, whose earn ing capacity is impaired by age or physical or mental deficiency or injury may be granted license authorizing a wage less than the mini mum for a fixed period. Any occupation, i. e., any industry, trade, or business, or branch thereof or class of work therein. Exceptions: Household labor; domestic labor; farm labor; outside salesmen; summer camps for minors; restaurants, ho tels, inns, and cabins; news boys and golf caddies; non profit hospitals and homes for the aged, except laundry employees, nurse aides and practical nurses; and em ployees subject to provisions of the FLSA of 1938 as amended. Any employee Occupation, i. c., any indus try, trade, or business, or branch thereof or class of work therein. Exceptions: Domestic service in the home of the employer; labor on a farm; hotels. Women; minors (persons of ei ther sex under 21 years of age). Special authorization: Any per son with less than 6 months experience in an occupation or whose earning capacity is impaired by age or physical or mental deficiency or in jury, and those 19 years of age and under or 65 years and over may be paid less than the wage fixed by law (but not less than 75 cents per hour) upon application to and authorization from the commissioner. Special licenses: Any woman or minor, including a learner or apprentice, whose earning capacity is impaired by age or physical or mental defi ciency or injury may be granted license authorizing a wage less than the mini mum for a fixed period. Procedure for revision advisory board and giving notice to interested persons to permit partici pation at public hearing, commis sion sets a minimum wage and issues a mandatory order. Any woman or minor earner, apprentice or handicapped person unable to cam the established minimum, shall be granted a license to work for a wage commensurate with his or her ability. NEVADA: 5 Revised Statutes (1957), secs. 609.01 to 609.180. (Year legislation first enacted: 1937.) Procedure for setting wage rates * In 1949 New Hampshire amended its law by adding new sections to provide a statutory rate applicable to all employees. maintain Wage fairly and reasonably com mensurate with value of service or class of service rendered. In establishing a minimum fair wage, commissioner and wage board (1) may consider all rele vant circumstances affecting the value of the service or class of service rendered; (2) may con sider the wages paid in the State for work of like or comparable character by employers who vol untarily maintain minimum fair wage standards; and (3) may be guided by like considerations as would guide a court in a suit for the reasonable value of serv ices rendered. Noncompliance a mis demeanor, punishable by fine or imprison ment or both. Employee may recover back wages. Investigation at discretion of com missioner, or on petition of 50 or more residents of the State, to ascer tain whether substantial number of women or minors in an occupation are paid oppressive and unreason able wages, i. e., less than fair and reasonable value for service rendered and less than sufficient to meet the minimum cost of living necessary for health. Investigation conducted by examining books, registers, pay rolls, and other records of employers. If convinced of need on basis of infor mation in his possession, with or without investigation, commissioner shall appoint a wage board. Investigation at discretion of commis sioner or on petition of 50 or more res idents of the State, to ascertain whether substantial number of women or minors in an occupation are paid oppressive and unreason able wages, i. e., less than fair and reasonable value of services rendered and less than sufficient to meet the minimum cost of living necessary for health. Investigation conducted by examining books, registers, payrolls, and other records of employers. If convinced of need on basis of infor mation acquired by special investi gation or otherwise, commissioner shall appoint a wage board. Commissioner appoints wage board composed of an equal number of representatives, but not more than 3, of employers, and employees, and not more than 3 representatives of the public, 1 of the public group to be designated chairman. After studying evidence and testimony of witnesses board must, within 60 days of its organization, submit a report recommending minimum fair wage standards. Within 10 days commissioner must accept or reject this report. If accepted, report must be published and public hearing held. After final approval of wage-board report, commissioner issues a directory order. After 5 months and following a public hearing, commissioner may make the order mandatory. At any time after an order has been in effect for 1 year or more, commis sioner may on his own motion, and shall on petition of 50 or more resi dents, reconsider rates set therein and reconvene the same wage board, or appoint a new one, to recommend whether or not rates should be modi fied. The procedures followed to be as prescribed for setting rates initially. At any time and from time to time, after notice and public hearing, commissioner may make such modi fications or additions to adminis trative regulations as he deems ap propriate, without reference to a wage board, provided such modifi cations or additions could legally have been included in the original order. Commissioner may on his own motion, and shall on petition of 50 or more residents, reconsider rates estab lished in the statute and appoint a wage board to consider a proposed modification for any occupation. Publication of names of employers not comply ing with directory or der. Noncompliance with mandatory order pun ishable by fine or im prisonment or both. Employee may recover back wages, costs, and attorney’s fees. Employee may recover unpaid wages and an additional equal amount as liquidated damages. Commissioner appoints wage board composed of an equal number of rep resentatives, but not more than 3, of employers and employees, and not more than 3 representatives of the public, 1 of the public group to be designated chairman. After studying evidence and testimony of witnesses board must, within 60 days of its organization, submit a report recommending minimum fair wage standards. Within 10 days, commissioner must accept or reject this report. If accepted, report must be published and public hear ing held. After final approval of wage-board report, commissioner is sues a mandatory order. At any time after an order has been in Noncompliance a misde effect 1 year or more, commissioner meanor, punishable by may on his own motion, after con fine or imprisonment ferring with the director, and shall or both. on petition of 50 or more residents, Employees may recover reconsider rates established and re back wages, costs, and attorney’s fees. convene the same wage board, or ap point a new one to recommend whether or not rates shall be modified. The procedures followed to be as prescribed for setting rates initially. Commissioner may, at any time and from time to time, after conference with director, and after notice and public hearing, make such modifica tions or additions to administrative regulations as he deems appropriate, without reference to a wage board, provided such modifications or addi tions could legally have been in cluded in the original order. Since the earlier provisions remain applicable only to women and minors, this analysis is arranged in two parts (a) provisions relating to women and minors; (b) provisions relating to all employees. 485240 O—59 (Face p. 31) No. 5 ANALYSIS OF STATE MINIMUM-WAGE LAWS—Continued Procedures in establishing minimum wages by wage order Coverage of the law Administrative authority State Occupations or industries NEW MEXICO: 9 Statutes, 1953 (with cumulative supple ment, 1957), secs. 59-3-20 to 59-3-27. (Year legislation first enacted: 1955.) NEW YORK: 30 Consolidated Laws Annotated (McKin ney Labor Law, 1948, with cumulative sup plement, 1957) secs. 650 to 666. (Year legislation first enacted: 1933.) NORTH DAKOTA: 4 Revised Code (1943), secs. 34-0601 to 34-0620. (Year legislation first enacted: 1919.) Type of law Basis of wage rate Class of employees Any employment by em ployers of 4 or more persons. Exceptions: Employment in agriculture; domestic serv ice in or about a private home; a bona fide executive, administrative, or profes sional capacity; and as fore men, superintendents, and supervisors; by the United States, or by the State or any political subdivision thereof; in the activities of an educational, charitable, religious, or nonprofit organ ization where the employeremployee relationship does not, in fact, exist or where the services rendered to such organizations are on a volun tary basis; and salesmen or employees compensated on piecework, flat-rate sched ules or commission basis; students regularly enrolled in primary and secondary schools, working after school hours or on vacation; ap prentices and learners other wise provided by law; in experienced workers who have worked less than 3 months for any one emloyer; persons employed y hospitals, mortuaries, and ambulance services; Q. I. bill trainees while under training. All employees. Any occupation, i. e., any industry, trade, business, or class of work. Excep tions: Domestic service in the home of the employer; labor on a farm. Women; minors (persons of either sex under 21 years of age); men.® Any occupation, i.e., any business, industry, trade, or branch thereof. Exceptions: Agriculture; domestic serv ice. Women; minors (persons of either sex under 18 years of age). Special licenses: Any woman or minor, including a learner or apprentice, whose earn ing capacity is impaired by age or physical or mental deficiency or injury, may be granted license authorizing a wage less than the mini mum for a fixed period. Special licenses: Any female physically defective by age or otherwise, or any appren tice or learner, may be granted license authorizing a wage less than the mini mum. ® Supplementary protection, coverage of men, was added to the law in 1944. Enforcement Preliminary procedure Procedure for setting wage rates Minimum wage fixed by law. A wage for all workers at levels consistent with their health, efficiency, and general well being. Industrial commissioner Has the authority to modify and amend regulations re commended by wage board. Minimum wage estab lished by wage order. Wages sufficient to provide ade quate maintenance and to protect health. In establishing minimum wage, commissioner and wage board (1) may take into account the amount suffi cient to provide adequate main tenance and to protect health; (2) may take into account the value of the service or class of service rendered; and (3) may consider wages paid in the State for like or comparable work. Investigation at discretion of com missioner, or on petition of 50 or more residents of the State engaged in or affected by an occupation, to ascertain whether substantial num ber of women or minors in the occupation are paid wages insuffi cient to provide adequate main tenance and to protect health. In vestigation conducted by examining books, registers, payrolls, and other records of employers. If convinced of need on basis of information in his possession, with or without investigation, commissioner shall appoint a wage board. Commissioner appoints wage board composed of an equal number of representatives, but not more than 3, of employers and employees, and not more than 3 representatives of the public, 1 of the public group to be designated chairman. (A wage board continues in existence for a period of 2 years following its forma tion, unless sooner dissolved by the commissioner.) After studying evi dence and testimony of witnesses, and conducting public hearings, board must, within 90 days of its organization (commissioner in his discretion may extend to 180 days), submit a report recommending minimum-wage standards. Com missioner holds public hearings on wage board's report and recom mendations. Within 30 days after such hearings, commissioner must accept or reject, either in whole or in part. If accepted, commissioner issues a mandatory order. Commissioner of agriculture and labor. Minimum wage es tablished by wage order. Wage adequate to supply neces sary cost of living to women workers and to maintain them in good health. Wage not un reasonably low for minors. Investigation at discretion of commis sioner to ascertain whether sub stantial number of women in an occupation are paid wages inade quate to supply necessary cost of living and maintain health. In vestigation conducted by examining books, payrolls, other records, and witnesses, and by holding public hearings at which any interested persons may testify. If convinced of need, after investigation, com missioner may convene a conference. Commissioner appoints conference composed of an equal number of representatives, but not more than 3, of employers and employees, and not more than 3 representatives of the public, and the commissioner. After studying evidence and testi mony of witnesses, conference sub mits a report recommending mini mum-wage standards. Commis sioner must accept or reject this report. If accepted, notice must be published and public hearing held. After final approval, commissioner issues a mandatory order. Minimum-wage standards for minors are determined by commissioner after inquiry, notice, and public hearing, but without reference to a wage board. Wage orders are issued for women and minors and by application of law apply also to men. Procedure for revision Noncompliance a mis demeanor, punishable by fine, imprisonment, or both. Employee may recover back wages, and addi tional equal amount in liquidated damages, costs, and attorney’s fees. At any time after an order has been in effect 6 months or more, commis sioner may, on his own motion or on petition of 50 or more residents engaged in or affected by the occupa tion, reconsider rates set therein and reconvene the same wage board or appoint a new one to recommend whether or not rates should be modified. The procedures followed shall be the same as prescribed for an original order. After notice and public hearing, com missioner may from time to time make such modifications or addi tions to regulations included in a minimum-wage order as he deems appropriate, without reference to a wage board, if such modifications or additions could legally have been included in original order. Publication of names of employers not com plying with any mini mum-wage order. Noncompliance with minimum-wage order a misdemeanor, pun ishable by fine or imprisonment or both. Employee may recover back wages, costs, and attorney's fees. Noncompliance a mis demeanor, punishable by fine or imprison ment, or both. Employee may recover back wages and at torney’s fees. 485240 0—59 (Face p. 31) No. 6 ANALYSIS OF STATE MINIMUM-WAGE LAWS—Continued Coverage of the law Administrative authority State OHIO: Page’s Revised Code Annotated (1953, with cumulative supplement 1957), title 41, secs. 4111.01 to 4111.99. (Year legislation first enacted: 1933.) Occupations or industries Class of employees Any occupation, i.e., any in dustry, trade, or business, or branch thereof or class of work therein. Exceptions: Domestic service in the home of the employer; labor on a farm. Women; minors (persons of either sex under 21 years of age). Suecial licenses: Any woman or minor including a learner or apprentice, whose earning capacity is impaired by age or physical or mental de ficiency or injury may be granted license authorizing a wage less than the mini mum for a fixed period. OKLAHOMA: Statutes Annotated (1951 with cumulative sup plement, 1957), title 40, secs. 261 to 284. (Year legislation first en acted: 1937.) Any industry or occupation. Exceptions: Agriculture, hor ticulture, dairy, or stock raising. Women;6 OREGON: 5 Revised Statutes (1957), secs. 653.110 to 653.250, 653.265. (Year legislation first enacted: 1913.) Any occupation, i. e., any and every vocation, pursuit, trade, or industry. Women; minors (persons of either sex under 18 years of age). PENNSYLVANIA: Statutes Annotated (Purdon, 1952, with cumu lative supplement, 1957), title 43, secs. 331a to 331q. (Year legislation first enacted: 1937.) Special licenses: Any employee physically defective or crippled by age or otherwise or any appren tice may be granted license authorizing a wage less than the minimum for a fixed period. Special licenses: In an occupa tion in which only time rates are established, a woman physically defective or crippled by age or other wise may be granted license authorizing a wage less than the minimum. Any occupation, i. e., any industry, trade, business, or class of work. Excep tions: Domestic service in the home of the employer; service in a religious com munity or charitable insti tution; labor on a farm; boys lawfully employed in sale and delivery of newspapers and magazines; persons sub ject to provisions of Federal Railway Labor Act. Women; minors (persons of either sex under 21 years of age). Special licenses: Any woman or minor, including a learner or apprentice, whose earn ing capacity is impaired by age or physical or mental deficiency or injury, may be granted license authorizing a wage less than the mini mum for a fixed period. Director of industrial rela tions or superintendent of minimum-wage division which shall be set up in the department of industrial re lations. Type of law Procedures in establishing minimum wages by wage order Basis of wage rate Enforcement Preliminary procedure Procedure for setting wage rates Procedure for revision Minimum wage es tablished by wage order. Wage fairly and reasonably com mensurate with value of service or class of service rendered. In establishing a minimum fanwage, director, superintendent, or wage board (1) may take into account all relevant circumstastances affecting the value of the service or class of service ren dered; (2) may be guided by like considerations as would guide a court in a suit for rea sonable value of services ren dered! and (3) may consider wages paid in State for like or comparable work by employers voluntarily maintaining mini mum fair wage standards. Investigation at discretion of director, or on petition of 50 or more residents of the State, to ascertain whether substantial number of women or minors in an occupation are paid oppressive and unreasonable wages, i.e., less than fair and reasonable value of services rendered and less than sufficient to meet minimum cost of living necessary for health. Investigation conducted by examin ing books, registers, payrolls, and other records of employers. If con vinced of need on basis of informa tion in his possession, with or with out investigation, director shall ap point a wage board. Director appoints wage board com posed of an equal number of repre sentatives, but not more than 3, of employers and employees, and not more than 3 representatives of the public, one of the public group to be designated chairman. After study ing evidence and testimony of wit nesses board must, within 60 days of its organization, submit a report recommending minimum fair wage standards. Within 10 days director must accept or reject this report. If accepted, report must be published and public hearing held. After final approval of wage-board report, di rector issues a directory order. After 3 months and following a public hearing, director may make the order mandatory. At any time after an order has been in effect 1 year, director may on his own motion, and shall on petition of 50 or more residents, reconsider rates set therein and reconvene the same wrage board or appoint a new one to recommend whether rates should be modified. The procedures followed shall be the same as prescribed initially. Director may at any time and from time to time, after notice and public hearing, make such modifications or additions to any administrative regulations as he deems appropriate to effectuate the purposes of this act, provided such modifications or ad ditions could legally have been in cluded in the original order. Publication of names of employers not comply ing with directory order. Noncompliance with mandatory order a misdemeanor, punish able by fine or im prisonment or both. Employee may recover back wages, costs, and attorney’s fees. Industrial welfare commis sion.7 (Commission com posed of governor, commis sioner of labor, and chair man of State industrial com mission.) Minimum wage estab lished by wage order. Wage adequate to supply neces sary cost of living and to main tain health. Suitable wage for minors. Investigation at discretion of commis sion to determine whether wages paid employees in an occupation are inadequate to supply necessary cost of living and maintain health. Investigation conducted by calling for statements, examining books, payrolls, or other records of em ployers, and by holding public hearings at which any interested persons may testify. If convinced of need, after investigation, commis sion is empowered to call a con ference. Commission appoints conference com When commission has specified a posed of an equal number of repre minimum wage, it shall not be sentatives of employers and em changed for 1 year. Whenever ployees, and 1 or more representa wages or standard conditions of tives of the public (but public labor have been made mandatory representatives must not exceed the in any occupation, on petition of number in either of the groups), and employers or employees, commis a member of the commission who sion may at its discretion reopen the shall act as chairman. Conference question and reconvene the former recommends minimum-wage stand conference or call a new one. Recards, any or all of which commission I ommendations of such conference may accept or reject. If accepted, shall be dealt with as prescribed commission issues a mandatory initially. order. Noncompliance a mis demeanor, punishable by fine. Employee may recover back wages, costs, and attorney’s fees. Wage and hour commission. (Commission composed of 3 unsalaried members ap pointed by the governor for terms of 4 years; commis sioner of labor is to serve as secretary and executive offi cer.) Minimum wage estab lished by wage or der. Wage adequate to supply neces sary cost of living to women workers and to maintain health. Wage not unreasonably lowr for minors. Investigation at discretion of commis sion to ascertain whether substan tial number of women are paid wages inadequate to supply the necessary cost of living and main tain health. Investigation con ducted by examining witnesses, books, payrolls, and other records of employers, and by holding public hearings at which interested persons may testify. If convinced of need, after investigation, commission may convene a conference. Commission appoints conference com posed of an equal number of repre sentatives, but not more than 3, of employers and employees, not more than 3 representatives of the public, and 1 or mere commissioners. Commission shall designate the chairman. After studying evidence and testimony of witnesses, confer ence must submit a report recom mending minimum-wage standards. Commission may accept or reject any or all of the recommendations. If accepted, notice must be pub lished and public hearing held. After final approval, commission issues a mandatory order. Minimum-wage standards for minors are determined by commission after inquiry, notice, and public hearing, but without reference to a wage board. Noncompliance a mis demeanor, punishable by fine or imprison ment or both. Women employees may recover back wages and attorney’s fees. Department of labor and in dustry. Has authority to modify and amend regulations recom mended by wage board. Minimum wage estab lished by wage or der. Wage fairly and reasonably com mensurate with value of service or class of service rendered. In establishing a minimum fair wage for any service or class of service, the secretary of labor and industry and the wage board (1) may take into account the cost of living, and all other relevant circumstances affecting the value of service or class of service; (2) may be guided by like considerations as would guide a court in a suit for the reasonable value of services ren dered; and (3) may consider the wages paid in the Common wealth for work of like or com parable character by employers who voluntarily maintain mini mum fair wage standards. Investigation at discretion of depart ment, or on petition of 50 or more residents of the State, to ascertain whether substantial number of women or minors in an occupation are paid wages less than sufficient to maintain health or efficiency. Investigation conducted by exam ining books, registers, payrolls, and other records of employers. If con vinced of need on basis of informa tion in possession of department, writh or without investigation, secre tary of labor and industry shall appoint a wage board. Secretary appoints wage board com posed of an equal number of repre sentatives, but not more than 3, of employers, employees, and the pub lic, 1 of the public group to be desig nated chairman. After studying evidence and testimony of wit nesses, board must, within 60 days of its organization, submit a report recommending minimum fair wage standards. Within 10 days, depart ment must accept or reject this report. If accepted, report must be published and public hearing held. After final approval of wrage-board report, department issues a direc tory order. After 3 months, and following a public hearing, department may make the order mandatory. Director has authority to make such administrative regula tions as he deems appropri ate to implement and safe guard minimum fair wage standards established by the wage board. At any time after an order has been in effect 1 year or more, department may on its own motion, and shall on petition of 50 or more residents, reconsider rates set therein and reconvene the same wage board or appoint a new one to recommend whether or not rates should be modi fied. The procedures followed shall be the same as prescribed initially. After notice and public hearing, de department may from time to time make such modifications or addi tions to regulations as may be deemed appropriate to effectuate the purpose of this act, without refer ence to a wage board, provided such modifications or additions are rea sonable and could legally have been included in the original order. Publication of names of employers not comply ing with directory or mandatory order. Noncompliance with mandatory order a mis demeanor, punishable by fine or imprison ment or both. Employee may recover back wages, costs, and attorney’s fees. J The la,w originally covered men, women, but was held for men and minors because of a defect in thc the tItle title of nf the the att’ act ’ According to a letter of April 28, 1949, fromand theminors, State Department of invalid Labor, the Industrial"""'~ ct ,n Welfare Commission “is not in operation and will not be until such time as our State Legislature decides to amend the Minimum-WTage Law and place it in operation.’ 485240 O—59 (Face p. 31) No. 7 ANALYSIS OF STATE MINIMUM-WAGE LAWS—Continued Coverage of the law Administrative authority State PUERTO RICO: Laws Annotated (1955, with cumulative sup plement, 1957), title 29, secs. 245a to 246m.8 (Year legislation first enacted: 1919.) RHODE ISLAND:0 (a) General Laws, 1956, secs. 43-4-15 (18). Occupations or industries Class of employees All employment. Exceptions: Domestic service in a family residence, except chauffeurs; emj loyment by the Govern ments of the United States, of Puerto Rico (with the exception of those agencies or instrumentalities which operate as private businesses or enterprises), or of the Capital or by municipal governments; managers, executives or professionals. All employees. Special Per mit: Secretary of Labor may issue a special permit to apprentice or handi capped worker for employ ment at minimum rate not less than 50 percent of the fixed minimum. Minimum-Wage Board in the Department of Labor. (Board composed of 3 mem bers appointed by the Gov ernor with the advice and consent of the Senate for a term of 4 years.) Has authority to: (1) Study the labor conditions which prevail in the different in dustries; (2) issue regulations and to exercise other powers necessary to accomplish the purposes of the Act; (3) ap point a Minimum Wage Committee when necessary to fix or revise the rates in an industry; and (4) regulate homework. Any industry, trade or busi ness, or branch thereof or class of work therein. Ex ceptions: Domestic service in the home of the employer; labor on a farm. Women; minors (persons of either sex under 21 years of age); men. Director of labor and commis sioner appointed as chief of division of women and chil dren. Director has authority to make such administrative regulations as he deems ap propriate to implement and safeguard the minimum fair wage standards established by the wage board. Special licenses: Any woman or minor, including a learner or apprentice, whose earn ing capacity is impaired by age or physical or mental deficiency or injury may be granted license authorizing a wage less than the mini mum for a fixed period. Type of law Procedures in establishing minimum wages by wage order Basis of wage rate Enforcement Preliminary procedure Procedure for setting wage rates Procedure for revision Statutory rates vary ing with industry classification. Highest minimum wages that can be paid by the industry con cerned without substantially curtailing employment and tak ing into consideration the cost of living and the needs of the em ployees as well as the economic and competitive condition of the industry in question. In investigating labor conditions in an industry, board authorized to subpoena witnesses and to examine payrolls, records of wages and hours of work, pay lists, assets, and lia bilities statements, profit and loss statements, and accounting books. When necessary to fix or revise mini mum wages for an industry, board authorized to call a public hearing before the pertinent committee with at least 10 days' notice by the Chair man of the Board in a newspaper of general circulation. All surveys, reports, statistics, and any other pertinent data or information shall be furnished the committee by the board. Minimum-Wage Committee must be composed of an equal number of persons representing the public in terest, employers, and employees in the industry concerned. In case of industries covered by the Federal Fair Labor Standards Act of 1938 as amended, Chairman of the Board may designate as members of the committee residents of any State of the United States or of the District of Columbia. The number of rep resentatives, of the public, em ployers, and employees of the in dustry concerned, from the United States must be equal to the number of members designated from Puerto Rico. Following a hearing the committee transmits a report of findings and a draft decree recommending mini mum-wage rate or rates to be paid in the industry (none of which may exceed $1 an hour). Decree is then published and interested parties are allowed 30 days to file a memo randa for or against approval of said draft decree. After considering a record of the hear ings and the memoranda, the board may accept or reject the draft decree. If accepted, the decree has force of law% effective 15 days after pub lication. Minimum-Wage Board authorized to revise rates with respect to each industry at least once every 2 years. Noncompliance a mis demeanor punishable by fine, confinement in jail, or both. Em ployee may recover the unpaid difference in wages, plus an amount equal to the unpaid amounts, costs, ex penses, interest, and attorney’s fees. Minimum wage estab lished by wage or der. Wage fairly and reasonably com mensurate with value of service or class of service rendered and not greater than the industry can afford to pay. In establish ing a minimum fair wage, com missioner and wage board (1) may take into account all rel evant circumstances affecting the value of the service or class of service rendered; (2) may be guided by like considerations as would guide a court in a suit for the reasonable value of services rendered; (3) may consider wages paid in this State and other States for work of like or comparable character by em ployers voluntarily maintain ing minimum fair wage stand ards; and (4) may consider what wages the industry can afford to pay. Investigation at discretion of director or commissioner, or on petition of 50 or more residents of the State, to ascertain whether substantial num ber of women or minors in an occu pation are paid oppressive and un reasonable wages, i. e., less than fair and reasonable value of service rendered, less than the industry can afford to pay, and less than sufficient to meet minimum cost of living necessary for health. Investigation conducted by examining registers, payrolls, other records of employers, and witnesses. If convinced of need on basis of information in his posses sion, with or without investigation, director shall appoint a wage board. Director appoints wage board com posed of an equal number of repre sentatives, but not more than 3, of employers, and employees, and not more than 3 of the public, 1 of the public group to be designated chair man. After studying evidence and testimony of witnesses board must, within 60 days of its organization, submit a report recommending min imum fair wage standards. Within 10 days director shall accept or reject this report. If accepted, report must be published and public hearing held. After final approval of wageboard report, director issues a direc tory order. After 3 months and following a public hearing, director may make the or der mandatory. At any time after an order has been in effect 1 year or more, director may on his own motion, and shall on petition of 50 or more residents, re consider rates set therein and recon vene the same wage board or appoint a new one to recommend whether or not rates should be modified. The procedures followed shall be the same as prescribed initially. After notice and public hearing, direc tor may at any time, and from time to time, make such modifications or additions to any administrative regulations as he may deem appro priate to carry out this act provided such regulations could legally have been included in the original order. Publication of names of employers not comply ing with directory or der. Noncompliance with mandatory order a mis demeanor, punishable by fine or imprison ment or both. Employee may recover back wages, costs, and attorney’s fees. Minimumand wage fixed (b) General Laws, 1956, Any occupation, service, trade, All employees Division of Women Division and of Women Violations punishable by business, industry, or Children in the Department by law, with provisecs. 28-12-1 to 28-12-24, a fine or imprisonment branch or group of industries Special licenses: Any individ individof Labor. sion for occupational as amended by Laws or both. or employment or class of ual whose earning capacity Director of Labor has authoradministrative regauthor of 1957, ch. 3957. Employee may recover employment in establishis impaired by physical or ity to (1) issue regulations ulations. (Year legislation first en back wages, costs, and ments with more than 3 emmental deficiency and, - after deemed appropriate for car acted: 1936.) attorney's fees. ployees. Exceptions: Agri a public hearing and for 90 rying out the purpose of the culture, domestic service in days, a learner or apprentice Act for occupations in which or about a private home, may be granted a license no wage orders are in effect. employees of the United authorizing a wage less than Such regulations to be issued the minimum. States, occupations subject after consultation with an to any Federal minimumadvisory board, tripartite in wage law; educational, char nature, publication, and itable, religious or nonprofit public hearing; (2) issue an organizations where the em order putting into effect ployer - employee relation modifications of or additions ship does not, in fact, exist, to regulations or to existing or where the services ren regulations in mandatory dered to such organizations wage orders, after publica are on a voluntary basis; tion and public hearing. newsboys on home delivery, shoe shine boys in shoe shine establishments, caddies on golf courses, pin boys in bowling alleys, ushers in theaters; traveling salesmen or outside salesmen; service performed by an individual in the employ of his son, daughter, or spouse and services performed by a 8 The 1956 Act repealed two earlier minimum-wage laws: Act 45 of 1919 and Act 8 of 1941. 0 In 1956, Rhode Island enacted a new minimum-wage law to provide a statutory rate applicable to employees in establishments with more than 3 employees. Since the earlier provisions remain applicable to establishments and persons exempted from the statutory rate, the analysis is in two parts: (a) provisions for establishing a minimum wage by a wage board; (b) provisions for statutory rate. 485240 O—59 (Face p. 31) No. 8 ANALYSIS OF STATE MINIMUM-WAGE LAWS—Continued Coverage of the law State Occupations or industries RHODE ISLAND—Con. SOUTH DAKOTA: 1 Code 1939, and 1952 supplement, secs. 17. 0607, 17.0608, 17.9901. (Year legislation first enacted: 1923.) UTAH: 3 Code Annotated 1953 (with cumulative sup plement, 1957), secs. 34-4-5 to 34-4-21. (Year legislation first enacted: 1913.) VERMONT: Laws of 1957, S. B. 125. (Year legislation first en acted: 1957.) Administrative authority Type of law Procedures in establishing minimum wages by wage order Basis of wage rate Class of employees Enforcement Preliminary procedure procedure for setting wage rates Procedure for revision child under the age of 21 in the employ of his father or mother; employment be tween May 1 and October 1 in a resort establishment which regularly serves meals to the general public and which is open for business not more than 6 months a year; school or college stu dents employed on a part time basis; any employ ment in which employer employs 3 or less employees. Any factory, workshop, me chanical or mercantile estab lishment laundry, hotel, restaurant, or packing house. Any occupation, industry. trade, or Any woman or girl over the age of 14 years. Minimum wage fixed by law. Industrial commission. (Com mission composed of 3 mem bers appointed by the gov ernor, with the consent of the senate, for terms of 6 years.) M inimum wage estab lished by wage or der. Wage adequate to supply neces sary cost of proper living and to maintain health and welfare. Commissioner of Industrial Relations. Authorized to: (1) appoint, with the approval of Gover nor, a tripartite wage board for any industry or business and such board may (a) recommend and determine the amount of deductions for board, lodging, apparel or other items or services sup plied by the employer or such other conditions or cir cumstances as may be usual in a particular employeremployee relationship, in cluding gratuities, provided total remuneration received including wages and other items, equals the minimumwage rate; and (b) recom mend a suitable scale of rates for learners, apprentices, and handicapped workers, which may be less than the regular minimum-wage rate; (2) make a minimum-wage order defining the mini mum-wage rates in the occu pation as recommended in the report of the wage board and including regulations; (3) reconsider and modify, with wage-board recom mendations, orders in effect 6 months or more; (4) pro pose, with the approval of the Governor, modifications of or additions to any regula tions included in a w'age order without reference to a wage board, if such modifi cations could have been in cluded legally in the original order; and issue an order putting such modifications into effect, after publication and public hearing. Minimum wage fixed by law, with provi sion for issuance of occupational wage orders through wage boards. Wages sufficient to provide ade quate maintenance, to protect the health of the worker, and to be fairly commensurate with the value of services rendered. Noncompliance a mis demeanor, punishable by fine or imprison ment or both. Employee may recover back wages and costs. Special licenses: Apprentices, learners, and women men tally or physically deficient may be granted a permit authorizing a wage lower than the minimum. Women; minors (females un der 21, males under 18 years of age). Special licenses: Any woman physically defective by age or otherwise may be granted license authorizing a wage lower than minimum. Li cense must be renewed every 6 months. Apprentice or learner: Special wage may be set by com mission for specified period. Any industry, trade, or busi ness or branch thereof or class of work therein of em ployers of 2 or more em ployees. Exceptions: Agri culture; domestic service in or about a private home; em ployment by the United States, the State, or any political subdivision there of; activities of a public sup ported nonprofit organiza tion, except laundry employees, nurses aides or practical nurses; employ ment subject to the Federal Fair Labor Standards Act of 1938 as amended; bona fide executive, administra tive, or professional employ ees; newsboys on home de livery; taxicab drivers; out side salesmen; students attending school and work ing part time; any switch board operator employed in a public telephone exchange which has not more than 750 stations. Secretary of agriculture. All employees. Investigation at discretion of commis sion to determine whether wages paid to women and minors in an occupation are inadequate to supply the cost of proper living. Investi gation conducted by examining books, papers, payrolls, or records and witnesses and by holding public hearings at which employers, em ployees, and other interested persons may testify. If convinced of need, after investigation, commission shall call a wage board. Commission calls wage board com posed of an equal number of repre sentatives of employers and em ployees with a representative of the commission as chairman. After studying the evidence the board recommends minimum-wage rates to the commission, which, after a public hearing, fixes the minimum rates for the industry and issues a mandatory order. Whenever wages have been made mandatory, in any occupation, trade, or industry, commission may at any time in its discretion, upon its own motion or upon petition of employers or employees, after a public hearing, rescind, alter, or amend any prior order. Noncompliance a mis demeanor. Employee may recover back wages and costs. Noncompliance punish able by fine. Employee may recover back wages, costs, and attorney’s fees. 485240 0—59 (Face p. 31) No. 9 ANALYSIS OF STATE MINIMUM-WAGE LAWS—Continued Coverage of the law State WASHINGTON: 7 Revised Code (1957), secs. 49.12.010 to 49.14.200. (Year legislation first en acted: 1913.) WISCONSIN: Statutes Annotated (West’s 1957 with cu mulative supplement, 1958), secs. 104.01 to 104.12. (Year legislation first en acted: 1913.) WYOMING: 3 Compiled Statutes An notated 1945 (with cumulative supple ment, 1957), secs. 54 1002 to 54-1004. (Year legislation first enacted: 1955.) Occupations or industries Class of employees Any occupation, trade, or in dustry. Women; minors (persons of either sex under 18 years of age). Special licenses: Any woman physically defective or crip pled by age or otherwise, or any apprentice, may be granted license authorizing a lower wage. Every person in receipt of, or entitled to, any compensa tion for labor performed for any employer. Women; minors (persons of either sex under 21 years of age). Any occupation, service, trade, business, industry, or branch or group of industries or em ployment or class of employ ment. Exceptions: Agricul ture; domestic service in or about a private home; bona fide executive, administra tive, or professional em ployees; employment by the United States, the State, or any political subdivision thereof; activities of an edu cational, charitable, reli gious, or nonprofit organiza tion where the employeremployee relationship does not, in fact, exist or where the services rendered to such organization are on a volun tary basis; all minors under 18 years of age and all part time and piece workers; out side salesmen whose com pensation is solely commis sion on sales; driver of an ambulance or other vehicle from time to time as neces sity requires who is on call at any time. All employees (except minors under 18 years of age). See Exceptions. Special licenses: Any woman or minor unable to earn the living wage may be granted license to work for a wage commensurate with his or her ability. Administrative authority Type of law Procedures in establishing minimum wages by wage order Basis of wage rate Enforcement Preliminary procedure Procedure for setting wage rates Procedure for revision If committee specifies a minimum wage, it shall not be changed for 1 year. Whenever wages have been established by original order, upon petition of either employers or em ployees, committee may at its dis cretion reopen the question by call ing a public hearing, and may on its own motion amend the original order upon proper showing at the hearing and in harmony with the testimony and facts adduced there in. Industrial welfare committee. (Committee composed of director of labor and indus tries, supei visor of indus trial insurance, supervisor of industrial relations, su pervisor of women in in dustry, and industrial stat istician; director of labor and industries is chairman and supervisor of women in industry is executive secre tary.) Minimum wage es tablished by wage -order. Wage adequate to supply neces sary cost of living and maintain health. Suitable wage for mi nors. Investigation at discretion of com mittee to ascertain whether wages paid to female employees in an oc cupation are inadequate to supply the necessary cost of living and maintain health. Investigation conducted by examining books, pay rolls, other records of employers, and witnesses, and by holding pub lic hearings at which employers, employees, and other interested persons may testify. If convinced of need, after investigation, com mittee is empowered to call a con ference. Committee calls conference composed of an equal number of representa tives of employers and employees in an occupation or industry, 1 or more representatives of the public (the number not to exceed that in either of the other groups), and a member of the committee to act as chairman. Conference recommends minimumwage standards which the commit tee may accept or reject in whole or in part. If accepted, committee issues a mandatory order. Committee may at any time, after in quiry, determine suitable wages for minors and issue mandatory order. Industrial commission. (Commission composed of 3 members appointed by the Governor, with the advice and consent of the senate, for terms of 6 years.) Minimum wage es tablished by wage order. Living wage, i.e., sufficient to maintain worker under condi tions consistent with welfare, welfare to mean and include reasonable comfort, reasonable physical well-being, decency, and moral well-being. Investigation at discretion of commis sion, or on the filing of a verified complaint of any person, to ascer tain whether wage paid to any woman or minor is not a living wage. If, upon investigation, commission finds reasonable cause to believe wages paid to women or minors are not a living wage, it shall appoint an advisory board to assist in its investigations and determinations. Commission appoints an advisory wage board selected to represent fairly employers, employees, and the public. The living wage deter mined by the commission and this advisory board shall be the living wage for women and minors. Com mission issues general or special order fixing the living wage. Noncompliance a misde meanor, punishable by fine. Employee may recover back wages, costs, and attorney’s fees. Employer not complying shall forfeit and pay into State treasury. Minimum wage fixed by law. Employer liable in a civil action to em ployee in the amount of his or her unpaid minimum wage. 485240 O—59 (Face p. 31) No. 10 WOMEN’S BUREAU MINIMUM-WAGE BULLETINS *No. 61. The Development of Minimum-Wage Laws in the United States, 1912 to 1927. 1928. 635 pp., inc. index. No. 137. Summary of State Hour Laws for Women and Minimum-Wage Rates 1936. 54 pp. No. 167. State Minimum-Wage Laws and Orders—An Analysis. 1939. 34 pp. plus 5 folder charts. State Minimum-Wage Laws and Orders: 1939. 1940 Supple ment to Bull. 167. 15 pp. State Minimum-Wage Laws and Orders: 1940. 1941. Second supplement to Bull. 167. 13 pp. *No. 191. State Minimum-Wage Laws and Orders: 1942. An Analysis. 1942. (Revision of Bull. 167.) 52 pp. plus 6 folder charts. No. 227. State Minimum-Wage Laws and Orders, July 1, 1942-Jan. 1, 1949. Supplement to Bull. 191. 1949. 55 pp. No. 227, revised. State Minimum-Wage Laws and Orders, July 1, 1942-July 1, 1950. Revised supplement to Bull. 191. 1950. 65 pp. Supplement to Bull. 227, revised. July 1, 1950 to Jan. 1, 1952. Supplement II to Bull. 227, revised. Jan. 1, 1952 to Jan. 1, 1953. No. 247. State Minimum-Wage Laws and Orders, July 1, 1942-March 1, 1953. Supersedes Bull. 227, revised. 1953. 84 pp. plus 9 folded charts. Supplement to Bull. 247, March 2, 1953 to July 1, 1954. Supplement 2 to Bull. 247, July 2, 1954 to May 1, 1955. Supplement 3 to Bull. 247, May 2, 1955 to Aug. 16, 1956. *No. 259. State Minimum-Wage Order Provisions Affecting Working Conditions, July 1, 1942 to June 1, 1955. 1955. 75 pp. Processed. * Contains historical material not superseded by more recent bulletins. print, but may be consulted in libraries or at the Women’s Bureau. Out of 31 U. S. GOVERNMENT PRINTING OFFICE:1988
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