Code Civil Procedure, §§ 2-3, 5, 6, 8-12, 14, 17-19, 21; 27, except pt. relating to seal of surro- LABOR LAW L. 1909, Ch. 36. "An Act relating to labor, constituting chapter thirty-one of the Consolidated Laws." (In effect February 17, 1909.) CHAPTER 31 OF THE CONSOLIDATED LAWS [Formerly L. 1897, Ch. 415, being chapter 32 of the General Laws.] Article 1. Short title; definitions (§§ 1, 2). 2. General provisions (§§ 3-21). 3. Department of labor (§§ 40-48). 7. Tenement-made articles (§§ 100-105). 8. Bakeries and confectioneries (§§ 110-115). 9. Mines, tunnels and quarries and their inspection (§§ 120-136). 10. Bureau of mediation and arbitration (§§ 140-148). 12. Bureau of mercantile inspection (§§ 180-184). 14. Employer's liability (§§ 200–204). 15. Employment of children in street trades (§§ 220226). 16. Laws repealed; when to take effect (§§ 240, 241). ARTICLE 1 Short Title; Definitions Section 1. Short title. 2. Definitions. § 1. Short title. This chapter shall be known as the "Labor Law." Formerly L. 1897, ch. 415, § 1. Explanation. For location and disposition of former sections of the Labor Law see L. 1897, Ch. 415, in "Consolidated Schedule of Repeals," Vol. 7. 82 General Provisions. Arts. 1, 2 § 2. Definitions. Employee. The term "employee," when used in this chapter, means a mechanic, workingman or laborer who works for another for hire. Employer. The term "employer," when used in this chapter, means the person employing any such mechanic, workingman or laborer, whether the owner, proprietor, agent, superintendent, foreman or other subordinate. Factory. The term "factory," when used in this chapter, shall be construed to include also any mill, workshop, or other manufacturing or business establishment where one or more persons are employed at labor. Mercantile Establishment. The term The term "mercantile establishment," when used in this chapter, means any place where goods, wares or merchandise are offered for sale. Tenement House. The term "tenement house," when used in this chapter, means any house or building, or portion thereof, which is rented, leased, let or hired out, to be occupied, or is occupied as the home or residence of three families or more living independently of each other, and doing their cooking upon the premises, and having a common right in the halls, stairways, yards, water-closets or privies, or some of them, and for the purposes of this chapter shall be construed to include any building on the same lot with any dwelling house and which is used for any of the purposes specified in section one hundred of this chapter. Whenever, in this chapter, authority is conferred upon the commissioner of labor, it shall also be deemed to include his deputies or a deputy acting under his direction. Formerly L. 1897, ch. 415, § 2, as am'd by L. 1904, ch. 550, § 1. ARTICLE 2 General Provisions Section 3. Hours to constitute a day's work. 4. Violations of the labor law. 5. Hours of labor in brickyards. 6. Hours of labor on street surface and elevated railroads. 7. Regulation of hours of labor on steam surface and elevated railroads. 8. Regulation of hours of labor of block system telegraph and telephone operators and signalmen on surface. subway and elevated railroads. 9. Payment of wages by receivers. Section 10. Cash payment of wages. 11. When wages are to be paid. 12. Penalty for violation of preceding sections. 14. Preference in employment of persons upon public works. 15. Labels, brands and marks used by labor organizations. 16. Illegal use of labels, brands and marks, a misdemeanor; injunction proceedings. 17. Seats for female employees. 18. Scaffolding for use of employees. 19. Inspection of scaffolding, ropes, blocks, pulleys and tackles in cities. 20. Protection of persons employed on buildings in cities. 21. Commissioner of labor to enforce provisions of article. § 3. Hours to constitute a day's work. Eight hours shall constitute a legal day's work for all classes of employees in this state except those engaged in farm and domestic service unless otherwise provided by law. This section does not prevent an agreement for overwork at an increased compensation except upon work by or for the state or a municipal corporation, or by contractors or subcontractors therewith. Each contract to which the state or a municipal corporation is a party which may involve the employment of laborers, workmen or mechanics shall contain a stipulation that no laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day except in cases of extraordinary emergency caused by fire, flood or danger to life or property. The wages to be paid for a legal day's work as hereinbefore defined to all classes of such laborers, workmen or mechanics upon all such public works, or upon any material to be used upon or in connection therewith, shall not be less than the prevailing rate for a day's work in the same trade or occupation in the locality within the state where such public work on, about or in connection with which such labor is performed in its final or completed form is to be situated, erected or used. Each such contract hereafter made shall contain a stipu lation that each such laborer, workman or mechanic, employed by such contractor, subcontractor or other person on, about or upon such public work, shall receive such wages herein provided for. Each contract for such public work hereafter made shall contain a provision that the same shall be void and of no effect unless the |