TEXT AND ABRIDGMENT OF LABOR LAWS1 ALABAMA CODE OF 1923 Child welfare department SECTION 103. Department established.—[A child welfare department is created with the powers and functions prescribed.] SEC. 104. Powers, etc.-[Among the powers and duties of the commission are those of enforcing laws as to the employment of children, with full power of visitation and inspection.] SECS. 105-108. Organization.-[The commission consists of the governor, superintendent of education, the State health officer, ex officio, and six persons appointed for terms of six years each, two to expire every two years. No member receives compensation for services, but is reimbursed for traveling and other expenses. They may elect a director and other employees, and fix their compensation, establish rules, and do such other acts as are necessary to carry out the purposes of the act.] SEC. 109. Director.-[The director is chosen for a term of six years and receives a salary of $3,000 per annum. He has full control and direction of the work and operations of the department.] SEC. 116. Appropriation.-[The sum of $50,000 annually is appropriated for the use of the commission.] SEC. 151. County superintendents.-[County superintendents of child welfare cooperate with the State child labor inspector in enforcing laws relating to the employment of children.] Mine regulations-Coal mines SECTION 1601. Inspectors.-[It is the duty of the governor to appoint an inspector for each two and a half million tons of coal mined, or a majority fraction thereof, one to be chief and the others associate mine inspectors. The chief must be a mining engineer. Their terms are three years.] SEC. 1602. Salaries.-[The chief inspector receives $4,000 per annum, and the associates $3,000.] SECS. 1603, 1604. Bonds; reports.-[The chief inspector may be required to give bond for the faithful discharge of his duties and accounting for license fees, etc. Annual reports as to money collected are required.] SEC. 1605. Qualifications.—[Chiefs must have eight years' experience and associates five years; all must hold first-class foremen's certificates. Associates must reside in their district, and no inspector or inspector's wife may own or operate a mine.] SEC. 1606. Other employment.-[Inspectors may not be otherwise employed by the State, except that the chief inspector is ex officio a professor of mining engineering in the State University.] SECS. 1607-1609. Duties.—[Inspectors must give full time to their duties; must inspect all coal mines and all working places therein, as far as possible, every 3 months, with special reference to works and machinery, the ventilation, drainage, general security, etc. Records are to be kept of inspections, and of accidents, employment, etc., and reports of inspections made to the superintendent or operator.] SEC. 1610. Accidents.—[Accidents to employees causing serious injury or death must be promptly investigated.] As already stated, abridgments are made of several classes of laws, of which only the substantive provisions are presented, and usually only in a summary form. Representative statutes are reproduced at length, for the purpose of a fuller presentation of the requirements, procedure, etc., in the case of laws governing the employment of children (Wisconsin, Statutes, secs. 103.5-103.15, 103.19-103.36), coal mines (Indiana, Acts of 1923, ch. 177), and private employment offices (Illinois, R. S., ch. 48, secs. 67a-67k). SECS. 1611-1613. Witnesses.-[Witnesses may be subpoenaed and examined under oath by any member of the board of examiners. The customary fees are allowed. Courts are charged with the duty of enforcing appearance.] SEC. 1614. Reports.-[The chief inspector must make written report to the governor, prior to each session of the legislature, as to the condition of the industry, with statistics, suggestions, etc.] SECS. 1615, 1616. Supplies.-[The State must furnish needed instruments for measuring the air and for testing scales, etc.] SEC. 1617-1621. Dangerous mines.-[The chief inspector, two associates concurring, may order a mine to stop operations if the conditions as to gas or dust are such as to cause explosions and endanger life. An appeal may be taken to the court.] SEC. 1622. Notices.-[Inspectors must be notified of accidents causing serious or fatal injuries, of the abandonment or reopening of any mine, of the appearance of dangerous accumulations of fire damp, of the approach of workings of abandoned mines containing water or gas, of the closing or abandonment of ways to exits. Reports of accidents shall not be divulged except in a legal proceeding, or to a member of the injured man's family, or to his or their legal representative.] SEC. 1623. Investigation of accidents.—[Serious or fatal accidents and gas or dust explosions must be investigated, and a file kept of accidents causing death or serious injury to employees.] SEC. 1624. Ventilation.-[The owner or operator of any mine must report the amount of ventilation and pressure gauge readings whenever required by the chief mine inspector.] SEC. 1625. Annual reports.-[Operators must make annual reports of kind and quantity of coal mined, and other data as required.] SEC. 1626. Removal of inspectors.-[The governor may remove chief or associate inspectors with or without cause, and may fill all vacancies.] SEC. 1627. Noncompliance with orders.-[Failure to comply within reasonable time with any order or direction of the chief mine inspector may be referred to the county judge of probate, before whom a hearing shall be held, and if the order is sustained, and no appeal is taken, it must be complied with under penalty of a fine not exceeding $1,000.] SECS. 1628-1642. Licensing foremen, etc.-[The chief inspector, two miners, two operators and a mining engineer, all appointed by the governor, constitute an examining board to examine and license mine foremen and fire bosses. The fees are $5 and $3, respectively. Duplicate certificates, in case of loss or destruction, issue at a cost of $1. Forgery of certificates, false statements, etc., are misdemeanors. Mine foremen must be 23 years of age, with 5 years practical experience, 3 years after the age of 15. Two grades of certificates are issued; foremen in gaseous or dusty mines must hold first-class certificates. Fire bosses must be 21, with at least 3 years' experience after the age of 15. Both must be of good moral character and temperate habits, as certified by 10 reputable citizens. Holders of first-class foremen's certificates may serve as fire bosses. If no licensed person is available, any trustworthy and experienced man may act as foreman or fire boss for not over 60 days Licenses may be revoked for violation of the law, intemperance, etc. Persons complained of must have 30 days' notice in writing, and be allowed a hearing.] SECS. 1643, 1644. Duties.-[The foreman must carry on his duties as prescribed in the act, and anyone causing him to do otherwise is amenable therefor. An assistant may act during the foreman's absence, not to exceed one week.] SEC. 1645. Sprinkling.-[Dust likely to ignite or explode must be sprayed or sprinkled.] SECS. 1646, 1647. Fire bosses.-[A certificated fire boss must be employed in mines in which gas exists in quantities sufficient to ignite or explode, and he must examine all working places before the workmen are permitted to enter. A safety lamp must be used, and a mark made if dangerous quantities are found.] SECS. 1648-1723. Safety provisions.—[A detailed code of safety provisions forbids injury to works, equipment, etc., regulates ventilation, the supply of timbers, exits, fencing, use of safety lamps, hoisting of workmen, maps, approach to other workings, the use of illuminants, oils, etc., tamping and blasting, use and storage of powder and other explosives, the weighing of coal, Intoxi first aid provisions, underground stables, electrical installations, etc. cated persons and intoxicants are not permitted in or about mines. Employees must report unsafe conditions when known to them.] SEC. 1724. Women and children.-[No boy under 14 and no female may work in or about any coal mine.] SEC. 1725. Posting.-[An abstract of this law and the rules, furnished by the chief mine inspector, must be conspicuously posted at or near the mines, so as to be read by the employees.] SEC. 1726. Injunction.-[In case an operator fails to comply with the law, the State's attorney for the county shall proceed against him by injunction.] SECS. 1729-1731. Oil; regulations; inspection.-[Only nonexplosive oils, free from deleterious odors or fumes, may be used except in safety lamps or under permission of the mine inspectors. Containers must be marked so as to show name of manufacturer and date of manufacture and of inspection. Inspection is by a mine inspector, before sale by the manufacturer.] Boycotting, blacklisting, etc. SECTION 3447. Interference with employment.-Two or more persons who, without a just cause or legal excuse for so doing, enter into any combination, conspiracy, agreement, arrangement, or understanding for the purpose of hindering, delaying, or preventing any other persons, firms, corporation, or association of persons from carrying on any lawful business shall be guility of a misdemeanor. SEC. 3448. Picketing. Any person or persons who, without a just cause or legal excuse therefor, go near to or loiter about the premises or place of business of any other person, firm, corporation, or association of people, engaged in a lawful business, for the purpose or with the intent of influencing or inducing other persons not to trade with, buy from, sell to, have business dealing with, or be employed by such persons, firm, corporation, or association, or who picket the works or place of business of such other persons, firms, corporations, or associations of persons, for the purposes of hindering, delaying, or interfering with, or injuring any lawful business or enterprise of another, shall be guilty of a misdemeanor; but nothing herein shall prevent any person from soliciting trade or business for a competitive business. SEC. 3449. Boycotting.-Any person, firm, corporation, or association of persons who prints or circulates any notice of boycott, boycott cards, stickers, dodgers, or unfair lists, publishing or declaring that a boycott or ban exists or has existed or is contemplated against any person, firm, corporation, or association of persons doing a lawful business, shall be guilty of a misdemeanor. SEC. 3450. Intimidation.—Any person, firm, corporation, or association of persons who uses force, threats, intimidation, or other unlawful means to prevent any other person, firm, corporation, or association of persons from engaging in any lawful occupation or business shall be guilty of a misdemeanor. SEC. 3451. Blacklist.-Any person, firm, corporation, or association of persons who maintains what is commonly called a blacklist or notifies any other person, firm, corporation, or association that any person has been blacklisted by such person, firm, corporation, or association; or who uses any other similar means to prevent any person from receiving employment from whomsoever he desires to be employed by shall be guilty of a misdemeanor. SEC. 3452. Obstructing business.—Any person, firm, corporation, or association of persons who without a just cause or legal excuse willfully or wantonly does any act with the intent, or with reason to believe that such act will injure, interfere with, hinder, delay, or obstruct any lawful business or enterprise in which persons are employed for wages; or who shall willfully or wantonly injure, destroy, attempt to destroy, or threaten to injure or destroy any property of another; or who shall willfully or wantonly derange, or attempt, or threaten to derange any mechanics, appliances, or devices, of another used in any lawful business or enterprise, shall be guilty of a misdemeanor. SEC. 3453. Taking control.-Any person, firm, corporation, or association of persons who without a just cause or legal excuse, but with the intent to supplant, nullify, or impair the owner's, operator's, or manager's control of any lawful business or enterprise, or who without just cause or legal excuse shall take, retain, attempt or threaten to take or retain, possession or control of any property of another or any instrumentality used in any lawful business or enterprise of another shall be guilty of a misdemeanor. SEC. 3454. Inciting acts.—Any person, firm, corporation, or association of persons who, without a just cause or legal excuse shall advise, encourage, or teach the necessity, duty, propriety, or expediency of doing or practicing any of the acts or things made unlawful by this act; or who print, publish, audit, issue, or knowingly circulate, distribute, or display any book, pamphlet, paper, handbill, document, or written or printed matter of any form advertising, advising, teaching, or encouraging such necessity, duty, propriety, or expediency of violating or disregarding any of the provisions of this act; or who organizes or helps to organize, gives aid or comfort to, or becomes a member of any group of persons formed to advocate, advise, or teach the necessity, duty, propriety, or expediency of violating or disregarding any of the provisions of this act shall be guilty of a misdemeanor. SEC. 3455. Violations.-[Any violations of the preceding sections entail a penalty of a fine of not less than $100 nor more than $1,000 and also imprisonment for not more than 6 months for the first conviction and not less than 3 nor more than 6 months on second conviction.] Employment of children-General provisions SECTION 3494. Age limit.-[No child under 14 years of age shall be employed, permitted, or suffered to work at any gainful occupation except agriculture and domestic service, except as hereinafter provided in this chapter.] SEC. 3495. Hours of labor.-[Six days and 48 hours per week, and 8 hours per day is the maximum work time for children under 16, except in agricultural and domestic service. Work between 7 p. m. and 6 a. m. is forbidden. Presence is prima facie evidence of employment.] SEC. 3496. Hours to be posted. [Employers must post a schedule of work time in all places of employment of children under 16.] SECS. 3497, 3498. Messenger service.-[No person under 18 may be employed in messenger or delivery service between 10 p. m. and 6 a. m.; nor under 21 in any pool or billiard room.] SECS. 3499-3501. Dangerous occupations.-[No child under 16 may be employed in designated dangerous occupations or processes. For a similar list see Delaware Code, secs. 3145, 3148. The State board of health may declare any place or occupation dangerous or injurious to the health or morals of a child under 16.] -SECS. 3502-3511. Certificates.-[Certificates issued by the school authorities are required for children under 16. No employment during school hours is permitted for children under 14. A statement of the employer's intention to employ, schooling equal to completion of the fifth grade (sixth grade after Sept. 1, 1926), evidence of age, and a medical certificate of physical fitness are required. Vacation permits for children over 12 require no certificates of schooling. Personal appearance of the applicant is required. Certificate must be returned to the issuing officer within 10 days after employment ceases. Age certificates are required for children between 16 and 17 years of age.] SECS. 3512-3517. Street trades.-[Engaging in street trades is forbidden to boys under 12 and girls under 18, except that boys 10 or over may deliver newspapers on routes. Boys under 16 may not be engaged between 8 p. m. and 5 a. m., unless 14 and qualified for an employment certificate; nor without a badge issued by the school authorities. This is required annually, on proof of age and a deposit of 50 cents, to be returned on surrender of the badge. Replacement of lost badges is made on payment of 25 cents.] SECS. 3518, 3519. Enforcement.-[The director of the child welfare department and his assistants must inspect places of employment of minors to enforce the provisions of this act, acting as State child labor inspector and deputy inspectors. School attendance officers and probation officers must report known violations.] SECS. 3520, 3521. Sanitary provisions.-[Every person, firm, or corporation, owning or controlling any establishment wherein minors are employed, subject to the provisions of this act, shall keep such establishment in a sanitary condition, shall provide suitable water-closets or privies, separate for each sex; also shall provide sanitary drinking fountains where twenty or more persons are employed. It is the duty of inspectors to compel compliance with this provision. ] SECS. 3522, 3523. Inspection.-[Any person who refuses to allow the inspector to have free access to any establishment and every part thereof wherein minors are or may be employed, or hinders or obstructs, or makes false statement to the inspector in connection with the establishment, or who violates section 15 of this act shall be fined not less than $50 nor more than $100 and on second conviction not more than $200. It is the duty of the inspector to remove any child found in any establishment, working or detained therein contrary to law or who is afflicted with a communicable disease.] SECS. 3524, 3525. Violations.-[Employers violating this act or permitting children to work contrary thereto, or failing to comply with lawful and reasonable orders may be fined from $10 to $100, and for subsequent offenses from $100 to $500. Parents and others in charge of children are similarly punishable for violations. For making a false affidavit the penalty is from $5 to $20 fine, and for a second offense, imprisonment not over 90 days.] SEC. 3542. Unlawful employment.—[Employing or encouraging the employment of children under the age of 16 in violation of the child labor act is regarded as contributing to delinquency, and is a misdemeanor.] Protection of employees as voters SECTION 3922. Coercion, etc., by employers.-Any employer who attempts by coercion, intimidation, threats to discharge or to lessen the remuneration of an employee, to influence his vote in any election, or who requires or demands an examination or inspection by himself or another of an employee's ballot, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than five hundred dollars. SEC. 3923. By officers or agents.-Any officer, or agent of a corporation, or other person with authority to discharge employees, who shall attempt by coercion, intimidation, threats to discharge or to lessen the remuneration of any employee, to influence his vote in any election, or who requires or demands an examination or inspection by himself or another of any employee's ballot, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than five hundred dollars. Enticing employees, apprentices, etc. SECTION 3985. Enticement from service.-Any person who entices, decoys, or persuades any apprentice or servant to leave the service or employment of his master must, on conviction, be fined not less than twenty nor more than one hundred dollars; and may also be imprisoned in the county jail, or sentenced to hard labor for the county for not more than three months. SEC. 3986. Interference, etc.-Any person who knowingly interferes with, hires, employs, entices away, or induces to leave the service of another, or attempts to hire, employ, entice away, or induce to leave the service of another, any laborer, or servant, renter, or share cropper, who has contracted in writing to serve such other person for any given time, not to exceed one year, before the expiration of the time so contracted for, or who persuades or induces or attempts to persuade or induce any person to abandon a crop he has begun before it is made or gathered, the natural or probable effect of which will be to injure a third person, or who knowingly interferes with, hires, entices away, or induces any minor to leave the service of any person to whom such service is lawfully due, without the consent of the party employing, or to whom such service is due, given in writing, or in presence of some credible person, must, on conviction, be fined not less than fifty nor more than five hundred dollars, at the discretion of the jury, and in no case less than double the damage sustained by the party whom such laborer or servant was induced to leave or against whose interest such crop was induced to be abandoned; one-half to the party sustaining such damage, and the other half to the county. The statute is not unconstitutional in attempting to punish criminally for violation of contract. 79 Ala. 271. Nor is it in violation of the Federal "Civil rights bill." 44 Ala. 367. It is plainly violative of the State constitution, being class legislation, since it imposes on laborers and renters a different penalty for breach of contract from that imposed on other citizens. 123 Fed. 671. Knowledge of previous subsisting contract is not essential to conviction. 44 Ala. 368. Section 6849 embraces all laborers, whether under written contract or not; the fine provided for is of no benefit to the employer. Section 6850 relates only to employment under written contracts, and provides for the recovery of damages. 52 So. 597. Section 6850 is constitutional, and is directed to the tortious mischief of knowingly interfering with or interrupting contract relations. Knowledge is of the essence of the offense. 51 So. 754. SEC. 3987. Evidence.--When any laborer or servant, renter, or share cropper, having contracted as provided in the preceding section, is afterwards found in the service or employment of another before the termination of such con |