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Employment of labor-General provisions.

(Page 2089.)

SECTION 2 (as amended by chapter 550, Acts of 1904). The term

Definitions. employee, when used in this chapter, means a mechanic, workingman or laborer who works for another for hire. The person, employing any such mechanic, workingman or laborer, whether the owner, proprietor, agent, superintendent, foreman or other subordinate, is designated in this chapter as an employer. The termi 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. The term mercantile establishment, when used in this chapter, means any place where goods, wares or merchandise are offered for sale. The term tenement house, where used in this chapter, means any house or building, or portion thereof, which is rented, lea sed, 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 act 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 act. Whenever, in this chapter, authority is conferred upon the commissioner of labor, it shall also be deemed to include his assistant or a deputy acting under his direction.

Sec. 3 (as reenacted by chapter 506, Acts of 1906). Eight hours Eight hours a shall constitute a legal day's work for all classes of employees in day's work. 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 Contracts for the State or a municipal corporation is a party which may involve public work. 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 de- Prevailing

rate of wages. fined 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 Contracts shall contain a stipulation that each such laborer, workman or void, when. 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 payments 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 persons regularly employed in State institutions, or to engineers, electricians and elevator men in the department of public build

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ings during the annual session of the legislature, nor to the construction, maintenance and repair of highways outside the limits

of cities and villages. Violations by SEC. 4. Any officer[,) agent or employee of this State or of a officers.

municipal corporation therein having a duty to act in the premises who violates, evades or knowingly permits the violation or evasion of any of the provisions of this act shall be guilty of malfeasance in office and shall be suspended or removed by the authority having power to appoint or remove such officer(,) agent or employee, otherwise by the governor. Any citizen of this State may maintain proceedings for the suspension or removal of such otficer[,] agent or employee or may maintain an action for the purpose of securing the cancellation or avoidance of any contract which by its terms or manner of performance violates this act or for the purpose of preventing any officer, agent or employee of such municipal corporation from paying or authorizing the pay

ment of any public money for work done thereupon. Hours of la

SEC. 5 (as amended by chapter 243, Acts of 1907). Ten consecustreet

tive hours' labor, including one-half hour for dinner, shall constirailways ;

tute a day's labor in the operation of all street surface and elevated railroads, of whatever motive power, owned or operated by corporations in this State, whose main line of travel, or whose routes lie principally within the corporate limits of cities of the first and second class. No employee of any such corporation shall be permitted or allowed to work more than ten consecutive hours, including one-half hour for dinner, in any one day of twenty-four hours. In cases of accident or unavoidable delay, extra labor may

be performed for extra compensation. In brick- SEC. 6. Ten hours, exclusive of the necessary time for meals, yards;

shall constitute a legal day's work in the making of brick in brickyards owned or operated by corporations. No corporation owning or operating such brickyard shall require employees to work more than ten hours in any one day, or to commence work before seven o'clock in the morning. But overwork and work prior to seren o'clock in the morning for extra compensation may be performed

by agreement between employer and employee. On railroads. SEC. 7. Ten hours labor, performed within twelve consecutive

hours, shall constitute a legal day's labor in the operation of steam surface and elevated railroads owned and operated within this State, except where the mileage system of running trains is in operation. But this section does not apply to the performance of extra hours of labor by conductors, engineers, firemen and trainmen in case of accident or delay resulting therefrom. For each hour of labor performed in any one day in excess of such ten hours, by any such employee, he shall be paid in addition at least

one-tenth of his daily compensation. Time for rest. No person or corporation operating a line of railroad of thirty

miles in length or over, in whole or in part within this State, shall permit or require a conductor, engineer, fireman or trainman, who has worked in any capacity for twenty-four consecutive hours, to go again on duty or perform any kind of work until he has had at

least eight hours' rest. Eight-hour Sec. Ta (added by chapter 627, Acts of 1907). The provisions of limit for cer- section seven of this chapter shall not be applicable to employees tain employees on railroads.

mentioned herein. It shall be unlawful for any corporation or receiver, operating a line of railroad, either surface, subway or elevated, in whole or in part, in the State of New York, or any officer, agent or representative of such corporation or receiver to require or permit any telegraph or telephone operator who spaces trains by the use of the telegraph or telephone under what is known and termed the “ block system" (defined as follows) : Reporting trains to another office or offices or to a train dispatcher operating one or more trains under signals, and telegraph or telephone levermen who manipulate interlocking machines in railroad yards or on main tracks out on the lines or train dispatchers in its service whose duties substantially, as hereinbefore set forth, pertain to the movement of cars, engines or trains on its railroad by the use of the telegraph or telephone in dispatching or reporting trains or receiving or transmitting train orders as interpreted in this section, to be on duty for more than eight hours in a day of twenty-four hours, and it is hereby declared that eight hours shall constitute a day of employment for all laborers or employees engaged in the kind of labor aforesaid; except in cases of extraordinary emergency caused by accident, fire, flood or danger to life or property and for each hour of labor so performed in any one day in excess of such eight hours, by any such employee, he shall be paid in addition at least, one-eighth of his daily compensation. Any person or persons, company or corporation, who shall violate any of the provisions of this section, shall, on conviction, be fined in the sum not less than one hundred dollars, and such fine shall be recovered by an action in the name of the State of New York, for the use of the State, which shall sue for it against such person, corporation or association violating this act, said suit to be instituted in any court in this State having appropriate jurisdiction. Such fine, when recovered as aforesaid, shall be paid without any deduction whatever, one-half thereof to the informer, and the balance thereof to be paid into the free school fund of the State of New York. The provisions of this act shall not apply to Application of any part of a railroad where not more than eight regular passen of the commissioner of labor. A violation of this section shall constitute a misdemeanor and shall be punishable by a fine of not less than fifty dollars nor more than five hundred dollars, or by imprisonment for not less than thirty nor more than ninety days, or by both such fine and imprisonment.

law. ger trains in twenty-four hours pass each way: Provided, moreover, That where twenty freight trains pass each way generally in each twenty-four hours then the provisions of this act shall apply, notwithstanding that there may pass a less number of passenger trains than hereinbefore set forth, namely eight.

SEC, 8. Upon the appointment of a receiver of a partnership or Receivers to of a corporation organized under the laws of this State and doing pay wages first. business therein, other than a moneyed corporation, the wages of the employees of such partnership or corporation shall be preferred to every other debt or claim.

This section does not include bookkeepers, superintendents and foremen, paid by the month, the performance of manual labor by whom, if at all, is merely incidental. 73 Hun 327.

This section being in derogation of the common law will be strictly construed, and its benefits will not be extended to cases not within the reason as well as within the words of the statute. Preferred wage-earners have an assignable interest upon the appointment of a receiver and not before. Holders of assigned claims hold them subject to no preference. 45 Hun 329.

A receiver pending foreclosure proceedings against a railroad is a mere temporary officer of the court, and is not bound to give preference to wage claimants under this section. 11 App. Div. 249.

SEC. 9 (as amended by chapter 316, Acts of 1906). Every manu- Wages to be facturing, mining, quarrying, mercantile, railroad, street railway, paid in cash. canal, steamboat, telegraph and telephone company, every express company, and every water company, not municipal, and every person, firm or corporation, engaged in or upon any public work for the State or any municipal corporation thereof, either as a contractor or a subcontractor therewith, shall pay to each employee engaged in his, their or its business the wages earned by such employee in cash. No such company, person, firm or corporation shall hereafter pay such employees in script (scrip), commonly known as store money orders. No person, firm or corporation engaged in carrying on public work under contract with the State or with any municipal corporation of the State, either as a contractor or subcontractor therewith, shall directly or indirectly, conduct or carry on what is commonly known as a company store, Company if there shall, at the time be any store selling supplies, within stores. two miles of the place where such contract is being executed. Any person, firm or corporation violating the provisions of this section shall be guilty of a misdemeanor.

Sec. 10. Every corporation or joint stock association, or person Weekly pay carrying on the business thereof by lease or otherwise, shall pay

day. weekly to each employee the wages earned by him to a day not more than six days prior to the date of such payment.

Monthly pay But every person or corporation operating a steam surface railday.

road shall, on or before the twentieth day of each month, pay the
employees thereof the wages earned by them during the pre-
ceding calendar month.

This section is limited to laborers and workmen engaged in manual
labor. 57 Hun 577.

It does not apply to public officers or clerks who receive annual sal

aries. 25 Abb. New Cases 368.
Penalty. Sec. 11. If a corporation or joint stock association, its lessee or

other person carrying on the business thereof, shall fail to pay
the wages of an employee as provided in this article, it shall for-
feit to the people of the State the sum of fifty dollars for each
such failure, to be recovered by the factory inspector in his name
of office in a civil action ; but an action shall not be maintained
therefor, unless the factory inspector shall have given to the em-
ployer at least ten days' written notice, that such an action will
be brought if the wages due are not sooner paid as provided in

this article.
Defense. On the trial of such action, such corporation or association shall

not be allowed to set up any defense, other than a valid assign-
ment of such wages, a valid set-off against the same, or the ab-
sence of such employee from his regular place of labor at the time
of payment, or an actual tender to such employee at the time of
the payment of the wages so earned by him, or a breach of con-

tract by such employee or a denial of the employment.
Assignments SEC. 12. No assignment of future wages, payable weekly, or
of future monthly in case of a steam surface railroad corporation, shall be
wages.

valid if made to the corporation or association from which such
wages are to become due, or to any person on its behalf, or if
made or procured to be made to any person for the purpose of
relieving such corporation or association from the obligation to
pay weekly, or monthly in case of a steam surface railroad cor-
poration. Charges for groceries, provisions or clothing shall not
be a valid off-set for wages in behalf of any such corporation or
association,

No such corporation or association shall require any agreement
from any employee to accept wages at other periods than as pro-
vided in this article as a condition of employment.

Employment of aliens on public works.

1

(Page 2091.1

('itizens to be SECTION 13 (as amended by chapter 454, Acts of 1902). In the employed

construction of public works by the State or a municipality, or
by persons contracting with the State or such municipality, only

citizens of the United States shall be employed; and in all cases Residents where laborers are employed on any such public works, preference preferred. shall be given citizens of the State of New York. In each con

tract for the construction of public works a provision shall be
inserted, to the effect that if the provisions of this section are not
complied with, the contract shall be void.

all boards,
officers, agents or employees of cities of the first class of the State,
having the power to enter into contracts which provide for the
expenditure of public money on public works shall file in the office
of the commissioner of labor the names and addresses of all con-

tractors holding contracts with said cities of the State. Upon Names of con- the letting of new contracts the names and addresses of such new tractors to be contractors shall likewise be filed. l'pon the demand of the comfiled.

missioner of labor a contractor shall furnish a list of the names

and addresses of all subcontractors in his employ. Each conLists of em-tractor performing work for any city of the first class, shall keep ployees.

a list of his employees, in which it shall be set forth whether they
are naturalized or native born citizens of the United States,
together with, in case of naturalization, the date of naturaliza-
tion and the name of the court where such naturalization was
granted. Such lists and records shall be open to the inspection

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The preference clause of this section, so far as it concerns persons employed by municipal contractors, is unconstitutional. 13 Misc. 618.

Seats for female employees.

(Page 2092.)

Seats to be

SECTION 17. Every person employing females in a factory or as waitresses in a hotel or restaurant shall provide and maintain provided. suitable seats for the use of such female employees, and permit the use thereof by such employees to such an extent as may be reasonable for the preservation of their health,

Protection of employees on buildings.

(Page 2092.)

SECTION 18. A person employing or directing another to per- Scaffolds on form labor of any kind in the erection, repairing, altering or buildings. painting of a house, building or structure shall not furnish or erect, or cause to be furnished or erected for the performance of such labor, scaffolding, hoists, stays, ladders or other mechanical contrivances which are unsafe, unsuitable or improper, and which are not so constructed, placed and operated as to give proper protection to the life and limb of a person so employed or engaged.

Scaffolding or staging swung or suspended from an overhead support, more than twenty feet from the ground or floor, shall have a safety rail of wood, properly bolted, secured and braced, rising at least thirty-four inches above the floor or main portions of such scaffolding or staging and extending along the entire length of the outside and the ends thereof, and properly attached thereto, and such scaffolding or staging shall be so fastened as to prevent the same from swaying from the building or structure.

The effect of this statute is to make the scaffold a place furnished by the master upon which the servant is to work, and it must not be per mitted to be or become unsafe or unsuitable. 34 App. Div. 515.

A scaffold is not a place but an appliance. 26 N. E. Rep. 1017. The employer can not relieve himself of responsibility by delegating the construction of a scaffold to another. 50 App. Div. 518.

Sec. 19. Whenever complaint is made to the factory inspector Slings, hang that the scaffolding or the slings, hangers, blocks, pulleys, stays, ers, etc. braces, ladders, irons, or ropes of any swinging or stationary scaffolding used in the construction, alteration, repairing, painting, cleaning or pointing of buildings within the limits of a city are unsafe or liable to prove dangerous to the life or limb of any person, such factory inspector shall immediately cause an inspection Inspection. to be made of such scaffolding, or the slings, hangers, blocks, pulleys, stays, braces, ladders, irons or other parts connected there. with. If, after examination, such scaffolding or any of such parts is found to be dangerous to life or limb, the factory inspector shall prohibit the use thereof, and require the same to be altered and reconstructed so as to avoid such danger. The factory inspector or deputy factory inspector making the examination shall attach a certificate to the scaffolding, or the slings, hangers, irons, ropes, or other parts thereof, examined by him, stating that he has made such examination, and that he has found it safe or unsafe, as the case may be. If he declares it unsafe, he shall at once, in writing, notify the person responsible for its erection of Notice. the fact, and warn him against the use thereof. Such notice may be served personally upon the person responsible for its erection, or by conspicuously affixing it to the scaffolding, or the part thereof declared to be unsafe. After such notice has been so

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