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V/oh! State Minimum-Wage Laws and Orders July 1, 1942—March 1, 1953 WOMEN’S BUREAU BULLETIN 247 UNITED JTATES DEPARTMENT OF LABOR MARTIN F. Durkin, Secretary WOMEN’S BUREAU S, MlI,r4'i(, Director £AJ 1— State Minimum-Wage laws and Orders July 1, 1942—March 1, 1953 r 5*tes oj. WOMEN’S BUREAU BULLETIN 247 UNITED STATES DEPARTMENT OF LABOR Martin P. Durkin, Secretary WOMEN’S BUREAU S. Miller, Director Washingtons 1953 Frieda For sale by the Superintendent of Documents, U. S. Government Printing Office Washington 25, D. C. - Price 50 cents LETTER OF TRANSMITTAL ' United States Department of Labor, Women’s Bureau, Washington, March 30, 1953. 'r , _ « Sir: I have the honor to transmit a bulletin which contains analyses of State minimum-wage laws and of State minimum-wage orders be coming effective during the period July 1, 1942-March 1, 1953, to gether with text material on the development of minimum-wage legislation. The chart analyzing minimum-wage orders contains 113 orders and 10 statutory changes affecting wage rates or coverage, and these represent 24 of the 30 jurisdictions now having minimum-wage laws on their statute books. A total of 45 orders in 11 States had not been revised since July 1942 and are therefore not in the analysis but are listed separately on page 84. The great majority of these orders apply to manufacturing industries or occupations, which, for the most part, are covered by provisions of the Federal Fair Labor Standards Act. The chart on minimum-wage laws analyzes the more important provisions of the laws of these 30 jurisdictions. Statutory changes are included. This bulletin supersedes Women’s Bureau Bulletin 227 (revised), State Minimum-Wage Laws and Orders, July 1, 1942-July 1, 1950, and two supplements bringing the data up to January 1, 1952, and January 1, 1953, respectively. Nine orders becoming effective in the first 2 months of 1953 are also included. Mary Loretta Sullivan and Alice M. Rand of the Bureau’s Division on Women’s Labor Law and Civil and Political Status performed the research and analysis for the report under the direction of Alice Angus Morrison, Chief of the Division. Respectfully submitted. Frieda S. Miller, Director. Hon. Martin P. Durkin, Secretary of Labor. iii t ( r CONTENTS Development of minimum-wage legislation________________________ History of minimum-wage laws______________________________ State laws in the United States 1 Federal legislation___________ Minimum wage in other countries_________________________ Concepts and constitutionality _ New trends in State minimum-wage legislation___________________ Provisions extending coverage to men_______________________ Statutory rate provisions in wage-board laws_________________ Present-day effectiveness_______ Flexibility and coverage of wage orders 12 Overtime_________________________________________ Guaranteed weekly wages _ Split-shift provisions Deductions from wages Meals and lodging Uniforms Gratuities _ _ Analysis of State minimum-wage orders, July 1, 1942-Mar. 1, 1953_____ States with minimum-wage laws _ _ Industries covered by State minimum-wage rates 78 Current minimum-wage orders, by State 82 Minimum-wage rates not revised since July 1, 1942___________________ Analysis of State minimum-wage laws (folders 1-9)facing Past X 1 3 3 4 8 8 9 XI 12 13 13 13 14 14 15 16 78 84 84 1 4 v t State Minimum-Wage Laws and Orders—July 1, 1942—March 1, 1953 7 DEVELOPMENT OF MINIMUM-WAGE LEGISLATION . 15 s » / History of Minimum-Wage Laws Minimum-wage legislation has had a long and far-flung history, hoth in the United States and elsewhere. Early American laws drew largely on the minimum-wage experience of the English-speaking countries, particularly on Australia, New Zealand, and Great Britain. State Laws in the United States.—The first minimum-wage law in the United States was enacted by Massachusetts in 1912. 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 unreason ably long hours and at wages inadequate to provide the bare necessities was the common lot of many women. Recognizing the need for action, Congress in 1907 authorized the Department of Commerce and Labor to make an extensive investigation of the industrial, social, moral, educational, and physical conditions of women and child wage earners in the United States. The resulting report—Senate Docu ment No. 645, 61st Congress, 2d session—gave immeasurably in creased impetus and force to an already growing movement by the shock it administered to the conscience of the people. 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 that followed, originally applied only to women and minors for whom the need was greatest and for whom court decisions had made the possibility of legislative relief more feasible. It created a new State agency responsible 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 recom mend minimum wages for individual industries. The early Massa chusetts law was distinguished from those that followed in one partic ular, it was not mandatory but depended entirely on the force of public opinion for compliance. 1 Public support behind the Massachusetts law also reflects the sub sequent pattern. Then, as now, more than widespread concern was needed to get local correction of unreasonably long hours and in adequate wages—specifically, prolonged hard work by citizens willing to take responsibility for carrying through a program. The National Consumers' League, vigorously concerned, was instrumental in form ing 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 League 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, Massachusetts, in 1912, adopted the first State minimum-wage law. Later, in various States this pattern of a temporary working organi zation to achieve a legislative objective has been repeated.2 The National Consumers’ League took the initiative for legislative action again in the thirties, including the preparation of draft language with the technical assistance of leading legal scholars. From the 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 midwestem States: Colorado, Utah, Nebraska. Minnesota, and Wisconsin. Of these, all except Nebraska have active minimumwage administration today. Some have gone through several stages of enactment and repeal but the laws of California, Oregon, and Washington have been continuously in effect through the entire 40 years to the present. All are of the wage board type. The back ground of technical experience thus gained by citizens of sister States lends support and example to groups in other States working for minimum-wage 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 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 beenreenacted. > 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 Education, 1 and Indus trial Union, the Central Labor Union of Boston, and the Massachusetts Branch of American Association or Labor Legislation. »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 » j , The depression years of the thirties 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. Five more laws were enacted before the United States entered World War II: by Louisiana and Kentucky (1938); Maine and Alaska (1939); and Hawaii (1941). In 1941 also, Puerto Rico enacted a second law. At present, 30 jurisdictions have minimumwage laws. Although no additional laws have been enacted since 1941, existing laws have been revised and strengthened. Continued interest in such legislation and growing public concern are reflected in the number of bills introduced in State legislatures. Federal Legislation.—State experimentation and technical ex perience with minimum-wage legislation formed the basis for minimumwage action by the Federal Government, first under the National Industrial Recovery Act in operation from 1933 to 1935, and since 1938 through the Fair Labor Standards Act. This act establishes minimum-wage and overtime rates for employees in industries en gaged in or affecting interstate commerce. As amended in 1949, the act provides for a minimum hourly rate of 75 cents, with time and one-half the employee’s regular rate for all work in excess of 40 hours a week. The effect of the 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 employees in inter state 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 many years that the Federal minimum re mained stationary at 40 cents an hour, 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 intrastate trade and service occupations where the need for legislative protection has persisted because of the gen erally low wages, long hours, and lack of union organization. Minimum Wage in Other Countries.—New Zealand is generally credited with enacting the first minimum-wage law. In 1894 it created district conciliation boards similar in many ways to later wage boards in the United States—boards of from four to six 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. 3 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 four trades—-tailoring, paper-box making, machine-made lace, and chainmaking—but in 1913 it was extended to include five other sweated industries. Still other 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 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 police power to protect certain classes of workers. The leading State cases are Adkins v. Children’s Hospital (261 U. S. 525), which held the District of Columbia law unconstitutional; and West Coast Hotel v. Parrish (300 U. S. 379), which in upholding the constitutionality of the Washington State law reversed the Adkins decision. The constitutionality of the Federal Fair Labor Standards Act was upheld in United States v. Darby (312 U. S. 100). State minimum-wage laws in this country were enacted when citizens and legislators, stirred into action by women’s organizations, civic groups, and individuals familiar with existing conditions, de manded legislative action. The laws 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 sub ject to exploitation. This basic social concern for the well-being of women and minors is revealed in the wording of the laws themselves. The Minnesota statute, for example, defined 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, a wage board was to be called whenever after investigation the com mission 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 welfare of the workers.” Oregon: “* * * it shall be unlawful to employ women in any occupation * * * for wages which are inadequate 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 detrimental to their health or morals; and * * * at wages which are not ade quate 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. 4 Children's Hospital (supra), held one of the mandatory minimum-wage laws based on the cost of living unconstitutional. The District of Columbia cost-of-living law was 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 uncon stitutional 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 employ ment 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 arbitrary 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 however 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 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 in the case of Morehead v. Tipaldo (298 U. S. 587), the United States Supreme Court sustained the decision of the New York Court of Appeals which had held unconstitutional the New York law based on this concept, declaring that it failed to perceive any material differ- 5 ence between the fair value statute and the old 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 minimumwage 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 enactment.” That vifew 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. 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 (supra). 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 More head 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 con stitutional 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? The Constitution does not speak of freedom of contract. It speaks of liberty and prohibits the deprivation of liberty without due process of law. In prohibiting that deprivation the Constitu tion does not recognize an absolute and uncontrollable liberty. This power under the Constitution to restrict freedom of contract has had 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 6 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, however, 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 requirement 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 performed 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. The 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 fair value laws, are of particular interest because the United States Supreme Court has not specifically ruled on that type of legislation. Pennsylvania 3 in 1942, Ohio 4 in 1945, and Kentucky 6 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 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 legislation, 1 In re Fisher, 344 Pa. 96, 23 A. 2d 878. ‘ Strain v. Southerton, 75 Ohio App. 435, 62 N. E. 2d 633. * Young v. Willis, 305 Ky. 200, 203 8. W. 2d 5. 7 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 reasonably 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 undoubt edly 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 in the case of Lyons v. Corsi (116 N. Y. S. 2d 520). By analogy to the Federal Fair Labor Standards Act and citing the Darby case, 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. New 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 the war years, State minimum-wage activity continued and numerous changes and improvements have been made in existing legislation. In 1939, Connecticut became the first State to amend its law to bring men under coverage. 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. A second important recent change in basic standards has been the incorporation of statutory rates in laws that already provide for wage orders through wage board action. Three States, Massachusetts, New Hampshire, and Connecticut, have amended their laws to provide for a statutory rate at the same time retaining wage board procedure. Provisions Extending Coverage to Men.—Although minimumwage laws in this country were designed originally to give protection to women and minors, recognition that many men workers need similar legislative protection is not new. Oklahoma’s law in 1937 was written to cover men, women, and minors but was held invalid as to men and minors because of a technical 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. Coverage of men in the five States was attained by one of two different methods: The general coverage amendment and the socalled indirect method. New York and Rhode Island used the indirect method, while Connecticut, Massachusetts and New Hamp shire followed the method of general coverage. Under both types of coverage the law is made applicable to all persons or employees in the covered occupations in the same manner 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 enacted in New Hampshire retains the original wage board law appli cable 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, the wage board sections con tinue to apply to women and minors but an added new section pro hibits 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. Statutory Rate Provisions in Wage-Board Laws.—Statutory rates are not new in this country. Arkansas, South Dakota, and Nevada established statutory rates in their original laws enacted in 1915, 1923, and 1937, respectively. But early statutory rate laws have been characterized as “inflexible” because they make no pro vision within themselves for adjustment to changing economic con ditions,6 as do laws that provide for wage boards to adjust minimum wages in particular industries. Revision of statutory or flat rate laws can be, and has been, accomplished by legislative action but such action has in fact been less frequent than issuance of wage orders under laws setting up wage board machinery. Statutory wage rates are also less flexible than wage orders since occupational wage boards familiar with industry conditions not only set minimum wages in line with changes in the cost of living but also take into account special industry conditions. The advantage of a statutory rate, in establishing immediate, wide8 The terms of the Arkansas statute provide that the commissioner has power to raise or lower the statutory wage in any occupation, trade, or industry after investigating and holding public hearings. Arkansas has not issued an order since the early 1920’s. 9 spread minimum-wage protection, is recognized by most State ad ministrators. But years of experience with wage orders tailor-made to meet the needs of individual industries or occupations and readily adjustable to economic changes, have made administrators take a cautious approach to depending exclusively on statutory rates. While they recognize the advantage of the latter, they appreciate from long experience the value of the former. The addition in three States of statutory rates to wage-board laws has been widely heralded as a significant forward step in minimumwage development. Differences between the three statutory rate amendments 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, including among others employees in restaurants, hotels, inns, and cabins. Female and minor employees in these latter occu pations receive minimum-wage protection in New Hampshire because these occupations were covered in the original New Hampshire law and the State Attorney General has ruled that wage orders for women and minors can continue to be issued for the occupations covered by that law. Following the statutory rate amendment, the commissioner readjusted rates of existing wage orders for women and minors, increasing them to the 50-cent level with 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. Whether such wage orders may include men or must be limited to women and minors is not yet clear since the commissioner has not yet used his authority to increase the statutory minimum. In Massachusetts the 75-cent statutory rate (which in 1952 replaced the 65-cent rate originally effective January 1950) is applicable to all employees within the terms of the law but not covered by wage orders. At the present time, wage orders are in effect for most of the major trade and service occupations so that the statutory 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 65 cents an hour as a floor below which 10 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 75-cent statutory rate amendment in Connecticut, enacted in 1951, effective January 1952, was the first statutory rate to equal the Federal minimum, although other States have attained that level through wage orders. The amendment, like the one in New Hamp shire, directed revision of all existing wage orders to the statutory level. 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. Unlike either New Hampshire or Massachusetts, Connecticut in enacting its 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 occupations and industries. Administrative regulations issued by Connecticut under these provisions relate to such matters as board and lodging, tips, uniforms, learners and apprentices, waiting time, split shifts, etc. Present-Day Effectiveness Originally State minimum-wage legislation was designed for the protection of women workers. The early 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 protec tion. During the years that the Federal Fair Labor Standards Act remained at 40 cents, State minimum-wage orders in some States were of direct benefit to interstate workers. The 1949 amendment raising the rate to 75 cents an hour has again assured industrial workers in the lowest wage brackets protection under the Federal law but trade and service workers receive no direct benefits from Fair Labor Standards Act since it does not apply to intrastate workers as such. Now as in the early days of minimum wage, trade and service in dustries employ large numbers of unskilled workers, still often poorly organized in trade unions, at a relatively lower wage scale than obtains for more skilled work. Therefore, even where minimum-wage 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 249000—Bi ■2 11 indicates the extent to •which the minimum-wage States have accepted the challenge and responsibility for setting a wage floor in trade and service industries. Of the more than 50 orders issued by 16 jurisdic tions between July 1, 1950, and January 1, 1953, 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. It seems clear that State administrators have recog nized 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 Govern ment. Some States continue to issue orders for manufacturing, thus providing minimum rates for workers in intrastate as well as in inter state industries. Flexibility and Coverage of Wage Orders.—In addition to con centrating on the trade and service occupations, States sought to extend minimum-wage protection by broadening coverage of existing orders as such orders were revised and to issue new orders for occupa tions not previously covered. The California wage orders as originally revised in 1942, and as revised again in 1947 and 1952, illustrate this broadening of coverage. New groups of workers have received minimum-wage benefits for the first time in some States by the issuance of orders for occupations not previously covered by minimum wages. Examples of this trend can be found in New York with its 1951 order for amusement and recreation occupations and its 1953 order for building-service workers. New Hampshire’s hotel, cabin, and tourist home order of 1952 is another example. The benefits of minimum-wage legislation to workers are measurable not only in terms of wages and/or hours of work established. On the contrary, 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 con ditions 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 uni forms, meals and lodging, tips, split shifts, overtime, etc. Overtime.—The practice of establishing an overtime rate as an integral part of the minimum-wage scale also has been increasing. Such provisions recognize that many women workers, since they have the dual responsibility of home and job, have a special need for moderate hours of work which overtime provisions encourage. Since minimum-wage laws in most States apply only to women and minors and since in all States the wage orders relate largely to the principal woman-employing industries and occupations, provisions 12 for overtime pay are of particular benefit to women workers. How ever, not all orders set overtime on the basis of time and one half the worker’s regular rate. The California orders provide for time and one half the employee’s regular rate for work over 8 hours a day or 6 days a week, but in practice these provisions have applica tion only to occupations where overtime beyond 8-48 is permitted in emergencies by the California maximum-hour law. In the Con necticut laundry order, time and one half the employee’s regular rate must be paid after 44 hours a week. The basic minimum wage is 75 cents an hour up to and including 44 hours a week. Another type of overtime provision is the establishment of a specific hourly rate higher than the basic minimum. An example is the recent Rhode Island retail order (effective November 1952) which established a basic rate of $28 for a 36- to 44-hour week with 95 cents an hour for work over 44 hours a week. Another example is the District of Columbia laundry order (effective August 1951) requiring $1.12K an hour for work over 40 hours a week. The District’s basic rate is $30 for a 24-40-hour week. Guaranteed Weekly Wages.—Because of industry conditions or indifferent employer management, some women employed on a full time basis do not have an opportunity to work a full week as a regular practice. Realizing that for such workers the establishment of an hourly minimum wage, even though high, would guarantee neither a regular nor an adequate income, some wage boards have recom mended that women be paid a minimum weekly wage. This wage is usually applicable to work that approximates a full week, where the employer, not the absence of the worker, is responsible for the short schedule. Such regulations tend to promote greater efficiency in management and to benefit employers as well as workers. Minne sota adopted a modified weekly wage as early as 1921, and in 1938 the New York laundry order gave new impetus to the guaranteed weekly wage principle. Among the States adopting the principle in a somewhat modified form were Connecticut, the District of Columbia, Massachusetts, and Rhode Island. Split-Shift Provisions.—Some State wage orders have regulated the practice of split shifts by requiring that higher wages be paid for days on which the work period has more than one shift, or covers a spread of hours that exceeds a specified number, usually ten. Such wage orders usually require that an additional amount be added to the minimum wage each day the employee works a split shift. Among the States with this type of provision in orders for occupations where the split shift has been a common industry prac tice are California, the District of Columbia, Kentucky, New Jersey, New York, Rhode Island, and Utah. Deductions from Wages.—Wages, even though rates may be fair, 13 can be so undermined by charges and deductions required by employ ers that when pay day arrives the pay envelope contains little more than an itemized account of money the worker did not receive. Most current wage orders prohibit deductions of any kind, except those authorized by law, such as social security taxes and Federal income taxes, and those authorized in the wage order. Through such pro visions, minimum-wage States have made great strides in regulating industry practices with respect to deductions in take-home pay that unjustifiably deprive the worker of part of his wages. Meals and Lodging.—In occupations where employees are cus tomarily furnished meals and/or lodging, such as hotels and restau rants, wage boards have taken into account that payments in kind must be recognized in establishing workable minimum-wage rates. Most wage orders contain detailed provisions regulating the practice, avoiding many of the former abuses. For example, California per mits deduction 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 well-balanced serving of a variety of wholesome nutritious foods.” The order further specifies that deduc tions 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 housekeeping order permits a deduction for one meal for each 4 hours worked but not more than two meals a day and specifies a 30-cent maximum allowable deduction for any bona fide meal furnished within those limitations. New York orders have a somewhat different regulation in that they require a higher hourly or weekly rate when meals are not supplied. In the February 1953 hotel order the differential for nonresidential employees in all-year hotels is 5 cents an hour for one meal and 10 cents for two meals. The February 1953 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.” The deduc tion 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 either prohibit charges of any kind for uniforms and their upkeep, or regulate the maximum amount deductible from the minimum wage for uniforms and uniform mainte 14 nance. In California, for example, no employee shall be required to contribute directly or indirectly from the minimum wage for the purchase of uniforms nor for the laundering and cleaning of uniforms. The District of Columbia permits a deduction of not more than $1 a week when uniforms are furnished and laundered by the employer, except that the maximum deduction permissible in the case of maids, cleaners, dishwashers, kitchen helpers, and similar workers is 50 cents a week. New Hampshire is one of the States prohibiting deductions of the cost of required uniforms. The Utah regulations provide that the employer supply uniforms free and take care of the upkeep includ ing laundry, if uniforms are required by the establishment. In many of the State orders detailed definitions of uniforms are also included. Gratuities.—In some States wage boards have taken into account tipping practices by classifying employees into service and nonservice groups, and setting a lower rate for the service employee who would receive tips. Kentucky, Massachusetts, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, and Rhode Island follow this pro cedure. The District of Columbia public housekeeping order classifies workers into three occupational groups, with waitresses receiving the lowest rates established. Wage orders in seven States—California, Colorado, Minnesota, Oregon, Utah, Washington, and Wisconsin— prohibit deductions for tips either expressly, or impliedly by prohibiting all except specified deductions. Connecticut permits deductions for tips from the prescribed minimum wage (up to 30 cents an hour for hotel and restaurant workers customarily receiving gratuities). In four other States—Arkansas, Nevada, North Dakota, and South Dakota—there are no specific provisions relating to gratuities. The material in the following chart, “Analysis of State MinimumWage Orders, July 1, 1942-March 1, 1953,” furnishes information on coverage, wages, and hours of work. Additional information on fringe benefit provisions, discussed in the preceding paragraphs, may be obtained from the Women’s Bureau. 15 ANALYSIS OF STATE MINIMUM-WAGE ORDERS, JULY 1, 1942-MARCH 1, 1953 1 Ci State, title and number of order, and effective date2 Occupation or industry covered Class of employees covered Alaska_______ ________ No change in law. Arizona: Retail Trades Industry, “Retail Trades Industry," i. e., all selling of Women and female minors: Experienced..........—........ merchandise to consumer and not for purpose No. 1-A. Directory, Apr. 17, of resale in any form. Exception: Worker under 21 whose chief occupation is that of a 1943. Mandatory, June student actually attending public or private school.3 17, 1943. Inexperienced:8 (Supersedes order 1 First 6 months................................. of Feb. 1,1939.) Laundry and Dry Cleaning Industry, No. 2-A. Directory, July 12, 1948. Mandatory, Sept. 12, 1948. (Supersedes order 2 of June 15,1939.) “Laundry and Dry-Cleaning Industry" in cludes: (1) Cleaning, dyeing, pressing, processing, or any other work incidental thereto, of clothing (including hats), household furnishings, rugs, textiles, fur, leather, or fabric of any kind; (2) the collection, sale, resale, or distribution at retail or whole sale of these services; (3) the producing of such services on their own behalf, by establishments, businesses, institutions, clubs, or hospitals which services may be incidental to their present business; (4) Self-Service Laundries, Automatic Laun dries, Help-Yourself Laundries, U-DoLaundries, and any type of rental laun dries. Exception: Worker under 21 whose chief occupation is that of a student actually attending public or private school. Minimum-wage rates $16 a week. 35 cents an hour....... . f$12.50 a week..... ....... \27J4 cents an hour.... f$14 a week—............ Second 6 months............................. (30 cents an hour........ Full-time employee, i. e., one who Weekly rate prorated. works 8 hours a day on 4 or more days a week. Women and minors: Experienced: In laundry industry........................ $18.72 a week 7._ 52 cents an hour. If employee on voluntary ab ___ do....... ......... sence. Part time.................................... 57 cents an hour. In dry cleaning industry......... — $21.60 a week 7_60 cents an hour. If employee on voluntary ab ----- do............................................ sence. Part time------------- -------------- 66 cents an hour........ ................ Inexperienced and apprentices (3 90 percent of the applicable minimum rate. months).8 (Deductions from minimum wage for meals, lodging, or both, allowed only on special \ permit.) Hours Standard workweek, i. e., 48 a week (8 a day, 6 days) or 42 a week (6 a day, 7 days) * Less than 4 days a week, 8 hours each.1 Same as for experienced. Do. Less than standard week. 36 a week. Over 36 a week4 or during periods when basic weekly minimum need not be paid.7 Actual time worked. Less than 36 a week.8 36 a week. Over 36 a week 4 or during periods when basic weekly minimum need not be paid.7 Actual time worked. Less than 36 a week.* Arkansas: Wage fixed in law. Mar. 20,1915. Digest (Pope) 1937, sees. 9094, 9096 9100; session laws 1943, Act 70 (amending secs. 9084 and 9095.) California: Motion Picture In dustry, No. 17R, July 1, 1949. (Supersedes order 17 of Aug. 11, 1931.) Manufacturing and Mercantile Industries, No. 1-52, Aug. 1,1952. 10 (Supersedes orders 1-R and 7-R of June 1, 1947.) Manufacturing, mechanical, or mercantile establishment, laundry, express or transpor tation company, hotel, restaurant, eating place, bank, building and loan association, insurance company, finance or credit busi ness, or work in any capacity other than occupations expressly exempted by law. Exceptions: Domestic, agricultural or horti cultural employment; cotton factory; gather ing of fruits or farm products; switchboard operators in public telephone exchanges having less than 750 stations who are exempt under sec. 13 (a) par. 11 of 1949 amendment to the Federal Fair Labor Standards Act. Females: Experienced___________ Inexperienced (6 months) All.................................— “Motion Picture Industry,” i. e., any industry, business, or establishment operated for the purpose of motion-picture production, in cluding but not limited to, motion pictures for entertainment, commercial, religious, or educational purposes. Exceptions: Women who act, sing, dance, or otherwise perform; or who are employed in administrative, executive, or professional capacities (as de fined in order). “Manufacturing Industry,” i. e., any indus try, business, or establishment operated for the purpose of preparing, producing, mak ing, altering, repairing, finishing, processing, inspecting, handling, assembling, wrapping, bottling, or packaging goods, articles, or commodities m whole or in part. Excep tions: Canning, preserving, and freezing industry; industries handling farm products after harvest; motion picture industry. “Mercantile Industry,” i. e., any industry, business or establishment operated for the purpose of purchasing, selling, or distribut ing goods or commodities at wholesale or retail. Exceptions (both industries): Women em ployed in administrative, executive, or pro fessional capacities (as defined). Women 18 and over................................ See footnotes at end of table. Women employed at a guaranteed weekly rate of pay. $1.25 a day................................. $1 a day......................................... 1 Yi times employee’s regular rate. Pro rata—..................................... 8 a day, 6 days a week.® Do.® Over 8 a day or on seventh consecutive day.10 Less than 8 a day. Time and a half employee’s regular rate.11 ----- do............................................ Over 8 a day or over 6 days a week (in emergencies). Over 40 a week. Women and minors: Experienced adult women and 75 cents an hour... minors. Inexperienced women, 18 and over 60 cents an hour 14. (first 200 hours' employment in skilled or semiskilled occupations). Minors do.................................... ....... Women 18 and over, in employ 1)4 times employee's regular ments in which overtime is not rate. prohibited by the State’s labor code. If employee works a split shift......... 75 cents a day in addition to the minimum wage except when employee resides at the place of employment. (Deductions for meals and/or lodging allowed; maximum charges specified in the order.) 8 a day, 6 days a week.10 Do.10 Do.10 Over 8 a day or on 7th con secutive day15 in emer gencies. ANALYSIS OF STATE MINIMUM-WAGE ORDERS, JULY 1, 1942-MARCH 1, 1953 ^Continued 00 State, title and number of order, and effective date1 California—Continued Personal Service Indus try, No. 2-52, Aug. 1, 1952. (Supersedes order 2-E of June 1, 1947.) Canning, Freezing, and Preserving Industry, No. 3-52, Aug. 1, 1952. (Supersedes order 3-R of June 1, 1947.) Professional, Technical, Clerical, and Similar Occupations, No. 4-52, Aug. 1, 1952. (Supersedes order 4-R of June 1, 1947.) Occupation or industry covered Class of employees covered Minimum-wage rates Hours Women and minors-—........................... Minors........................................... -........ Women 18 and over, in employments in which overtime is not prohibited by the State’s labor code. If employee works a split shift............ 75 cents an hour 60 cents an hour u........................ 1H times employee’s regular rate. . 8 a day, 6 days a week.18 Do.18 Over 8 a day or on 7th con secutive day18 in emer gencies. tS’PJiV “Personal Service Industry,” i. e., any indus try, business, or establishment operated for the purpose of rendering, directly or in directly, any service, operation, or process used or useful in the care, cleansing or beautification of the body, skin, nails, or hair, or in the enhancement of personal appearance or health. Exceptions: Women employed in administrative, executive, or professional capacities (as defined). “Canning, Freezing, and Preserving Indus try,” i. e„ any industry, business, or estab lishment operated for the purpose of canning soups; and of cooking, canning, curing, freezing, pickling, salting, bottling, pre serving, or otherwise processing any fruits, vegetables, or seafood when the purpose of such processing is the preservation of the product and includes all operations inci dental thereto. Exceptions: Women em ployed in administrative, executive, or pro fessional capacities (as defined). “Professional, Technical, Clerical, and Simi lar Occupations,” i. e., professional, semi professional, managerial, supervisorial, lab oratory, research, technical, clerical, and office work occupations. Exceptions: Work which is predominantly intellectual, man agerial, or creative, requiring exercise of discretion and independent judgment, and for which the remuneration is not less than $350 per month; employees licensed or certi fied by the State to practice the professions specified; exchange operator of a telephone company having less than 150 stations oper ating under the jurisdiction of the State’s 75 cents a day in addition to the minimum wage except when employee resides at the place of employment. (Deductions for meals and/or lodging allowed; maximum charges specified in the order.) Women and minors.—.......................... . 75 cents an hour____ ______ ... 8 a day, 6 days a week.18 Do.18 Minors__________________________ 60 cents an hour 11........................ Women 18 and over, in employments 1H times employee’s regular Over 8 up to and including 12 in any one day and the in which overtime is not prohibited rate. first 8 hours worked on the by the State’s labor code, if over 7th consecutive day.17 time is necessary to process any perishable product to prevent spoil Double the employee’s regular Over 12 in any one day and over 8 on the 7th consecu ing; cases of emergency. rate. tive day.17 (Deductions for meals and/or lodging allowed; maximum charges specified in the order.) Provisions same as for Order No. 1-52, Manufacturing and Mercantile Industries. * Public Housekeeping Industry, No. 5-52, Aug. 1, 1952. (Supersedes order 5-R of June 1, 1947.) Public Utilities Commission and employee’s duties as operator are incidental to other duties. "Public Housekeeping Industry,” i. e., any industry, business, or establishment which provides meals, housing, or maintenance services whether operated as a primary busi ness or when incidental to other operations in an establishment not covered by another minimum-wage order. Exceptions: Grad uate nurses in hospitals; student nurses in a school accredited by Examiners in the State; women employed in administrative, executive, or professional capacities (as de fined). Women and minors................................ Minors................................................ . Women 18 and over, in employments in which overtime is not prohibited by the State’s labor code. If employee works a split shift............. 75 cents an hour........................ . 8 a day, 6 days a week.1*11 60 cents an hour14___ ________ Do.1* 1 Yi times employee’s regular Over 8 a day or on 7th con rate. secutive day 18 in emer gencies.18 75 cents a day in addition to the minimum wage except when employee resides at the place of employment. (Deductions for meals and/or lodging allowed; maximum charges specified in the order.) Provisions same as for Order No. 1-52, Manufacturing and Mercantile Industries. Laundry, Dry Clean "Laundry, Dry Cleaning, and Dyeing Indus ing, and Dyeing In try,” i. e., any industry, business or estab dustry, No. 6-52, Aug. lishment operated for the purpose of wash 1, 1952. ing, ironing, cleaning, refreshing, restoring, pressing, dyeing, fumigating, moth proofing, (Supersedes order 6-R water proofing, or other processes incidental of June 1, 1947.) thereto, on articles or fabrics of any kind. Includes self-service laundries and the col lection, distribution, sale or resale at retail or wholesale of the foregoing services. Ex ceptions: Women employed in administra tive, executive, or professional capacities (as defined). Industries Handling "Industries Handling Farm Products After Women and minors: Farm Products After Harvest,” i. e., any industry, business, or Experienced adult women and mi Harvest, No. 8-52, establishment operated for the purpose of nors. Aug. 1, 1952. grading, sorting, cleaning, drying, packing, Inexperienced women, 18 and over dehydrating, cracking, shelling, candling, (first 200 hours’ employment in (Supersedes order 8-R separating, slaughtering, plucking, pasteur skilled or semiskilled occupa of June 1, 1947.) izing, ripening, molding, or otherwise pre tions). paring any agricultural, horticultural, egg, Minors poultry, rabbit, or dairy products for distri Women 18 and over, in employments bution. Exceptions: Women employed in in which overtime is not prohibited administrative, executive, or professional by State’s labor code, if overtime is capacities (as defined). necessary to process any perishable product to prevent spoiling; cases of emergency. 75 cents an hour... 60 cents an hour 14. SO Do.1® do 14.................................. ...... V/i times employee’s regular rate. Do.1® Over 8 up to and including 12 in any one day and the first 8 hours worked on the 7th consecutive day.17 Double the employee’s regular rate. Over 12 in any one day and over 8 on the 7th consecu tive day.17 (Deductions for meals and/or lodging allowed; maximum charges specified in the order.) See footnotes at end of table. 8 a day, 6 days a week.1® ANALYSIS OF STATE MINIMUM-WAGE ORDERS, JULY 1, 1942-MARCH 1, 1953 State, title and number of order, and effective date * Occupation or industry covered California—Continued Transportation Indus 14Transportation Industries,” i. e., any indus try, business, or establishment operated for tries, No. 9-52, Aug. the purpose of conveying persons or property 1, 1952. from one place to another whether by rail, highway, air, or water, and all opera (Supersedes order 9-R tions and services in connection therewith. of June 1, 1947.) Includes storing or warehousing of goods or property, and the repairing, parking, rental, maintenance or cleaning of vehicles. Excep tions: Women employed in administrative, executive, or professional capacities (as de fined). “Amusement and Recreation Industries,” Amusement and Rec i. e., any industry, business, or establish reation Industries, ment operated for the purpose of furnishing No. 10-52, Aug. 1, entertainment or recreation to the public. 1952. Exceptions: Women employed in administra tive, executive, or professional capacities (as (Supersedes order 10-4 defined). of June 1, 1947.) Colorado: Laundry Industry, No. Laundry, i. e., any trade, business, industry, club, institution or branch thereof engaged 6, Feb. 11, 1951. in (1) washing, ironing, or processing in cidental thereto, for compensation, of cloth (Supersedes order 5 ing napery, blankets, bed clothing, or fabric Aug. 7, 1941.) of any kind whatsoever; (2) the collecting, sale, resale, or distribution at retail or whole sale of laundry services; (3) the producing of laundry service for their own use by business establishments, hospitals, clubs, or profit making institutions; (4) self-service laun dries. Class of employees covered Continued Minimum-wage rates Hours Provisions same as for Order No. 2-52, Personal Service Industry. Provisions same as for Order No. 2-52, Personal Service Industry. Women and minors: Zone A (Denver and Pueblo and a 55 cents an hour____ _________ radius of 5 miles beyond the cor porate limits of these cities; from ___ do.................................... ....... June 1 to Oct. 1, covers Colorado 1 Yi times employee's regular Springs and Estes Park). rate. Zone B (remainder of State and from 45 cents an hour.......... ............... Oct. 1 to June 1, Colorado Springs ___ do............................................ and Estes Park). All employees. times employee’s regular rate. (If a definite type of uniform is required by employer, he must supply them and provide for their care without cost to the employee.) Up to and including 40 a a week.19 Over 40 and including 44 a week. Over 44 a week; over 8 a day in emergencies.20 Up to and including 36 a week.19 Over 36 and including 44 a week. Over 44 a week; over 8 a day in emergencies.20 Retail trade Occupations, No. 7, Feb. 18, 1951. (Supersedes order 2 of Jan. 16,1939.) Beauty Service Occupations, No. 9, Mar. 4, 1951. (Supersedes order 3 of Dec. 4, 1939.) Public Housekeeping Occupations, No. 8, Mar. 10,1951. (Supersedes order 4 of June 16, 1940.) Retail trade, i. e., the performance of any and every type of work concerned with or incidental to the selling or offering for sale any commodity, article, goods, wares, or merchandise, to the consumer, not for the purpose of resale in any form. Beauty service, i. e„ all services or operations used or useful in the care, cleansing, or beautification of the skin, nails, or hair, or in the enhancement of personal appearance, and also services or operations incidental thereto, including the service of maids, cashiers, reception or appointment clerks. Women and minors: Senior operators Junior operators (first 12 months , and operator still in the training period).23 All other employees........................ All employees Public housekeeping includes hotels, restaurants, motels, rooming houses, cottage camps, clubs, hospitals, convalescent homes, sanitariums, private schools, colleges, and any establishment that prepares and offers for sale food or refreshments for consumption either on or off its premises; any business which offers lodging accommodations for hire to the public, to employees, or to members, whether such service is the principal business of the employer or merely incidental to another business. Women and minors: Experienced: Zone A (Denver and adjoining area extending 6 miles from city’s corporate limits). Zone B (remainder of State) Inexperienced (192 hours in the occupation)—Both zones, All employees See footnotes at end of table. Women and minors: Experienced: Zone A (Denver and Pueblo and a radius of 5 miles beyond the corporate limits of these cities; from June 1 to Oct. 1, covers Colorado Springs, Manitou Springs, and Estes Park). Zone B (remainder of State and from Oct. 1 to June 1 the 3 re sort cities mentioned in the Zone A entry). Inexperienced (192 hours in the oc cupation)—Both zones. 55 cents an hour___ _________ Up to 8 a day, 48 a week.*) 45 cents an hour____ ____ _ _. . 80 percent of the applicable mini mum-wage rate.21 1J4 times employee’s regular rate. Do.20 Do.20 Over 48 a week; over 8 a day in emergencies.30 Up to 8 a day or 44 a week.23 Do.32 1H times employee’s regular rate. Do.22 Over 44 a week; over 8 a day in emergencies.20 Up to 8 a day, 48 a week.20 Do.20 80 percent of the applicable miDDo.20 imum-wage rate.21 1 Vi times employee’s regular rate- Over 48 a week; over 8 a day in emergencies.20 ANALYSIS OF STATE MINIMUM-WAGE ORDERS, JULY 1, 1942-MARCH 1, 1953‘—Continued State, title and number of order, and effective date* Occupation or industry covered Class of employees covered Minimum-wage rates Hours Connecticut: Restaurant Occupation, Nos, 4A and 4B, May 15, 1950. (Set aside by the Su perior Court of Hart ford County on Dec. 19, 1950, because of wage board’s failure to comply with the pro cedural provisions of the State’s minimumwage law.) Laundry Occupation, Nos. 2A and 2B, Apr. 17, 1951. (Supersedes order 2 of Sept. 29, 1947, and ex tends coverage to adult males, who had not been covered in the earlier order.) Cleaning and Dyeing Occupation, Nos. 3A and 3B, June 27,1951. (Supersedes order 3 of June 2, 1947, and ex tends coverage to adult males.) Laundry establishments, i. e., any place in Women and mincis; adult males en gaged in production work. which any service in connection with any activity of the laundry occupation is per Women and minors; adult males en gaged in production work in laun formed for compensation, except in domestic dries, who do work ordinarily per service. formed by females or minors under Laundry occupation Includes: (1) any activity 18. in the washing, Ironing or processing, inci dental thereto, of laundry wares and all other operations carried on in establishments engaged in this business; (2) the collecting, sale, resale, or distribution at retail or whole sale of laundry service and the keeping of accounts, billing, and any other clerical work in connection therewith (sec. 2 not applicable to adult males); (3) the produc ing of laundry service for tbeir own use by business establishments, clubs, hospitals, or other public or private institutions except those completely supported by the State or a municipality. Cleaning and dyeing, i. e., cleaning, dyeing, Women and minors; men. Exception: Adult males receiving at least $35 a redyeing, or pressing garments (including hats), upholstery, rugs, or any other fabrics, week. any process incidental thereto, including collecting and receiving such articles for the above purposes, of giving out or collecting such articles after they have been cleaned, dyed, re-dyed, or pressed. Exception: Any such process when carried on in establish ments manufacturing textiles or garments (In cluding hats). 75 cents an hour u...................... . Up to and including 44 a week.** 1H times employee’s regular rate. Over 44 a week.*4 (Deductions for meals and lodging allowed when these constitute a condition of employment. Amounts must be in accordance with rates set by the Labor Com missioner from time to time. Such deductions not allowed during the period employee is receiving training or new experience at a place other than the regular place of work.) 75 cents an hour........................... Up to and including 45 a week.** 1 Yi times employee’s regular rate. Over 45 a week.*4 Session laws 1951, Pub lic Act 352, July 1, 1951. Mandatory, Jan. 1, 1952. (Amends MinimumWage Law to estab lish statutory rate.) Mercantile Trade, Nos. 7A and 7B, Oct. 1, 1951. (Supersedes orders 7A and 7B of Mar. 18, 1946.) Beauty Shop Occupa tion, No. 1, Nov. 1, 1951. (Supersedes orders 1A and IB of Mar. 3, 1947.) Any industry or occupation, with enumerated exceptions such as agriculture, domestic service, persons covered by the Federal Fair Labor Standards Act and others. Women and minors; men. Mercantile trade, i. e., wholesale or retail sell ing of commodities and any operation sup plemental or incidental thereto, including, but not limited to, buying, delivery, mainte nance, office, stock, and clerical work. Exceptions: Repair and service employees if major portion of their duties is unrelated to the mercantile trade as herein defined. Women and minors; men: Experienced full-time and part-time 75 cents an hour... Up to and including 44 a employees. week.37 Full-time and part-time beginners. 60 cents an hour............................ Do.37 (First 1,000 hours in the trade.)38 Both groups 29........ ........ .................... times employee’s regular rate. Over 44 a week.3® Beauty shop, i. e., any shop, store, or place, or part thereof, in which is conducted the business of a hairdresser or cosmetician as these terms are defined in the Cosmetology Act. Women and minors; men: 3-year operators 31 and clerks:33 Full-time.................................... Part-time33................ .............. . Overtime________ __________ 2-year operators3* and learner clerks:33 Full-time__________ ________ Part-time33________ ____ ____ Overtime..................................... . 1-year operators:3B Full-time.............................. ........ Part-time.......... ...................... Overtime_______ ___________ Full-time employees hired after the beginning of the week, or dis missed in good faith as unsatisfac tory before the end of the week or voluntarily absent in any week. Maids, porters, and cleaners 8 See footnotes at end of table. 75 cents an hour. 48 a week (maximum for women and minors in practically all industries or occupations). (Deductions for uniforms or other facilities required by an employer as a condition of employment and the reasonable cost of their maintenance may not be charged to the employee, if this would reduce employ ee’s wage below the mini mum prescribed by this order.) $33 a week____ $6.50 a day____ 95 cents an hour. Any part of 4 or more days a week. 8-hour day or part thereof. Over 44 a week or, if part time worker, over 8 a day.34 $28.50 a week................................. Same as shown for 3-year $6 a day.............. ....................... operators. 85 cents an hour [ $26 a week...... ............................... $5.50 a day__________ _______ ” Same as shown for 3-year operators. 75 cents an hour........................... Weekly wage may be prorated.._ Actual time worked. 75 cents an hour. (Employee may not be charged for uniforms or uni form maintenance, etc., if such charge brings the wage paid below the minimum.) 48 a week (maximum for women and minors). ANALYSIS OF STATE MINIMUM-WAGE ORDERS, JULY 1, 1942-MARCH 1, 1953'—Continued State, title and number of order, and effective date2 District of Columbia: Retail Trade Occupa tion, No. 3, June 16, 1947. (Supersedes order 3 of Feb. 14, 1938.) Occupation or industry covered Class of employees covered Minimum-wage rates “ Retail Trade Occupation,” i. e., the selling or offering for sale at retail of any goods, wares, merchandise, articles, or things, and all occupations, operations, and services con nected therewith or incidental thereto. Employees whose normal workweek is 36 hours or more, voluntarily absent in any week. Basic minimum wage may be prorated. 36 up to and including 44 a week. Actual time worked. Less than 36 a week.37 Do. Student under 18 for whom certificate is in employer’s file (9 months fol lowing original issuance of certifi cate). If employee works a split shift, or spread of hours exceeds 10, or both. Hours Over 44 a week.*® 75 cents a day in addition to the applicable minimum wage. (Uniforms required by em ployer as a condition of employment must be furnished, laundered, cleaned, repaired, and maintained by the em ployer; if purchased by employee, employer must reimburse him or her for the full amount of the purchase price. For each uniform laundered or maintained by em ployee 50 cents must be added to the applicable minimum wage.) Beauty Culture Occu pation, No. 6, Mar. 27, 1948. ' “Beauty Culture Occupation” includes all services, operations, or processes used or useful in the care, cleansing, or beautifica tion of skin, nails, or hair, or in the enhance- Women and minors: Operators and all other employees except maids and cleaners. 34 but not more than 44 a week. 95 cents an hour--------------------- Less than 34 a week.*9 (SuDersedes order 6 of Sept. 26, 1938.) Manufacturing and Wholesaling Occupa tions, No. 8, Nov. 17, 1948. (Supersedes order 8 of June 5, 1939.) ment of personal appearance; and all serv ices, operations, or processes incidental thereto. “Manufacturing and Wholesaling Occupa tions” includes the preparing, producing, or processing, or the selling or offering for sale at wholesale of any goods, wares, merchan dise, articles, or commodities, and all occu pations, operations, and services connected therewith or incidental thereto. Maids and cleaners. ___ do.................................... ........ $24.50 a week................................. week. 75 cents an hour............................ Less than 34 a week.*9 ----- do.................... ....................... Over 44 a week. Employee whose normal workweek Basic minimum wage may be Actual time worked. is 34 hours or more, voluntarily prorated. absent in any week. If employee works a split shift, or 95 cents a day in addition to the spread of hours exceeds 10, or both. applicable minimum wage. Women and minors: Office, plant, and other employees except maids and cleaners. Part time............ ...................... Students under 18 for whom employer has certificates on file (9 months following is suance of certificate). Overtime_____ _____________ Maids and cleaners___ ___________ Part time...______ ___________ Overtime........ ........ .............. .......... Employee whose normal working time is 32 hours or more, volun tarily absent in any week. Employee registered under the District of Columbia apprentice ship law for whom employer has apprentice wage permit on file (12 months following date of appli cation). (If employee furnishes and launders uniforms, $1.50 a week must be added to minimum wage.) $30 a week..................................... 32 but not over 40 a week. 85 cents an hour.......................... 65 cents an hour footnotes at end of table. Less than 32 a week.*7 Do. $1.12% an hour....... ..................... Over 40 a week.*8 $26.40 a week............................... 32 but not over 40 a week. 75 cents an hour Less than 32 a week.*7 99 cents an hour.......................... Over 40 a week.38 Basic minimum wage may be Actual time worked. prorated. 80 percent of the minimum weekly rate. (If employee furnishes and launders uniform $1.50 a week must be added to the minimum wage; if she launders only, $1; if she furnishes only, 50 cents.) See Over 44 a week. 34 but not more than 44 a ANALYSIS OF STATE MINIMUM-WAGE ORDERS, JULY 1, 1942-MARCH 1, 1953 i—Continued State, title and number of order, and effective date * District of Columbia— Continued Office and Miscellane ous Occupations, No. 7, Apr. 25, 1949 (Supersedes order 7 of Mar. 13,1939.) Occupation or industry covered ‘Office and Miscellaneous Occupations,” i.e., all occupations in or for establishments not covered by another minimum-wage order. Includes, but not limited to, work per formed by general office clerks, stenogra phers, typists, bookkeepers, cashiers, vari ous office-machine operators, office boys and girls, ushers, messengers, maids, cleaners, elevator operators, janitors, telephone and switchboard operators, teletype operators, receptionists, library workers, teachers, dental assistants, medical assistants and technicians, and laboratory helpers. Women and minors: All employees except students under 18, elevator operators and janitors, maids and cleaners. Ed. Note: 1949 Order invalidated by U. S. Circuit Court of Appeals, May 28,1953. Laundry and Dry Cleaning Occupa tion, No. 5, Aug. 22, 1951. (Supersedes order 5 of July 8,1946.) Minimum-wage rates Class of employees covered Laundry and dry-cleaning, i. e., any activity concerned with: (1) the washing, cleaning, finishing, refreshing, pressing, mending, or dyeing of wearing apparel (including hats and shoes), household furnishings, textiles, fur, leather, or fabric of any kind whatso ever, or (2) the collection, sale, resale, or distribution at retail or wholesale of any laundry or dry cleaning service. Covers all other operations and services connected with the above or incidental thereto includ ing, but not limited to, services of cashiers, telephone operators, office workers, store Students under 18 for whom cer tificate is in employer’s file (9 months following original issuance of certificate). Elevator operators and janitors........ Hours $31 a week.......... 32 but not more than 40 a 86 cents an hour. .......do............... 65 cents an hour.. Less than 32 a week.37 Over 40 a week.*1 Less than 32 a week. $31 a week. 32 but not more than 44 a 86 cents an hour............... ........... Less than 32 a week.37 ___ do—............................ .......... Over 44 a week.88 $29.75 a week................................ 32 but not more than 44 a Maids and cleaners. 78 cents an hour............... .......... ___ do........................................... Basic applicable minimum may be prorated. Employee whose normal workweek is 32 hours or more, voluntarily absent in any week. If employee works a split shift, or spread of hours exceeds 11, or both. Less than 32 a week.87 Over 44 a week.88 Actual time worked. 95 cents a day in addition to the applicable minimum wage. (If employee furnishes and launders uniforms, $1.50 a week must be added to the minimum wage; if she launders only, $1; if she furnishes only, 50 cents.) $30 a week................................... Women and minors............. —........ ...... 75 cents an hour.......................... Employees beginning work after the beginning of a workweek or resign ing before the end of a workweek, or voluntarily absent in any week. Part time....................... ...... .................. Overtime................................................. If employee works a split shift, or spread of hours exceeds 11. 85 cents an hour........................... $1.12)4 cents an hour--------------75 cents a day in addition to the applicable minimum wage. I (Deductions against the minimum wage allowed only if Over 24 but not more than 40 a week. Actual time worked. 24 or less a week.87 Over 40 a week.88 249600— 5: Public Housekeeping Occupation, No. 4, June 23, 1952. clerks, elevator operators, maintenance workers; and any of the above services performed by an establishment or business for its own use although such services may be incidental to the establishment's princi pal business. “Public Housekeeping Occupation," i. e.: (1) Any activity concerned with the prepara tion and service of food or beverages in any establishment where food or beverages are prepared and served; (2) any activity con cerned with the servicing and cleaning of any establishment offering rooms for rent, office building, theater, and retail store; (3) all operations and services connected with (1) and (2) above, except clerical services in office buildings, theaters, and retail stores. written consent of employee and written approval of the Minimum Wage and Indus trial Safety Board are ob tained.) Women and minors: Resident managers, hostesses, tele phone operators, hat-check girls, elevator operators, cashiers, cleri cal workers, cooks, salad girls, food checkers, steamtable attend ants, bus girls, and other em ployees serving food or beverages in the establishments specified in the order. Maids, linen-room girls, cleaners, vegetable girls, dishwashers, kit chen helpers, and all similar workers. Waitresses (as defined)........................ Hawaii: Revised Laws 1945, ch. 75, as amended by Act 15, session laws, 1945 and Act 180 of |1951. Amended rates effective July 1, 1945. All employment. Exceptions: Public employ ment; persons at a guaranteed monthly salary of $300 or more; agricultural work in any workweek in which employer has fewer than 20 employees; domestic service; em ployment by relatives as specified in the act; work in a bona fide executive, administra tive, supervisory, or professional capacity or in the capacity of outside salesmen or as out side collectors; the propagating, catching, cultivating, etc., of fish, shellfish, and the various other aquatic forms of animal or vegetable life (including the going to and returning from work and the loading and unloading of such products prior to first proc essing); seamen; employments covered by the Federal Fair Labor Standards Act; as specified; drivers of vehicles carrying passengers for hire, operated solely from a fixed stand; golf caddies. See footnotes at end of table. U> 40 to 48 a week. Less than 40 a week.89 Over 48 a week.8* $26 a week 67 cents an hour..____________ ----- do................................... ......... 40 to 48 a week. Less than 40 a week.89 Over 48 a week.88 $22.50 a week................................. 60 cents an hour.._____ ______ -----do............................................. If employee works a split shift or 60 cents a day in addition to the spread of hours exceeds 11. applicable minimum wage. I (Supersedes order 4 of Jan. 1, 1946.) $30 a week........ _ 75 cents an hour. ----- do................. 36 to 48 a week. Less than 36 a week.89 Over 48 a week.88 (Deductions for meals, lodg ing, and uniforms allowed.) All employees, 16 years of age and over. 40 cents an hour 41......................... 48 a week. times regular rate____ _____ Over 48 a week. (Reasonable deductions from minimum wage permitted for board and for lodging. Employer must furnish uni forms if nature of the busi ness requires employees to wear them.) ANALYSIS OF STATE MINIMUM-WAGE ORDERS, JULY 1, 1942-MARCH 1, 1953 to Continued 00 State, title and number of order, and effective date3 Illinois - ............................. Kansas....... ...................... Kentucky: All Industries and Oc cupations. Directory, Feb. 8, 1947. Mandatory, May 27, 1947. (Supersedes order of June 1, 1939.) Hotel and Restaurant Industry. Directory, Feb. 26, 1951. (Supersedes order (un numbered) which be came mandatory Apr. 1, 1943.) Occupation or industry covered Class of employees covered Hours Minimum-wage rates No change since 1942 in orders now in effect.42 No wage rates now in effect. All occupations. Exceptions: Labor on a farm; domestic service in home of the employer; firms subject to regulation by the State Public Service Commission; employment under any special State wage order. (Two special minimum-wage orders are currently in effect: (1) the laundry, dry cleaning, and dyeing order (see Women's Bureau Bulletin No. 191) and (2) the hotel and restaurant order.) Women and minors; Experienced:43 Zone 144............ Zone 2 44............ Zone 3 44............ All 3 zones____ Hotels, i. e., establishments having more than 10 guest rooms, which offer lodging accom modations for hire to the general public and have transient guests. Restaurants, i. e., establishments preparing and offering for sale food for consumption. Women and minors Zone 1:44 Nonservice----- 50 cents an hour.......................... 45 cents an hour.......—........ ....... 40 cents an hour \y2 times minimum rate............. (Deductions for meals and lodging permitted only when employee is domi ciled with employer and a written agreement made as to any such deductions. Order specifies maximum charge for meals and for lodging.) Up to 48 a week. Do. Do. Over 48 a week.45 60 cents an hour.................. ....... Up to and including 48 a week. Over 48 a week.45 Up to and including 48 a week. Over 48 a week.45 Service............. 90 cents an hour......................... 45 cents an hour...----------:----- Zone II:44 Nonservice----- 58 cents an hour—.................... 67K cents an hour----------------- Service.............. 87 cents an hour.......................... 43 cents an hour 64^*2 cents an hour Zone III:44 Nonservice___ 56 cents an hour.......................... Service.—......... 84 cents an hour....................— 41 cents an hour—.................... If spread of hours exceeds 12, or employee has more than one interval off duty (excluding any 61H cents an hour----------------60 cents a day in addition to the hourly wage earned. t Up to and including 48 a week. Over 48 a week.45 Up to and including 48 a week. Over 48 a week.45 Up to and including 48 a week. Over 48 a week.45 Up to and including 48 a week. Over 48 a week.45 * meal period of 1 hour or less) or if both situations occur. Louisiana Maine Massachusetts: Session laws 1946, ch. 545, Sept. 11, 1946. Dry Cleaning Occu pation, No. 29. Directory, May 2, 1949. Mandatory, Aug. 2, 1949. (Supersedes order 1-A of Feb. 1, 1944, which superseded order 1 of Oct. 1, 1937. This present order sep arates the dry clean ing and laundry in dustry.) Laundry Occupations, No. 30. Directory, June 1, 1949. Mandatory, Sept. 1, 1949. (Supersedes order 1-A of Feb. 1,1944, which superseded order 1 of Oct. 1, 1937. This present order sep arates the laundry and dry-cleaning in dustries.) No orders issued. No order now in effect. Coverage of Minimum-Wage Law and existing orders extended to men. “Dry-Cleaning Occupation," i. e., any activity Women and minors; men: connected with the cleaning, dyeing, wet Experienced_________ cleaning incidental to dry-cleaning, spotting, finishing, pressing, repairing, altering, or storing of any article of wearing apparel (in Inexperienced (320 hours) cluding hats), household furnishing, rugs, textiles, furs, and leather; or any other em ployment connected with the cleaning and dyeing industry not covered by another minimum-wage order. Exceptions: Sales persons in this industry who are connected with: (1) The soliciting of sales or oppor tunities for sales; (2) the collection, distribu tion, sale or resale of merchandise for dry cleaning service; or (3) services rendered incidental to the sale or resale of dry cleaning services. “Laundry Occupations," i. e., any activity Women and minors; men. connected with the washing, ironing, or processing incidental thereto, for compensa tion, . of clothing, napery, blankets, bed clothing, or any article of wearing apparel, household furnishings, rugs, or textiles, or of any other employment connected with the laundry industry not covered by another minimum-wage order. Exceptions: Sales persons in this industry who are connected with: (1) The soliciting of sales or oppor tunities for sales; (2) the collection, distribu tion, sale or resale of merchandise for laundry service; or (3) services rendered incidental to the sale of laundry services. See footnotes at end of table. 8 (No deductions may be made against the minimum wage for meals. Employer and employee may, however, voluntarily reach an agree ment but the amount charged may not exceed 25 cents a meal.) 65 cents an hour. 60 cents an hour................. ......... (Deductions bringing wage below minimum allowed only if consent of employee and approval of Minimum Wage Commission are ob tained. If uniforms are required as a condition of employment, the employer must furnish and maintain them.)48 57 cents an hour. (Deductions bringing wage below minimum allowed only if consent of employee and approval of Minimum Wage Commission are ob tained. Deductions from minimum wage for meals and lodging permitted if employee de sires these accommodations. Maximum charges specified in order. If uniforms are required as a condition of employment, the employer must furnish and maintain them.)48 Maximum for women and minors, 9 a day, 48 a week.49 47 Do.49 47 Maximum for women and minors, 9 a day, 48 a week.48 47 • ANALYSIS OF STATE MINIMUM-WAGE ORDERS, JULY 1, 1942-MARCH 1, 1953 ‘—Continued State, title and number of order, and effective date * Massachusetts—Con. Clerical, Technical, and Similar Occupations, No. 24-B, June 16, 1950. Occupation or industry covered Class of employees covered “Clerical, Technical, and Similar Occupa Women and minors; men:49 Experienced employees.. tions,” i. e., all occupations in any general, business, professional, or technical office, or in any laboratory, hospital, library, school, Inexperienced employees (800 hours telephone, telegraph, or broadcasting estab in the occupations; but if covered lishment, funeral director’s establishment, (Supersedes orders 24 of by the On-the-Job-Training Pro or in messenger service or other establish Aug. 1, 1941, and gram or the Apprentice Training ments wherein workers are employed in any 24-A of Mar. 1,1947.) Program, 1040 hours). capacity in which the services of any kind and wheresoever performed are of a clerical or technical character. Order applies to all functions within these occupations which are not specifically governed by another mini mum-wage order. Includes persons whose duties are related to general office, professional, or technical work in any establishment, whether business, medical, dental, technical, or legal, such as office boys or girls, file clerks, general office clerks, stenographers, typists, bookkeepers, cashiers, various machine operators, tele phone and switchboard operators, recep tionists, library workers, draftsmen, tech nicians, including dental and medical tech nicians and laboratory assistants. Stu dents working for the whole or part of their tuition and/or maintenance at a school, college, or summer camp which they are attending, are excluded from the basic wage rates of this order. Public Housekeeping “Public housekeeping industry” includes any Women and minors; men: Nonservice employees (including activity in establishments directly or in Occupations, No. counter workers, unless special directly connected with the preparation of 25-B, Aug. 1, 1950. permission is granted by the and offering of food or beverages for human Minimum Wage Commission). consumption; and the offering or furnishing (Supersedes order 25-A, Service employees............................... of rooms or lodgings for remuneration, or other mandatory Mar. 2, services rendered, either to the public, em 1948. Transfers to this ployees, members or guests of members, pay present order occupa ing guests, students, or others, whether as tions covered by the the principal business of the employer or as Building Service a unit of another business. order of 1949, if they Minimum-wage rates 65 cents an hour. 60 cents an hour........................... Hours Maximum for women and minors, 9 a day, 48 a week.49 50 Do.49 80 (Deductions, other than those required by law, bringing wage below the minimum allowed only if consent of employee and approval of Minimum Wage Commis sion are obtained. Deductions for meals and lodging permitted at prices specified in the order. If uniforms are required as a condition of employment the employer must furnish and maintain them.)48 65 cents an hour.51. 45 cents an hour.51. (Deductions for meals and lodging permitted at prices specified in the order. But deductions bringing wages 9 a day, 48 a week (maxi mum for women and minors).49 60 Do.49 90 are in establishments covered by this present order.) Personal Services Occu pations, No. 23 B, Dec. 14, 1950. (Supersedes Beauty Culture Order 23, Mandatory Apr. 1, 1943.) Public housekeeping occupations include the work performed by waitresses, cooks, counter and salad workers, food checkers, bus and vegetable workers, dish and glass washers, kitchen help, maids, cleaners, chambermaids, housekeepers, practical nurses, ward aides, housemen, stewards, parlormaids, linen room girls, checkroom attendants, matrons, hosts, hostesses, ele vator operators, janitors, shippers and re ceivers, bell men, doormen, baggage porters, and watchmen, including, but not limited to, all nonprofessional workers engaged in public housekeeping establishments, except employees specifically included under another minimum wage order. Establishments include restaurants, fountain lunch counters, cafeterias, caterers, and all other establishments where lunches, meals, or food in solid and/or liquid form are pre pared for and served to the public or to be consumed on the premises; hotels, seasonal hotels, camps, clubs, hospitals, convalescent homes, private schools, colleges, and other establishments offering rooms for rent. “Personal services industry” includes all es Women and minors; men: tablishments which perform, directly or in Barbering and hairdressing: directly, any service, operation, or process Experienced.................................. used or useful in the care, cleansing, or beauti Inexperienced (first 1,040 hours fication of the body, skin, nails or hair, or in the occupation). in the enhancement of personal appearance or All other employees except maids health; including, but not limited to, barber Maids................................................. and beauty shops, scalp treatment shops, bath and massage parlors, physical condi tioning and weight control salons. Excep tions: Cashiers, receptionists, appointment clerks, and clerical workers, whose jobs are covered by the Clerical, Technical, and Similar Occupations Order. See footnotes at end of table. CO below the minimum allowed, only if consent of employee and approval of Minimum Wage Commission are ob tained. If uniforms are required to be worn as a condition of em ployment, the employer must furnish and maintain them.)48 70 cents an hour______________ 60 cents an hour 82_____ ______ 70 cents an hour.......................... . 60 cents an hour (Deductions, other than those allowed by law, bringing wage below the minimum allowed only if consent of employee and approval of the Minimum Wage Com mission are obtained. If employee is required to furnish and/or launder his or her own uniform, $1.50 a week must be added to the wage required by this order.) 9 a day, 48 a week (maximum for women and minors).« » Do.4® » Do.4® » ANALYSIS OF STATE MINIMUM-WAGE ORDERS, JULY 1, 1942-MARCH 1, 1953 »—Continued CO to State, title and number of order, and effective date2 Massachusetts—Con. Food Processing Occu pations, No. 31, Oct. 20, 1951. (Supersedes three man datory orders—Can ning and Preserving, No. 19 of Mar. 2,1939; Candy, No. 6 of Mar. 1, 1943; and Bread and Bakery Prod ucts, No. 15-A of Oct. 1,1944.) Occupation or industry covered Food processing, i. e., the preparation, process Women and minors; men:49 Experienced____ ______ ing, or packaging of food for human or other Inexperienced (600 hours). consumption, including, but not limited to canning, preserving, and the production of candy, confectionery, bakery products, dairy products, malt beverages, or soft drinks. Exceptions: Occupations within the industry covered by another minimum-wage order. Mercantile Occupations, “Mercantile occupations” include any indus try or business connected with or operated for No. 26-B, Dec. 26, the purpose of selling, purchasing, or dis 1951. tributing merchandise, wares, goods, articles, services, or commodities to retailers, whole (Supersedes mandatory salers, or industrial, commercial, or individ order 26-A of Oct. 1, ual users. Includes all work connected 1948.) with the soliciting of sales or opportunities for sales or the distributing of such mer chandise, wares, etc., and the rendering of services incidental to the sales, use, or upkeep of same, whether performed on employer’s premises or elsewhere; the selling of ice cream and soft drinks where the selling of such commodities is not the main business of the establishment. Covers all types of mercantile occupations other than those determined by the Minimum Wage Com mission to be of such a nature that the em- Class of employees covered Women and minors; men:49 Full-time employees: Experienced—................ Inexperienced (780 hours) Part-time employees: Experienced----------------Inexperienced (780 hours) Minimum-wage rates Hours 75 cents an hour........................ . 9 a day, 48 a week (maxi mum for women and 65 cents an hour 52........ .............. minors) .4 85° (Deductions, other than those allowed by law, bringing wage below the minimum allowed only if consent of employee and approval of Minimum Wage Commis sion are obtained. Deductions for meals and lodging permitted at prices specified in the order. If uniforms are required to be worn as a condition of employment, the employer must furnish and maintain them.)48 $27 a week..................................... 36 but not more than 44 a week, m 67^ cents an hour------------------ Over 44 a week.48 $24 a week................................... 36 but not more than 44 a week.®3 60 cents an hour_----- -------------- Over 44 a week.48 67cents an hour...................... 60 cents an hour (Deductions, other than those allowed by law, bringing wage below the minimum allowed only if consent of employee and approval of Minimum Wage Commission are obtained. Less than 36 a week.®8 Do.®° v Amusement and Rec reation Occupations, No. 27-A, Aug. 18, 1952. (Supersedes order 27 which became man datory Feb. 1,1949.) Session laws 1952, ch. 658, Sept. 30, 1952. (Amending ch. 151 of the General Laws as last amended by ch. 777 of 1949 to establish a 65-cent statutory rate.) ployer is unable to keep true records of the number of hours worked by the employee— outside salespersons and persons customarily receiving gratuities are named as such ex ceptions. Permit must be obtained. Ex ceptions: Functions within the mercantile industry specifically covered by another minimum-wage order. (Salespersons in laundry and dry-cleaning establishments, however, are specifically covered by the present order.) “Amusement and Recreation Industries," Women and minors; men: i. e., all activities and services performed in Regular employees___ connection with a business or enterprise engaged in or operated for the purpose of furnishing entertainment or recreation to Ushers..___ _______ the public, including but not limited to, Casual employees 54. motion-picture and other theaters, night Caddies: clubs, dance halls, bowling alleys, billiard Experienced____ parlors, skating rinks, riding academies, Inexperienced 55_.. race tracks, amusement parks and centers, athletic fields, ball parks and stadiums, swimming pools and beaches, gymnasiums, golf courses, tennis courts, carnivals, cir cuses, broadcasting studios, boat houses, arenas, and all other similar establishments. Exceptions: Activities in this field specifi cally governed by another minimum-wage order. All occupations within coverage of the mini mum-wage law for which no specific wage has been established by a minimum-wage order. See footnotes at end of table. Women and minors; men. If uniforms are required to be worn as a condition of em ployment, the employer must furnish and maintain them. (Payment to an employee for laundering her uniforms may not be considered as part of the wages.) 70 cents an hour__________ 62^ cents an hour_____ .. Maximum for women and minors, 9 a day, 48 a week.4818 Do.48 Do.4818 $1.25 per round.......... .................. $1.00 per round......................... . (Deductions, other than those required by law, bringing wages below the minimum allowed only if consent of employee and approval of the Minimum Wage Com mission are obtained. Deductions for meals and/or lodging allowed: maximum charges specified in the order. If uniforms are required to be worn as a condition of em ployment, the employer must furnish and maintain them.48) 75 cents an hour___ ____ ____ w. ANALYSIS OF STATE MINIMUM-WAGE ORDERS, JULY 1, 1942-MARCH 1, 1953 '—Continued State, title and number of order, and effective datea Massachusetts—Con. Building Service Occuations, No. 28A, >ec. 1, 1952. E (Supersedes order 28, which became man datory Aug. 2, 1949.) Minnesota: Retail Merchandising Business, No. 18, June 30, 1947. (Separates this indus try from the All Occupations order of July 11,1938.) Occupation or industry covered “ Building Service Occupations," includes but is not limited to the work or service per formed by charwomen, window cleaners, sweepers, janitors, caretakers, elevator operators and starters, watchmen, guards, helpers, attendants, and all other employees engaged in or concerned with the cleaning, servicing, maintenance, protection, and up keep of buildings and establishments, in cluding private schools and colleges, and excepting churches. Women and minors; men: Employees other than those classi fied as residential property em ployees. "Retail Merchandising Business," i. e., the trade of selling any commodity, article, goods, wares, or merchandise to the con sumer and not for the purpose of resale in any form. 70 cents an hour. Residential property employees....... 65 cents an hour. If living quarters not furnished as $28 a week------part of wage. If living quarters furnished as $26 a week..................................— part of wage. (Deductions, other than those allowed by law, bringing wage below the minimum allowed only if written con sent of employee and ap proval of Minimum Wage Commission are obtained. Deductions for lodging al lowed at amounts specified in order. Deductions for living quarters limited to "a reasonable rental for such space"; in no case may resulting wage be less than the applicable minimum.) Women and minors: Experienced: Class A and Class B cities.58- !$22.50 a week— 55 cents an hour. Class C cities38---------------Class D cities 38._................. Hours Minimum-wage rates Class of employees covered ___do................. $21.50 a week— 50 cents an hour ___do................. $20 a week------45 cents an hour ___do............. { Maximum for women and minors employed in the establishments listed in footnote 46, 9 a day, 48 a week.*0 Less than 28 a week. 28 or more a week. Do. 36 to 48 a week. Over 48 a week.,T Less than 36 a week. Same as for class A and B cities. 1[ I Do. Inexperienced, 18 years of age or over: Class A and Class B cities: M First 3 months.-.......................... Second 3 months.. Class C cities:56 First 3 months_ _ Second 3 months.. Class D cities:88 First 3 months_ _ Second 3 months.. Minors under 18 years of age in each class of cities. Nevada: Wage fixed in law. Rates effective Mar. 22, 1945. (1941 Supp. to Compiled Laws, secs. 2825.45-46; ses sion laws: 1943, ch. 88; 1945, ch. 166.) $19 a week........... 40 cents an hour.. ---- do.......... ........ $20.50 a week___ 45 cents an hour.. ___do................... $17.50 a week___ [37 cents an hour.. . ..do................... $19 a week_____ 40 cents an hour.. ___do_________ a -week........ ........................... cents an hour........................ do........................................... $17.50 a week..____ _________ 37 cents an hour.......................... .---- do........................................... Rates same as for inexperienced in first 3 months. Do. Do. Do. Do. Do. Do. (Deductions for meals al lowed. Amounts specified in order.) Private^employment. service. Exception: Domestic Females: Experienced..................... Inexperienced (3 months) All...................................... $4 a day, $24 a week.. 50 cents an hour....... . $3 a day, $18 a week (if stipu lated by employer and em ployee). l]4 times employee’s regular rate. (Deductions for meals and/or lodging allowed as specified in the law. If special uniforms are re quired by employer he must furnish and launder them without cost to the em ployee.) See footnotes at end of table. Same as for experienced. 8 a day, 48a week. Less than 8 a day; less than 48 a week.** 8 a_day, 48 a,week. Over 8 to 12 a day; over 48 to 56 a week (in emergencies as specified). CO o ANALYSIS OF STATE MINIMUM-WAGE ORDERS, JULY 1, 1942-MARCH 1, 1953 ‘—Continued State, title and number of order, and effective date2 New Hampshire: Retail Trade Occupation, No. 5-A, Dec. 30, 1946. Occupation or industry covered Class of employees covered “ Retail Trade Industry/’ i. e., any retail es tablishment or any retail activity, unless and until the specific employment is gov erned by a minimum-wage order other than this general retail order. Women and minors: Experienced.......... Session laws 1949, chs. 310, July 28, 1949 and 82, Apr. 20, 1951, amending ch. 213, Revised Laws 1942; Attorney General’s interpretation of Sept. 9, 1949 m “ Any employees.” Exceptions: Employees engaged in household, domestic, or farm labor; outside salesmen; summer camps for minors; restaurants, hotels, inns, or cabins; employees subject to provisions of the Federal Fair Labor Standards Act and regulations or orders issued thereunder. Women and minors; men: Experienced___________ Inexperienced (6 months) Laundry Occupation, July 28, 1949. “Laundry Occupation,” i. e., any activity directly concerned with the washing, iron ing or processing of laundry wares; collec tion, distribution or sale of laundry services; producing of laundry services either on their own behalf or for others by business estab lishments, clubs, institutions, and over night camps. Laundry establishment, 1. e., any place in which any phase of laundry service is con ducted. Women and minors: Experienced.......... (Supersedes order 5 which became man datory Jan. 6, 1941.) (Amends mandatory order 2 of July 1, 1938.) Dry cleaning Occupa “Dry Cleaning Industry,” i. e., any activity tion, No. 7. directly connected with cleaning, dyeing, Directory, July 28, pressing or processing of any article of wear 1949. ing apparel, household furnishings, or fab rics of any kind whatsoever; and any process (Amends directory or incidental thereto, including collecting and der 7 of May 20,1940.) receiving such articles for the above pur poses, or giving out or collecting such articles after they have been cleaned, dyed or pressed. Inexperienced 41 (6 months) Inexperienced (3 months) Women and minors: Experienced____________ Inexperienced41 (3 months). Minimum-wage rates 50 cents an hour. 35 cents an hour. Hours 10H a day, 54 a week" (maxi mum for women ; and minors).4®40 Do.88 40 50 cents an hour............... ........... Maximum for females and 35 cents an hour (on permit)___ minors: 10 a day, 48 a week for manual or mechanical labor in any# manufac turing establishment; 10J4 a day, 54 a week for such labor in other employ ments. 50 cents an hour. Maximum for women and minors, 10H a day, 54 a week.44 35 cents an hour._____ _______ Do.43 (Deductions for meals and lodging allowed; maximum rates specified in the order. If uniforms are required, a fair charge may be deducted for them but this must not be more than the uniform’s actual cost.) 50 cents an hour___ __________ 35 cents an hour_________ ____ (No deductions from the minimum wage allowed ex cept for Social Security Taxes.) Do. Do. Beautician Occupation, No. 4-A, July 28, 1949. “Beautician Occupation,” i. e., any activity directly concerned with hairdressing, mani curing, or any other branch of cosmetology. (Amends order 4-A which became man datory Feb. 2, 1942.) Restaurant Occupa tion, No. 3A, Oct. 1, 1950. (Supersedes mandatory order 3 of Nov. 1, 1938.) Hotel, Cabin and Tour ist Home Occupa tions, Directory order No. 8, Jan. 1,1952. Maximum for women and minors, 10M a day, 54 a week.so curists who are not licensed hair dressers. Students enrolled in registered schools who work on paying customers. Restaurant occupation, i. e., any activity Women and minors: directly concerned with the preparation and serving of food to the public for pay, in any establishment where at least 10 people are served per day, where lodging is not also provided to the public for pay. Restaurant establishment, i. e., any estab lishment which prepares and offers for sale > food for consumption either on any of its premises, or by catering and banquet serv ice, box-lunch, or curb service; the term “food” includes nutritive material intended for human consumption, in solid or liquid form, whether cooked or uncooked, or other wise prepared, excluding, however, medic inal or quasimedicinal preparations. “Hotel,” i. e., any establishment including Women and minors under 21: tourist homes, inns, and cabins, which as a Nonservice employees (all hotels)... whole or a part of its business activities, of Service employees:16 fers lodging accommodations for hire to the public, to employees, or to members or guests of its members, and services in connection therewith or incidental thereto. (Covers both resort hotels (as defined) and all-year hotels.) See footnotes at end of table. Women and minors: 50 percent of the charge made for the service. (No deductions from the mini mum wage, other than taxes, allowed unless labor com missioner has approved.) (50) (05). (50) (05). (Deduction of 40 cents per meal allowed but total per week may not exceed $4.80 or 12 meals.) (85). (M). (65). (Deductions for meals and/or lodging allowed, the rates to conform to rates established by the State’s Unemploy ment Compensation Bu reau.) ANALYSIS OF STATE MINIMUM-WAGE ORDERS, JULY 1, 1942-MARCH 1, 1953 co 00 State, title &Dd number of order, and effective date1 New Jersey: Beauty Culture Occu pations, No. 6, Jan. 10, 1943. Restaurant Occupa tions, No. 6, Aug. 13, 1943. Occupation or industry covered "Beauty Culture Occupations,” i. e., services, operations, or processes used or useful in care, cleansing, or beautification of skin, nails, or hair, or in enhancement of personal appear ance; and all services incidental thereto, in cluding work of demonstrators, maids, cashiers, reception or appointment clerks. Beauty culture establishment includes any shop, store, place, room or part thereof, in which services are rendered in the beauty culture occupation, or any branch thereof and a charge is made to the public for such services. Employee, i. e., any person working under the instruction or direction of the employer or his agent, including part owners, stockhold ers, booth owners, booth renters, and in structors. Exceptions: Students in public vocational school or private trade school op erated, licensed, or approved by State Board of Education, for whose service no charges other than the actual cost of materials used shall be made for the work done as part of training. "Restaurant Occupations,” i. e., any eating or drinking place which prepares and offers food or beverage for human consumption either on any of its premises or by such serv ice as catering, banquets, box lunch or curb service, to the public, to employees, or to members or guests of members. Exceptions: Person working in a nonprofit institution who, while so working, receives from such institution benefits of a charitable or educa tional nature or instruction and training in a recognized profession and whose work for such institution is an incident of his or her receipt of such benefits; persons subject to the provisions of another minimum-wage order of the State.88 Class of employees covered Women and minors: Other than maids. Maids................... All..................... Women and minors: x Service employees, i. e., employees whose duties relate solely to the serving of food to patrons seated at tables, or at tables and counters in establishments where all food is prepared in a kitchen separate from the room in which food is served, and to the performance of duties incidental thereto, and who customarily receive gratuities from such patrons. Nonservice employees, i. e., em ployees not in service group. If employee works a split shift or spread of hours exceeds 10 a day. Continued Minimum-wage rates Hours $18 a week..................................... 48 a week. Do. $15 a week................ .................... IVi times minimum hourly rate.. Over 48 a week. 40 cents an hour; not under Less than 48 a week. $1.40 on any day called to work. 32H cents an hour 87_ 35H cents an hour... 4894 cents an hour.-. 24 up to 48 a week. Less than 24 a week.*7 Over 48 a week.88 45 cents an hour 87 48 cents an hour.......................... 67 V4 cents an hour....................... 50 cents a day in addition to the applicable minimum wage. 24 up to 48 a week. Less than 24 a week.*7 Over 48 a week.88 Laundry and Clean ing and Dyeing Oc cupations, No. 7, Oct. 23,1946. (Supersedes orders 1 (laundry) of July 11, 1938, and 4 (cleaning and dyeing) of May 6, 1940.) Retail Trade^Occupations, No. 8, June 6, 1949. “Laundry and Cleaning and Dyeing Occupa tions," i. e., any activity in any capacity in the marking, sorting, washing, cleansing, collecting, ironing, assembling, packaging, pressing, receiving, shipping, or delivery, or any other activity, including clerical work, directly incidental or essential to the laundering, cleansing, or renovating of any article of clothing, napery, blankets, rugs, carpets, draperies, bed clothing, fabric, tex tile, fur, or leather, when such activity is not performed in the original process of manufacture. The term “clerk" includes employees coming under the jurisdiction of this order, who are engaged only in clerical or accounting work, regardless of where such work is performed, or engaged in selling of cleaning, dyeing, laundry, and other kindred services in re tail outlets, including the handling of the same, for the purpose of receipt or delivery over a store counter, but not engaged in any other processing of such articles. “Retail Trade Occupations," i. e., any indus try or business selling or offering for sale to the consumer any type of merchandise, wares, goods, articles, or commodities. In cludes the soliciting of sales or opportunities for sale and the distributing of such mer chandise, wares, etc., and the rendering of services incidental to the sale, use, or upkeep of the same whether performed on the em ployer’s premises or elsewhere. Exception: Employee in a retail trade establishment engaged solely in occupations covered by another minimum-wage order. See footnotes at end of table. Women and minors: Other than clerks (18 years and over): Zone A 89____ ________________ Zone B 89............... Clerks (18 and over). Minors under 18....... Women and minors: Zone A 89_.............. Zone B 89_______ (Deductions for meals of both service and nonservice em ployees and for meals and lodging of residential em ployees allowed as specified in the order.) 10 a day, 54 a week (maxi mum for laundries).37 Do.37 45 cents an hour 70..................— 30 to 48 a week.37 $22 a week______ ____ _ At hourly minimum rate ap Less than 30 a week.37 plicable to nonclerical workers. ----- do.............. ..................... ........ 8 a day, 40 a week (maxi mum). 50 cents an hour70. 60 cents an hour... 90 cents an hour... 55 cents an hour..82^ cents an hour. 40 or less a week.7* Over 40 a week.88 44 or less a week.71 Over 44 a week.88 ANALYSIS OF STATE MINIMUM-WAGE ORDERS, JULY 1, 1942-MARCH 1, 1953 ^Continued State, title and number of order, and effective date1 Occupation or industry covered New York: Session laws 1944, ch. 792, July 1,1944. Coverage of Minimum-Wage Law extended to men. Retail Trade Industry, No. 7. Directory, Nov. 12, 1945. Mandatory, May 19, 1947. “Retail Trade Industry" includes selling or offering for sale at retail and/or wholesale any goods, wares, merchandise, articles or things, and all occupations, operations, and services in connection therewith or inci dental thereto. Exceptions: Establishment engaged solely in wholesale trade; employ ment exclusively at wholesale in an estab lishment engaged in both wholesale and retail trade which realizes less than 25 per cent of its gross annual receipts from retail sales; employees in any workweek when employed solely at an occupation or in any industry governed by another minimumwage order of the State. Class of employees covered Women and minors; men-................... Employee whose normal hours are over 30 and up to 40, taking volun tary leave in any week. Cooperative students and pharmacy apprentices. Minimum-wage rates $21 a week............. 52M cents an hour. Over 30 and up to 40 a week. Actual time worked. 50 cents an hour... Up to and including 48 a week. Over 48 a week.72 30 or less a week.27 75 cents an hour... 57J3 cents an hour. Part-time employees............................. Overtime: In communities having a population of: 10,000 and over....... ......................... 79 cents an hour... Over 5,000 and under 10,000........... 52^6 cents an hour. 5,000 and under72. If employee works a split shift, or spread of hours exceeds 11, or both. Hours 79 cents an hour... 52H cents an hour. 79 cents an hour................. ........ 75 cents a day in addition to the applicable minimum wage. (The minimum wage shall be subject to no deduc tions other than those specifically authorized by law. If uniforms are required as a condition of employ ment, employer must furnish and maintain them. If uniform is pur chased by employee, em ployer must reimburse her for the full amount of the purchase price; if em ployee launders, cleans, repairs, or maintains her uniform, employer must pay the usual commercial charge for such service.) Over 40 a week.72 Over 40 but not more than 44 a week. Over 44 a week.72 Over 40 but not more than 48 a week. Over 48 a week.72 Amusement and Rec reation Industry, No. 8,*Apr.*22, 1951. “Amusement and Recreation Industry” in cludes all establishments whose primary service is to provide amusement, entertain ment, or recreation, including establish ments which produce and distribute motion pictures and services allied to this such as casting and rental of motion-picture film or equipment. Includes owners, lessees, and concessionaires whose business is incidental thereto or in connection therewith, or a part thereof, and such services as are allied therewith. The industry includes, but is not limited to, motion-picture and other theaters, dance halls and studios, ballrooms, bowling alleys, billiard parlors, skating rinks, riding acade mies, race tracks, and stables, amusement parks and centers, penny arcades and other coin-operated amusement device parlors, athletic fields, arenas, ball parks and sta diums, swimming pools, beaches, gym nasiums and slenderizing salons, golf courses, tennis courts, carnivals, circuses, boat houses, card clubs, and other similar estab lishments, as well as play producing or other entertainment-producing companies, the atrical agents, ticket brokers, and profes sional sports promoters; allied services op erated in connection with amusement and recreation establishments, such as check rooms and parking lots. Exceptions: Establishments engaged in the operation of radio and television broadcast ing stations; nonprofit organizations organ ized exclusively for religious, charitable, or educational purposes; also summer theater apprentice actors, cabana boys, and rolling chair pushers; volunteer members of the National Ski Patrol System, Inc.; employees of an amusement and recreation establish ment when working solely at an occupation covered by another minimum-wage order of the State. See footnotes at end of table. Women and minors; men; All employees except as indicated below. Cashiers, cleaners, porters, and matrons in motion-picture thea ters: In cities of: Over 50,000 population and all communities in Nassau and Westchester Counties. 10,000 to 50,000 population ex cept communities in Nassau and Westchester Counties. Less than 10,000 population except communities in Nas sau and Westchester Coun ties. Ticket takers and doormen in motion-picture theaters: (Population groups same as etc.) Ushers, ramp and checkroom at tendants, other unclassified-serv ice staff workers, and messengers in motion-picture theaters; bat boys, ball chasers; scoreboard boys, and messengers in profes sional sports promotion and ex hibition: In New York City, and Nassau and Westchester Counties. ants and locker-room attendants at beaches and pools. Pinsetters: In New York City, and Nassau and Westchester Counties. Ushers at sports exhibitions: In cities of over 150,000 population. In the remainder of the State $2 per event.............. .................. (74). (74). ANALYSIS OF STATE MINIMUM-WAGE ORDERS, JULY 1, 1942-MARCH 1, 1953 ^Continued State, title and number of order, and effective date* New York—Continued Amusement and Rec reation Industry, No. 8, Apr. 22,1951.—Con. Occupation or industry covered Class of employees covered Womens and minors; men: Golf caddies: In New York City and Nassau and Westchester Counties. In the remainder of the State. Confectionery Indus '* Confectionery Industry” includes all activ Women and minors; men: ities, services, and processes in the manu Full-time employees78 _. try, No. 3-b, Mar. 3, facture, preparation, and packaging of candy, 1952. confections, sweetmeats, chewing gum, Part-time employees r#_. sweetened cough drops, and sugared nuts. (Supersedes order 3-a of All occupations necessary to the production Nov. 30, 1947.) Employee employed for at least of the articles specified, including but not 32 hours on 4 days in any week, limited to office, clerical, maintenance, wrap who reports for work by employ ping, packaging, and shipping. Exception: er’s request or permission on the Employee who works in any week solely at 5th day. Exceptions: New em a nonconfectionery occupation covered by ployees; employees voluntarily another minimum wage order. absent during the period; employee students between 16 and 18 years of age who are required to attend a full-time school during the period; cases of emergency which are be yond employer’s control. Minimum-wage rates Hours $1 per bag for each round of 9 holes or less. $2 per bag for each round of 10 to 18 holes. $1 per bag for each round of 9 holes or less. $1.50 per bag for each round of 10 to 18 holes. (The value of meals and lodg ing actually furnished to an employee may be considered an addition to the cash wages paid. Maximum charges permitted are speci fied in the order. No deductions from the mini mum wage allowed except as authorized by statute. If employer requires uniforms he must furnish, launder, clean, and maintain them.) 75 cents an hour........................... 8 a day, 40 a week.” 78 $1.12H &11 hour............................. Over 8 a day, over 40 a week.** 80 cents an hour.......................... Up to and including 32 a week.*® *• $1.20 an hour................................. Over 8 a day, over 40 a week.** $30 for that week_____________ (The minimum wage shall be subject to no deductions, ex cept as authorized by stat ute. If uniforms are required by law, they must be furnished by employer without charge to the employee.) * Laundry Industry, No. 1-b, Feb. 15, 1953. 249600— 53- (Supersedes order 1-a of Oct. 19, 1947.) “Laundry Industry and Occupations” in cludes: (a) The washing of fabrics or textiles of any kind whatsoever and the ironing pressing, repairing or processing incidental to such washing; (b) the soliciting, collection, distribution, or rental at wholesale or retail of the articles so processed; (c) the engaging in any of the processes mentioned in (a) or (6) above for their own use by business es tablishments, clubs, or institutions, except where the processing is incidental to the manufacture or sale of a commodity; (d) all occupations, operations and services in connection with or incidental to the processes mentioned above. The term also includes launderettes and auto matic and coin operated laundries. Excep tions Laundries owned and operated and used solely in connection with religious or charitable activities by nonprofit institutions organized exclusively for religious or char itable purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual. Women and minors; men: Zone 171.......................................... . Employee whose normal working time is over 30 hours a week if (1) Voluntarily absent in any week; (2) the first week of her employ ment is less than 30 hour*, for reasons specified in the order; (3) total stoppage of the whole plant exceeds 6 hours on any day be cause of a holiday, general break down, or act of God. Part-time employees____ ________ Overtime______________ _______ Zone II: ”............................................ (Same coverage as the second en try in Zone I.) Part-time employees Overtime................. $28 a week............................ ........ 75 cents an hour (to be paid whenever the minimum weekly wage need not be paid). 80 cents an hour_____________ $1.12J4 an hour---------------------$26 a week______ ___________ 30 or less a week.37 Over 40 a week.73 Over 30 up to and including 40 a week. 70 cents an hour............................ Actual time worked.37 (To be paid whenever the minimum weekly wage need not be paid.) 75 cents an hour---------- ---------- 30 or less a week.37 $1.05 an hour................ ............... Over 40 a week.73 (The minimum wage shall be subject to no deductions other than those specifically authorized by law. If employer furnishes meals and lodging to employee their value may be con sidered as an addition to the cash wages paid. Maximum valuations are specified in the order. If uniforms are required by employer, their cost shall be shared equally by em ployer and employee. No charges may be made until the employer's application for such charges has been approved by the Division of Industrial Relations, Women in Industry, and Minimum Wage, and a special permit issued and posted accordingly. Em ployer must launder such uniforms without charge to the employee.) CO See footnotes at end of table. Over 30 up to and including 40 a week. Actual time worked.37 ANALYSIS OF STATE MINIMUM-WAGE ORDERS, JULY 1, 1942-MARCH 1, 1953 State, title and number of order, and effective date2 New York—Continued Beauty Service In dustry, No. 2-b, Feb. 15, 1953. (Supersedes order 2-a of Oct. 19, 1947.) Occupation or industry covered “Beauty Service Industry” includes all estab lishments which perform services or opera tions in the care, cleansing, or beautifica tion of the skin, scalp, nails, or hair, or in the enhancement of personal appearance, and also services or operations in connection therewith or incidental thereto. All occu pations including but not limited to maids, cloakroom attendants, cleaning women, cashiers, receptionists, appointment clerks, and clerical workers. Exceptions: Barbers, manicurists, and other workers in barber shops who perform services primarily for men; owners, part owners, or bona fide booth renters under the conditions specified. Class of employees covered Continued Minimum-wage rates Women and minors; men: Employees other than maids, clean ing women, and porters: Full time78...................... ................ $32 a week......... Overtime.___ ______________ Employee voluntarily absent;79 total stoppage of business in excess of 6 hours in a day as specified; during first week of employment of new employee hired after beginning of week, or one dismissed as unsatis factory before end of week. Part time79...................................... Maids, cleaning women, andjporters. $1.20 an hour___ 80 cents an hour. $1 an hour. $1.50 an hour------80 cents an hour.... (The minimum wage shall be subject to no deductions ex cept those specifically authorized by law or per mitted by this order. Employer selling uniforms to his employees may not charge more than the actual cost to him. Deductions from an employee’s wages, in any week, may not ex ceed the amount of earned wage over and above the minimum weekly rate. Hours Over 24 to 40 hours on 4 or more days a week. Over 40 a week.72 Less than 40 a week. 24 hours or less on 3 days or less a week, at the direc tion of employer.80 Over 8 a day. 8 a day, 48 a week. Cleaning and Dyeing Industry, No. 4-b, Feb. 15, 1953. (Supersedes order 4-a of Nov. 30, 1947.) See footnotes at end “Cleaning and Dyeing Industry” includes (a) all types of cleaning, dyeing, pressing, or processing incidental thereto, including mending and altering in connection therewith, of materials belonging to the ultimate consumer, i. e., clothing, hats, household furnishings, rugs, textiles, furs, leather, upholstered goods, or fabrics of any kind whatsoever; (6) the soliciting, collecting, selling, reselling, or distributing at retail or wholesale of cleaning, dyeing, and pressing services; (c) all office, clerical, packing, or other occupations (including plant maintenance) incidental or related to the processes described in (a) and (b) above. Excep tions: Cleaning, dyeing, or pressing when a process in the manufacture of new ma terials or of second-hand materials being processed for resale; establishments insofar as they are covered by the laundry mini mum-wage order; employee in a cleaning and dyeing establishment in a week when work ing solely at a noncleaning and dyeing occu pation covered by another minimum-wage order of the State. of table. Women and minors; men: Experienced......................................... Employer must launder uni forms for all employees or pay $1 a week extra to full time employees and 50 cents a week extra to part time employees.) 24 up to and including 30 a week. Over 30 up to and including 40 a week and whenever the minimum weekly wage, part-time rate, or overtime rate need not be paid.8* Over 40 a week.7* Less than 24 a week.8* Inexperienced (8 weeks in any occupation in the industry.) Experienced and inexperienced: On any day employee works a split shift. Same as shown for ex perienced. 1 Yi times the applicable basic minimum hourly wage for each hour of work. (The minimum wage shall be subject to no deductions other than those authorized by law. Deductions for meals and lodging actually furnished allowed. Maximum amounts specified in order.) ANALYSIS OF STATE MINIMUM-WAGE ORDERS, JULY 1, 1942-MARCH 1, 1953 State, title and number of order, and effective date3 w York—Continued testaurant Industry, No. 5-b, Feb. 15,1953. >ersedes order 5-a Nov. 30, 1947.) Occupation or industry covered “Restaurant Industry/' i. e., any eating or drinking place which prepares and offers food or beverage for human consumption either on any of its premises or by such service as catering, banquet, box lunch, or curb service, to the public, to employees, or to members or guests of members; and serv ices in connection therewith or incidental thereto. Exceptions: Eating or drinking places operated by establishments custom arily offering lodging accommodations of 5 or more rooms to the public, to employees, or to members or guests of members; estab lishments where the service of food or bev erage is not available to the public but is incidental to instruction, medical care, religious observance, or to the care of handi capped or destitute persons, or other public charges; restaurant employee in a week when working solely at an occupation or in any industry governed by another mini mum-wage order of the State. Class of employees covered Women and minors; men: Full time: Nonservice................. Continued Minimum-wage rates 75 cents an hour (with meals, 65 cents). Hours Over 30 to 44 a week during 1st year of this order; to 42 a week during 2d year; and to 40 a week thereafter. Do. Service employees..... ............. ........ 52 cents an hour (with meals, 42 cents). Part time: Nonservice employees..................... 80 cents an hour (with meals, 70 30 or less’a week.83 cents). Do.83 Service employees______ _______ i 57 cents an hour (with meals, 47 cents). Overtime: Nonservice and service employees. IY& times the applicable full Over 44 a week "during 1st year of this oraer; over’42 time “with meals” rate, plus 10 cents hourly if meals not a week, 2d year; and over 40 a.week thereafter.73 84 furnished. On any day the spread of hours ex 75 cents “in addition to the hourly wages earned." ceeds 10 or there is morejthan one interval off duty (excluding any meal period of one hour or less), or both situations occur. (The minimum wage shall be subject to no deductions ex cept as authorized by statute or this order. If meals are furnished to the workers, the applicable minimum wage rate is re duced 10 cents an hour. The value of lodging actually furnished to an employee may be considered as an addi tion to the cash wages paid. Maximum charges for weekly and for daily lodging speci fied in the order. If uniforms are required by employer as a condition of employment, he must either furnish and maintain them Jr Hotel Industry, No. 6-b, Feb. 15,1963. (Supersedes order -a of Nov. 30, 1947.) “Hotel Industry” includes any establishment which, as a whole or part of its business ac tivities, offers lodging accommodations for hire to the public, to employees, or to mem bers or guests of members, and services in connection therewith or incidental thereto. The industry includes but is not limited to commercial hotels, apartment hotels, resort hotels, lodging houses, boarding houses, fur nished-room houses, children’s camps, adult camps, tourist camps, tourist homes, auto camps, residence clubs, membership clubs, dude ranches, Turkish baths, and Russian baths. Exceptions: Eating or drinking places customarily offering lodging accommoda tions of less than 5 rooms to the public, to employees, or to members or guests of mem bers; establishments in which lodging ac commodation is not available to the public or to members or guests of members, but is incidental to instruction, medical care, religious observance, or to the care of handi capped or destitute persons, or other public charges; camp counselors in children’s camps, and employees who assist them and receive supervision and training as part com pensation; enrolled students in a recognized college, university, junior college, institute, or vocational high school who must acquire experience through employment in a hotel; campers working 4 hours or less a day in a children’s camp; hotel employee in a week when working solely at an occupation or in an industry covered by another minimumwage order of the State. See footnotes at end of table. or reimburse employee who furnishes her own uniforms and he may elect to pay em ployee an additional 3 cents an hour for maintaining her uniforms.) Women and minors; men: All-year hotels: Nonresidential employees: Nonservice: In New York City........... 75 cents an hour 85. In remainder of the State 72 cents an hour 83. Service (excludes bell boys and baggage porters temporarily covered by order 6a): In New York City................... 50 cents an hour 83. In remainder of the State____ ___ do.85_________ Service and nonservice: Part time................... Overtime: In New York City................ 4 cents an hour in addition to the applicable minimum hourly rate. times the applicable mini mum hourly rate. In remainder of the State_ ------do............................................. _ Residential employees: In New York City...................... $28 a week 83........................ ........ In the remainder of the State__ $26 a week 88........... .................. Overtime..................................... . 1 Vi the applicable prorated minimum rate. On any day the spread of 75 cents in addition to the hourly hours exceeds 10 or there is wages earned more than one interval off duty (excluding any meal period of one hour or less), or where both situations oc cur. Over 30 up to and including 40 a week. Over 30 up to and including 44 a week (43 a week after Feb. 15, 1956). Over 30 up to and including 40 a week. Over 30 up to and including 44 a week (43 a week after Feb. 15,1956). 30 or less a week at the discre tion of the employer.83 Over 40 a week.7* Over 44 a week (over 43 after Feb. 15, 1956).78 44 or less a week Do. Over 44 a week. ANALYSIS OF STATE MINIMUM-WAGE ORDERS, JULY 1, 1942-MARCH 1, 1953 ’—Continued State, title and number of order, and effective date * Occupation or industry covered Class of employees covered Women and minors: men—Continued Resort hotels: Nonservice—.................................... Chambermaids------ ------- --------Service.......... .................................. Part time...................................... - New York—Continued Hotel Industry, No. 6-b, Feb. 15, 1953—Con. Overtime........................ .............. Hours Minimum-wage rates $28 a week 85.......................-........ $24 a week 88................................. $20 a week 85............................... o of the applicable minimum weekly wage, 1 Vi the applicable prorated minimum rate. ' 48 or less but more than 24 hours or 3 days a week. 24 hours or less or 3 days or less a week.83 Over 48 hours a week or on 7th consecutive day.w (The minimum wage shall be subject to no deductions ex cept as authorized by statute. Any employer in the establish ments covered must furnish, launder, clean, and main tain uniforms. If employee furnishes uniforms at the re quest or direction of em ployer or as a condition of employment, employer must reimburse him or her for the cost thereof within the perriod specified. In lieu of laundering and maintaining uniforms, em ployer may elect to pay reg ularly to employees an ad ditional 3 cents an hour.) Building Service Indus try, No. 9, Feb. 15, 1953. “Building Service Industry" includes any person, corporation, or establishment en gaged in whole or in part in the renting, serv icing, cleaning, maintaining, or managing buildings or building space, and all occu pations, operations, and services in connec tion therewith or incidental thereto. The industry includes, but is not limited to, real estate owners, building owners, operators, lessors, managing agents, and independent contractors. Exceptions: (1) Any building owned, operated, and used solely for reli gious, charitable, or educational purposes by a nonprofit organization, organized ex clusively for religious, charitable, or educa- Women and minors; men: Janitors in residential buildings that are: Centrally heated------------- -----Not centrally heated...................... “All other” building service em ployees. 75 cents per unit per week. 60 cents per unit per week. 75 cents an hour________ $1.25 an hour—............................. (The minimum wage shall not be subject to any deductions whatsoever except as au thorized by law. First 48 a week in residential buildings and the first 40 week in nonresidential buildings. Over 48 a week in residential buildings; over 40 in non residential buildings. * tional purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual; (2) building trades contractors engaged exclusively in the field of construction; (3) establishments en gaged exclusively in real estate sales. Excluded from the definition of “employee” are: (1) Employees of an owner or lessee of a building occupying the entire building for his own use if they work exclusively in that building; (2) clerical and nonmanual work ers employed in the offices of managing agents or in central offices, whose wages are not directly chargeable to the operations of a specific building or building space. North Dakota: Manufacturing Occupa tion, No. 2, Sept. 1, 1949. The value of an apartment and utilities where furnished by employers to janitors in residential buildings may be considered part of the minimum wage. Specifies that amount charged be “fair and reasonable.” If employer requires uniforms he must supply and main tain them. Where employee advances the cost or main tenance charges for such uniform, he must be reim bursed no later than the time of the next payment of wages.) “Manufacturing Occupation,” i. e., all processes Women: in the production of commodities, including Experienced-....................................... 55 cents an hour._>_. a day, 48 a week, maxi work in dressmaking shops, wholesale milli Inexperienced (except in job-press 50 cents an hour__ mum set by hour law for nery houses, workrooms of retail millinery feeding and bookbinding) (3 women. Exception: Places (Supersedes order 2 of shops; and in the drapery and furniture months). of less than 500 populaApr. 4,1922, reprinted covering workshops, the garment alteration, tion.88 Aug. 15, 1939.) art needlework, fur-garment making, and millinery workrooms in mercantile stores; employees of creameries and produce houses and the candy-making departments of retail candy stores and of restaurants; in bakery and biscuit manufacturing establishments, in candy manufacturing, and in bookbind ing and job-press-feeding establishments. Public Housekeeping Public housekeeping includes the work of Women: Occupation, No. 1, waitresses in restaurants, hotel dining Full-time employees: Aug. 13, 1951. rooms, boarding houses, bars and taverns, Waitresses or counter girls. $23.25 a week; $100.75 a month... 8H a day, 48 a week, maxi and all attendants employed at ice-cream, mum in cities or towns (Supersedes order 1 of light-lunch, and refreshment stands, steam 500 or more population; 9 a May 6, 1946.) table or counter work in cafeterias and day, 58 a week elsewhere. delicatessens where freshly cooked foods are Chambermaids or kitchen help__ $22.15 a week; $96 a month......... Do. served; the work of chambermaids in hotels, Part-time employees......................... . Ha of weekly wage..................... For each hour worked. lodginghouses, and boardinghouses; the work of janitresses, car cleaners, and kitchen(Deductions allowed for workers in hotels and restaurants; elevator i meals, lodging, or both, as operators. specified in the order.) See footnotes at end of table. ANALYSIS OF STATE MINIMUM-WAGE ORDERS, JULY 1, 1942-MARCH 1, 1953'—Continued on o State, title and number of order, and effective date 2 North Dakota—Con. Mercantile Occupation, No. 3, Aug. 14, 1951. (Supersedes order 3 of May 9. 1946.) Laundry, Cleaning and Dyeing Occupation, No. 4, Jan. 24, 1953. (Supersedes order 4 of March 10, 1947.) Ohio: Food and/or Lodging Occupations, No. 3, amended, Dec. 15, 1950. (Supersedes order 3, mandatory Mar. 30, 1937.) Occupation or industry covered Class of employees covered Mercantile, i. e., work in establishments oper Women: Full-time employees: ated for the purpose of trade in the purchase or sale of any goods or merchandise includ ing the sales force, wrapping force, auditing or checking force; shippers in the mail-order department; receiving, marking, and stock Inexperienced (1 year).................... room employees; and all other women, ex cept those performing office duties solely. “Laundry, Cleaning or Dyeing Establish Women; Experienced------ ------ -........ -........... ment,” i. e., a place where clothes are washed or cleaned or dyed by any process, by any person, firm, institution, corporation, or association and such work shall include all Inexperienced:87 First 2 months................................. the processes connected with the receiving, marking, washing, cleaning, ironing, and Next 3 months....... ......................... distribution of washable or cleanable ma terials. Includes work performed in Part time....................................... . laundry departments, in hotels and fac tories. Food and lodging establishments include all restaurants, licensed or unlicensed, oper ated as the principal business of the em ployer or as a unit of another business; restaurants operated by governmental sub divisions including boards of education, wherein food in liquid and/or solid form is prepared and served for human consump tion; catering and banquet service, boxlunch service, or curb service; transit and residential or apartment hotels, motels, apartment houses, tourist homes and tourist cabin reservations offering lodging or living accommodations; boarding houses serving one meal or more a day; rooming houses; hospitals, sanitariums, and rest homes; clubs, private and public. i?Jcep<fon: Es tablishments operating “soda fountains” Hours Minimum-wage rates $23.25 a week; $100.75 a month.- 8M a day, 54 a week, maximum in cities or towns of 500 or more population; 9 a day, 54 a week elsewhere. Do. $19.25 a week; $83.40 a month— Ms of weekly wage....................... For each hour worked. $24 a week (with laundry privileges at 33^4 percent, not to exceed $5 maximum per week). $20 a week; $86.67 a month (with laundry privileges as above). $22 a week; $95.34 a month (with laundry privileges as above). M 8 of weekly minimum for each hour worked. Hs of weekly minimum for each hour worked. 38 to 48 a week. Do. Do. Under 32 a week. 32 and under 38 a week. Women and minors: Full time: Nonservice employees: Cities over 100,000 population... 55 cents an hour........................... Over 24 and up to 48 a week. Do. Cities of 60,000 to 100,000 popu- 53 cents an hour........................... lation. Do. Cities of 5,000 to 50,000 popula- 51 cents an hour............................ tion. Do. Do. Service employees in all four popu- 40 cents an hour............................ lation groups. Part time (employees working 30 hours a week or less at the direc tion of employer): Nonservice employees: Cities over 100,000 population... 00 cents an hour 88........................ First 24 in week.8* Do.** Cities of 60,000 to 100,000 popu- 58 cents an hour ........................ lation. * * 9 where only nonalcoholic beverages such as carbonated beverages, soft drinks, milk drinks, ice creams, etc., are sold; inmates of institutions, sectarian or nonsectarian; mem bers of religious organizations who receive no compensation for their services; women taking a course of training in housework, or preparing and serving food in training estab lishments; students who, while regularly enrolled in a recognized or accredited school or other institution of learning, are employed as part-time workers in a restaurant, cafe teria, or lunchroom operated on a nonprofit basis by a board of education, school, college, university, hospital or institution, or as nurses’ aides in a hospital. Oklahoma....... ............ . Oregon: Nut Processing and Cracking, No. 11, Aug. 1, 1942. No orders now in effect. Nut processing and cracking............................. Women and minors: Cracking and shelling. (Supersedes order 10 of July 22, 1941.) See footnotes at end of table. Cities of 5,000 to 50,000 popula tion. Elsewhere in the State................ Service employees in all four pop ulation groups. Inexperienced (60 days)..................... Processing, bleaching, grading, and packing. 56 cents an hour 88______ ______ Do.88 54 cents an hour 88........................ 45 cents an hour 88........................ Do.88 Do.88 10 cents an hour less than the applicable minimum rates cited above. (Order prohibits employer from making deductions from the minimum wage. (By agreement of employer and employee, former may charge employee for meals. Maximum amounts speci fied in the order. If agreed to by both parties, employer may deduct not more than $3.25 a week for lodging furnished the em ployee. Uniforms required as a con dition of employment must be furnished, repaired and maintained by employer. Prohibits his requiring em ployee to contribute to their cost, repair, or mainte nance.) 40 cents an hour80...................... 8 a day, 44 a week. lYi employee’s regular rate___ Over 8 a day, over 44 a week in emergency. 40 cents an hour........................... 10 a day, 60 a week. employee’s regular rate......... Over 10 a day, over 60 a week in emergency. ANALYSIS OF STATE MINIMUM-WAGE ORDERS, JULY 1, 1942-MARCH 1, 1953 cn ba State, title and number of order, and effective date3 Oregon—Continued Public Housekeeping, No. 14, Jan. 13, 1948. (Supersedes order 13 of July 22, 1941, and 14 of June 13, 1944.) Manufacturing, No. 8, Oct. 19,1948. m (Supersedes order 7 of July 22, 1941.) Occupation or industry covered Class of employees covered Continued Minimum-wage rates ‘‘Public Housekeeping” occupation includes work of waitresses, cooks, counter and salad workers, food checkers, bus and vegetable workers, dish and glass washers, kitchen help, maids, chambermaids, housekeepers, barmaids, linen-room girls, cleaners, janitresses and janitors, charwomen and house men, checkroom attendants, matrons, ele vator operators, and all others employed in hotels, restaurants, boardinghouses offering meals for sale to the public, roominghouses offering rooms for rent, apartment houses, auto camps, cafeterias, light-lunch stands, retail candy, ice-cream and soft-drink par lors, delicatessens, beer parlors, and clubs (private and public), as well as matrons, car cleaners in transportation industries, and other work of like nature. Women and minors: Experienced.......... “Manufacturing Industry,” i. e., any indus try, business, or establishment operated for the purpose of preparing, producing, making, altering, repairing, finishing, proc essing, inspecting, handling, assembling, wrapping, bottling, or packaging goods, articles, or commodities, in whole or in part. Exceptions: Any such activity covered by another minimum-wage order of the State; women employed in administrative, execu tive, or professional capacities, defined as: (1) Work predominantly intellectual, man- Women and minors-.-............................ 65 cents an hour................. ......... Regularly employed woman or minor. 1 Vi employee’s regular rate or 1}4 the minimum. Inexperienced:92 First 200 hours. Next 200 hours Hours 65 cents an hour— 97Yt cents an hour. 8 a day, 44 a week.91 Over 8 a day, over 44 a week in emergency on permit. 40 cents an hour. 60 cents an hour. 8 a day, 44 a week.91 Over 8 a day, over 44 a week in emergency on permit. 8 a day, 44 a week.91 Over 8 a day, over 44 a week in emergency on permit. 50 cents an hour. 75 cents an hour. (Deductions for meals allowed if mutually agreed to and charge does not exceed 50 percent of the price charged the public. Employee may not be required to contribute from the minimum wage for any purpose, including the purchase or maintenance of tools, equipment, or uni forms; nor for the launder ing or cleaning of uniforms.) Any woman or minor. 97 H cents an hour. (Employee may not be re quired to contribute from the minimum wage for the purchase or maintenance of 8 a day, 44 a week.93 Sundays or legal holidays (unless Sunday in regu larly scheduled workweek). Over 8 a day or over 44 a week in emergency, on permit. agerial, or creative, which requires exercise of discretion and independent judgment and for which the remuneration is not less than $200 a month; or (2) employees licensed or certified by the State who are engaged in the practice of any of the recognized professions. Laundry, Cleaning and Dyeing Occupation, No. 7, Aug. 29, 1950. (Supersedes order 7 of Feb. 15, 1947.) Hospitals, Sanitariums, Convalescent and Old People’s Homes, No. 5, Jan. 7,1951. (Supersedes orders 5 and 5A of July 22, 1941, as amended Nov, 26, 1941.) Minors, No. 10, Oct. 11, 1951. (Supersedes order 9 of July 22, 1941.) Laundry, cleaning and dyeing occupation in cludes all places where two or more persons are employed in the process of receiving, marking, washing, cleaning, dyeing, iron ing. and distributing clothing and materials. Exception: Women employed in an adminis trative or executive capacity as specified. Women and minors. Hospitals, sanitariums, convalescent or old people’s homes—cooks, kitchen helpers, waitresses, janitors, charwomen, and all other women and minors employed therein. Exceptions: Trained nurses, student nurses, or other professional or executive help. Women and minors: Experienced_____ Inexperienced: First 200 hours M. Second 200 hours. Industries for which the State Wage and Hour Commission has not established by indi vidual or special order a different wage. Ex ceptions: Minors employed at domestic work and at chores in or about private residences; newspaper carriers and newspaper vendors. See footnotes at end of table. uniforms required to be worn as a condition of em ployment; nor for their laundering and cleaning. If special protective garments are required by the particu lar industry or by health authorities, these must be provided and paid for by employer.) 60 cents an hour.—................... 1 Yi times employee’s regular rate. 8 a day, 44 a week. Over 8 a day, over 44 a week, in emergencies, on permit. (Employee may not be re quired to contribute from the minimum wage for the purchase or maintenance of uniforms, tools, or equip ment, or for the laundering and cleaning of uniforms.) 65 cents an hour....................... 8 a day, 44 a week.94 40 cents an hour............ .............. Do.94 50 cents an hour................. .......... Do.94 1H times employee’s regular Over 8 a day, over 44 a week, rate. in emergencies.94 (Employee may not be re quired to contribute from the minimum wage for the purchase or maintenance of uniforms, tools, or equip ment, or for the laundering and cleaning of uniforms.) Minors (persons under 18 years of age)—. 50 cents an hour........................... 8 a day, 44 a week (maxi mum). ANALYSIS OF STATE MINIMUM-WAGE ORDERS, JULY 1, 1942-MARCH 1, 1953 ^Continued ox State, title and number of order, and effective date * Oregon—Continued Mercantile, No. 9, May 6, 1952. (Supersedes order 9 of May 5, 1948.) Occupation or industry covered “Mercantile establishment,” i.e., any business or establishment operated for the purpose of purchasing, selling, or distributing goods or commodities at wholesale or retail. Class of employees covered Minimum-wage rates Women and minors: Women and experienced minors Inexperienced hours). minors (first 70 cents an hour. $1.05 an hour___ 400 60 cents an hour. 90 cents an hour. Regular employees............................. $1.05 an hour... High school and college students working only after school or on Saturdays (800 hours)................. - - Canning, Dehydrating, and Barreling Opera tions, No. 2, May 6, 1952 (rates not changed). (Supersedes order 2, of June 8, 1946.) Preparing Poultry, Rabbits, Fish or Eggs for Distribution, No. 6, Feb. 10, 1953. “Canning, Dehydrating, and Barreling Operations,” i. e., work in the canning or proc essing of fresh fruit, vegetables, fish, shell fish, or Crustacea, or in the barreling or pre serving of fresh fruit and berries. Exception: Farmer who processes only the product of his own farm. “Preparing Poultry, Rabbits, Fish, or Eggs for Distribution,” i. e., any industry, busi ness, or establishment operated for the pur pose of grading, sorting, cleaning, packing, candling, separating, slaughtering, plucking, or otherwise preparing poultry, rabbits, fish, 60 cents an hour. (Employee may not be re quired to contribute from the minimum wage for the purchase or maintenance of uniforms, tools, or equip ment, or for the laundering and cleaning of uniforms.) Women and minors................................ 66 cents an hour 90.._................... Women 18 years and over.................... Time and a half________ _____ Double time__________ ____ Time and a fourth Time and a half_______ _____ Double time................................ Women and minors: Women and experienced minors Hours 8 a day, 44 a week.9» Over 8 a day, over 44 a week in emergency, on permit. 8 a day, 44 a week.9* Over 8 a day, over 44 a week in emergency, on permit Sundays or legal holidays (unless establishment regu larly open such days). 10 a day. Over 10 to 12 a day. Over 12 a day. Seventh day—first 8 hours. Seventh day—over 8 to 12 hours. Seventh day—over 12 hours. (If uniforms are required as a condition of employment, employer must bear the cost of same including pur chase price, maintenance, and laundry.) 75 cents an hour.......... ............. . 1H times employee’s regular rate. 8 a day, 40 a week.91 Over 8 a day, over 40 a week in emergencies, on per mit.98 or eggs for distribution. Order not appli cable to the canning of fresh fruits, vege tables, fish, shellfish or Crustacea, or to the barreling or preserving of fresh fruit and berries nor to operations on a farm incident to production or preparation for market in their raw, live, or natural state of products of that farm. Pennsylvania: Restaurant Occupa tions, No. 3. Directory, Aug. 1, 1943. Mandatory, Oct. 1, 1947. Puerto Rico w Leaf Tobacco Industry, No. 1, Mar. 26, 1943. “Restaurant Occupations," i. e., any activity connected with the preparation or offering of food and/or beverage for remuneration, for human consumption either on the employ er’s premises or elsewhere by such service as catering, banquet, box-lunch or curb service, whether such service is operated as the prin cipal business of the employer or as a unit of another business, to the public, to employ ees, to members or guests of members, or to paying guests. Women and minors: Full-time employees: Service......................... . Nonservice............... . Service and nonservice. “Leaf Tobacco Industry," i. e., including but not by way of limitation, the receiving, weighing, stowing, classification or grading, fermentation, stemming, packing or baling, warehousing, drying, or any other operation related to the handling of leaf tobacco be fore it is used in the manufacture of cigars, cigarettes, or other like products. All employees. See footnotes at end of table. (Employee may not be re quired to contribute from the minimum wage for the purchase or maintenance of uniforms, tools, or equip ment, or for the laundering and cleaning of uniforms. Employer must provide and pay for any special protec tive garments required to safeguard the health or pre vent injury to an employee). Part-time employees: Service........................... Nonservice__________ 29 cents an hour.......................... 39 cents an hour............ ............ 1M times the basic hourly rate applicable to employee. Over 24 to 44 a week. Do. Over 44 a week.98 32 cents an hour........................... 24 or less a week at direction of employer. 89 Do.89 42 cents an hour........................... (The minimum wage shall be subject to no deductions ex cept as authorized by stat ute. Deductions allowed for meals and lodging as specified in order. If uniforms are required as a condition of employment, employer must furnish, launder, clean, and main tain them. In lieu of laundering uniforms, employer may elect to pay employee 35 cents for each required laundering.) 25 cents an hour 98................. ....... 40 a week. VA times employee's regular Over 40 a week." rate. ANALYSIS OF STATE MINIMUM-WAGE ORDERS, JULY 1, 1942-MARCH 1, 1953 l—Continued o\ State, title and number of order, and effective date2 Puerto Rico—Continued Sugar Industry, No. 3, Apr. 28, 1943. Beer and Carbonated Drink, No. 5, Mar. 13, 1944, modified June 5, 1944. Restaurant, Canteen, or Soda Fountain, No. 6, June 15, 1944, modified Apr. 14, 1945. Occupation or industry covered “Sugar Industry,” i. e., the production of sugarcane in both the agricultural and the industrial phases. Class of employees covered Workers performing operations not expressly enumerated in the order and not customarily performed by women: In agricultural phase of the industry. $1.40 a day for small and interior farms; $1.50 a day for others. Twice the minimum rate (to be prorated). In the industrial phase of the in dustry. “Beer and Carbonated Drinks Industry,” i. e., All employees: the preparation, production, distribution, or sale of beer, with or without alcohol, or of Both industries, employees 18 years any soft drink prepared with carbonated water. or over. “Restaurant, Canteen, or Soda Fountain.”... All employees: Regular workers (as defined) : Employees 18 years and over: Zone II100____________ _ Minors: Zone II100 . Temporary workers: Employees 18 years and over: Zone II 10°-................... -............... Minors: Zone II ioo________ __________ Theaters and Movies, No. 7, Apr. 4, 1945. “Theaters and Movies,” i. e., establishments or places where plays or other artistic productions are given by actors, musicians, or singers for profit, or where moving pic tures are shown for profit. * Minimum-wage rates All employees: Employees 18 years and over: Hours 8 a day. Over 8 a day." Over 8 a day.68 8 a day, 48 a week. Do. Twice employee’s regular rate... Over 8 a day or over 48 a week." 8 a day, 48 a week. Do. 8 a day, 40 a week. Do. 8 a day, 48 a week. Do. 8 a day, 40 a week. Do. Twice employee’s regular rate... Over 8 a day or over 48 a week." 8 a day, 40 a week.108 Do.102 Twice employee’s regular rate... Over 8 a day or over 40 a week." Minors between 14 and 18 years: Zone I101......................................... Zone III"1.,. ............................ ... Retail Business, No. 8, June 5, 1945. “Retail Business,’’ i. e., any activity, process, operation, work, or service necessary or incidental or related to retail sales, or the transferring directly to the consumer of goods, merchandise, or articles, for compen sation, regardless of whether such sales or transfers originate or take place within or outside such establishment or place, or in its name, or for its benefit. All workers: Employees 18 years and over: Regular (as defined): Zone 1103..................................... Zone II uo ................................... Zone III103—........... ......... ......... Special employees, i. e., those selling merchandise priced at 25 cents or less: Zone 1103....... ......................... . Zone II103................................... Zone III103________ ______ Temporary: Zone 1,03-................................... Zone II103-____ _____ Zone III «*................................... All employees-................................ Minors under 18, apprentices, and messengers. 30 cents an hour. 20 cents an hour. 8 a day, 40 a week.*0* Do.10* $12 a week. $10 a week. $8 a week.. 8 a day, 48 a week. Do. Do. $10 a week............. ..................... . $8.50 a week.............. .............. . $7 a week......................... ______ Do. Do. Do. 30 cents an hour____ _________ Do. 25 cents an hour Do. 20 cents an hour_____ ________ Do. Twice employee's regular rate... Over 8 a day or over 48 a week." 75 percent of the applicable min 8 a day, 40 a week. imum wage. (Deductions allowed for meals and lodging. Amounts for each zone specified in the order.) Bakeries and Pastry Shops, No. 9, July 5, 1945. “Bakeries and Pastry Shops.".......................... Employees 18 years and over................ Minors under 18............................ ......... Construction Industry, No. 11, July 1, 1946, amended Nov. 1, 1946. “Construction Industry," includes skilled, semiskilled, and unskilled workers in or incidental to the industry. All employees......................................... Employees 18 years and over................ See footnotes at end of table. The minimum varies according to zone and type of occupa tion. In Zone I, the range is from 25 to 82*4 cents an hour, in Zone II, from 20 to 60 cents an hour.101 Twice the applicable minimum rate. percent of applicable mini mum rate. The minimum varies according to type of work. For skilled workers range extends from 60 cents to $1.10 an hour. For semiskilled workers mini mum is 45 cents an hour; for unskilled, 32 cents an hour. Twice employee’s regular rate.. 8 a day, 48 a week. Over 8 a day, or over 48 a week." 8 a day, 40 a week. 8 a day, 44 a week.101 Over 8 a day or over 44 a week." ANALYSIS OF STATE MINIMUM-WAGE ORDERS, JULY 1, 1942-MARCH I, 1953'—Continued State, title and number of order, and effective date* Puerto Rico—Continued Transportation Indus try, No. 12, Jan. 2, 1947, amended Feb. 1, 194S. Laundry and Dry Cleaning Industry, No. 13, July 1, 1947. Furniture and Other Wooden Products In dustry, No. 14, Sept. 15, 1948. Quarrying Industry, No. 15, Nov. 22,1948. Wholesale Trade Indus try, No. 16, Oct. 1, 1949. Occupation or industry covered “Transportation Industry,” includes any act, process, operation, work, or service, neces sary or incidental or related to the transpor tation or carrying of persons or things from one place to another, by or in any kind of vehicle or locomotive apparatus of a com pany, corporation, or authority. Excep tions: Transportation performed by the Fed eral, Insular, or Municipal Governments for purposes entirely governmental; trans portation work incidental to an employer's business, if such business is covered by another order. “Laundry and Dry Cleaning Industry,” i. e., any act, process, operation, service, or work performed in connection with the washing, cleaning, starching, ironing, or dyeing of clothes or material of any kind. Includes the preparing, wrapping, collecting, de livery, return, transporting, and distribut ing of said clothes or material. “Furniture and Other Wooden Products In dustry,” includes the processes of designing, building, assembling, altering, and repairing furniture made of wood, metal, straw, or any other kind of material, and other classes of wooden products. “Quarrying Industry,” includes any Act, process, operation, work, or service neces sary or related to the extraction, transporta tion, crushing, or delivery of stone, gravel, or other quarry products. “Wholesale Trade Industry,” i. e., all estab lishments, enterprises, or agencies engaged in selling merchandise to retailers, com mercial establishments, or other wholesalers including specifically wholesalers, agents, brokers, commission agents, and sales Class of employees covered All employees. If employee works a split shift. All employees: Employees other than piece work ers (rates specified in the order), and messengers and drivers. Messengers........................................... Drivers........................................ ....... Employees 18 years and over............ All employees: Experienced employees making doors, windows, or blinds. All other experienced employees___ Inexperienced: First 6 months............................. Last period of the apprenticeship _. Minimum-wage rates Hours Minimum varies according to 8 a day, 48 a week.10* type of work and skill of worker. Range extends from 55 cents an hour for chauffeurs of trailers or semitrailers to 25 cents for unskilled railroad workers. Twice employee's regular rate... Over 8 to 9 hour shift. employee’s regular rate......... After 9 a day. Twice regular rate of pay.......... 25 cents an hour. 8 a day, 48 a week.104 Do.104 $7.50 a week................................. Do.104 40 cents an hour.......................... Twice employee’s regular rate.. Over 8 a day, over 48 a week.” 75, 60, 40, and 30 cents an hour 8 a day, 48 a week.104 according to classification. Do.104 60, 45, 30, and 25 cents an hour.. Do.104 15 cents an hour................. -........ Do.104 85 percent of the minimum fixed for the particular occupation. Twice employee’s regular rate.. Over 8 a day or over 48 a Employees 18 and over...................... All employees....... ................ . Employees 18 years and over. Women and minors; men....... Range from $1 an hour to 35 8 a day, 44 a week.104 cents an hour, according to occupational classification. Twice employee’s regular rate.. Over 8 a day or over 44 a week.90 50 cents an hour............................ 8 a day, 44 a week. Double the employee’s regular Over 8 a day, over 44 a week, or over 5% days a week." rate. * 249600 — 03 Pineapple Industry, No. 17, Sept. 1, 1950. Ol branches of manufacturing concerns. In cludes the processes of buying, selling, storing, transporting, or any activity re lating to these processes, but excludes an establishment having 2 or fewer employees engaged on any of these processes part of the time only. (Such establishments come under the provisions of the order for the other industry.) Exceptions: Executives and administrators; bona fide professional employees; traveling salesmen. “Pineapple Industry” includes the produc tion, processing, and canning of pineapples, and any other operation or service related thereto; transportation of the product by the producer. All employees other than those in an administrative, executive, or pro fessional capacity: In industrial phase of the indus try. In agricultural phase of the indus try— Zone 1105....................................... Zone II10®. All employees covered.......................... Coffee Industry, No. 19, Oct. 26, 1950. Dairy Industry, No. 18, Jan. 1, 1951. Coffee Industry” includes all agricultural operations necessary for the production of coffee; drying, hulling, and packing or the transportation thereof by the farmer. “Dairy Industry” includes all occupations, processes, or services necessary or related to the production of fresh milk, and the han dling, bottling, pasteurization, homogeniza tion or processing of the milk and its prod ucts, and the transportation thereof by the producer. See footnotes at end of table. ©I CP All employees: Coffee pickers.................................... . 30 cents an hour. Range according to type of work, from $1.70 a day to $3.20 a day. Range according to type of work, from $1.95 a day to $4 a day. Double the employee’s regular hourly rate. 8 a day, 48 a week.9* Do.98 Do « Over 8 a day, over 48 a week. 50 cents an almud, which is 4/5 of a liter.i09 All others............................................. $1.44 a day 108................................ m. All employees: In industrial phase of the industry: Zone 1108_.................................... 35 cents an hour. 8 a day, 48 a week. Zone II i°8______ ________ 30 cents an hour. Do. In agricultural phase of the indus try: Zone 1108....................................... Range according to type of Do. work, from 23 cents an hour to 50 cents an hour. Zone II I®®. Range according to type of Do. work, from 20 cents an hour to 40 cents an hour. All employees covered. Double the employee’s regular Over 8 a day, over 48 a week. rate. (Care and maintenance of uniforms even when em ployer furnishes them is employee’s responsibility.) ANALYSIS OF STATE MINIMUM-WAGE ORDERS, JULY 1, 1942-MARCH 1, 1953 ‘-Continued State, title and number of order, and effective date * Puerto Rico—Continued Hospital, Clinic, or Sanitarium Occupa tions, No. 4, July 1, 1951. (Supersedes order 4 of July 17, 1943, as amended Jan. 17, 1944.) Occupation or industry covered “ Hospital, Clinic, or Sanitarium Occupations include any service in a public or private establishment where medical treatment is offered or where patients are interned, as well as any dependency of such establish ments, whose employees are not covered by another wage order. Excepts hospitals of municipal governments from the provisions applying to minimum-wage rates and deductions for services. Class of employees covered Hour* Minimum-wage rates All employees other than those in an administrative, executive, or pro fessional capacity; registered nurses, student nurses in accredited schools, dietitians, and laboratory and X-ray technicians: 8 a day, 48 a week. All employees, except office em 31 cents an hour. ployees, chauffeurs, and man ual laborers (as defined). Do. Office employees—..................... - 40 cents an hour........................... Do. 50 cents an hour........................... Chauffeurs.--....... -.................... Manual laborers: Do. Skilled (as defined)........ ........... . 60 cents an hour—-................... Do. Semiskilled (as defined)---------- 45 cents an hour......................... Do. Unskilled (as defined)............... 32 cents an hour..................... -- Over 8 a day, over 48 a week. Double the employee’s regular All employees covered—..................... rate. Guaranty of payment for 44- At least 30 a week. hour week. (Deductions allowed for meals, lodging, and laundry at rates specified in the order.) Printing, Publishing, and Other Graphic Arts Industry, No. 20, Nov. 5, 1951. All employees other than professional, administrative, and executive: Newspapers, monthly or weekly periodicals, photoengraving: All employees except repair and maintenance. . Commercial printing and publish ing: All employees except repair and maintenance: Zone 1108 Zone II109.......... -..................... Repair and maintenance em ployees: Skilled (as defined).................. Semiskilled (as defined)-------Unskilled (as defined)---------Occupations include the acquisition, compila Employees not covered by the Federal Fair Labor Standards Act. tion, writing, translation of, news and m- Printing, Publishing, and Other Graphic Arts include all work or services necessary or related to the printing or publication of books, newspapers, reviews, pamphlets, maps, plans, music, advertisements, or commercial or other type of printing mate rial, as well as the manufacturing of rubber stamps and all work, service, or products of printing, typesetting, electrotypmg, stereo typing, ruling, photoengraving, or any other means of graphic reproduction. It also includes without limitation the prepa ration, assembling, designing, layout, in serting, binding, and distribution (if done by the administration) of such products. 60 cents an hour. 43 cents an hour. 40 cents an hour. 60 cents an hour........................... 45 cents an hour........................... 35 cents an hour...................... . Double the employee’s regular rate. 8 a day, 44 a week.28 Do.25 Do." Do." Do." Do." Over 8 a day. Jt Needlework Industry, No. 21,.Tan. 2,1953.n° formation, and the supervision, inspection, moving of materials, cleaning, caretaking, and the repair and maintenance of the building. Needlework not covered by tho Federal Fair Labor Standards Act. Employees covered by the Federal Fair Labor Standards Act. All employees......................................... Hotel Industry. All employees other than professional, administrative, and executive: Class A (as defined): Zone 1:111 Service (as defined)........... All other............................ . Zone II:111 Service............................. . AD other............................. Zone HI: hi Service................................ All other______________ Class B: Zone I: in.......... ....................... Zone II:in..................... ......... Zone III: *n____________ ___ All employees_______ ______ ______ Ice Cream Industry, No. 23, Feb. 2, 1953. Ice Cream Industry. AD employees other than professional, administrative, and executive: Chauffeurs............... .................... . 8 a day, 44 a week, 6 days a week. Twice employee’s regular rate... Over 8 a day or 44 a week, 6 days a week. Piece rates based on 20 cents an hour. 36 cents an hour..___ ________ 40 cents an hour............................ 8 a day, 48 a week, 6 days a week. Do. 31 cents an hour.................... ...... 35 cents an hour......... ............ . Do. Do. 28 cents an hour.......... ............ 32 cents an hour........................ . Do. Do. 32 cents an hour............. ............. Do. 28 cents an hour..... .................. . Do. 24 cents an hour.................. ........ Do. Twice employee’s regular rate... Over 8 a day or 48 a week, 6 days a week. Wage guaranty 1^ times em 20 or less a week. ployee’s regular rate. Wage guaranty 32 hours at em More than 20 but less than ployee’s regular rate. 32. (Deductions allowed for meals and lodging as specified in the order.) . 50 cents an hour. 8 a day, 48 a week, 6 days a week. 30 cents an hour..... ...................... Do. 20 cents an hour or 30 percent of Do. the gross product of dafiy sales, whichever is higher. AD other.. 37M cents an hour........................ Do. AD employees. Twice the regular rate................. Over 8 a day or 48 a week, 6 days a week. A11 employees other than peddlers.......I Wage guaranty of 4 hours a day. J Chauffeurs, helpers. Peddlers................... See footnotes at end of table. Do. Over]44 a week. All employees other than professional, administrative, and executive: Shopworkers____ ______ ______ 25 cents an hour. Homeworkers______ ____ ______ Hotel Industry, No. 22, Sept. 1, 1952.110 times the employee's regular rate. Double the employee’s regular rate. ANALYSTS OP STATE MINIMUM-WAGE ORDERS, JULY 1, 1942-MARCH 1, 1953 >—Continued 05 K> State, title and number of order, and effective date2 Rhode Island:113 Session laws 1945, ch. 1624, July 1, 1945. Public Housekeeping Occupations, No. 6. Directory, Mar. 1, 1947. Mandatory, Sept. 15, 1947. Laundry and Dry Cleansing Industries, No. 3-It, June 1,1951. (Supersedes mandatory order 3 of Sept. 12, 1938.) Occupation or industry covered Coverage of Minimum-Wage Law and existing orders extended to men. “Public Housekeeping Occupations,” i. e., all employment connected directly or indirectly with the offering or furnishing of rooms and/ or lodging for remuneration to the public, to employees, to members or guests of mem bers, to paying guests, students, or others, whether such service is operated as the prin cipal business of the employer or as a unit of another business. Exceptions: Employment on a farm or domestic service in a private home, unless these are operated as rooming houses. The term public housekeeping occupations expressly includes such occupations as chambermaid, parlormaid, linen-room worker, elevator operator, cashier, clerical worker such as room clerk and desk clerk, coatroom attendant, matron, charwoman, telephone operator, cleaner, janitor, bellboy, porter, doorman, and all workers that may be properly classified in this occupation in any establishment furnishing rooms and/or lodging for remuneration. Class of employees covered Women and minors; men: Service, i. e., workers employed as bellboys, page boys, or porters who customarily receive gratui ties. Nonservice.......... -............-................ If em ployee works on more than two shifts in any day, or spread of hours exceeds 10 (12 in resort hotels). Minimum-wage rates 30 cents an hour. 35 cents an hour. 40 or over a week.113 Less than 40 a week. 50 cents an hour........................... 40 or over a week.113 55 cents an hour........................ - Less than 40 a week. 75 cents a day in addition to the hourly wage. (Deductions from minimum wage allowed only when au thorized by statute or pro vided for in this order. Deductions allowed for meals and lodging as specified in order. Employer must furnish, laun der, clean and maintain uni forms which are required as a condition of employment. In lieu of laundering uni forms employer may elect to pay employee an addi tional $1 per week.) “Laundry Occupations,” i. e., any activity Women and minors; men: Experienced_____________ ______ 70 cents an hour-..................... concerned with the washing, ironing, or Inexperienced (30 days)---------------- 65 cents an hour........................... processing incidental thereto of any kind of Experienced and inexperienced: Ex $1.05 an hour................................ fabric or laundry wares; the collection, dis ceptions: Driver salesmen and tribution, or sale of laundry service; the pro (Employer prohibited from driver saleswomen—they must re ducing or rendering of such activity or serv making or requiring any ceive not less than the basic mini ice by the employer upon his own behalf or charges against, or deduc mum for all hours worked over 45 a for others, more specifically by hotels, over tions from, the minimum week. night camps, clubs, business establishments, wage other than authorized factories, bakeries, self-service laundries, by law, except at employee’s automatic laundries, and any type of rental specific request in writing.) laundries, and other like establishments. Ex ceptions: Wards or charges of charitable or ganizations. T Hours Up to 45 a week.114 Do.114 Over 45 a week.113 m Retail Trade Occupa tions, No. 4-R-2, Nov. 15, 1952. (Supersedes mandatory order 4-R of Sept. 1, 1948.) South Dakota: Wages fixed in law. (Session laws: 1943, ch. 76, effective July 1,1943; 1945, ch. 77).113 (Amends ch. 309 of 1923.) “Dry-Cleansing Occupation," i. e., any activ ity concerned with the cleaning, refreshing, or restoration of any fabric and/or of any article of wearing apparel including pressing or other work incidental thereto or per formed in connection therewith; the collec tion, distribution, or sale of dry-cleaning service; the producing or rendering of such activity or service by the employer upon his own behalf or for others, more specifically by hotels, clubs, and like business establish ments or by automatic cleansers, self-service cleansers, or other types of rental cleansers. “Retail Trade Occupations" includes all em Women and minors; men: ployment in any industry or business selling Experienced....................................... merchandise to the consumer. Also work connected with the solicitation of sales, the Experienced (780 hours)................. . distribution of merchandise sold, or the inci dental servicing of goods sold. Exception: Experienced and inexperienced........ Home delivery of newspapers. Employee whose normal hours are 36 or more, taking voluntary leave and working less than 36 hours. Students under 18 117 If employee works a split shift, or spread of hours exceeds 12, or both. W> $28 a week 113__ 70 cents an hour. $26 a week 65 cents an hour. 95 cents an hour. $1.25 an hour___ Prorated............. 36 to 44 a week. Less than 36 a week.11® 36 to 44 a week. Less than 36 a week.11* Over 44 a week.113 On 7th consecutive day. Actual time worked. 60 cents an hour............ ......... . $1 a day in addition to the ap plicable minimum wage. Less than 36 a week. (If uniforms are required as a condition of employment, employer must furnish and maintain them.) Factory, workshop, mechanical or mercantile establishment, laundry, hotel, restaurant, or packing house. See footnotes at end of table. Os a Females over 14 years of age: In cities with population of 2,500 or over. $15 a week.................................... 10 a day, mum). Prorated........................................ Less than Elsewhere......................................... $12 a week..................................... 10 a day, mum). Prorated.......................... ............. Less than Learners, apprentices, and women To be fixed by Industrial Com mentally or physically deficient. missioner. 54 a week (maxi 54 a week. 54 a week (maxi 54 a week. ANALYSIS OF STATE MINIMUM-WAGE ORDERS, JULY 1, 1942-MARCH 1, 1953Continued 05 State, title and number of order, and effective date2 Utah: Restaurant Occupa tion, No. 2, Nov. 20, 1947, as amended in May 1951. (Supersedes orders 4 of Aug. 5, 1940, and 2 of June 1, 1946.) Occupation or industry covered Class of employees covered “Restaurant,” i. e., any place selling food or beverages in solid or liquid form to be con sumed on the premises. Exceptions: Retail ice-cream or retail soft-drink (nonalcoholic) establishments where as much as 90 percent of the business volume is from ice-eream or soft-drink sales. Women and minors: Experienced full-time employees in: All cities—Voluntary absence of employee whose normal work week is 48 hours. Experienced part-time employees in: Class 1 cities 119 Inexperienced 121 (3 months): Minimum-wage rates Hours 48 a week.120 Do.120 Do.120 Do.120 Weekly wage to be prorated....... Actual working time. Do. Do. After first 2 in any day.1,1 $1 a week less than the applicable minimum weekly wage. 2 cents an hour less than the rates prescribed for experi enced employees. (Furnishing of meals to em ployees allowed if a mutual agreement has been signed and copy filed with Indus trial Commission. If uniforms are required by the establishment, employ er must furnish, launder, and maintain them.) Retail Trade Occupa tions, Amendment of June 1, 1952. (Amends order 1 of Sept.JL, 1947.) 122 “Retail Trade Occupations,” i. e., any indus try or business operated for the purpose of selling, offering for sale, or distributing goods, wares, and merchandise at retail to selected individuals or to the general public, and rendering services incidental to such opera tions. Women and minors: Experienced: Logan, Provo, Murray, and Tooele. In all other cities and towns hav ing a population of more than 2,500. In towns and municipalities hav ing a population of 2,500 or less and in all unincorporated areas. 48 a week for women, 44 for minors under 18 (maxi mum).122 124 Do.122124 Do.123124 Do. 128 124 A Inexperienced (6 months or 1,000 4 cents less per hour than for ex hours). 185 perienced employees. Minors 14 to 16 doing delivery work, 50 cents an hour 123....................... chore work, or odd jobs in the establishment, not otherwise proprovided for in the order. If employee works a split shift......... 50 cents a day in addition to the applicable minimum wage. Public Housekeeping Industry, No. 3 as amended, Nov. 16, 1952. (Amends order 3 of Dec. 1, 1947.) “Public Housekeeping Industry,” i. e., hotels, boardinghouses, roominghouses, motels, apartment houses, resort hotels, hospitals, institutions, building space to rent for busi ness, manufacturing, commercial enter prises, and other public service. Includes linen-room girls, maids, cleaners, elevator operators, and any other female or minor employee connected with the establishment unless or until their specific occupation is governed by another minimum-wage order. Exception: Registered nurses, licensed prac tical nurses, and resident managers. See footnotes at end of table. Women and minors:1M Class 1 cities:127 Experienced............. Learners (2 months) Class 2 cities: 127 Experienced-........ . Learners (2 months). Class 3 cities:127 Experienced_______ Learners (2 months). (Furnishing of meals and lodging to employees al lowed, if a mutual agree ment has been signed and copy filed with Industrial Commission. If uniforms are required as a condition of employment, employer must furnish them and provide for their care and upkeep.) 65 cents an hour................. ........ 60 cents an hour.......................... Maximum: 8 a day,128 48 a week, 6 days a week.128 60 cents an hour................... ...... 55 cents an hour................. ......... Do.*28 »28 Do.126128 55 cents an hour.......................... . 50 cents an hour.......................... . Do.128 *28 Do.728 728 (Furnishing of meals and lodging to employees al lowed, if a mutual agree ment has been signed and copy filed with Industrial Commission. Exception: Resort hotels under the con ditions specified. If uniforms are required as a condition of employment, employer must furnish them and provide for their care and upkeep.) ANALYSIS OF STATE MINIMUM-WAGE ORDERS, JULY|1, 1942-MARCH 1, 1953 ‘—Continued State, title and number of order, and effective date * Occupation or industry covered Utah—Continued Laundry and Clean ing, Dyeing and Pressing Industries, No. 4 as amended, Jan. 25,1953. “Laundry,” i. e., any place where washing, ironing, cleaning, pressing, or processing incidental thereto, of any kind of washable fabric is conducted. (Supersedes order 4 of Sept. 1, 1947.) Washington: Office Workers, No. 43, Apr. 1,1949. (Supersedes order 37 of Jan. 1,1942.) “Cleaning, Dyeing, and Pressing Industry” includes those places or divisions of estab lishments where the cleaning or dyeing or pressing of particular fabrics and all proc esses incident thereto are conducted as a process aside from usual laundry practices. Class of employees covered Women and minors: In Laundry Industry: Experienced............. 65 cents an hour. Inexperienced (3 months)----------- 60 cents an hour. In Cleaning, Dyeing and Pressing Industry: Experienced........ ............................ 70 cents an hour. Inexperienced (6 months).............. 65 cents an hour. “Office Workers” includes but is not limited Women and minors to all types of clerical work, general office workers, typists, stenographers, secretaries, any and all office-machine operators, book keepers (hand and machine), accountants, accounting clerks, statisticians, tellers, cashiers, collectors, telegraph and teletype operators, PBX and office telephone oper ators, office messengers, ticket agents, ap praisers, librarians and their assistants, physicians’ and dentists’ assistants and attendants, research, X-ray medical or dental laboratory technicians and their assistants, office checkers, invoicers, and similar occupations. Exceptions: Women or minors employed by common carrier rail roads, sleeping car companies, and freight or express companies subject to regulations of Federal law; nurses and nurses’ aides not engaged in office work; telephone operators employed directly by a telephone company who are not engaged in office work: occupa tions in an industry covered by another minimum-wage order. Hours Minimum-wage rates Maximum for women, 8 a day, 48 a week; for minors, 8 a day, 44 a week. Do. Do. Do. (If a definite type of uniform is required by the establish ment, employer must sup ply the uniforms and provide for their care and upkeep, in cluding laundering.) 65 cents an hour. (129). Mercantile Industry, No. 44,*June 6, 1949. (Supersedes order 41 of Sept. 7, 1942, which superseded order 28 of Dec. 31, 1921.) Theatrical Amusement and Recreation In dustry and General Amusement and Rec reation Industry, Nos. 45 and 45-A, Nov. 28, 1949.130 “Mercantile Industry,” i. e., any industry, Women and minors. business, or establishment operated for the purpose of purchasing, selling, or distrib uting goods or commodities at wholesale or retail. Exceptions: Women or minors em ployed by common carrier railroads, sleeping car companies, and freight or express com panies subject to regulations of Federal law; nurses and nurses’ aides and also telephone operators employed directly by a telephone company, who are not engaged in pur chasing, selling, or distributing goods or commodities at wholesale or retail; occupa tions in an industry covered by another minimum-wage order. These amusement and recreation orders in Women and minors: clude any industry, business, or establish Women.................. ment operated for the purpose of furnishing Minors................... entertainment or recreation to the public. “Theatrical Amusement and Recreation In dustry” includes both moving-picture and legitimate theaters and food and drink dis pensaries operated in connection therewith. “General Amusement and Recreation In dustry” includes, but is not limited to, dance halls, theaters, bowling alleys, billiard parlors, skating rinks, riding academies, shooting galleries, race tracks, amusement parks, athletic fields, public swimming pools, private and public gymnasiums, golf courses, tennis courts, carnivals, wiredmusic studios, and concessions in any and all amusement establishments, but exclud ing the Theatrical Amusement and Recrea tion Industry. Exceptions: Occupations specifically covered by another wage order; cashiers (covered by the Office Workers’ order; employees of common carrier railroads, sleeping-car companies, and freight or express companies subject to regulations of Federal law; tele phone operators employed directly by a telephone company. See footnotes at end of table. 65 cents an hour. (8 a day maximum set by hour law for women and minors in mercantile estab lishments. Order specifies that the hours of women and minors in this industry “shall be subject to any applicable statutes of the State.”) 65 cents an hour........................ . 50 cents an hour........................ . (The wage orders for both branches of this industry specify that hours of em ployment of women and minors “shall be subject to any applicable stat utes of the State.” These industries, however, are not covered by the hour law for women.) (Employee may not be re quired to contribute from the minimum wage for the purchase or maintenance of tools, equipment, or uni forms; nor for the launder ing and cleaning of uni forms. When protective garments such as gloves, boots, or aprons are necessary to safeguard the health of or prevent injury to an em ployee, they must be pro vided and paid for by employer.) ANALYSIS OF STATE MINIMUM-WAGE ORDERS, JULY 1, 1942-MARCH 1, 1953'—Continued <55 00 State, title and number of order, and effective date2 Washington—Continued Public Housekeeping, No. 46, Jan. 23, 1950. (Supersedes orders 23 (public housekeep ing) and 36 (apart ment houses) of Oct. 4, 1921, and Dec. 7, 1937, respectively.) Beauty Culture Indus try, No. 47, Feb. 13, 1950. (Supersedes order 35-A of Dec. 1, 1940.) Occupation or industry covered Class of employees covered “Public Housekeeping Industry” includes but is not limited to: Restaurants; lunch counters; cafeterias; catering, banquet, or box-lunch service; curb service; boarding houses; all other establishments where food in either solid or liquid form is prepared for and served to the public to be consumed on the premises; hotels and motels; apartment houses; rooming houses; camps; clubs (public and private); hospitals, sanitariums, rest homes, or maternity homes; building or housecleaning or maintenance services. Exceptions: Occupations specifically covered by another wage order; cashiers (covered by the Office Workers’ order); employees of common carrier railroads, sleeping car com panies, and freight or express companies subject to regulations of Federal law; tele phone operators employed directly by a telephone company; nurses, student nurses, female internes, dietitians, and laboratorians. Women and minors. “Beauty Culture” includes hairdressing; hair coloring and bleaching; manicuring; hair manufacturing; massage; marcel or perma nent waving; cosmetology; haircutting; body massage and weight reducing; selling and demonstrating or applying beauty prep arations, cosmetics, and supplies either to the demonstrator or to other persons; in structing students in any of the foregoing occupations, and all services or operations incidental to such occupations, including the services of instructors in beauty schools. Women over 18 years of age licensed by the State to practice beauty culture. Minimum-wage rates 65 cents an hour (If meals are furnished, 40 cents per meal may be de ducted from the wages paid. A definite employer-employee agreement must be made if lodging rooms are furnished by employer as part of the minimum wage. Maximum amounts specified in the order. If a special uniform is required, it must be furnished and laundered by employer.) 65 cents an hour------- -----------(Employee may not be re quired to contribute from the minimum wage for the purchase, maintenance, laundering, or cleaning of uniforms required to be worn as a condition of em ployment.) > * Hours 8 a day (maximum set by hour law for women em ployed in hotels, restau rants, and several other industries). Order specifies that the hours of women and minors in this industry “shall be subject to any applicable statutes of the State.” 8 a day (maximum set by hour law for women in mercantile extablishments under which term “Beauty parlors” are included). Order specifies that the hours of employment of women in this industry “shall be subject to any applicable statutes of the State.” Laundry, Dry Clean ing and Dye Works Industry, No. 48, June 5, 1950. “Laundry, Dry-Cleaning and Dye Works In Women and minors. 65 cents an hour. 8 a day (maximum set by dustry” includes but is not confined to: hour law for women in (1) The marking, sorting, and washing, laundries and mechanical cleaning, collecting, ironing, assembling, establishments). packaging, pressing, receiving, shipping, or Order specifies that the hours (Supersedes order 25 of renovating in any capacity directly con of employment of women Dec. 14, 1921.) cerned with sale or distribution at retail or and minors in the “Laun wholesale of any laundry or dry-cleaning dry, Dry-Cleaning and service; (2) the work performed by clerical Dye Works Industry shall workers and telephone operators (not em be subject to any appli ployed directly by a telephone company) in cable statutes of the State.” connection with the production and furnish ing of these services; (3) the production of laundry, dry-cleaning or dyeing services on its own behalf by any establishment, which services may be incidental to its principal business; (4) the cleaning, pressing, finish ing, refreshing, dyeing, or processing of any article of wearing apparel, including hats, household furnishings, rugs, textiles, fur, leather (including shoes), or any fabrics whatsoever, when such activity is not per formed in the original process of manufac ture. Exceptions: Same as those shown for the Amusement and Recreation orders on p. 67 and the following additional excep tions: Minors engaged in vocational educa tion, work experience or apprentice training program, when such program is properly supervised by school personnel or in accord ance with written agreements or approved training schedules. Minors, No. 49, July 10, Minors employed in any industry or establish Minors, i. e., persons under 18 years of 50 cents an hour 131....................... 8 a day, 6 days a week (maxi 1950. ment who are not expressly covered by a age, not expressly covered by another mum). Exceptions: 16 and special industrial welfare order. Exceptions: minimum-wage order. 17-year old groups em (Supersedes order 42 of Agricultural labor; domestic work or chores ployed in seasonal indus Oct. 1, 1942.) performed in or about private residences; tries; cases of emergency. specific occupations listed in the order such as newspaper vendors and newspaper car riers. See footnotes at end of table. ANALYSIS OF STATE MINIMUM-WAGE ORDERS, JULY 1, 1942-MARCH 1, 1953 l—Continued -a State, title and number of order, and effective date2 Washington—Continued Manufacturing and General Working Con ditions, No. 50, July 17, 1950. (Supersedes order 40 of Sept. 7, 1942, and order 30 of 1922.) Food Processing Indus try, No. 51, Mar. 12, 1951. (Supersedes order 38 of July 3, 1942.) Fresh Fruit and Vege table Packing In dustry, No. 52, Apr. 16, 1951. Occupation or industry covered Manufacturing, i. e., any industry, business or establishment, wholesale or retail, oper ated for the purpose of making, remodeling, repairing or fashioning by preparing and combining materials by nature or machinery, or producing goods, wares and merchandise by some industrial process, including but not being confined to work performed in dressmaking, millinery, drapery and furni ture-covering houses, garment, art needle work, furmaking operations, shoe manufac turing and repairing, creameries, candy, floral, bakeries, biscuit-making and book binding establishments. Exceptions: Process ing by canning, freezing or otherwise of fruits and vegetables, fish or marine or other agricultural products; any industry or occu pation specifically covered by another mini mum-wage order; employees covered by a certificate of the Wage and Hour Division of the Department of Labor, permitting the employment of learners, messengers, or handicapped persons at wage rates lower than the minimum fixed by this order; minors engaged in vocational education, work experience or apprentice-training pro gram under conditions specified in the order. Food processing, i. e., any industry, business or establishment operated for the purpose of processing by canning, freezing, cooking or otherwise of food for human or other con sumption, including the processing of fruit, vegetables, fish, shellfish, dog food, or any other products for the purpose of preserv ing them for food purposes, for human or other consumption. Exceptions: (Same as the two last Exceptions shown for the Man ufacturing Order.) Fresh fruit and vegetable packing industry, i. e., any industry, business, establishment, person, firm, association or corporation en gaged in handling, packing, packaging, grading, storing or delivering to storage or Class of employees covered Hours Minimum-wage rates Women and minors: Experienced.......... 65 cents an hour. Inexperienced: First 320 hours. Next 160 hours. 55 cents an hour. 60 cents an hour. Women and minors. 65 cents an hour. m- Women. 65 cents an hour. (132). * 8 a day. (Maximum set by Hour Law for mechanical and other establishments. The term “mechanical” is interpreted by the State to include manufacturing.) Do. Do. * (■Supersedes order 39 of Sept. 7, 1942.) Telephone and Tele graph Industry, No. 53, May 1, 1951. to market or to a carrier for transportation to market, any agricultural or horticultural commodity in its raw or natural state as an incident to the preparation of such products for market. Exceptions: Same as for the Food Processing Industry; employees specif ically covered by another minimum-wage and welfare order. Telephone and telegraph industry includes any business or establishment operated pri marily for the purpose of transmitting mes sages for the public by telephone or telegraph for hire. (Supersedes order 27 of Dec. 14,1921.) Wisconsin: No. C-5, Feb. 10,1947.._ Any occupation, trade, or industry other than domestic service and agriculture. (See (Supersedes order 1 entries following.) (Form C-5) of June 10, 1932.) Women and minors: Experienced........ ................................ 65 cents an hour. Inexperienced (160 hours).................. 50 cents an hour. Women and minors: In cities having a population of: 3,500 or over___________ ____ 1,000 but less than 3,500........... Elsewhere in the State................ 45 cents an hour 49 133................. . 40 cents an hour 49 133.................. 38 cents an hour49 133__.............. . ___ do.13*........................................ No. C-5, Feb. 10, 1947, as amended Apr. 5, 1948. Industrialized agriculture, i. e., truck gardens, cherry and other fruit orchards, gardens eonducted or controlled by canning companies, and the culture or harvesting of sugar beets and cranberries. Women and minors............... -........ No. C-5a, 1947. Domestic service in private homes. Exception: Casual employment of minors under 18 in or around a home in work usual to the home of the employer and not in connec tion with or a part of the business, trade, or profession of the employer, such as caring for children, mowing lawns, raking leaves, shoveling snow, etc. Order defines casual employment as employment outside school hours, for a period of not more than 5 con secutive hours and not more than 10 hours in a week. Women and minors: If board only is furnished: In cities of: 3,500 or over................. ................. 1,000 but less than 3,500........... Elsewhere in State.......................... If both board and lodging are furnished: In cities of: 3,500 or over.—............._............ 1,000 but less than 3,500 Elsewhere in State..................... Geographic areas same as those shown above. Agriculture other than industrialized agri culture. Women and minors: If board only is furnished...... ............. If board and lodging are furnished_ _ If board, lodging, and washing are furnished. AIL....................................................... Feb. 10, See footnotes at end of table. (132). O33). Women: In general, 9 a day, 50 a week, hotels 10 a day, 56 a week; minors under 18, 8 a day, 40 a week.134 (Order C-5 permits deductions for board and lodging in the various occupations covered by the order, as specified.) $12 a week__ $10.75 a week. $10.25 a week. 45 or more a week. Do. Do. $8 a week..................................... . Do. $7.25 a week................................ . Do. $7 a week_____________ ____ Do. Rates same as the hourly rates Less than 45 a week. of the general order. (See above.) $10.25 a week....... ........ ................ $7.25 a week..... ........................... $6.50 a week_________ _______ 45 or more a week. Do. Do. 38 cents an hour........................... Less than 45 a week. ANALYSIS OF STATE MINIMUM WAGE ORDER, JULY 1, 1942-MARCH 1, 1953^Continued -a to State, title and number of order, and effective date2 Wisconsin—Continued Factories Canning or First Processing Fresh Fruits and Vegetables, special order 1952, (order issued each season). Occupation or industry covered “Canning or First Processing Fresh Fruits or Vegetables.” Women 18 years and over; girls and boys 16 to 18 years of age. 1 Provisions of flat-rate laws also included. 2 Where only one date is shown the order became mandatory on that date, unless other wise indicated. A “directory” order is nonmandatory for a period during which pub licity is the only penalty for failure to pay the minimum wage. 3 The order as revised in 1943, omits the exception as to the area around Nogales. It makes no other change. * Maximum hours for women and minors, 8 a day, 48 a week. # Employee called to work on any day must be paid at least 4 hours' wages at the rate at which he or she is classified. ® Number not to exceed 33^j percent of women employed in establishment, except that 1 learner is permitted if less than 3 women employed. Rule not applicable during the month of December or the 2 weeks immediately preceding Easter. i The basic weekly minimum need not be paid from June 1 through Aug. 31, by estab lishments in the counties of Cochise, Gila, Graham, Greenlee, Maricopa, Pima, Pinal, Santa Cruz, and Yuma; and from Dec. 16 through Mar. 15, by establishments in Apache, Coconino, Mohave, Navajo, and Yavapai Counties. 8 Number not to exceed 10 percent of women and minors employed in establishment, except that 1 learner is permitted if less than 4 women and minors employed. 9 The attorney general of Arkansas, in an opinion dated Apr. 17, 1947, held that the 1943 amendment to the State’s wage-hour law made the $1.25 and $1 minimum-wage rates applicable to a day of 8 hours. . a . Women may be employed on 7 days a week if and when an industry engaged in handling perishable products would suffer an irreparable injury or if the labor commis sioner determines that exigency requires such overtime. 11 No basic minimum-wage rate set in this order. 12 Provisions in the orders for these two industries are identical and because of the close relationship between manufacturing and selling the Industrial Welfare Commission combined the two orders; it is expected that this will greatly simplify enforcement. >3 Employee called to work on any day must be paid for half the usual day’s work, but in no event for less than 2 hours’ work, at the employee’s regular rate which shall be not less than the applicable minimum wage prescribed by the order. u Number employed at this rate may not exceed 10 percent of the number of persons regularly employed in the establishment. Where fewer than 10 persons are employed in an establishment, employment of one learner or one minor at the lesser rate is per mitted. Minimum-wage rates Class of employees covered * Jc. * 1 times employee’s regular rate.13® Hours Over 9 to 11 a day or over 54 to 60 a week, whichever is greater, on 12 emergency days during the season of actual canning of a product.136 29 If an employee receives a commission or bonus as part of his earnings, overtime may be figured at $1 an hour in addition to and exclusive of all other earnings, or at 1H times the regular hourly rate which when computed will include commissions in addition to the established hourly or weekly wage or any combination thereof. The order expressly exempts from the overtime provisions: (1) Executive, administrative, and professional employees; (2) outside salesmen and automobile-service mechanics under the conditions specified. . # _ ... 30 Maximum hours for females employed in mercantile establishments m Connecticut 8 a day, 48 a week. , , 31 Defined as any person holding a registered hairdresser s and cosmetician s license issued by the State of Connecticut, or any person holding an assistant hairdresser’s and cosmetician’s license who has achieved 2,000 hours of experience under such license. 32 Includes appointment clerks, desk clerks, telephone operators, bookkeepers, stenog raphers, typists, and other clerical employees. Workers with less than 3 months’ or 600 hours’ experience are termed “learner clerks.” 33 Part-time operators and clerks are defined as those employed on 1, 2, or 3 days a week, irrespective of the number of hours worked on any one day. . . 3i Maximum hours for women and minors employed in hairdressing or manicuring establishments in Connecticut 9 a day (10 allowed on 1 day in week), 48 a week, 6 days a week. as Defined as any person holding an assistant hairdresser’s and cosmetician’s license issued by the State of Connecticut, who has not as yet achieved 2,000 hours of experience under this license. . . . ,, _ _ . , , ss Defined as any person holding an operator’s license issued by the State who has not yet achieved 2,000 hours of experience under this license. 37 Employees, other than full-time students under 18 years of age on days when schools are in session, must be paid at least 4 hours’ wages at the applicable minimum rate on any day called to work. New Jersey’s laundry and cleaning and dyeing order provides that the 4 hours be paid for at employee’s regular rate. The District of Columbia retail trade order specifies that the part-time minimum rate—65 cents an hour—be paid; New York’s retail order in addition to exempting students, exempts from payment of the minimum daily wage, stores or businesses having not more than 1 employee in any week. 3S The District of Columbia hour law establishing 8 hours a day, 48 hours a week as the maximum women 18 years of age or over may be employed in certain establishments or industries applies to offices in those establishments or industries. The hour law covers *♦ * manufacturing, mechanical, or mercantile establishments, laundries, hotels, restaurants, 15 If total hours worked in week do not exceed 30 and daily hours do not exceed 6, an telegraph or telephone establishments or offices, and express or transportation companies. employee may be employed 7 days a week. 18 Employee called to work on any day must be paid for at least 2 hours at not less than General offices, however, are not covered by the hour law. 88 Employee to whom the weekly minimum rate applies must be paid for at least 4 hours the applicable minimum rate. 17 Hours may not exceed 72 in any 7 consecutive days, after which the employer may at the applicable part-time hourly rate, on each day she reports for work under general or specific instructions. Part-time, workers must be paid for 3 hours, except that full-time not employ the worker for a 24-hour period. 18 Hour provisions not applicable to women 18 and over employed as resident house students on days when school is in session may be paid for the number of hours actually mothers or in occupations with similar duties involving direct responsibility for child! en worked. under 14 receiving 24-hour care. The maximum workweek in such occupations, however, 40 On June 12, 1952, the District of Columbia Municipal Court of Appeals reversed the decision of the Municipal Court of the District of Columbia and declared this order may not exceed 54 hours or 6 days. invalid, terming it a miscellaneous “catch-all” order. At the time this bulletin was 16 Part-time workers, called for less than one-half day’s work, must be paid for at least sent for publication, decision on an appeal to the Circuit Court of Appeals had not been 2 hours at the employee’s regular hourly rate. rendered. (See Editor’s Note on p. 26.) 20 Colorado’s hour law sets 8 hours a day as the maximum women and gii’ls may be employed in various establishments among which are laundries, mercantile (see footnote 41 The act authorizes the Department of Labor and Industrial Relations to make regu lations providing for payment of a lower hourly rate to learners, apprentices, etc., and 22), hotels, and restaurants. In emergencies, longer hours are allowed, provided premium overtime is paid and employer has first obtained a relaxation permit horn the Industrial to children 14 years of age and under. 42 An Illinois retail trade order, directory Aug. 12,1948, was declared void by the Circuit Commission. 21 Number of employees receiving this lower rate may not exceed 20 percent of the total Court of Sangamon County, June 7, 1949. number of employees in any establishment at any oDe time. If fewer than 5 persons 43 Learners may be employed only by special permit from commissioner of industrial employed, establishment may employ one inexperienced person at this rate. relations who fixes the rate for each learner. Maximum learning period 720 hours. 22 An interpretation of the "State’s maximum-hour law by the attorney general states Learners may not exceed one-third of the total number of regular full-time employees. Employer must obtain learner certificate for worker before he can pay rates lower than that the term “mercantile establishment” includes beauty parlors. The 8-hour day those fixed in the order. established by that law applies, therefore, to women employed in beauty service occupa 44 Zone 1 includes cities of 20,000 or more population and contiguous territory within tions as w'ell as to those in mercantile and the other industries listed in the law. 23 The number of junior operators paid less than the established rate for senior operators 5 miles thereof; zone 2—cities having between 4,000 and 20,000 population and contiguous may not exceed 20 percent of the total number of operators. In shops employing less than territory within 2 miles thereof; zone 3—rest of State. 5 operators one junior operator may be employed at the “junior” rate. 45 Maximum hours for women and girls in practically all industries 10 a day, 60 a week. 24 The minimum fair-wage rate of all orders issued or in effect on July 1, 1951 became 48 Hour law establishes 9 hours a day, 48 hours a week as the maximum for “women 75 cents an hour on Oct. 1, 1951, in accordance with the provision contained in the 1951 and children” employed in or in connection with any factory, workshop, manufacturing, amendment to the State’s Minimum-Wage Law. The minimum hourly rate established mercantile or mechanical establishment, telegraph office or telephone exchange, express by the laundry order was 70 cents between Apr. 17, 1951 and Oct. 1, 1951. or transportation company, private club, office, letter shop, financial institution, laundry, 25 Employee called to work on any day must be paid for at least 4 hours for that day at hotel, manicuring or hairdressing establishment, motion picture or other theater or other his or her regular rate or the minimum rate, whichever is higher. (For adult males em place of amusement, garage, hospital in a nonprofessional capacity, or as an elevator ployed in Cleaning and Dyeing Occupations in Connecticut and for employees in the operator, or a switchboard operator in a private exchange. It expressly exempts women Confectionery Industry in New York, the minimum rate must be paid for the 4 hours.) and minors who are: (1) Employed exclusively as personal secretaries; (2) declared by If a laundry’s regular working day on Saturday is less than 4 hours, the Connecticut the commissioner to be employed in a supervisory capacity; and (3) professional personnel order requires that the guaranteed daily wage be paid for 3 hours. in hospitals. Labor Commissioner is granted authority by the law, however, to permit 26 Maximum hours for women and minors in “manufacturing and mechanical estab the cm j)loyinent of office workers for more than 9 hours a day (but not more than 48 hours lishments,” under which terms laundries and cleaning and dyeing are included, are 9 a a week) and of nonprofessional hospital employees for more than 9 hours a day or 48 hours day, 48 a week. In emergencies, labor commissioner may allow 10 hours a day, 55 hours a week in an emergency. The law cites several permissible variations from its established a week, for 8 weeks in any 12 consecutive months. In a National emergency, the number maximum-hour standards. of weeks may be extended under the conditions specified in the statute. In manufacturing establishments and hotels where employment is determined by the 27 Employee called to work on any day must be compensated for a minimum of 4 hours’ Labor Department to be seasonal, women may be employed 52 hours a week, but the earnings at his or her regular rate. In Connecticut mercantile establishments where year’s weekly average may not exceed 48 hours. instances of regularly scheduled employment of less than 4 hours has been agreed to in 47 Employee reporting for duty on any day at the time set by employer must be paid writing by employer and employee, and approved by the Labor Department, the 4-hour at least 3 hours’ wages at the applicable minimum rate, unless employment on that day guaranteed wage may be waived, provided the minimum daily pay in every instance is is rendered impossible by conditions beyond the employer’s control. at least twice the applicable minimum hourly rate. 28 Number of beginners over the age of 18 may not exceed 5 percent of the persons reg 48 Employee may not be required to make a deposit for uniforms or for any other pur pose, except by permission of the Minimum Wage Commission. ularly employed in the establishment. Footnotes continued on page 74 49 Order requires that home workers be employed at the established minimum rates or the equivalent in piece rates. Special permit must be obtained by employer before such work may be distributed. 40 Employee who reports for duty on any day at the time set by employer must be paid at least 3 hours’ wages at the applicable minimum rate. The Massachusetts’ clerical, public housekeeping, personal services, mercantile, food processing, and building-service orders provide that if employee is unable or unwilling to accept 3 hours’ employment the Minimum Wage Commission may grant employer permission to employ the worker for less than 3 hours. The public housekeeping order expressly excludes charitable organizations, hospitals, schools, colleges, universities, and summer camps from the 3-hour provision; the mercantile order likewise excludes newsboys, and the building service order excludes employees working on residential property and also those working for more than one employer from this provision. 41 A provision in the public housekeeping order authorizes the Minimum Wage Com mission to grant to any school, college, university, or summer camp, an educational employment license, permitting payment of less than the minimum-wage rates estab lished by the order to students enrolled and employed in such institutions in public housekeeping occupations. *2 The Minimum-Wage Commission may grant to any person, including a learner or apprentice, whose employment in barbering or hairdressing is part of a cooperative educational program, including an on-the-job-training program or an apprentice-training program, a special license authorizing employment at wages less than the applicable minimum-wage rates set by the order and for such period of time as shall be fixed by the Commission and stated in the license. The food processing occupations order has a simi lar provision for persons whose employment in food processing is part of a cooperative educational program. *3 The Minimum-Wage Commission may grant a special permit for a 48-hour week to cover peak periods of not more than 8 weeks in calendar year, at the weekly rate estab lished in the order, if employer can show compensatory hours of employment. 44 “Casual employee” is defined as a person in amusement and recreation occupations who is not regularly employed but who reports to work as an extra at the direct request of the employer when such employment depends upon weather conditions, time, or pub lic response to specific performances. Pin boys are deemed casual employees for the pur pose of this order. 44 The term inexperienced caddie is defined as one who has “carried” for less than fifteen 18-hole rounds of golf, whether in connection with the same or any other golf club. |f Class A—Cities of more than 50,000 inhabitants. Class B—Cities of 20,000 to 50,000 inhabitants. Class C—Cities, towns, villages, boroughs, and townships of 10,000 to 20,000 inhabit ants. Class D—Cities, towns, villages, boroughs, and townships of less than 10,000 inhabitants. 47 Maximum hours for women and girls in mercantile and several other occupations, 54 a week. In cases of emergency or when industrial commission grants special exemp tion, longer hours are permitted. 48 Employee reporting for work on any day at the time and place designated by em ployer, must be paid for at least H day’s work at the rate agreed upon in the contract of employment. Provision not applicable if employer has given 8 hours’ notice that her services will not be required on that particular day. 49 Hour law permits suspension of the hour provisions for regular employees in mer cantile establishments during the 7 days before Christmas, if weekly average for year does not exceed 54 hours. 60 No part-time employee, able and willing to work shall be employed less than 4 hours in any 1 day. 74 Ushers in motion-picture theaters required to report for work on any day, must be paid for at least 4 hours; the guarantee shall be 2 hours, however, on those days on which a theater is open only in the evenings from 6 p. m. on. 74 A full-time employee is defined as one who works more than 32 hours a week. In no event shall the earnings for a workweek of more than 32 hours be less than the total that may be earned at the part-time rate for 32 hours in any such week. A part-time employee is defined as one who works up to and including 32 hours a week. 74 The minimum daily wage shall be at least 4 hours’ pay at the applicable minimum wage rate. The minimum daily wage of an employee, other than those in the groups specifically exempted from this provision by the order, shall be at least 4 hours’ pay at the applicable minimum-wage rate. 77 Zone I includes the city of New York, the counties of Westchester and Nassau, and all communities which have a population of over 10,000 according to the latest United States census. Zone II includes all communities having a population of 10,000 or less, according to the latest United States census, except communities of 10,000 or less in Nassau and West chester Counties. Zone II shall continue for 1 year from the effective date of this order; thereafter the rates established for Zone I shall be paid throughout the State. Any laundry located in Zone II doing business with an agent who services customers in Zone I, or maintaining a route office, or drop store in Zone I shall be considered in Zone I for those weeks in which such business is done and must pay the higher minimum-wage rates applicable to a laundry in Zone I. 78 Full-time employee is one who works more than 24 hours on 4 or more days in week; part-time worker, one who works 3 days or less or 24 hours or less in any week at the direction of the employer. 79 Any full-time employee, voluntarily absent from her full-time assigned work sched ule, shall be paid not less than the full-time basic hourly rate for each hour of working time. 89 A part-time employee who reports for duty on any day must be paid for not less than 4 hours of work, and if employed on any day for more than 4 but less than 8 shall be paid for not less than 8 hours of work on that day. 81 Employees in the four following classifications need not be paid the minimum weekly wage, but must be compensated at not less than the applicable basic minimum hourly rate for the number of hours of working time: (1) An employee assigned to work 24 or more hours in any week who is voluntarily absent in such week; (2) a new employee, never heretofore employed, during first week of work; (3) employee in any week in which there is a total stoppage of the whole plant in excess of 6 hours, under the circumstances specified; (4) a minor whose hours are limited by law to fewer than 30 a week. 89 Employee reporting for duty on any day at the request or permission of employer must be paid for at least 4 hours at the applicable minimum-wage rate, unless employee refuses or ceases to work the entire period of 4 hours, when wrork is available. Students regularly attending a full-time school (other than delivery boys, who are to be paid for the number of hours worked on any day school is in session) must be paid for 3 hours at the applicable minimum-wage rate, on any day when school is in session. 83 Employee called to work on any day, whether assigned to duty or not, must be paid for the maximum length of the stint she is hired to work (3 hours, if 1 shift; 6 hours if 2 shifts; 8 hours if 3 shifts) at the applicable minimum rate. The hotel order provides that actual hourly earnings must be paid, if such earnings exceed the minimum daily wage. Employee-students exempted from this provision on any workday when they are required to attend school, must be paid for each hour of actual work or permitted attendance in the establishment at the applicable minimum hourly rate. * 249600 — 53 , o * * 61 Number of learners may not exceed 10 percent of the total number of women and minors employed in the establishment, except that each establishment is allowed one learner. Authorization of labor commissioner required for employment of learners in the retail trade and dry cleaning industries. No establishment covered by the beautician occupation order may have more than one apprentice at any one time. 82 The 1949 amendment directed the labor commissioner “to readjust minimum wages for women and minors insofar as it may be necessary” in view of the minimums fixed by the statute. Such readjustments have been made and the orders, as reprinted, provide for a basic wage rate of 50 cents for experienced workers and of 35 cents, on permit, for inexperienced workers. By attorney general ruling, minimum wages for women and minors may continue to be established by wage order for occupations exempt from the statutory rate as well as for all other occupations covered by the original law. (The latter exempts domestic service in the home of the employer and labor on a farm.) 83 Hour law permits labor commissioner to grant laundries a special license permitting operation for 60 hours a week for 3 months a year. Daily maximum may not be exceeded. 64 Labor commissioner is authorized to make regulations with reference to the service of students employed in restaurants who receive meals in lieu of pay. 64 New Hampshire's hour law establishes 10J4 a day, 54 a week as the maximum for women and minors employed at manual or mechanical labor in employments other than manufacturing. It expressly exempts hotel and cabin labor, including dining and res taurant service operated therewith and incidental thereto, and boarding house labor. 88 The New Jersey minimum-wage law expressly exempts hotels from its coverage. Guaranteed weekly wages of $8.50 (service) and $11.50 (nonservice) are established in the order for workers whose hours total more than 24 in any week. 63 Maximum hours for women 18 years and over, 10 a day, 54 a week. 89 Zone A includes Bergen, Camden, Essex, Hudson, Mercer, Middlesex, Morris, Passaic, and Union Counties. Zone B includes Atlantic, Burlington, Cape May, Cumberland, Gloucester, Hunterdon, Monmouth, Ocean, Salem, Somerset, Sussex, and Warren Counties. 70 If 40 hours' work is not available to an employee in any week, a bonus of 10 percent must be added to the applicable minimum rate, when employee's total wage for that week is less than the amount employee would receive for 40 hours. 71 Employees, other than minor students attending school, must be paid at least $2 on any day called to work. Not applicable on days when it is established that employer has made available to the employee the minimum number of hours of work mutually agreed upon prior to the commencement of work on that day. 72 Maximum hours 8 a day, 48 a week for females and male minors between 16 and 18 years of age. To make one or more short days in week, 10 hours allowed on one day and up to 9 hours on the 4 remaining days, but weekly hours may not exceed 48. In mercan tile establishments, the 8-48 hour maximum does not apply during 2 weeks in year for inventory and for 7 consecutive days from Dec. 4 through 23, selected by the employer who must notify the Industrial Commission. Hours law expressly exempts from its provisions females over 16 employed in: (1) Beauty parlors in cities and towns of less than 15,000 population; (2) resort or seasonal hotels or restaurants in rural communities and in places of under 15,000 population, as specified. 73 The mandatory order for retail trade split the population group of under 10,000 in the directory order, so as to shorten for the small-sized communities the period to which the overtime rate applies. Rates not changed. -^1 04 Footnotes cont: ■M <• 84 Hour law expressly exempts from the 8-48 hour maximum females over 16 employed in resort or seasonal hotels or restaurants in rural communities and small cities and villages as specified. 85 In all-year-hotels nonresident ial employees receiving one meal per day may be paid 5 cents less than the applicable basic hourly rates and 10 cents less if two or more meals are received; for residential employees in such establishments who receive meals, a weekly differential of $7 is permitted. In resort hotels employees who receive lodging but no meals may be paid $5 less than the weekly minimum rate established for employees receiving neither meals nor lodging if 3 meals but no lodging, $7 less; and if both lodging and 3 meals a day are received, $12 less. 38 The order provides that “all existing State hour and wage laws applying to women workers shall apply to all manufacturing industries and establishments.” 37 Number of employees paid less than the rates for experienced workers may not exceed 25 percent of an establishment’s employees. 83 High-school students enrolled in the part-time cooperative school-work program con ducted by the Ohio Department of Education are excluded for a period not exceeding one school year from the provision providing for premium rates for part-time workers. 39 Employee reporting for work on any day pursuant to employer’s instructions must be paid for at least 3 hours’ employment. 89 Pieceworkers must be paid a rate which will enable at least 50 percent of such workers to earn not less than the minimum. 91 Employee reporting for work on any day must be paid for half the usual day’s work (Oregon's Poultry order sets 4 hours) at his or her regular rate. Provision not applicable to apprentices as specified. . 92 Permit must be obtained before employer may hire workers at the inexperienced rate. The Rhode Island retail trade order also requires a certificate for any student under 18 employed in retail trade. 93 Employee reporting for work on any day must be paid for 2 hours’ at the minimum rate, if he or she is available for 4 hours’ employment. Not applicable to apprentices regularly indentured under the State Apprenticeship Law or in specified emergencies. 94 Hour regulations not applicable in the event of disaster within the community. 95 Maximum for women and minors, 8 a day, 44 a week. 98 Maximum fer women and girls, 10 a day, 48 a week. 97 Order 2, promulgated in February 1943, covered the sugar industry but the Supreme Court of Puerto Rico declared it void and unconstitutional. Order 3 was accordingly adopted. Order 10 covering the dairy industry was also declared void by the territorial supreme court. 93 This minimum has been in effect since March 1,1945. An escalator clause in the order set minimum hourly rates of 20 cents, 22\i cents, and 24 cents respectively, for periods beginning Mar. 26, 1943, Apr. 16, 1943, and Mar. 1, 1944. 99 The 1949 amendment to the women’s employment law of Puerto Rico removed the limitation on women’s hours of work. The amendment provides, however, that if em ployee is not covered by the Federal Fair Labor Standards Act, double the regular rate must be paid for hours over 8 and up to 12 a day and for horns over 48 and up to 72 a wreek. If covered by the Federal act, V/2 times the regular rate must be paid for hours over 8 and up to 12 a day or over 40 and up to 60 a week. Three times the regular rate must be paid to (1) all women, for hours worked in excess of 12 a day; (2) those not cov ered by the act, for hours over 72 a week; (3) those covered by the act, hours over 60 a week. 100 Zone I -Aguadilla, Arecibo, Bayamon, Caguas, Guavama, Mayaguez, Ponce, Rio Piedras (including Hato Rey) and San Juan. Zone II—All other piaces. led on page 76 -q ca 101 Zone I—San Juan and Rio Piedras. Zone II—All other places, 102 Employee who works 4 hours or less a day during more than 1 performance of a show or movie is entitled to pay for 4 hours’ work at the applicable minimum rate. Employee who works 3 hours or less during only 1 performance of a show or movie is entitled to pay for 3 hours’ work at the minimum rate for that particular zone. 103 Zone I—San Juan and Rio Piedras. Zone II—Aguadilla, Arecibo, Bayamon, Caguas, Fajardo, Guayama, Humacao, Mayaguez and Ponce. Zone III—All other nlaces 104 Employee must be paid at least 4 hours’ wages on any day called to work, under conditions specified in the order. T . 0 105 Zone I includes farms (1) in the municipalities of Aguadilla, Cidra, Corozal, Lajas, Las Piedras, Mayaguez, Morovis, Naranjito, San German, Toa Alto; (2) in certain small villages: (3) in the municipal jurisdiction of Bayamon; and (4) in any other municipality of the mountainous region of Puerto Rico or of the west coast. Zone II. Includes farms located in the remainder of the Territory. 106 Order provides that the minimum-wage increase or decrease according to the price of coffee set by a Production Board. A scale of prices attached to the order shows the minimum-wage rates applicable as the price of the product is increased or decreased. 107 “Day” is defined in the order as a period of 8 hours of work iu any 24 consecutive hours. No maximum hours are established for the industry in the order or in the law. 108 Zone I includes dairies in the municipalities of Loiza, Canovanas, Carolina, Caguas, Trujillo Alto, Rio Piedras, San Juan, Guaynabo, Catano, Bayamon, Toa Baja, Toa Alto, and Dorado, as well as any dairy the products of which are sold in whole or in part in any of the above-mentioned municipalities. Zone II includes all dairies other than those included in Zone I. _ 'os Zone I includes the capital; Zone II, all other localities in the Territory, no Proposed order No. 21 was approved prior to No. 22, but final order No. 22 was issued before final order No. 21. # , ...... iu In hotels with casinos (classified as Class A), Zone I includes the capital and the municipalities of Carolina, Trujillo Alto, Bayamon, Catano, Guaynabo, and Aguas Buenas; Zone II—Ponce, Mayaguez, and Arecibo; Zone III—All other localities. In all other hotels (classified as B) Zone I includes the capital, Zone II, the municipalities of Aguadilla, Arecibo, Bayamon, Caguas, Guayama, Mayaguez, and Ponce; and Zone III, all other localities. n2 Rhode Island’s Restaurant and Hotel Restaurant Occupations order of 1942 was revised in 1950, but did not go into effect because it was enjoined by the Supreme Court in Providence. At the time this bulletin went to press, the Director of Labor of Rhode Island was about to appoint a new wage board for this industry. ii3 Maximum hours for women and minors, 9 a day, 48 a week. If 5-day week is worked, daily hours may be 94S. ., , A_ .. ., , .. in Employee called to work on any day must be paid for not less than 4 hours at tne employee’s regular rate. Provision not applicable to work done on Saturdays. ii6 No reduction may be made in wage because of summer or seasonal schedules of store or in week in which a holiday occurs. „ . . , . ,, ii6 Employees, other than students who cannot work a full 4 hours a day during tne regular hours of the store, must be paid at least 4 hours’ wage on any day called to work. in Employer must have on file at the place of employment a part-time work certificate or school certificate of age for any student employed at the rate for part-time student workers provisions of the 1943 act enacted for a 2-year period were made permanent in ns The 1945. % 122 The 1952 amendment to the Utah retail trade order revised the minimum-wage sec tion of the 1947 order by establishing hourly instead of weekly basic minimum-wage rates for each of the four classifications of cities and towns. It made slight changes in the classifications of the two smaller-sized population groups, and expressly repealed the sec tion dealing with odd-hours’ differentials and overtime. 123 Employee called to work on any day must be paid for at least 4 hours at the rate of 65 cents an hour. Exception: Minors must be paid for at least two hours. 124 Hour law permits overtime if life or property is in imminent danger. In emergencies or peak periods in the business of an employer, Industrial Commission may permit longer hours. Regulations issued by the Commission prescribe certain conditions for obtaining permits for such overtime. , . . . 125 Number may not exceed 25 percent of the total number of workers covered by this order in the establishment. ..... „ is® Employment of girls under 18 and of boys under 16 prohibited in this industry. Boys 16 and under 18 may be employed 8 hours a day, 6 days, 44 hours a week if certificate has been obtained from school superintendent or the local issuing officer. 127 Class 1—Cities over 10,000 population; class 2—cities of 3,000 and under 10,000 popu lation; class 3—Cities of under 3,000 population and all other incorporated or unincorpo rated areas. , T . , . 128 A one-half-hour meal period must be included in the 8 hours. In emergencies females over 21 may be employed over 8 hours a day or on the 7th day, if employer obtains a permit from the Industrial Commission. ns Hour laws for women and for minors set an 8-hour maximum, and this applies to office workers in the industries and establishments covered by these laws: Mechanical or mercantile establishments, laundries, hotels, and restaurants by the women’s law and all industrial employment by the minors’ law. Women employed in general offices would not, however, come under this 8-hour standard. The wage order specifies that “the hours of employment of women and minors as office workers shall be subject to any applicable statutes of the State.” . , , , iso For this industry, Washington issued 2 orders: 1 for theatrical amusement and rec reation and the other for general amusement and recreation. Except for the variance m the definitions of coverage, the provisions of both orders are identical. 131 Whenever Administrator of the Wage and Hour Division of the United States De partment of Labor shall issue a certificate or certificates permitting the employment of learners, apprentices, messengers, and handicapped workers, at wage rates below the minimums fixed in this order, the payment of wages in accordance with such permits shall not constitute a violation of the order. . 132 A provision in the order states that hours of employment of women and minors snail be subject to any applicable statutes of the State. The canning and packing of perishable fruits and vegetables are expressly exempted from the State’s 8-hour law. 133 Piece rates on a particular kind of work are deemed adequate if they yield to 75 per cent of the women and minors, 3 cents per hour more than the prescribed minimum. 134 Maximum hours; however, under the 9-50-hour law women may be employed JO hours a day, 55 hours a week, during emergency periods not exceeding 4 weeks a year, if time and a half employee’s regular rate is paid. Industrial commission must be notified of such overtime within 24 hours. Attendants in sanitariums required to be on duty for more than 55 hours a week must be paid, as a minimum, for 55 hours a week. 135 No basic minimum-wage rate set in this order. The State’s order for any occupation trade, or industry sets three rates according to size of city or town: 45 cents in cities of 3,500 population or over; 40 cents in cities of 1,000 up to 3,500; and 38 cents elsewhere m the State. i V V CM®88 1—Sait Lake City and Ogden; class 2—Provo, Helper, Price, Logan, Murray and Tooele; class 3—Bingham, Brigham City, Eureka, Midvale, Park City, American *brk.v,B°untiful, Cedar City, Lehi, Payson, Richfield, Smithfield, Spanish Fork, SpringV1George, Nephi, and Verna^; class 4—Towns of 5,000 population or under. 120 Hour law establishes a maximum week of 48 hours for women and 44 hours for minors under 18, permitting overtime in emergencies as specified. The order requires that a one-half-hour meal period be included as working time. The Utah restaurant order defines part-time employee as one who works less than 8 hours a day or less than 48 hours a week. 121 Number may not exceed 1 learner to every 5 experienced employees in the establish ment. •<1 ■>» 4 < ■3* During the canning season, maximum hours for women and minors over 16 are 9 a day, 54 a week, except on 12 emergency days in the season of actual canning of a product when women and minors 16 to 18 years of age may be employed 11 hours a day, 60 hours a week. Hour limitation may be waived for boys of 16 and 17 years in 10 weeks during canning season under conditions specified in the order. Before and after the canning season, maximum hours are 9 a day, 50 a week for women 18 years and over; 8 a day, 48 a week for boys and girls of 17 years; and 8 a day, 40 a week for boys and girls of 16 except that during school vacations they may work 48 hours a week. STATES WITH MINIMUM-WAGE LAWS [Applicable to women andminors, unless otherwise noted] New Hampshire (any employee) Arizona New Jersey Arkansas (women and girls) New York (women and minors; men) California North Dakota Colorado Ohio Connecticut (any employee) Oklahoma (adult women) District of Columbia Oregon Illinois Pennsylvania Kansas Rhode Island (women and minors; men) Kentucky South Dakota (women and girls) Louisiana (women and girls) Utah Maine Washington Massachusetts (any person) Wisconsin Minnesota Nevada (women and girls) Puerto Rico: (1) (women and girls) Alaska (women) (2) (any employee) Hawaii (all employees) ♦ INDUSTRIES COVERED BY STATE MINIMUM-WAGE RATES The summary following shows the orders by their title and not by the industries and occupations listed in the definition of coverage of any specific order. The listing covers orders issued between July 1, 1942 and March 1, 1953. Currently effective orders, issued prior to July 1, 1942, are listed on page 84. 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 22 States, the District of Columbia, Alaska, Hawaii, and Puerto Rico. In 7 of these 26 jurisdictions, minimum-wage laws are applicable to adult males as well as to women and minors. These are Connecticut, Massachusetts, New Hampshire, New York, Rhode Island, Hawaii, and Puerto Rico. Since July 1, 1942, 22 jurisdictions have set wages that apply to workers in the major trade or service occupations: Hotels and/or restaurants; mercantile or retail trade establishments. Ihe great majority of these jurisdictions also cover workers in laundries and in cleaning and dyeing establishments. Fourteen jurisdictions established minimum-wage rates for workers in beauty parlors during the period covered. Twelve set minimums applicable to workers in amusement and recreation enterprises; 12 in packing plants; 11 to employees engaged in clerical, technical, and professional occupations; 10 to hospital employees. In nine jurisdic tions building service occupations are covered; in eight, transportation workers and telephone and/or telegraph workers. Agriculture is 78 i •t covered in four jurisdictions and domestic service in Wisconsin and Alaska. The State minimum-wage rates apply as follows: Hotels and/or restaurants, or public housekeeping Nineteen States, the District of Columbia, Hawaii, and Puerto Rico have revised their rates or issued new orders since July 1942. The States are: Arkansas California Colorado ’•'Connecticut Kentucky Massachusetts Nevada New Hampshire (2 or ders) New Jersey New York (2 orders) North Dakota Ohio Oregon Pennsylvania Rhode Island South Dakota Utah (2 orders) Washington Wisconsin New Jersey and Pennsylvania cover restaurants only. Mercantile or retail and/or wholesale trade Nineteen States, the District of Columbia, Hawaii, and Puerto Rico. The States are: > * Arizona Arkansas California Colorado Connecticut Kentucky Massachusetts Minnesota Nevada New Hampshire New Jersey New York North Dakota Oregon Rhode Island South Dakota Utah Washington Wisconsin Laundries Seventeen States, the District of Columbia, Hawaii, and Puerto Rico. The States are: Arizona Arkansas California Colorado Connecticut Massachusetts Nevada New Hampshire New Jersey New York North Dakota Oregon Rhode Island South Dakota Utah Washington Wisconsin Dry cleaning and dyeing Fifteen States, the District of Columbia, Hawaii, and Puerto Rico. The States are: Arizona Arkansas California Connecticut Massachusetts Nevada New Hampshire New Jersey New York North Dakota Oregon Rhode Island Utah Washington Wisconsin •Listed here because of statutory rate provision. 79 Beauty culture or personal service Twelve States, the District of Columbia, and Hawaii. are: Arkansas California Colorado Connecticut The States New Jersey New York Washington Wisconsin Kentucky Massachusetts Nevada New Hampshire Amusement and recreation Ten States, Hawaii, and Puerto Rico. The States are: Arkansas California (2 orders) ♦Connecticut Kentucky New York Washington Wisconsin Massachusetts Nevada *New Hampshire * Clerical, technical, and professional occupations Nine States, the District of Columbia, and Hawaii. Arkansas California ♦Connecticut Kentucky Massachusetts Nevada The States are: *New Hampshire Washington Wisconsin Packing Ten States, Hawaii, and Puerto Rico (leaf tobacco). are: Arkansas California ♦Connecticut Kentucky i Washington (fruit and. vegetable) Wisconsin Massachusetts Nevada ♦New Hampshire South Dakota Hospitals (not nurses) Eight States, Hawaii, and Puerto Rico. Arkansas ♦Connecticut Kentucky The States are: ♦Massachusetts Nevada ♦New Hampshire Oregon Wisconsin Building service Eight States, and Hawaii. Arkansas ♦Connecticut Kentucky The States are: Massachusetts Nevada *New Hampshire New York Wisconsin Telephone and/or telegraph Seven States and Hawaii. The States are: Arkansas (with exceptions) ♦Connecticut ♦Massachusetts Nevada *New Hampshire Washington •Listed here because oj statutory rate provision. 80 The States^ Wisconsin 4 Transportation Seven States, Hawaii, and Puerto Rico. Arkansas California * Connecticut The States are: *Massachusetts Nevada *New Hampshire Wisconsin Agriculture Two States—Nevada and Wisconsin—-and Hawaii, and Puerto Rico. Domestic service One State—Wisconsin. Other Miscellaneous Occupations: Three States—*Connecticut, * Massachusetts, and *New Hampshire—and the District of Columbia. Quarrying: Puerto Rico MANUFACTURING Thirteen States, the District of Columbia, Hawaii, and Puerto Rico have established within the 10%-year period covered minimum wages for all manufacturing or certain branches of manufacturing. The States are: Arkansas California ♦Connecticut Kentucky Massachusetts Nevada ♦New Hampshire New York North Dakota Oregon South Dakota Washington Wisconsin All manufacturing Twelve States, the District of Columbia, and Hawaii. The States are: Arkansas California ♦Connecticut Kentucky ♦Massachusetts Nevada ♦New Hampshire North Dakota Oregon South Dakota Washington Wisconsin Certain branches of manufacturing Six States and Puerto Rico. appears below: California Massachusetts New York Oregon The type of manufacturing covered Washington Wisconsin Canning and food products Five States, Hawaii, and Puerto Rico. The States are: California-----------Massachusetts____ New York_______ Oregon__________ Canning, freezingand preserving. (In addition to order for “Manufacturing.”) Food processing. Confectionery. Nut processing andcracking. Canning, dehydrating and barreling. Preparing poultry, rabbits, fish, or eggs for distribution. ♦Listed here because of statutory rate provision- 81 Washington. Wisconsin. _ Food processing. (In addition to order for manufacturing.) Canning or first processing fresh fruits and vegetables. Miscellaneous Two States and Puerto Rico. The States are: Oregon__________ Washington______ Minors. Minors. CURRENT MINIMUM-WAGE ORDERS, BY STATE [Includes all current minimum-wage orders effective since publication of Women’s Bureau Bulletin No. 191 in 1942. The 30 orders preceded by an asterisk indicate industries not previously covered by an individual minimum-wage order for that industry] Arizona: Retail trades. Laundry and dry cleaning. Arkansas: Law amended to permit overtime pay after 8 hours. California: Motion picture (no basic minimumwage rate set). Manufacturing and mercantile. Personal service. Canning, freezing, and preserving. Professional, technical, clerical, and similar occupations. Public housekeeping. Laundry, dry cleaning, and dyeing. Industries handling farm products after harvest. Transportation. Amusement and recreation. Colorado: Laundry. Retail trade. Beauty service. Public housekeeping. Connecticut: Laundry. Cleaning and dyeing. Law amended to establish statutory rate, retaining, however, wageboard procedure. Mercantile. Beauty shop. District of Columbia: Retail trade. Beauty culture. Manufacturing and wholesaling. Office and miscellaneous. (Invalidated May 28, 1953.) Laundry and dry cleaning. Public housekeeping. Hawaii: Law amended to increase minimum rates, etc. Kentucky: All occupations. *Hotel and restaurant. Massachusetts: Law amended to extend coverage to men. Dry cleaning. Laundry. Clerical, technical, and similar occu pations. Public housekeeping. Personal services. , Food processing. Mercantile. ♦Amusement and recreation. Law amended to establish statutory rate, retaining, however, wageboard procedure. Building service occupations. Minnesota: Retail merchandising. Nevada: Law amended to increase minimum rates. New Hampshire: Retail trade. Law amended to establish statutory rate, retaining, however, wageboard procedure; and to extend coverage to men. Restaurant. * Hotel, cabin, and tourist home. Laundry. Dry Cleaning. Beautician. New Jersey: ♦Beauty culture. ♦Restaurant. Laundry and cleaning and dyeing.1 *Retail trade. New York: Law amended to extend coverage to men. Retail trade. ♦Amusement and recreation. Confectionery. Laundry. Beauty service. Cleaning and dyeing. Restaurant. Hotel. ♦Building service occupations. 1 In this revision In 1946 the State combined these two industries. separately. Earlier orders covered them 4 *■ . * ♦ North Dakota: Manufacturing. Public housekeeping. Mercantile. Laundry, cleaning, and dyeing. Ohio: Food and/or lodging occupations. Oregon: Nut processing and cracking. Public housekeeping. Manufacturing. Laundry, cleaning, and dyeing. Hospitals, sanitariums, convalescent and old people’s homes. Minors. (Occupations not otherwise covered.) Mercantile. Canning, dehydrating, and barreling. ^Preparing poultry, rabbits, fish or eggs for distribution. Pennsylvania: Restaurant. Puerto Rico: ♦Leaf tobacco. ♦Sugar. ♦Beer and carbonated drinks. ♦Restaurant, canteen, or soda foun tain. ♦Theaters, movies, etc. ♦Retail business. ^Bakeries and pastry shops. *Construction. ♦Transportation. ♦Laundry and dry cleaning. ♦Furniture and other wooden products. ♦Quarrying. ♦Wholesale trade. ♦Pineapple. ♦Coffee. Puerto Rico—Continued ♦Dairy. Hospital, clinic, or sanitarium. ♦Printing, publishing, and other graphic arts. ♦Needlework. Hotel. ♦Ice cream. Rhode Island: Law amended to extend coverage to men. ♦Public housekeeping. Laundry and dry cleansing. Retail trade. South Dakota: Law amended to increase minimum rate, etc. Utah: Restaurant. Retail trade. Public housekeeping. Laundry, cleaning, and dyeing. Washington: Office workers. Mercantile. ♦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. Wisconsin: Any occupation including domestic service and agriculture. Canning (no separate wage rate set). V 83 MINIMUM-WAGE RATES NOT REVISED SINCE JULY 1, 1942 Eleven States and Alaska have made no change in one or more of their minimum-wage rates since July 1942. In all, 45 orders and Alaska's law are involved. The great majority of these orders apply to manufacturing industries or occupations, which, for the most part, are covered by provisions of the Federal Fair Labor Standards Act. Alaska. Illinois: Beauty culture. Confectionery. Macaroni, spaghetti, and noodle. Laundry. Wash dress. . Kentucky: Laundry, dry cleaning, and dyeing. Massachusetts: Electrical equipment and supplies. Boot and shoe cut stock and findings. Men’s clothing and raincoat. Men’s furnishings. Brush. Women’s clothing. Corset. Stationery goods and envelopes. Toys, games, and sporting goods. Women’s and children’s underwear, neckwear, etc. Druggists’ preparations, proprietary medicines and chemical compounds. Pocketbook and leather goods. Paper box. Millinery. Knit goods. Jewelry. Minnesota: Restaurant. Telegraph. Minnesota—Continued Needlecraft. Laundry. Any other occupation. New Hampshire: Clothing and accessories. Hosiery and knit goods. New Jersey: Light manufacturing. Wearing apparel and allied occupa tions. North Dakota: Telephone. Minors. (Occupations not otherwise covered.) Ohio: Laundry. Cleaning and dyeing. Beauty culture. Oregon: Beauty parlor and manicurists. Stemming and pitting brine cherries. Fruit and vegetable packing. Office. Personal service. Telephone or telegraph. Pennsylvania: Laundry. Rhode Island: Jewelry. Wearing apparel and allied industries. ANALYSIS OF STATE MINIMUM-WAGE LAWS Procedures in establishing minimum wages by wage order Coverage of the law Administrative authority State Occupations or industries Alaska: 2 Compiled Laws Anno tated (1949), secs. 43-2 31 to 43-2-37. Type of law Basis of wage rate All occupations.. Women over 18 years. Any occupation, i. e., any class of work in any industry, trade, business, or branch thereof. Exceptions: Domestic service in the home of the employer; agricultural labor. Females. Any occupation, trade, or industry. Women; minors (girls under 21, boys under 18 years of age). 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 learner: Special wage for fixed period. Attorney general. Women; minors (persons of either sex under 21 years of age). Manufacturing, mechanical, or mercantile establishment, laundry, express or trans portation company, hotel, restaurant, eating place, bank, building and loan association, insurance com pany, finance or credit busi ness, or by any person, per sons, partnership, or cor poration whatsoever except those expressly exempted by law. Exceptions: Cotton factories; gathering of fruits or farm products; domestic, agricul tural, or horticultural em ployees; and switchboard operators employed in a public telephone exchange which has less than 750 sta tions; employees of railroad companies whose hours are regulated by Federal laws; executive or managerial em ployees who exercise real supervision and managerial authority and receive at least $35 per week exclusive of bonuses and commissions. Enforcement Preliminary procedure Class of employees Procedure for setting wage rates Procedure for revision Minimum wage fixed by law. Noncompliance subject to fine or imprison ment. (Year legislation first en acted: 1939.) Arizona: 4 Code Annotated (1939), secs. 56-401 to 56-413, 56-901. (Year legislation first en acted: 1917.) Arkansas: Statutes Annotated (1947), secs. 81-613 to 81-619. (Year legislation first en acted: 1915.) California: Labor Code (Deering, 1943), secs. 61, 70 to 74, 1171 to 1204, as amended 1951 pocket supp. (Year legislation enacted: 1913.) first Industrial commission. (Commission composed of 3 members appointed by the governor, with the advice of the senate, for terms of 6 Special licenses: Any woman or minor, including a learner or years.) apprentice, whose earning capacity is impaired by age Has power to propose admin istrative regulations as it or physical or mental defi deems appropriate to com ciency or injury may be granted license authorizing plete wage board report and a wage less than the mini to safeguard minimum fair wage standards established. mum for a fixed period. Minimum wage estab Wage sufficient to meet cost of liv lished by wage order. ing necessary for health and fairly and reasonably commen surate 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 affect ing the value of the service or class of service rendered; (2) shall be guided by like consid erations 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 em ployers voluntarily maintaining minimum fair wage standards; and (4) shall consider the mini mum cost of living. Investigation at discretion of commis sion, or on petition of 20 or more res idents of the State engaged in any particular occupation, to ascertain whether substantial number of wom en or minors in that occupation are paid oppressive and unreasonable wages, i. e., less than fair and reason able value of service 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 its possession, with or with out special investigation, commis sion shall appoint a wage board. Commission appoints wage board of 3 At any time after an order has been in representatives each of employers effect 1 year, commission may on its and employees, and 1 industrial com own motion, and shall on petition of missioner to be designated chairman. 20 or more residents of the State After studying evidence and testi engaged in any particular occupa mony of witnesses board must, with tion, reconsider rates set and recon in 10 days after its organization, vene the same wage board or appoint submit a report recommending min a new one to recommend whether or imum fair wage standards. Within not rates should be revised. 10 days, commission must accept or reject this report. If accepted, commission issues a directory order. After 60 days, if no appeal has been taken, the order becomes mandatory. 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. Commissioner of labor. Minimum wage fixed by law.1 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 sup ply the cost of proper living and safe guard health and welfare, and pro vided also that it shall not exceed the rate established by law. Noncompliance punish able by fine. Industrial welfare commission through division of indus trial welfare in department of industrial relations. (In dustrial welfare commission composed 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 representative of the commission as chairman. After studying the evi dence, the board recommends minimum-wage standards to the commission, which, after a public bearing, fixes minimum wages and standards for the industry and issues a mandatory order. 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. Noncompliance a misde meanor, punishable by fine or imprisonment or both. Employee may recover back wages and costs. 1 Commissioner given authority to raise or lower wage set by law under certain conditions. Refer to columns on procedures. 249600—53 (Face p. 84) No. 1 ANALYSIS OF STATE MINIMUM-WAGE LAWS—Continued Coverage of the law Procedures in establishing minimum wages by wage order Administrative authority State Type of law Basis of wage rate Enforcement Occupations or industries Colorado: 3 Statutes Annotated (1935), ch. 97, secs. 5, 236 to 256, as amended 1951 pocket supple ment. (Year legislation first enacted: 1913.) Connecticut: 2 General Statutes (1949), secs. 3786 to 3796, as amended 1951 Supp. secs. 829b to 839b. (Year legislation enacted: 1933.) first District of Columbia: 2 Code Annotated (1651), secs. 36-401 to 36-422. (Year legislation enacted: 1918.) first Class of employees Preliminary procedure 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 occu pation in which only time rates are established, a woman physically defective or crippled by age or other wise 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 Ho of the total number of workers in an establishment. Minimum wage es tablished by wage order. 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 surplus for support during periods of sickness or other emergencies. Investigation at request of not less Commission sets minimum wage for Whenever a minimum-wage rate has than 25 persons engaged in occupa occupation and issues mandatory been established in any occupation, tion, or at discretion of commission order; or, commission establishes a commission may, if it deems proper if there is reason to believe that wage board composed of not more or necessary so to do, upon petition substantial number of employees than 3 representatives of employers, of either employers or employees, are paid wages inadequate to supply an equal number of emplojTees and reconvene the same wage board, necessary cost of living and main of the public, and, if it so desires, a or establish a new one, and any tain health. Investigation con representative of the commission. recommendation made by such ducted by examining books, pay The representatives of the employ board shall be dealt with in the rolls, papers, other records, and ers and the employees to be elected same manner as the original recom witnesses and by public hearings at by their respective groups, so far as mendation of a wage board. which employers, employees, or practicable, subject to approval by other interested persons may testify. the commission; and at least 1 If convinced of need commission member of every group to be a either fixes minimum-wage rates or woman. Wage board investigates appoints a wage board. occupation and reports to com mission a minimum wage, which commission may accept or reject. After acceptance and a public hearing, commission issues man datory order. Noncompliance a misde meanor, punishable by fine or imprisonment or both. Employee may recover backiwages and costs. Any industry or occupation. Exceptions: Employment in agriculture; in domestic service in or about a private home; In a bona fide execu tive, administrative, or pro fessional capacity; in activi ties of an educational, chari table, religious or nonprofit organization where the em ployer-employee relationship does not, in fact, exist or where the services rendered to such organizations are on a voluntary basis; public employment; employment of an individual subject to the provisions of the Federal Fair Labor Standards Act. All persons............................... . LaboYcommissioner.............. . Minimum wage fixed by law, with provi Special licenses: Any person, Has authority to make admin sion for issuance of occupational wage including a learner or ap istrative regulations appro orders through wage prentice, whose earning ca priate to carry out purpose pacity is impaired by age or of the law, to be issued only | boards. physical or mental deficien after consultation with an cy or injury may be granted advisory board and after license authorizing a wage publication and public hear less than the minimum for ing. Advisory board is tri a fixed period. partite in nature and com posed as is a wage board. Wage fairly and reasonably com mensurate with the value of a particular service or class of serv ice rendered. In establishing a 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 employment affecting the health, safety, and general well being of the workers; (2) may be guided by such considera tions as would guide a court in a suit for the reasonable value of services rendered; and (3) may consider the wages, including overtime or premium rates, 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 or more residents of the State, to ascertain whether substantial number of per sons in an occupation is receiving less than a fair wage. Investigation conducted by examining books, reg isters, payrolls, and other records of employers. If convinced of need commissioner shall appoint a wage board to report on the establishment 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, recommending minimum fair wage standards. Commissioner, within 15 days must accept or reject this report. If accepted, 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 admin istrative regulations as he deems appropriate. Noncompliance punish able by fine or impris onment or both. Employee may recover back wages, costs, and attorney's fees. Any occupation, i. e., any business, industry, trade, or branch thereof. Exception: Domestic service. Women; minors (persons of either sex under 18 years of age). Wage adequate to supply necessary cost of living to women and to maintain them in health and protect their morals. Wage not unreasonably low for minors. 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. Investigation conducted by examining books, reg isters, payrolls, other records of em ployers, and witnesses, and by pub lic hearings at which any interested person may testify. If convinced of need, after investigation, board may convene a conference. 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 inves tigation conference submits a report, recommending minimum-wage standards, which board may ap prove or disapprove. If approved, report must be published and public hearing held. After final approval of conference report, board issues mandatory order. Industrial commission. (Commission composed of 3 members 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.) Has authority to make such administrative regulations as he deems appropriate in connection with recommen dations of wage board. Special licenses: In an occupa tion in which only time rates are established, a woman whose earning capacity has been impaired by age or otherwise may be granted license authorizing a wage less than the minimum. Learner or apprentice for fixed period. Minimum wage and indus trial safetyjfboard. (Board composed of 3 members appointed by the District commissioners for terms of 3 years, 1 member each to represent employers, em ployees, and the public.) Minimum wage established by wage order. Procedure for setting wage rates Procedure for revision At any time after an order has been in effect for 6 months or more, commis sioner may, on his own motion, and shall, on petition of 50 or more resi dents 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 prescribed initially. Administrative regulations may be revised by commissioner, afternotice and public hearing, without refer ence to a wage board provided such revision could legally have been included in original order. Noncompliance a misde meanor, punishable by fine or imprisonment or both. Employee may recover back wages and attor ney's fees. 249600—53 (Face p. 84) No. 2 ANALYSIS OF STATE MINIMUM-WAGE LAWS—Continued Coverage of the law Procedures in establishing minimum wages by wage order Administrative authority State Occupations or industries Type of law Basis of wage rate Class of employees Enforcement Preliminary procedure Procedure for setting wage rates Procedure for revision B&w&ii * Revised Laws (1945), ch. 75, secs. 4351 to 4366, as amended session laws 1945, act 15, p. 120; 1949, act 292, p. 250; 1951, act 180, p. 227. (Year legislation first en acted: 1941.) Editor's Note: Since this bulletin went to press, Hawaii has amended its statute to increase the minimum wage to 65 cents an hour in the city and county of Honolulu and 55 cents an hour else where in the Territory. These rates became effectiLe July 1, 1953 (Act 77 of 1953). Illinois: Statutes Annotated (Smith-Hurd, 1950), ch. 48, secs. 198.1 to 198.17. (Year legislation first en acted: 1933.) Kansas: General Statutes Anno tated (1949), secs. 44 639 to 44-650, 75-3402. J (Year legislation enacted: 1915.) All employment. Exceptions: Employees guaranteed monthly salary of $300; in agriculture for any work week in which employer em ploys less than 20 persons; in domestic employment in or about a private home; em ployment by brother, sister, brother-in-law, sister-in-law, son, daughter, or spouse, or if under 20, by father or mother; in bona fide execu tive, administrative, super visory, or professional work; outside salesmen or collec tors; in the propagating, catching, taking, harvest ing, cultivating, or farming of any kind of fish, shell fish, Crustacea, sponges, sea weeds or other aquatic forms of 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 passen gers for hire operated solely on call from a fixed stand; golf caddies; employees af fected by the Federal Fair Labor Standards Act. Men, women, minors. Any occupation, I. e., any in dustry, trade, or business, or branch thereof or class of work therein. Exceptions: Do mestic service in the home of the employer; labor on a farm. Women; minors (females un der 18 and males under 21 years of age). Any industry or occupation. Women; minors (females under 18 and males under 21 years of age).2 first Special licenses: Director may provide by special certifi cate for employment of learners, apprentices, or per sons whose earning capacity is impaired by age or physi cal or mental deficiency or injury, at a wage less than minimum for a fixed period; and, by regulation, may es tablish a lower rate for children 14 and under. 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. Commission of labor and in dustrial relations through the director of labor and in dustrial relations. Minimum wage fixed by law. Wages adequate to health, effi ciency, and general well-being. Minimum wage es tablished by wage order. Wage fairly and reasonably com mensurate with value of service or class of service rendered. In establishing fair wage, depart ment and wage board (1) may take into account all relevant 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 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 Director appoints wage board com posed of an equal number of repre ment, or on petition of 50 or more sentatives, but not more than 2, of residents of any county, to ascertain whether substantial number of employers and employees, and 1 women or minors in an occupation representative of the public to be are paid oppressive and unreason designated chairman. After study able wages, i. e., less than fair and ing evidence and testimony of wit reasonable value of services rendered nesses, board must, within 60 days and less than sufficient to meet min of its organization, submit a report imum cost of living necessary for recommending minimum fair wage health. Investigation conducted by standards. Within 10 days, depart examining books, registers, payrolls, ment must accept or reject this re and other records of employers. If port. If accepted, report must be convinced of need on basis of infor published and public hearing held. mation in its possession, with or After final approval of wage-board without an investigation, the de report, department issues a direc partment through its director shall tory order. appoint a wage board. 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 residents 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 fol lowed shall be the same as prescribed 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 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. Minimum wage es tablished by wage order. Wages reasonable and not detri mental to health and welfare. Investigation at discretion of com missioner to ascertain whether substantial number of women and minors in an occupation are paid wages inadequate to supply the necessary cost of living and main tain health. If convinced of need, after investigation, commissioner shall publish notice of public hearing at which all persons will be given a hearing. 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 misde meanor, punishable by fine. Employee may recover back wages, costs, and attorney’s fees. Noncompliance subject to fine or imprisonment 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. Commission given power to make, issue, amend, and rescind rules and regulations as are necessary to carry out the provisions of the act. 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. Labor commissioner . After notice and hearing, commis sioner may issue mandatory order. 2 Decision of State attorney general Aug. 13, 1938. 249600—53 (Face p. 84) No. 3 ANALYSIS OF MINIMUM-WAGE LAWS—Continued Coverage of the law Procedures in establishing minimum wages by wage order Administrative authority Occupations or industries Kentucky: Revised Statutes (1948), secs. 337.010, 337.210 to 337.360, 337.990. (Year legislation enacted: 1938.) first Louisiana: 16 Revised Statutes (1950), secs. 23 : 351 to 23: 367, 23: 291. (Year legislation first en acted: 1938.) Maine: 1 Revised Statutes (1944), ch. 25, secs. 101 to 115, p. 574. (Year legislation first en acted: 1939.) Women; minors (persons of either sex under 21 years of age). Basis of wage rate Class of employees 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; person, firm, or corporation subject to regu lation by the State public service commission. Type of law Any occupation or industry. Exceptions: Labor on a farm; domestic service; municipal ities having population of 10,000 or less; females em ployed in an executive capacity, as defined. Packing fish or fish products in oil, mustard, or tomato sauce. Special licenses: Any woman or minor, including a learner or apprentice, whose earning capacity is impaired by age or physical deficiency or injury, may be granted license authorizing a wage less than the minimum for a fixed period. Commissioner of industrial relations. Has authority to amend and change administrative regu lations as he deems neces sary or appropriate as a further safeguard to the minimum fair wage stand ards established by the wage board. Women and girls..................... Special licenses: Any woman or girl physically defective or crippled by age or other wise, or any apprentice, may be granted license author izing a wage less than the minimum. Apprentice li cense is issued for a fixed period. Has authority to make such administrative regulations as he deems necessary or appropriate to safeguard the minimum usage (sic) stand ards and to carry out the act. Women; minors (persons of either sex under 21 years of age). Commissioner of labor and industry. Special licenses: Rates below those for experienced work ers may be set for learners and apprentices. 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 determining minimum fair wage, commissioner and wage board shall consider the cost of living and all other relevant circumstances affecting the value of the service rendered, and wages paid in State for like or comparable work by em ployers voluntarily maintaining minimum fair wage standards. Investigation by commissioner on petition of 50 or more residents of the State, to ascertain whether sub stantial 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 the minimum cost of living necessary for health. Investigation conducted by examin ing books, registers, payrolls, other records of employers, and witnesses. If convinced of need on basis of information in his possession, with or without investigation, commis sioner shall request the Governor to appoint a wage board. Governor, at request of commissioner, appoints wage board composed of 9 members, 3 representatives each of employers, employees, and the public, 1 of the public group to be designated chairman. After study ing 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 3 months, and following a public hearing, commissioner may make the order mandatory. At any time 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 proce dures followed shall be the same as prescribed initially. Commissioner may at any time, after notice and public hearing, but without reference to a wage board, make modifications or additions to any administrative regulations, if they could legally have been in cluded in the original order. Publication of names of employers not comply ing with either direc tory or mandatory 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. Minimum wage estab lished by wage or der. Wage adequate to supply neces sary cost of living and maintain health. Investigation at discretion of commis sioner to ascertain whether wages paid to female employees in an occu pation are inadequate to supply the necessary cost of living and main tain health. Investigation con ducted by calling for statements and examining books, payrolls, other records of employers, and wit nesses, and by holding public hear ings at which employers, employees, and other interested persons may testify. If convinced of need, after investigation, commissioner is em powered 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 involved and 1 or more representa tives 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 evi dence and testimony of witnesses, conference, on request of commis sioner, must within 60 days of its organization submit a report recom mending minimum-wage standards. Commissioner may accept or reject any or all of the recommendations. If accepted, public hearing must be held. After final approval of con ference report, commissioner issues a mandatory order. When commissioner specifies a mini mum wage hereunder, it shall not be changed for 1 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 reconvene the former conference or call a new one. The procedures followed shall be the same as prescribed initially. Noncompliance a misde meanor, punishable by fine. Employee may recover back wages, costs, 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. 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 or 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 employ ers and employees to be appointed by commissioner; and not more than 3 representatives of the public (1 to be chairman) to be appointed, at request of the commissioner, by the chief justice of the State supreme judicial 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 record after which the minimum-wage rate becomes effective. 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, commis sioner may institute court action to enforce. Penalty: Fine, impris onment, or both. Employee may recover back wages, costs, and attorney's fees. 249600—53 (Face p. 84) No. 4 ANALYSIS OF STATE MINIMUM-WAGE LAWS—Continued Coverage of the law State Occupations or industries Massachusetts: 4A Laws Annotated (Re compiled 1949), ch. 151, secs. 1 to 22 as amended 1951 pocket supp., and session laws 1952, ch. 558. {Year legislation enacted: 1912). Procedures in establishing minimum wages by wage order Administrative authority first Minnesota: 13 Statutes Annotated (1945), secs. 177.01 to 177.19, as amended 1951 pocket supplement. (Year legislation first en acted: 1913.) Nevada: 1 Compiled Laws Sup plement (1931-1941), secs. 2825.41 to 2825.52 as amended supple ment (1943-49). (Year legislation first en acted: 1937.) 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; miners (persons of either sex under 21 years of Special licenses: Any person, including a lsarner or ap prentice, whose earning ca pacity 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. Special licenses: In an occupa tion in which only time rates are established, a wo man physically defective may be granted license au thorizing a wage less than the minimum Number so licensed must not exceed 1/10 of the total number of work ers In an establishment. Any woman or minor earn er, apprentice or handi capped person unable to earn the established mini mum, shall be granted a license to work for a wage commensurate with his or her ability. Enforcement Basis of wage rate Class of employees Any occupation, I. e., any in dustry, trade, or business, or branch thereof or class of work therein whether oper ated for profit or otherwise. Exceptions: Domestic serv ice in the home of the em ployer; labor on a farm; work by persons being re habilitated or trained under rehabilitation or training programs in charitable, edu cational, or religious institu tions; or work by members of religious orders; outside salesmen. Private employment. Excep tions: Domestic service; State, county, city, or town employees. Type of law Procedure for setting wage rates Procedure for revision Wage fairly and reasonably com Investigation at discretion of commis mensurate with value of service sioner, or on petition of 50 or more or class of service rendered. In residents of the Commonwealth, to establishing a minimum fair ascertain whether substantial num ber of persons in an occupation are wage for any service or class of service, commissioner and the paid oppressive and unreasonable wage board (1) may take in ac wages, i. e., less than fair and reason count the cost of living and all able value of services rendered and other relevant circumstances less than sufficient to meet mini affecting the value of the service mum cost of living necessary for or class of service rendered; (2) health. Investigation conducted may be guided by like consider by examining books, registers, pay ations as would guide a court in rolls, and other records of employ a suit for the reasonable value ers. Questioning employees during working hours permitted. If con of services rendered; and (3) may consider the wages paid in vinced of need, on basis of informa the Commonwealth for work of tion in his possession, with or with like or comparable character by out investigation, commissioner employers who voluntarily shall direct commission to appoint maintain minimum fair wage a wage board. standards. 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 60 days of its organization, submit a report recommending minimum fair wage standards. Within 10 days, commission must accept or reject this report. If accepted, re port 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, commissioner may on his own motion, and shall on petition of 50 or more citizens of the Commonwealth, reconsider rates established and direct commission to reconvene the same wage board or call a new one to consider modifica tion. The procedures followed shall be the same as prescribed initially. At any time and from time to time, after notice and public hearing, com mission may, without reference to a wage board, make such modifica tions or additions to administrative regulations as it deems appropriate to effectuate the purposes of the act, provided such modifications or addi tions could legally have been includ ed in the original order. Commissioner is required to sec 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 mandatory order pun ishable by fine or im prisonment or both. Employee may recover back wages, costs, and attorney’s fees. Minimum wage estab lished by wage order. Wage sufficient to maintain health and supply necessary comforts and conditions of reasonable life. In determining minimum wages, which are required to be on an hourly basis, commission shall consider prevailing number of hours of work in various in dustries. Advisory board Is composed of nofless All wage rates ordered by the commis sion shall remain in force until new than 3 or more than 10 representatives rates are determined. At the re of employers, an equal number of representatives of employees, and quest of approximately 1/10 of the 1 or more of the public, the represent employers or employees in an occu atives of the public not to exceed pation, commission must reconsider the number in either of the other rates and may order new rates. Re groups. At least 1/5 of the members consideration of rates and a new order may be made on commission's of the board must be women and the public group must include at least 1 ownmitiative. woman. Recommendations of ad visory board are advisory only and not binding upon the commission. After obtaining recommendations of advisory board and giving notice to interested persons to permit par ticipation at public hearing, com mission sets a minimum wage and issues a mandatory order. Noncompliance a mis demeanor, punishable by fine or imprison ment. Employee may recover back wages, costs, and attorney’s fees. Minimum wage fixed by law. Wage sufficient to maintain health and welfare. Preliminary procedure Minimum-wage com Minimum wage fixed mission established in the by law, with pro department of labor and in visions for issuance dustries under control of of occupational commissioner of labor and wage orders through industries. (Commission wage boards. composed of associate com missioners of labor and in dustries.) Commission has authority to amend, rescind, and add to the administrative regula tions recommended by a wage board. Industrial commission. (Com mission composed of 3 mem bers appointed by governor, by and with the advice and consent of the senate, for terms of 6 years.) Any female................................ Labor commissioner.. Investigation at discretion of com mission, 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. Noncompliance a misde meanor, punishable by fine or imprisonment or both. Employee may recover back wages. Editor's Note: Since this bulletin went to press, Nevada has increased the statutory minimum wage of experienced fe male workers to 75 cents an hour, $6 for an 8-hour day, and $36 for a 48-hour, 6-day week. For inex perienced workers the minimums are $5 (in stead of $3) a day, and $30 (instead of $18) a week under the same conditions as shown in the chart above. The new rates became effec tive Mar. 21. 1953 (A.B. 160). 249600-53 (Face p. 84) No. 5. ANALYSIS OF STATE MINIMUM-WAGE LAWS—Continued Coverage of the law State Occupations or industries New Hampshire: * 1 Revised Laws (1942), ch. 213, secs. 1 to 24 as amended session laws 1949. ch. 310; and 1951, ch. 82. Session Laws 1949, ch. 310. (Year legislation first en acted: 1933.) Editor’s Note: After this bulletin was in press. New Hampshire amend ed its minimum-wage law to increase the statu tory minimum-wage rate to 60 cents an hour for experienced workers and to add to the persons previously exempted from this rate, newsboys and golf caddies. The new law provides a 50 cent hourly minimum for ushersat theaters and pin boys at bowling al leys. In addition, the rate which the labor commissioner is author ized to grant to an ex perienced worker was raised to 45 cents an hour. The statute was approved and became effective June 11, 1953. New Jersey: Statutes Annotated (1937), secs. 34:11-34 to 34:11-50, as amended 1951 pocket supple ment. (Year legislation first en acted: 1933.) Procedures in establishing minimum wages by wage order Administrative authority Women; minors (persons of either sex under 21 years of age). Any occupation, i. e., any in dustry, trade, or business, or branch thereof or class of work therein. Exceptions: Employees engaged In household labor, domestic labor, farm labor, outside salesmen, summer camps for minors, restaurants, ho tels, inns, and cabins; and employees subject to provi sions of FLSA of 1938 as amended and regulations or orders issued thereunder. Any employee....................... Basis of wage rate 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. Type of law Occupation, i. e., 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; employment in a hotel. Special licenses: Any woman or minor, including a learner or apprentice, whose earn ing 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. 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. 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. 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 for any service or class of service, commissioner and wage board (1) may take in 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. 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 board. Minimum wage estab lished by wage order. 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 voluntarily 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 services rendered. nrovl^lnn^rpmnln ^nmS a^dhig new sections to provide a statutory rate applicable to all employees. For convenience, since the earlier all employees ^ app*ica^e only t0 women an^ minors, this analysis is arranged in two parts (1) provisions relating to women and minors; (2) provisions relating to Investigation at discretion of commis sioner, 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 unreason able wages, i. e., less than fair and reasonable value for service rendered and less than sufficient to meet the minimum cost oflivingnecessary for health. Investigation conducted by examining books, registers, payrolls, 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. Minimum wage fixed by law, subject to modification by wage board action.* Special licenses: Any person with less than 6 months ex perience in an occupation, or whose earning capacity is impaired by age or physical or mental deficiency or in jury may be paid less than the wage fixed by law (but not less than 35 cents per hour) upon application to and authorization from the commissioner. Women; minors (persons of either sex under 21 years of age.) Enforcement Preliminary procedure Investigation at discretion of commis sioner, 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 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 b ooks, 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. Procedure for setting wage rates Procedure for revision Commissioner appoints wage board At any time after an order has been in Publication of names of effect for 1 year or more, commis composed of an equal number of employers not comply sioner may on his own motion, and ing with directory or representatives, but not more than 3, of emjdoyers and employees, and shall on petition of 50 or more resi der. not more than 3 representatives of dents, reconsider rates set therein Noncompliance with the public, 1 of the public group to and reconvene the same wage board, mandatory order pun ishable by fine or im be designated chairman. After or appoint a new one, to recommend studying evidence and testimony of whether or not rates should be modi prisonment or both. witnesses board must, within 60 fied. The procedures followed to be Employee may recover back wages, costs, and days of its organization, submit a as prescribed for setting rates ini tially. report recommending minimum fair attorney’s fees. wage standards. Within 10 days At any time and from time to time, after notice and public hearing, com commissioner must accept or reject this report. If accepted, report must missioner may make such modifica be published and public hearing tions or additions to administrative held. After final approval of wageregulations as he deems appropriate, board report, commissioner issues a without reference to a wage board, directory order. provided such modifications or addi After 5 months and following a public tions could legally have been in hearing, commissioner may make cluded in the original order. the order mandatory. Commissioner may on his own motion, Employee may recover and shall on petition of 50 or more unpaid wages and an residents,^reconsider rates estab additional equal lished in the statute and appoint a amount as liquidated wage board to consider a proposed damages. modification for any occupation.* Commissioner appoints wage board composed of an equal number of representatives, but not more than 3, of employers and employees, and not moro than 3 representatives of the public. 1 of the public group to be designated chairman. After stud ying 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, com missioner 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 man datory order. At any time afterJan'orderTias been in effect 1 year orfmore, commissioner may on his own motion, after con ferring with the director, and shall on petition of 50 or more residents, reconsider rates established and reconvene the same wage board, or appoint a new one to recommend whether or not rates shall be modi fied. The procedures followed to be as prescribed for setting rates ini- Noncompliance a misde meanor, punishable by fine or imprisonment or both. Employees may recover back wages,? costs, and attorney’s fees. 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. ♦Modification would be limited to upward revision according to attorney general’s opinion, dated Sept. 9, 1949. s Ch. 310, L. 1949 states (1) that modification on motion of the commissioner shall be as provided in sec. 14, i. e., at any time after rate has been in effect 1 year or more (law became effective July 28, 1949); (2) that modification upon petition may bo instituted at any time after the effective date of this act. 249600-53 (Face p. 84) No. 6 ANALYSIS OF STATE MINIMUM-WAGE LAWS—Continued Coverage of the law State Occupations or industries New York: 30 Consolidated Laws Anjr occupation, i. e.? any inAnnotated (McKin % dustry, trade, busmess, or ney, Labor Law, 1948), class of work. Exceptions: secs. 650 to 666 as a Domestic service in the amended 1952 pocket . home of the employer; labor £ on a farm. supplement. (Year legislation first en acted: 1933.) North Dakota: 4 Revised Code (1943), secs. 34-0601 to 34-0620. (Year legislation first en acted: 1919.) Ohio: 1 General Code Anno tated (P., 1937), secs. 154-45d to 154-45s as amended 1951 pocket supplement. (Year legislation first en acted: 1933.) Oklahoma: Statutes Annotated(1937) as amended 1951 pock et supplement, title 40, secs. 261 to 284. (Year legislation first en acted: 1937.) Procedures in establishing minimum wages by wage order Administrative authority Any occupation, i. e., any business, industry, trade, or branch thereof. Exceptions: Agriculture; domestic serv ice. 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. Type of law Basis of wage rate Class of employees Women; minors (persons of either sex under 21 years of age); men.® 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. Women ;l'minors (persons of either sex under 18 years of age). Industrial commissioner Special licenses: Any woman or minor, including a loamer 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 aifixed period. Any industry or occupation. Men and women; minors (per Exceptions: Agriculture, hor sons of either sex under 18 ticulture, dairy, or stock years of age).7 raising. Special licenses: Any employee physically defective or crip pled by age or otherwise or any apprentice may be granted license authorizing a wage less than the mini mum for a fixed period. Procedure for revision Wages sufficient to provide ade quate maintenance and to pro tect health. In establishing minimum wage, commissioner and wage board (1) may take into account the amount suffi cient to provide adequate maintenance and to protect health; (2) may take into ac count 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 commis sioner, or on petition of 50 or more residents of the State engaged in or affected by an occupation, to ascer tain whether substantial number of women or minors in the occupation are paid wages insufficient to pro vide adequate maintenance and to protect health. Investigation con ducted by examining books, regis ters, payrolls, and other records of employers. If convinced of need on basis of information in his posses sion, with or without investigation, commissioner shall appoint a wage board. Commissioner appoints wago 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 da3Ts of its organization (commissioner in his discretion may extend to 180 days), submit a report recommending min imum-wage standards. Commis sioner holds public hearings on wage board’s report and recommen dations. Within 30 days after such hearings, commissioner must accept or reject, either in whole or in part. If accepted, commissioner issues a mandatory order. At any time after an order has been in Publication of names of effect 6 months or more, commis employers not comply sioner may, on his own motion or on ing with any mini petition of 50 or more residents en mum-wage order. gaged in or affected by the occupa Noncompliance with tion, reconsider rates set therein and minimum-wage order a reconvene the same wage board or misdemeanor, punish appoint a new one to recommend able by fine or impris whether or not rates should be modi onment or both. fied. The procedures followed shall Employee may recover be the same as prescribed for an back wages, costs, and original order. attorney’s fees. 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. Commissioner^of agriculture and labor. Minimum wage estab lished by wage or der. 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 substan tial number of women in an occupa tion are paid wages inadequate to supply necessary cost of living and maintain health. Investigation con ducted by examining books, pay rolls, other records, and witnesses, and by holding public hearings at which any interested persons may testify. If convinced of need, after investigation, commissioner 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 re port. 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. Noncompliance a misde meanor, punishable by fine or imprisonment or both. Employee may recover back wages and attor ney’s fees. Director of industrial relations or superintendent of mini mum-wage division which shall be set up in the depart ment of industrial relations. Minimum wage estab lished by wage or der. W age fairly and reasonably com mensurate with value of service or class of service rendered. In establishing a minimum fair wage, director, superintendent, or wago board (1) may take into account all relevant circum stances 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 reasonable value of services rendered; and (3) may consider wages paid in State for like or comparable work by employers voluntarily maintaining minimum fair wago 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 bo designated chairman. After studying evidence and tes timony of witnesses board must, within 60 days of its organization, submit a report recommending min imum fair wage standards. Within 10 days director must accept or reject this report. If accepted, report must be published and public hear ing held. After final approval of wage-board report, director 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 wage board or appoint a new one to recommend whether rates should be modified. The procedures followed shall be the same as prescribed ini tially. Director may at any time and from time to time, after notice and public hearing, make such modifications or additions to any administrative reg ulations 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 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. Minimum wage es tablished 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 madequate to supply necessary cost of living and maintain health. In vestigation conducted by calling for statements, examining books, pay rolls, or other records of employers, and by holding public hearings at which any interested persons may testify. If convinced cf need, after investigation, commission is em powered to call a conference. Commission appoints conference com posed of an equal number of repre sentatives of employers and em ployees, and 1 or more representa tives of the public (but public representatives must not exceed the number in either of the groups), and a member of the commission who shall act as chairman. Conference recommends minimum-wage stand ards, any or all of which commission may accept or reject. If accepted, commission issues a mandatory order. When commission has specified a minimum wage, it shall not be changed for 1 year. Whenever wages or standard conditions of labor have been made mandatory in any occupation, on petition of employers or employees, commission may at its discretion reopen the question and reconvene the former conference or call a new one. Recommenda tions of such conference shall be dealt with as prescribed initially. Noncompliance a misde meanor, punishable by fine. .4nprt Employee [may recover back wages, costs, and attorney’s^fees. Director has authority to make such administrative regulations as he deems ap propriate to implement and safeguard minimum fair wage standards established by the wage board. Industrial welfare commis sion. (Commission comfposed of governor, commistsioner of labor, and chair man of State industrial com mission.) • Supplementary protection, coverage of men, was added to the law In 1944. Wage orders are issued for women and minors and by application of law also apply to 7 Law held invalid for men and minors because of t echnical defect in title of act. Associated Industries v. Industrial Welfare Commission, 185 Okla. 177, 90 P. 2d 899.men. Procedure for setting wage rates Minimum wage estab lished by wage order. Has authority to modify and amend regulations recom mended by wage board. 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. Women; minors (persons of either sex under 21 years of age). Enforcement Preliminary procedure 249600-53 (Face p. 84) No. 7 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 Oregon: 7 Compiled Laws Anno Any occupation, i. e., any and tated (1940), secs. 102 every vocation, pursuit, 301 to 102-322 as amend trade, or industry. ed 1943 pocket supple ment. (Year legislation first en acted: 1913.) Pennsylvania: Statutes Annotated (Purdon, 1941), Title 43, secs. 331a to 331q. (Year legislation first en acted: 1937.) Puerto Rico: Session laws 1919, act 45, p. 200; 1931, act 15, p. 168; as amended by ses sion laws 1943, act 144, p. 444; 1947, act 25, p. 386; 1949, act 122, p. 310. (Year legislation first en acted: 1919.) Session laws 1941, act 8,8 p. 302; as amended by session laws 1941, 1st spec, sess., act 1, p. 2; 1942, act 9, p. 300; 1945, act 217, p. 680; 1947, act 451, p. 950; 1947, act 463, p. 1014; 1948, 6th, 7th and 8th spec, sess., act 48, p. 144; 1949, act 169, p. 538; 1949, 1st spec, sess., act 22, p. 42; 1950, act 131, p. 336; 1950, Reorg. Plan No. 3 of 1950, p. XXVI; 1951, act 439, p. 1268. Any occupation, l.e., any industry, trado, 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 news papers and magazines; per sons subject to provisions of Federal Railway Labor Act. Industrial occupations; com mercial or public service undertakings. Exceptions: Agriculture and agricul tural industries. Any occupation, business, or industry. Exceptions: Domestic service in a family residence, professionals, ex ecutives, and administra tors. Employees of muni cipal hospitals, clinics, and sanitoriums are subject to provisions of regulations and decrees issued except those fixing wage rates. Type of law Basis of wage rate 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 may be granted license au thorizing a wage less than the minimum. 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 author izing a wage less than the minimum for a fixed period. Women and girls--------------- Special licenses: Any worker whose earning capacity is impaired by age, physical disability or Injury, or any other reason, and appren tices, trainees, and learners, may be granted permit authorizing wage below but not less than 50 percent of minimum. Board to fix minimum rates for persons between 14 and 18 years. Minimum wage es tablished by wage order. Wage adequate to supply neces sary cost of living to women workers and to maintain health. Wage not unreasonably low for minors. Investigation at discretion of commis sion to ascertain whether substantial number of women are paid wages in adequate to supply the necessary cost of living and maintain health. Investigation conducted by exam ining witnesses, books, payrolls, and other records of employers, and by holding public hearings at which interested persons may testify. If convinced of need, after investiga tion, commission may convene a conference. Department of labor and in dustry. 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, the secretary of labor and industry and the wage board (1) may take into account the cost of living, and all other relevant circumstances affect ing 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 rendered; and (3) may consider the wages paid in the Com monwealth for work of like or comparable character by em ployers who voluntarily main tain minimum fair wage stand ards. Investigation at discretion of depart ment, or on petition of 50 or more residents of the State, to ascertain whether substantial number of wo men or minors in an occupation are paid wages less than sufficient to maintain health or efficiency. In vestigation conducted by examining books, registers, payrolls, and other records of employers. If convinced of need on basis of information in possession of department, with or without investigation, secretary 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 thaD 3, 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 organization, submit a report rec ommending minimum fair wage standards. Within 10 days, de partment must accept or reject this report. Tf accepted, report must be published and public hearing held. After final approval of wage-board report, department Issues a direc tory order. After 3 months, and following a public hearing, department may make the order mandatory. Procedure for revision 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 more commissioners. Com mission shall designate the chair man. After studying evidence and testimony of witnesses, conference must submit a report recommending minimum-wage standards. Com mission may accept or reject any or all of the recommendations. If ac cepted, notice must be published and public hearing hold. After final approval, commission issues a man datory order. Minimum-wage standards for minors are determined by commission after inquiry, notice, and public hearing, bat without reference to a wage board. Has authority to modify and amend regulations recom mended by wage board. Secretary of labor. Secretary of labor and mini mum-wage board. (Board is composed of one member representing employers, one member representing em ployees, and one member representing the public, appointed by the secretary of labor with the approval of the governor for a period of 4 years. The member representing the public acts as chairman and Is a salaried executive.) Minimum wage es tablished by man datory decree. Noncompliance a misde meanor, punishable by fine or imprisonment or both. Women employees may recover back wages and attorney’s fees. 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 re convene 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 partment 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 reference to a wage board, provided such modifications or additions are reasonable and could legally have been included in the original order. Minimum wage fixed by law. 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. Noncompliance a misde meanor, punishable by fine. Wage sufficient to satisfy normal needs and not detrimental to maintenance of reasonable standard of living necessary for health, efficiency, and general well-being. In fixing minimum wages, board shall take into consideration the cost of living and the needs of the laborers, and shall fix the highest mini mum wages that can reasonably be paid by the industry, busi ness, or occupation in question, provided it does not bring about a substantial decrease in em ployment. • 1941 act created minimum-wage board and procedures for establishment of minimum wages in all Puerto Rican industries including agriculture. As It did not repeal the 1919 act, the latter may be invoked in industries for which a minimum wage order has not been issued. Procedure for setting wage rates 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.) Special licenses: Apprentice ship period of 3 weeks. Any person.................... -......... Enforcement Preliminary procedure Class of employees Investigation by board to study pre vailing wages, working hours, labor conditions, and living conditions of laborers, as well as the costs and financial conditions of the enter prises, industries, and other pro duction undertakings. Board au thorized to subpoena witnesses and to examine payrolls, records of wages and hours, assets and liability state ment*, profit and loss, and account ing books. If convinced of need, chairman of board appoints special members to form part of the board to determine minimum-wage stand ards. Chairman appoints 1 or more em ployer representatives and an equal number from labor to be special board members. After studying evidence and testimony of witnesses, board adopts draft decree. Publi cation of decree must be made and opportunity given for filing of written objections by interested parties. If no objection is received, decree becomes mandatory as pub lished. If written objection received, or board deems advisable, a public hearing is held with further oppor tunity thereafter for filing written objections or proposing amend ments. After period for filing ob jections or amendments has expired, board proceeds to issue manda tory decree. Board may on its own initiative, or on request of a considerable number of employers or interested laborers, determine in a preliminary manner the convenience of amending, alter ing or repealing, in whole or in part, any previous decree. If board should reach such preliminary con clusion, the procedure followed is identical with the approval, publi cation, consideration, and final approval of original decree. Noncompliance subject to fine or imprisonment or both. Employee may recover back wages, an addi tional equal amount as penalty, plus costs, ex penses, and reasonable attorney’s fees. 249600-53 (Face p. 84) No. 8 ANALYSIS OF STATE MINIMUM-WAGE LAWS—Continued Coverago^of the law State Occupations or industries Rhode Island: General laws (1938), ch. 289, sees. 1 to 21 as amended session laws 1039, ch. 660, secs. 160, 151, p. 60; 1941, ch. 1065, p. 268; 1945, ch. 1624, p. 218; 1950, ch. 2624, p. 759. (Year legislation enacted: 1936.) first Utah: 3 Code Annotated (1943), secs. 49-4-6 to 49-4-21, 42-1-1. (Year legislation enacted: 1913.) Any industry, trade or busi ness, or branch thereof or class of work therein. Ex ceptions: Domestic service in the home of the em ployer; labor on a farm. Vomen; minors (persons of either sex under 21 years of age); men. (Year legislation first en acted: 1913.) 4 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. Enforcement Preliminary procedure Director of labor and com missioner appointed as chie f of division of women and children. Minimum wage estab lished by wage or der. Director has authority to make such administrative regulations as he deems ap propriate to implement and safeguard the minimum fair wage standards estab lished by the wage board. 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 rele vant 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. Procedure for setting wage rates Procedure for revision 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 ren dered, less than the indust^ can afford to pay, and less than sufficient to meet minimum cost of living necessary for health. Investiga tion conducted by examining regis ters, payrolls, other records of em ployers, and witnesses. 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 of the public, i 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 minimum 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 wage-board report, director 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 or more, director may on liis own motion, and shall on petition of 50 or more residents, re consider rates set therein and recon vene the same wage board or ap point a new one to recommend whether or not rates should be mod ified. 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 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. Secretary of agriculture.. Minimum wage fixed by law. Any occupation, trade, or in dustry. Industrial commission. (Com mission composed of 3 mem bers appointed by the gover nor, with the consent of the senate, for terms of 6 years.) Minimum wage estab lished by wage or der. Wage adequate to supply neces sary cost of proper living and to maintain health and welfare. Investigation at discretion of com mission to determine whether wa ges paid to women and minors in an oc cupation 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 per sons may testify. If convinced of need, after investigation, commis sion 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 employ ers or employees, after a public hear ing, rescind, alter, or amend any prior order. Noneompliance a misde meanor. Employee may recover back wages and costs. Industrial welfare committee. (Committee composed of director of labor and Indus tries, supervisor of indus trial insurance, supervisor of industrial relations, super visor of women in industry, and industrial statistician; director of labor and indus tries Is chairman and super visor of women in industry is executive secretary.) Minimum wage estab lished by wage order. Wage adequate to supply neces sary cost of living and maintain health. Suitable wage for minors. Investigation at discretion of commit tee to ascertain whether wages paid to female employees in an occupa tion are inadequate to supply the necessary cost of living and main tain health. Investigation con ducted by examining books, pay rolls, other records of employers, and witnesses, and by holding public hearings at which employers, em ployees, and other interested persons may testify. If convinced of need, after investigation, committee is empowered to call a conference. 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. 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. Noncompliance a misde meanor, punishable by fine. Employee may recover back wages, costs, and attorney’s fees. Industrial commission. (Com mission composed of 3 mem bers appointed by the gov ernor, 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 ascertain 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 inves tigations 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. 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 occupation, trade, or industry. (Year legislation first en acted: 1913.) Wisconsin: Statutes (1951), secs. 101.01 to 101.28, 104.01 to 104.12, 319.01. Basis of wage rate Any factory, workshop, me Any woman or girl over the chanical or mercantile estab ago of 14 years. lishment, laundry, hotel, restaurant, or packing house. Special licenses: Apprentices, learners, and women men tally or physically deficient may be granted a permit authorizing a wage lower than the minimum. first Washington: 1 Revised Code (1951), secs. 49.12.010 to 49.14.200, 43.22.280. Type of law Class of employees first South Dakota: 1 Code (1939), secs. 17.0607 to 17.0608. 17.9901, as amended session laws 1943, ch. 76, p. 79; 1945, ch. 77, p. 76. (Year legislation enacted: 1923.) Procedures in establishing minimum wages by wage order Administrative authority 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). 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. Noncompliance a misde meanor, punishable by fine or imprisonment or both. Employee may recover back wages and costs. Em ployer not'com plying shall forfeit and pay in to State treasury. 249600—53 (Face p. 84) No. 9 V. S. GOVERNMENT PRI