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V. WOMEN'S HOURS OF LABOR'

STATUTE

Definitions. Section 1728-1. The following terms as used in sections 1728-1 to 1728-4, inclusive, shall be construed as follows:

(1) The term "place of employment" shall mean and include any manufactory, mechanical or mercantile establisment, laundry, restaurant, confectionery store, or telegraph or telephone office or exchange, or any express or transportation establishment.

(2) The term "employment" shall mean and include any trade, or occupation, or process of manufacture, or any method of carrying on such trade or occupation in which any female may be engaged or for any place of employment, as here'n defined.

(3) The term "employer" shall mean and include every person, firm, corporation, agent. manager, representative, or other person having control or custody of any employment or place of employment, as here'n defined.

(4) The terms "order," "general order" "special order," "safe," "safety," and "welfare," shall be construed as defined in section 2394-41 of the statutes.

Hours of Labor for Women. Section 1728-2.2 No female shall be employed or be permitted to work in any place of employment for such period or periods of time during any day. night or week, as shall be dangerous or prejud cial to the life, health, safety or welfare of such female. It shall be the duty of the Industrial Commission and it shall have power, jurisdiction and authority to investigate, ascerta'n. determine and fix such reasonable classification, and to issue general or special orders fixing a period or periods of time, or hours of beginning and ending work during any day, night or week which shall be necessary to protect the life, health, safety or welfare of any female, or to carry out the purposes of sections 1728-1 to 1728-4, inclusive, of the statutes. Such invest gations, classifications and orders, and any action proceeding, or suit to set aside. vacate or amend any such order of said commission, or to enjoin the enforcement thereof, shall be made pursuant to the proceeding in sections 2394-41 to 2394-70, inclusive, of the statutes, which are hereby made a part hereof, so far as not inconsistent with the provisions of sections

1 The women's hours of labor law applies to women who have passed their sixteenth birthday. The hours of labor of girls below sixteen are governed by the Child Labor Law. (pages).

2 The power conferred upon the Industrial Commission in this section was held to be valid in State vs. Lange Canning Co., 164 Wis. 228.

1728-1, 1728-2, 1728-3, and 1728-4 of the statutes, and every order of the sa ́d commission shall have the same force and effect as the orders issued pursuant to said sections 2394-41 to 2394-70, inclusive, of the statutes, and the penalties therein shall apply to and be imposed for any violation of sect.ons 1728-1, 1728-2, 1728-3 and 1728-4 of the statutes. Until such time as the Industrial Commission shall so investigate, ascertain, determine and fix, and shall issue general or special orders thereon, the periods of time specified in the attached schedule shall be deemed to be dangerous or prejudicial to the life, health, safety or welfare of females.

Schedule.

At day work more than ten hours in any one day, or more than fifty-five hours in any one week.

At night work, more than eight hours in any one night, or more than forty-eight hours in any one week.

Day work is work done between six o'clock A. M., and eight o'clock P. M. of the same day; provided that employment not more than one night in the week after eight o'clock shall not be considered night work.

Night work is work done between eight o'clock P. M. and six o'clock A. M. of the following day.

Less than one hour during each day or night for dinner or other meals.

Posting of Time List. Section 1728-3. Every employer shall post in a conspicuous place in each of the several departments in or for which women are employed, a list on a printed form furnished by the industrial commission, stating the names and hours required of each woman during each day of the week, the hours of commencing and stopping work, and the period allowed for dinner or other meals. Such list need not be posted where time records are kept for inspection by the said commission for a period of at least six months prior to such inspection or where any other substitute equally effective for the enforcement of sections 1728-1 to 1728-e, inclusive, is approved by the commission..

of

Violations; Penalty. Section 1728-4. The employment any female in any such employment or place of employment as defined in section 1728-1 at any time other than those of the posted hours of labor, as herein before provided for, shall be prima facie evidence of a violation of this act. Every day for each female employed, and every week for each female employed, during which any employer shall fail to observe or to comply with any order of the commission, or to perform any duty enjoined by sections 1728-1 to 1728-4, inclusive, of the statutes, shall constitute a separate and distinct offense.

The Supreme Court held in State vs. Lange Canning Co., 164 Wis. 228, that the limitation for part day and part night work in this schedule is the same as for day work. Since this decision was rendered the Industrial Commission has adopted Orders 1 to 6, inclusive, which materially modify the schedule contained in this section. Orders 2 and 3 make definite pro

visions for part day and part night work. (See nage 259.)

ORDERS OF THE INDUSTRIAL COMMISSION

Pursuant to Sections 1728-1 to 1728-4, Inclusive, of the Statutes, Which Modify the Schedule Included in Section 1728-2

Order No. 1. Night work for women in and about manufactories and laundries in this state is hereby forbidden. Night work is declared to be work performed between the hours of 6 P. M. of one day and 6 A. M. of the following day.

(Pea canneries are not manufactories within the meaning of this order.)

Order No. 2. Day work for the purposes of this order shall be construed as work performed within the hours of 6 A. M. and 6:30 P. M. of the same day except it may be permissible in all places of employment other than manufactories and laundries, to work one night per week after 6:30 P. M. without such time being classified as night work. If work is done after 6:30 P. M. more than one night per week then all work performed within the week shall be considered night work.

Order No. 3. The employment of women at night work in any place of employment for more than eight hours per night or more than forty-eight hours per week, is prohibited as being prejudical to the life, health, safety and welfare of such women.

Order No. 4. In cities of the first class, and their suburbs, women may be employed as conductors, motormen or flagmen by street car lines only at day work between the hours of 8 A. M. and 5 P. M.

In all other cit'es and in towns and villages, women may be employed in the employments named only at day work between the hours of 6 A. M. and 5 P. M. and their hours of labor during any day must not exceed eight hours.

Order No. 6. 1. At least one hour during each day or night for dinner or other meals must be allowed all female employes, as required by Section 1728-2 of the statutes, except as otherwise provided in this order.

2. In cities of the first class, in manufactories in which a room conveniently located has been adequately equipped as a lunch room, the lunch period may be 45 minutes.

3. In restaurants, the meal periods may be 30 minutes, provided that the stretch of labor between meals does not exceed five hours and provided that the employees eat their meals upon the premises.

Order No. 6. Registered lady pharmacists and registered assistant pharmacists. Registered lady pharmacists and registered assistant pharmacists shall be exempt from the restrictions upon the hours of labor of females contained in Sections 1728-1 to 1728-4, inclusive, of the statutes, and the orders of the Industrial Commission issued pursuant thereto."

• Employes engaged in purely office duties or as janitresses in manufactories, and laundries are not included within the prohibition of night work in Order No. 1. Job printing offices are manufactories within the meaning of this order. Condensaries have been permitted, by special order, to keep their women employes until seven o'clock on Saturday evening, provided that these women do not work at all on Sunday, and provided that they do not exceed the limit of ten hours per day or fifty-five hours per week.

VI. MINIMUM WAGE ACT

STATUTE

Definit.on. Section 1729s-1. The following terms as used in sections 17298-1 to 17298-12, inclusive, shall be construed as follows:

(1) The term "employer" shall mean and include every person, firm or corporation, agent manager, representative, contractor, subcontractor or principal, or other person having control or direction of any person employed at any labor or responsible directly or indirectly for the wages of another.

(2) The term "employe" shall mean and include every person who is in receipt of or is entitled to any compensation for labor performed for any employer.

(3) The term "wage" and the term "wages" shall each mean any compensation for labor measured by time, piece or otherwise. (4) The term "welfare" shall mean and include reasonable comfort, reasonable physical well-being, decency, and moral well-being. (5) The term "living-wage" shall mean compensation for labor paid whether by time, piece-work or otherwise, sufficient to enable the employe receiving it to maintain himself or herself under conditions consistent with his or her welfare.

Living Wage Must be Paid. Section 1729s-2. Every wage paid or agreed to be paid by any employer to any female or minor employee, except as otherwise provided in section 1729s-7, shall be not less than a living-wage.

Section 1729s-3. Any employer paying, offering to pay, or agreeing to pay to any female or minor employe a wage lower or less in value than a living-wage shall be deemed guilty of a violation of sections 1729s-1 to 1729s—12, inclusive, of the statutes.

Power to Fix Classifications: Penalty. Section 1729s-4. It shall be the duty of the Industrial commission and it shall have power, jurisdiction and authority to investigate, ascertain, determine and fix such reasonable classifications, and to issue general or special orders, determining the living wage, and to carry out the purposes of sections 1729s-1 to 1729s-12, inclusive of the statutes. Such investigations, classifications and orders, and any action, proceeding, or suit to set aside, vacate or amend any such order of said commission, or to enjoin the enforcement thereof shall be made pursuant to the proceeding in sections 2394-41 to 2394-70, inclusive, of the statutes, which are hereby made a part hereof, so far as not inconsistent with the provisions of sections 17298-1 to 1729s-12, inclusive, of the statutes; and every order of the said commission shall have the same force and effect as the orders issued pursuant to said sections 2394-41 to 2394-70.

inclusive, of the statutes, and the penalties therein shall apply to and be imposed for any violation of sections 17298-1 to 17298-12, inclusive, of the statutes.

Industrial Comm.ssion to Determine Living Wage. Section 17298-5. After July 1, 1913, the industrial commission may, upon its own initiative, and after July 1, 1914, the Industrial commission shall, within twenty days after the filing of a verified complaint of any person setting forth that the wages pa.d to any female or minor employe in any occupation are not sufficient to enable such employe to maintain himself or herself under conditions consistent with his or her welfare, investigate and determine whether there is reasonable cause to believe that the wage paid to any female or minor employe is not a living wage.

Advisory Wage Board. Section 1729s-6. If, upon investigation, the commission finds that there is reasonable cause to believe that the wages paid to any female or minor employe are not a l.vingwage, it shall appoint an advisory wage board, selected so as fairly to represent employers, employees and the public, to assist in its investigations and determinations. The living-wage so determined upon shall be the living-wage for all female or minor employes, within the same class as established by the classification of the commission.

Special Licenses. Section 1729s-7. The Industrial Commission shall make rules and regulations whereby any female or minor unable to earn the living-wage theretofore determined upon, shall be granted a license to work for a wage which shall be commensurate with his or her ability. Each license so granted shall establish a wage for the licensee, and no licensee shall be employed at a wage less than the rate so established.

Indentures for Learners. Section 1729s-8. 1. All minors working in an occupation for which a living-wage has been established for minors, and who shall have no trade, shall, if employed in an occupation which is a trade industry, be indentured under the provisions of sections 2377 to 2386, inclusive, of the statutes.

2. A "trade" or a "trade industry" within the meaning of this act shall be a trade or an industry involving physical labor and characterized by mechanical skill and training such as render a period of instruction reasonably necessary. The Industrial commission shall investigate, determine and declare what occupations and industries are included within the phrase a "trade" or a "trade industry."

3. All minors working in an occupation for which a living-wage has been established for minors but which is not a trade industry, who have no trade, shall be subject to the same provisions as minors between the ages of fourteen and sixteen as provided in section 1728c-1 of the statutes.

4. The Industrial commission may make exceptions to the operation of subsections 1 and 2 of this section where conditions make their application unreasonable.

Reports by Employers. Section 1729s-9. Every employer employing three or more females or minors shall register with the Industrial commission, on blanks to be supplied by the commission. In filling out the blank he shall state separately the number of females and the number of minors employed by him, their age, sex, wages and the nature of the work at which they are employed, and shall give such other information relative to the work performed

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