TENNESSEE

THOMPSON'S SHANNON'S CODE-1918

Mine regulations

SECTIONS 338a-338a-12. Inspectors.—[These sections provide for the appointment of chief and district mine inspectors (see ch. 7, Acts of 1923), and prescribe their duties, powers, qualifications, etc. Technical and practical knowledge and experience are required. District inspectors must hold a class "A" foreman's certificate. Bond in the sum of $15,000 is required of the inspector and the district inspectors. Orders for the removal of dangerous conditions are to be issued and enforced and a record kept of the same. Three inspection districts are provided for. The right of inspection is enforceable by penalties.]

SECS. 338a-13-338a-17. Classification.--[These sections classify mines, requiring inspection at different periods, different amounts of ventilation, etc. The presence or absence of gas, dust, moisture, the number of men employed, and the nature of the mine (coal, metal, phosphate) are the bases of distribution in the 5 classes provided for.]

SECS. 338a-18-338a-43, 338a-44 (as amended 1919, ch. 168). Safety provisions, etc.-[These sections embody a code of regulations, requiring maps, prescribing operations in the various classes of mines, regulating the use of safety lamps, ventilation, exits, hoisting machinery, travel ways, blasting, dust prevention, etc. Foremen, assistant foremen, and fire or gas bosses must have certificates granted after examination. Certificates are of three classes, and may be revoked for cause after notice and hearing. Fees for inspection range from $10 where less than 10 men are employed to $100 in mines employing more than 300 men. Charges are made for each inspection, not more than 3 to be charged for per year.]

SECS. 338a-45-338-57. Rescue stations.-[Six rescue stations in the different parts of the mining area of the State are authorized, the equipment prescribed, the selection and training of rescue corps provided for, etc. Persons or corporations may secure apparatus and train men according to the standards fixed by law, and, if approved, these may be accepted as State stations.]

SECS. 338a-58–338a-60. Illuminating oil.-[These sections prescribe standards for oils used in the mines in lamps.]

SECS. 339-341. Checkweighmen.-[Miners in coal or other mines where payment is by weight or measure may employ a checkweighman or measurer, who shall be allowed to inspect operations, equipment, etc. On notice, operators must withhold an agreed amount from the pay of the miners as payment for such checkweighmen or measurers.]

Private employment offices

SECTION 712. Fee.-[An annual fee of $25 is provided for intelligence offices and employment agencies.]

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Protection of employees as voters

SECTION 1166a-3. Inclosures in pay envelopes.-It shall be unlawful for any employer, either corporation, association, company, firm, or person, in paying its, their, or his employees the salary or wages due them, to inciose their pay in "pay envelopes" on which there is written or printed any political mottoes, devices, or arguments, containing threats, express or implied, intended or calculated to influence the political opinions, views, or actions of such employees. Nor shall it be lawful for any employer, either corporation, association, company, firm, or person, within ninety days of any election provided by law, to put up or otherwise exhibit in its, their, or his factory, workshop, mine, mill, boarding house, office, or other establishment or place where its, their, or his employees may be working or may be present 1009

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in the course of such employment, any handbill, notice, or placard, containing any threat, notice, or information, that in case any particular ticket or candidate shall, or shall not be elected, work in its, their, or his establishment shall cease in whole or in part, or its, their, or his workmen be reduced; or other threats, express or implied, intended or calculated to influence the political opinions or actions of its, their, or his employees. Any person or persons, or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor; and any person, whether acting in his individual capacity or as an officer or agent of any corporation so guilty of such misde meanor shall be punished as hereinafter prescribed. *

SEC. 1166a-5. Use of force, violence, etc.-It shall be unlawful for any corporation, or any officer or agent of any corporation, to influence or attempt to influence, by force, violence or restraint, or by inflicting or threatening to inflict any injury, damage, harm or loss, or by discharging from employment or promoting in employment, or by intimidation or otherwise in any manner whatever, to induce or compel any employee to vote or refrain from voting at any election provided by law, or to vote or refrain from voting for any particular person or persons, measure or measures, at any such election. Any such corporation, or any officer or agent of such corporation, violating any of the provisions of this section, shall be deemed guilty of a misdemeanor and be subject to the penalty hereinafter provided, and in addition thereto, any corporation violating this section shall forfeit its charter and right to do business in this State. SEC. 1166a-10. Penalty.-* any corporation or agent of a corporation, guilty of any offense herein made a misdemeanor, shall, upon conviction, be punished by a fine not exceeding one thousand dollars.

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Employment of children-School attendance

SECTION 1461a-28. Attendance required.-[School attendance to 16 is re quired, unless the child is actively, regularly, and lawfully engaged in some useful employment.]

Protection of employces on street railways

SECTION 2411a-4. Vestibules.-[Street cars must be provided with vestibules for the protection of employees required to be on the front and outside of cars, the requirement running from November 1 to March 15 of each year.]

Private employment offices

SECTION 3608a-219. License.—[State licenses must be provided for the operation of employment agencies for profit, the fee ranging from $10 per annum for cities or towns of less than 5,000 inhabitants to $50 for those of 25,000 or more inhabitants. The license must be prominently posted in the place of business.]

SEC. 3608a-220. Bond, etc.-[The name of the agency must not be similar to that of any free employment office. A bond is required in the sum of $1.000 conditioned on the observance of the law.]

SEC. 3608a-221. Register.-[A register must be kept showing the name and address of the applicant and the nature of the employment sought, the same to be open to official inspection.]

SEC. 3608a-222. Fraud, etc.-[No female shall be sent to any home of ill repute; nor shall agencies publish any false advertisements or make any false promises or false entries in registers.]

SEC. 3608a-223. Shipping workmen; receipts.-[If workmen are sent to another locality, general conditions of employment must be given, especially as to the existence or not of any labor dispute.

Receipts must be given for all fees collected, showing amount, name of appli cant, nature of employment sought, etc. If employment is not obtained in 10 days, the full amount of the fee must be returned.]

SEC. 3608a-224. Return of fec.-[Restates provision noted last above.] SEC. 3608a-225. Violations.-[Penalties of fine or imprisonment or both are provided; also revocation of license, which may not be renewed for 3 months.] SEC. 3608a-226. Reports.-[Quarterly reports, or monthly if requested, must be made to the department of workshop and factory inspection.]

Exemption of wages from execution

SECTION 3794. Amount exempt.-[Ninety per cent of wages or salary of $40 per month or less or $36 out of any larger monthly salary or wage shall be exempt from execution, etc., to any resident of the State who is 18 years of age or who is the head of a family; and no attachment or garnishment shall affect future earnings, but only such sums as are already earned.]

SEC. 3794a. Earnings outside of State.-[Wages earned and payable outside the State are exempt from attachment where the cause of action arose outside of the State.]

Contracts of employment

SECTION 4337. Enticing employees forbidden.-It shall not be lawful for any person in this State, knowingly, to hire, contract with, decoy or entice away, directly or indirectly, anyone, male or female, who is at the time under contract or in the employ of another; and any person[s] so under contract or employ of another, leaving their employ without good and sufficient cause, before the expiration of the time for which they were employed, shall forfeit to the employer all sums due for service already rendered, and be liable for such other damages [as] the employer may reasonably sustain by such violation of contract.

SEC. 4338. Penalty.-Any person violating the provisions of the first clause of the last section shall be liable to the party who originally had and was entitled to the services of said employee, by virtue of a previous contract, for such damages as he may reasonably sustain by the loss of the labor of said employee; and he shall also be liable for such damages, whether he had knowledge of an existing contract or not, if he fails or refuses to discharge the person so hired, or to pay such damages as the original employer may claim, after he has been notified that the person is under contract, or has violated the contract with another person, which amount shall be ascertained, and the collection enforced by action for damages before any justice of the peace of said county where said violation occurs, or the party violating said section may reside.

SEC. 43382. Fraud.-Any person who shall misrepresent to any employees the amount of wages to which employee is to receive on entering into a new contract of employment or who shall fail to give a bond with good and solvent sureties to be filed with the judge or chairman of the county court of the county in which the contract of new employment is made, said bond to be in an amount sufficient to cover the difference in wages received by such employee at the time he is solicited to change his employment and the amount promised to such employee as wages in his new employment, also a good and solvent bond to protect the employer against any and all loss sustained through the removal of his employees by a fraudulent promise or contract shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than $5 nor more than $250 or imprisoned in the county workhouse not less than thirty days nor more than six months, or both, in the discretion of the court.

SEC. 4338a. Deceptive representations, etc.-It shall be unlawful for any person, persons, company, corporation, society, association or organization of any kind doing business in this State by himself, themselves, his, its or their agents or attorneys, to induce, influence, persuade, or engage workmen to change from one place to another in this State or to bring workmen of any class or calling into this State to work in any of the departments of labor in this State through or by means of false or deceptive representations, false advertising or false pre-tenses, concerning the kind and character of the work to be done, or amount and character of the compensation to be paid for such work, or the sanitary or other conditions of the employment, or as to the existence or nonexistence of a strike, or other trouble pending between employer and employees, at the time of or prior to such engagement.

SEC. 4338a-1. Notice of strike.-Failure to state in any advertisement, proposal or contract for the employment of workmen that there is a strike, lockout or other labor troubles at the place of the proposed employment, when in fact such strike, lockout or other labor troubles then actually exist at such place, shall be deemed as false advertisement and misrepresentation for the purposes of this act.

SEC. 4338a-2. Violations.-[Penalty for violating the last above sections is a fine, not less than $500, or imprisonment not exceeding one year, or both.] SEC. 4338a-4. Damages.-Any workman of this State, or any workman of another, who has or shall be influenced, induced, or persuaded to engage with any persons mentioned in section 1 of this act [Code, sec. 4338a], through or by means of any of the things therein prohibited, each of such workmen shall have a right of action for recovery of all damages that each such workman has sustained in consequence of the false or deceptive representations, false advertising, and false pretenses used to induce him to change his place of employment, against any person or persons, corporations, companies, or associations, directly or indirectly, causing such damages, and in addition to all actual damages such workmen may have sustained, shall be entitled to recover such reasonable attorney's fees as the court shall fix, to be taxed as costs in any judgment recovered.

Payment of wages

SECTION 4339. Monthly pay day.-All persons, firms, companies, or corporations engaged in constructing and building railroads, or in mining coal, ore, or other minerals, or mining and manufacturing them, or either of them, or manufacturing iron or steel, or both, or any other kind of manufacturing, shall pay their laborers and employees the amounts due them for their work or service in lawful money of the United States, or by cash order as described and required in section 4342, and shall adjust accounts with their laborers and employers at least once in every thirty days.

SEC. 4340. Provisos.-If the employer and employee fail, in their adjustment, to agree upon the amount due the laborer, and the courts have to settle the question in controversy, the penalty herein provided shall not apply.

SEC. 4341. Claim may be assigned.-Nothing herein contained shall affect the right of such laborer or employee to assign, in whole or in part, his claim against his employer.

SEC. 4341a. Assignments.--[Wage assignments to be valid must have been assented to by the employer, in writing, at the time of execution.]

SEC. 4342. Scrip to be redeemable.—It shall not be lawful for any perso”, firm, company, or corporation engaged in the business set forth in section 4339, or for their clerk, agent, officer, or servant, to issue for payment of labor any order or other paper whatever, unless the same purports to be redeemable for its face value in lawful money of the United States, bearing interest at legal rate, made payable to employee or bearer, and redeemable by the person, firm, company, or corporation giving, making or issuing the same; and any person, firm, company, or corporation engaged in the business aforesaid, their clerks, agents, officers, or servants, who shall be guilty of a violation of section 4339 or this section, shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in any sum not exceeding two hundred dollars and not less than fifty dollars in the discretion of the court.

The provisions of this law are valid. Knoxville Iron Co. v. Harbison, 183 U. S. 13, 22 Sup. Ct. 1.

SEC. 4342a. Redemption.-All persons, firms, corporations and companies using coupons, scrip, punch outs, store orders, or other evidences of indebtedness to pay their or its laborers and employees, for labor or otherwise, shall, if demanded, redeem the same in the hands of such laborer, employee, or bona fide holder in good and lawful money of the United States: Provided, The same is presented and redemption demanded of such person, firm, company or corporation using same as aforesaid, at a regular pay day of such person, firm, company or corporation to laborers or employees, or if presented and redemption demanded as aforesaid by such laborers, employees, or bona fide holders at any time not less than thirty days from the issuance or delivery of such coupon, scrip, punch out, store order, or other evidences of indebted ness to such employees, laborers or bona fide holder. Such redemption to be at the face value of said scrip, punch out, coupon, store order, or other evidence of indebtedness: Provided, further, Said face value shall be in cash the same as its purchasing power in goods, wares and merchandise at the commissary company store or other repository of such company, firm, person or corporation aforesaid.

SEC. 4342a-1. Right of action.-Any employee, laborer, or bona fide holder referred to in section 1 of this act, upon presentation and demand for redemp

tion of such scrip, coupon, punch out, store order or other evidence of indebtedness aforesaid, and upon refusal of such person, firm, corporation or company to redeem the same in good and lawful money of the United States, may maintain in his, her or their own name an action before any court of competent jurisdiction against such person, firm, corporation or company using same as aforesaid for the recovery of the value of such coupon, scrip, punch out, store order or other evidence of indebtedness, as defined in section 1 of this act, and if plaintiff obtains judgment in such case, it shall include a penalty of 25 per cent, and a reasonable fee for the plaintiff's attorney for his services in the suit, all of which, as well as the costs, shall be taxed against the defendant.

SEC. 4342a-2. Act construed.-Nothing herein in this act contained is to be so construed as to legalize the issuance or use of scrip.

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This law is constitutional and has the same effect as to foreign corporations that it has upon those formed within the State. 22 Sup. Ct. 5.

An assignee of scrip may recover under its provisions and for face value, though he purchased it at a discount." 53 S. W. 955.

SEC. 4342a-2a. Pay days established.-All wages or compensation of employees in private employments shall be due and payable as follows, that is to say, all such wages or compensation earned and unpaid prior to the first day of any month, shall be due and payable not later than the twentieth day of the month following the one in which such wages were earned; and all wages or compensation earned and unpaid prior to the sixteenth day of any month, shall be due and payable not later than the fifth day of the succeeding month.

The words "private employment" used in this act shall mean and include all employments except those under the direct management, supervision and control of the State of Tennessee, any county, incorporated city or town, or other municipal corporation or political subdivision of the State of Tennessee, or any officer or department thereof.

But nothing contained herein shall be construed as prohibiting the payment of wages at more frequent periods than semimonthly: Provided, That this act shall apply only to private employments where twenty or more employees are employed.

SEC. 4342a-2a1. Notice to be posted.-Every employer shall establish and maintain regular pay days as herein provided, and shall post and maintain notices, printed or written in plain type or script, in at least two conspicuous places where said notices can be seen by the employees as they go to and from the work, setting forth the regular pay day as herein prescribed.

SEC. 4342a-2a2. Payment in money. The payment of wages or compensation of employees in the employments defined herein, shall be made in lawful money of the United States or by a good and valid negotiable check or draft, payable on presentation thereof, at some bank or other established place of business without discount, exchange or cost of collection in lawful money of the United States, and not otherwise.

SEC. 4342a-2a3. Absent employees.-In case an employee in any such employment shall be absent from the usual place of employment at the time said payment shall be due and payable as hereinabove provided, he shall be paid the wages or compensation within a reasonable time after making a demand therefor.

SEC. 4342a-2a4. Violations.-Every person, partnership or corporation willfully failing or refusing to pay the wages of any employee at the time and in the manner provided in this statute shall forfeit to the State of Tennessee the sum of twenty-five ($25) dollars for each and every such failure or refusal, and suits for penalties accruing under this act shall be brought in any court having jurisdiction of the amount in the county in which the employee should have been paid, or where employed. Such suit shall be instituted at the direction of the chief of the department of workshop and factory inspection by the district attorney general, or under his direction, for the county or district in which suit is brought.

SEC. 4342a-2a5. Enforcement.-The department of workshop and factory inspection shall enforce the provisions of this act.

Factory, etc., regulations

SECTIONS 4342a-25, 4342a-26. Seats for females.-[These sections require, under penalty, that employers of females in any factory, mercantile estab