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Code Civil Procedure, §§ 2-3, 5, 6, 8-12, 14, 17-19, 21; 27,

except pt. relating to seal of surro-
gate; 30, 34-36, 40; 41, except second
sentence; 42, 43, 46-50; 54, except
pt. relating to duty of secretary of
state; 56; 57, except pt. relating to duty
of secretary of state; 58, 59; 60, first
sentence; 61, 62, 66, 67; 68, first sen-
tence and third sentence, except words
"which expenses shall be a charge upon
such county," 69, 72, 82; 83, except
fourth sentence; 84-87; 89, first and
third sentences; second sentence, except
words" and shall be kept" to end of sen-
tence; 90-93; 94, 95, except pt. relating
to surrogates; 96-99, 104, 105, 193, 196-
201; 202; 203, except first sentence;
209-211; 212, first sentence; 214–216,
219; 220, except second, third, tenth and
eleventh sentences; 221-223, 225; 226,
first sentence; 228; 229, first sentence;
230, 232; 233, words "An appointment"
to "secretary of state," inclusive; 234;
235, last sentence; 237, 238; 239, except
second sentence; 241-248; 249, pt. to and
including words "by any person;" 250,
254-260, 262; 355, except first sentence;
356, except last sentence; 357; 358, words
" and when said board" to " by the county
judge," inclusive; 359; 360, except pt.
relating to surrogate; 361; 961, pt. re-
lating to clerk of a court; 1007, last sen-
tence; 1027-1043; 1044-1054; 1055,
except words" and the provisions of that
title apply to each person so notified;"
1056-1062, 1072-1113, 1117-1119,
1121, 1126--1157, 1162,
1162, 1195–1199,
2266-2292, 2293-2301; 2417, first sen-
tence, except pt. relating to county clerk;
2529; 3280, first sentence; 3283, 3303

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).
4. Bureau of labor statistics (§§ 55-57).
5. Bureau of factory inspection (§§ 60-68).
6. Factories (SS 70-96).

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).
11. Employment of women and children in mercantile
establishments (S$ 160-173).

12. Bureau of mercantile inspection (§§ 180-184).
13. Convict-made goods and duties of commissioner of
labor relative thereto (§§ 190-195).

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.

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Section 10. Cash payment of wages.

11. When wages are to be paid.

12. Penalty for violation of preceding sections.
13. Assignment of future wages.

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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

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