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THE LABOR LAW

CHAPTER 36 OF THE LAWS OF 1909, ConsTITUTING CHAPTER 31 OF THE

CONSOLIDATED LAWS, AS AMENDED

LABOR LAW

Article

1. Short title ; definitions ($ $ 1-2).
2. General provisions ($$ 3-22).
3. Department of labor ($$ 40-48).
3-A. Industrial board ($$ 50–52).
4. Bureau of inspection ($ $ 53-61).
5. Bureau of statistics and information (88 62-65).
5-A. Bureau of employment ($$ 66-66-p).
6. Factories ($$ 69-99-a).
7. Tenement-made articles ($8 100-106).
8. Bakeries and confectioneries (8$ 110-117).
9. Mines, tunnels and quarries and their inspection ($8 119-136).
10. Bureau of mediation and arbitration (9$ 140-148).
11. Bureau of industries and immigration (8$ 151-156-a).
12. Einployment of women and children in mercantile establishments

($ $ 160-173).
13. Convict-made goods and duties of commissioner of labor relative thereto

(89 190-195).
14. Employer's liability ($$ 200-212).
15. Employment of children in street trades (88 220-227).
16. Laws repealed; when to take effect ($$ 240-241).

ARTICLE 1

66

Short Title; Definitions Section 1. Short title.

2. Definitions. § 1. Short title. This chapter shall be known as the “ Labor Law.”

§ 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; work for a factory. The term factory ", when used in this chapter, shall be construed to include any mill, workshop, or other manufacturing or business establishment and all buildings, sheds, structures or other places used for or in connection therewith, where one or more persons are employed at labor, except power houses, generating plants, barns, storage houses, sheds and other structures owned or operated by a public service corporation, other than construction or repair shops, subject to the jurisdiction of the public service commission under the public service commissions law. Work shall be deemed to be done for a factory within the meaning of this chapter whenever it is done at any place, upon the work of a factory or upon any of the materials entering into the product of the factory, whether

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under contract or arrangement with any person in charge of or connected with such factory directly or indirectly through the instrumentality of one or more contractors or other third persons.

Factory building. The term “factory building," when used in this chapter, means any building, shed or structure which, or any part of which, is oceupied by or used for a factory.

Mercantile establishment. 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 either rented, leased, let or hired out, to be occupied, or is occupied in whole or in part as the home or residence of three families or more living independently of each other and doing their cooking upon the premises, and includes apart. ment houses, flat houses and all other houses so occupied, and for the purposes of this chapter shall be construed to include any building on the same lot with any such tenement 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. [A8 am'd by L. 1913, ch. 529; and L. 1914, ch. 512.]

“ Tenant factory” is defined in $ 94, post. The detinition of “tenement house" here differs slightly from that in the Tenement House Law, ch. 61 of the Consolidated Laws, $ 2.

The term “ employer" includes the officers, agents and employees of municipalities : Opinion of Attorney-General, September 29, 1913.

Departments, maintained in department stores, clothing stores and millivery shops in wbich articles are made, are factories: Opinion of Attorney-General, May 23, 1913.

A commercial ice house using machinery, etc., is a factory”: Rabe v. Consol. Ice Co., 151 U. S. C. C. A. 535 (1902). Bakeries and confectioneries are factories": see $ 111, post; also laundries, $ 92, poet.

A tugboat is not a “ business establishment” within the meaning of the definition of a factory : Shannahan v. Empire Engineering Corporation, 204 N. Y. 543.

A retail butcher shop using an electric meat chopping macbine is not a tory": O'Connor v. Webber, 163 App. Div. 175.

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ARTICLE 2

General Provision,
Srction 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 other railroads.
8. Regulation of hours of labor of block system telegraph and telephone

operators and signalmen on surface, subway and elevated railroads.
8-a. One day of rest in seven.
9. Payment of wages by receivers.
10. Cash payment of wages.
11. When wages are to be paid.
12. Penalty for violation of preceding section.
13. Assignment of future wages.
14. Preference in employment of persons upon public works.
15. Labels, brands and marks used by labor organizations.

Section 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. 20-a. Accidents to be reported. 20-b. Protection of employees. 20-b. Switchboards to be protected. 21. Commissioner of labor to enforce provisions of article. 22. Duties relative to apprentices. 22. Physical examination of employees. 24. Contributions to benefit or insurance fund.

§ 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 over work 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 or a commission appointed pursuant to law 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 conneetion 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* [; nor in any case, less than two dollars per day if such laborers, workmen or mechanics are employed upon, about or in connection with the canals of the state, or in the construction, enlargement or improvement of canals). Each such contract hereafter made shall contain a stipulation 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 person or corporation making or performing the same shall comply with the provisions of this section; and no such person or corporation shall be entitled to receive any sum nor shall any officer, agent or employee of the state or of a municipal corporation pay the same or authorize its payment from the funds under his charge or control to any such person or corporation for work done upon any contract, which in its form or manner of performance violates the provisions of this section, but nothing in this section shall be construed to apply to stationary firemen in state hospitals nor to other persons regularly emploged in state institutions, except mechanics, nor shall it apply to engineers, electricians and elevator men in the department of public buildings during the annual session of the legislature, nor to the construction, maintenance and repair of highways outside the limits of cities and villages. [As am'd by L. 1909, ch. 292; L. 1913, cho 467, and L. 1913, ch. 494.]

* The clause in brackets was inserted by L. 1913, ch. 467, approved May 9, but was not included in the amendment made by L. 1913, ch. 494, approved May 14. An opinion of the Attorney-General rendered to the State Engineer, dated June 3, holds that chapter 494 being enacted later, and not containing the change made by chapter 467, virtually repeals the latter.

The Legislature is expressly empowered to regulate conditions of employment on public work by the State Constitution, Article XII, § 1, p. 227, post.

The constitutionality of the section was sustained in 1904, so far as It relates to the direct employees of the state or of a municipality : Ryan v. City of New York, 177 N. Y. 271. The section is constitutional under both State and Federal constitutions : People ex rel. Williams Engineering and Contracting Co. v. Metz, 193 N. Y. 148 (1908). The United States Supreme Court has affirmed the constitution. ality of a similar statute of Kansas : Atkins v. Kansas, 191 V. S. 207, and the eight-hour law of the United States : Ellis v. U. S., 27 Sup. Ct. Rep. p. 600, 1907.

The section applies only to public work and not to ** articles of common merchandise," or to “ marketable commodities,” like gas and electricity : Downey v. Bender, 57 App. Div. 310 (1901) ; see also the Attorney-General's opinion of June 26, 1906. The section does not apply to the manufacture of materials purchased by a contractor for public work: Bohnen v. Metz, 126 App. Div. 807, affirmed, 193 N. Y. 676; nor to work done under supervision of a municipal commission : People ex rel. N. Y., B. & M. R. R. Co. & L. I. R. R. Co. v. Prendergast, 209 N. Y. 92. But the section does apply to the manufacture of articles to be used on public work when such articles are manufactured in the contractor's own factory : Opinion of Attorney-General as to manufacture of fire escapes, April 23, 1909; as to manufacture of wood work, February 14, 1913.

An armory is a state “ institution " and therefore exempt from the provisions of the section : Matter of Burns v. Fox, 98 App. Div. 507 (Nov. 1904). Firemen are not employees" within the meaning of the statute, which relates only to mechanics or laborers working for hire: Sweeney v. Sturgis, 78 App. Div. 460, affirmed (May, 1903) 175 N, Y. 8. The wages clause does not apply to school janitors : Farrell v. Board of Education, 113 App. Div. 405. The clause may apply to them, however, where special laws, instead of the general education law, govern the educational system : Opinion of Attorney-General, February 7, 1913.

The section does not apply to printers regularly employed in a state hospital: Opinion of Attorney-General, March 8, 1912; nor to employees in nurseries maintained by the State Conservation Commission : Opinion of Attorney-General, April 18, 1912; nor to work done in connection with the construction and maintenance of bridges upon highways outside the limits of cities and villages : Opinion of Attorney-General, May 6, 1912. The section applies, however, to the work of repair and preparation in winter by contractors engaged on barge canal work : Opinion of Attorney-General, February 1, 1911,

A municipality making payment to a contractor knowingly in disobedience of the eight-hour requirement is not entitled to be credited with such payment: Village of Medina v. Dingledine, 211 N. Y. 24. A contractor bidding for work on a ten-hour basis is not entitled to compensation for increased expense due to enforced compliance with the eight-hour provision : Sundstrom v. State of New York, 159 App. Div. 241.

Relative to the terms " locality” and “ prevailing rate of wages" in particular cases, see Opinions of Attorney-General, February 27, 1912, and November 20, 1914.

Since the section permits work in excess of eight hours “in cases of extraordinary emergency," violation must be affirmatively alleged: Molloy v. Village of Briarcliff Manor, 158 App. Div. 456. “ Extraordinary emergency is defined in United States v. Sheridan Kirk Contract Co., V. S. Dist. Court, 149 Fed. Rep. 813; lenn Bridge Co. v. United States, Court of Appeals of D. C., 35 Wash. Law Reporter, 287. As to what constitutes overtime in case of emergency work, see,

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