BULLETIN OF THE U. S. BUREAU OF LABOR STATISTICS NO. 370 WASHINGTON APRIL, 1925 LABOR LAWS OF THE UNITED STATES, WITH DECISIONS OF COURTS RELATING THERETO INTRODUCTION Labor laws enacted in the United States have been published from time to time in the form of special reports and in the bulletins of this Bureau. The first undertaking in the way of a compilation of ail the laws comprised the Second Special Report of the Commissioner of Labor, which appeared in 1892. It included legislation in force at the close of the year 1890. Digests were made of mechanics' lien and apprenticeship laws, and a list of legal holidays was given. A somewhat more inclusive construction was given to the term "Labor Laws" than that now followed by the Bureau, but a volume of 507 pages of law text, i. e., omitting summaries, index, etc., embodied the total labor legislation of that date. A revision of that report, including legislation up to the beginning of the year 1896, was the next compilation. In that volume mechanics' lien laws were reproduced at length, and such extension, together with new legislation, brought the number of pages of law text up to 1,178. The third compilation appeared in 1904 and included the laws in force at the beginning of that year. A number of changes were introduced at that time, notably the incorporation of side notes as a guide to the material reproduced and the placing of annotations. from court decisions in connection with the laws to which they relate instead of in an appendix, as was done in the edition of 1896. The classification of labor laws was made somewhat stricter, and digests were made of convict labor laws and mechanics' lien laws. This resulted in holding the law text to 1,296 pages despite the narrowing of the text page by the use of the side notes. The growth of labor legislation in the following years led to a further economizing of space in the next revision, which included the legislation of 1907, by digesting the laws on added subjects. However, the volume grew to 1,419 pages of law text, besides 105 pages of digests and an index of 22 pages. The next revision took place in 1913, embodying the legislation of that year. Though added laws were summarized or digested, the compilation was of such magnitude as to require two volumes aggre 105446-25-1 1 gating 2,473 pages, while legislation subsequent to the year 1913 has added largely to the present bulletin. The activity of the various State legislatures in the field of workmen's compensation, and the great length of the laws on this subject, has led to a continued separate presentation of this subject. However, the increasing bulk of the laws remaining to be considered has led to further condensation, two methods being used. One of these is that form of summarization already referred to, by which certain classes of laws were presented in a condensed form, or by representative statutes with citations to other legislation, such material being placed in a body as Part I of the compilation; while in the second part, made up of the text of the labor laws, an abridgment of several classes of laws has been practiced, notably mine regulations and laws regulating the employment of children. In both cases legislation is detailed and extensive, and is also very largely standardized, or at least similar in form and content. A representative law in each case is given in full, the laws of the other States being abridged, only the principal substantive provisions being noted. It was also thought desirable, to the end that the work may be reduced to a single volume, to discontinue the side headings, and place at the beginning of each section such analytical headings as seemed essential. The current revision, which is the sixth in order and the fourth by the present editor in direct charge of the work, therefore marks something of a departure from the compilations previously published. The legislation of 1824 is included, transitory laws and a few which appear obsolete or repetitious, even though appearing in the codes or compilations, being omitted. The following table shows, for each jurisdiction, the date of the code, revision or compilation of laws used, and the date of the latest session laws examined: DATE OF CODE, REVISION, OR COMPILATION OF LAWS USED AND OF LATEST SESSION LAWS EXAMINED DATE OF CODE, REVISION, OR COMPILATION OF LAWS USED AND OF LATEST SESSION LAWS EXAMINED-Continued PART I.-DIGESTS AND SUMMARIES OF CERTAIN APPRENTICES Laws regulating industrial apprenticeship are clearly labor laws. However, the industrial importance of apprenticeship has so far diminished with the prevalence of machine industry that several States have no laws on the subject. Alaska, Arizona, Idaho, Nebraska, and Wyoming seem never to have had any laws of this type. The laws of the other States named have been either repealed specifically or omitted in later codifications of their laws. Maine repealed its industrial law in 1915 (ch. 45), but retains some statutes that contemplate a kind of eleemosynary or corrective apprenticeship. A smaller number of States have laws exclusively of this latter form; while as a rule the States having laws of an industrial Alaska, Arizona, Idaho, Massachusetts, Missouri, Nebraska, North Carolina, Ohio, Oregon, South Dakota, and Wyoming. Hawaii, Kentucky, Maine, Minnesota, Missisippi, Oklahoma, Tennessee, Texas, and Washington. aspect also make specific provision for pauper and delinquent children. The present account is confined to such legislation as is directed to the apprenticeship of young persons for purposes of learning trades, except as it is inextricably mingled with provisions affecting orphans or the poor. The laws are mostly of a form comparatively old, some retaining their principal features unchanged since before the middle of the last century. A conspicuous exception is the law of Wisconsin, which was revised in 1915 (ch. 133), so as to establish a system of apprenticeship under State supervision. This statute is reproduced as purely industrial, and of a distinctive type. The law of the District of Columbia is a fairly recent enactment, embodying the fundamental principles of an apprenticeship law freed from ideas of the care of paupers or delinquents. It is also reproduced as a type of industrial legislation, embodying the more usual provisions as to terms and conditions found in the older laws. DISTRICT OF COLUMBIA-CODE OF 1911 SECTON 402. By whom bound.-A ininor child may be bound as an apprentice by his guardian; or, if none, by his father; or, if neither father nor guardian, by his mother, with the consent, entered of record, of the probate court, or without such consent if the minor, being 14 years of age, agree in writing to be so bound; or by the probate court as hereinafter provided. SEC. 403. Term. The utmost term of any apprenticeship shall be until the apprentice attains the age of 21 if a boy, or 18 years if a girl. SEC. 404. Contract.-The writing by which such minor is bound as apprentice shall specify his age and what art, trade, or business he is to be taught. The master shall be bound to teach the same, and also to teach him reading, writing, and common arithmetic, and to supply him with suitable clothing and maintenance, and pay such amount, if any, as may be agreed upon for his services and expressed in the contract. The writing by which any minor is bound shall be filed in the office of the register of wills, and until it be so filed the master shall not be entitled to the services of said apprentice. SEC. 405. Complaints.-The probate court, during the term of any apprenticeship, may hear complaint of the apprentice, indentured child, or anyone in his behalf, against the master or person to whom indentured, for undeserved or excessive correction, want of instruction, insufficient allowance of food, clothing, or lodging, or nonpayment of what was agreed to be paid; or the complaint of the master or person to whom indentured against the apprentice or indentured child for desertion or other misconduct; and, after reasonable notice of the complaint to the party against whom it is made, may determine the matter in a summary way and discharge either party from the contract of apprenticeship, or make such order as the case may require. SEC. 406. Removal of apprentice.--No master of an apprentice shall send or carry his apprentice out of the District, except in the case of mariners; and the said probate court, on being credibly informed that any master designs so to remove his apprentice, may require him to give bond conditioned against such removal, and on his refusal so to do may discharge the apprentice. SEC. 407. Assignments.-The contract of apprenticeship, with the approbation of said court, may be assigned by the master, or, after his death, by his personal representatives, on such terms as the court may prescribe. SEC. 408. Concealment.-If any person shall conceal, harbor, or facilitate the running away of an apprentice, he shall be liable to an action therefor by the master, either in the said supreme court or before any justice of the peace, according to the amount of damages claimed. SEC. 409. Form of contract.-The form of the contract of apprenticeship shall be the following, or to the same effect: and that This indenture witnesseth, that it is mutually agreed between a minor, aged years shall be taken and held as an apprentice for the term of years, by the said ; and the said contracts and covenants with the said faithfully and carefully instruct the said in all the handicraft of a to (And the said further contracts and covenants that the said minor shall be allowed, as compensation for his services, at the rate of Witness our hands and seals this ) day of [SEAL.] [SEAL.] Acknowledged before me, a notary public (or justice of the peace), this day of A. B., Notary Public. SEC. 410. To whom money to be paid.-The money which the master is to pay shall be paid to the father or other party contracting with the master, or to the minor, in whole or in part, as said probate court may direct. SEC. 411. Jurisdiction of probate court.-[This relates to orphans, abandoned children, etc.] WISCONSIN STATUTES SECTION 106.01. The term "apprentice" shall mean any minor, 16 years of age or over, who shall enter into any contract of service, express or implied, whereby he is to receive from or through his employer, in consideration for his services in whole or in part, instruction in any trade, craft, or business. 2. Every contract or agreement entered into by an apprentice with his employer shall be known as an indenture; such indenture shall be in writing and shall be executed in triplicate, one copy of which shall be delivered to the apprentice, one to be retained by the employer, and one to be filed with the Industrial Commission of Wisconsin at Madison. 3. Any minor 16 years of age or over may, by the execution of an indenture, bind himself as hereinafter provided for a term of service not less than one year. 4. Every indenture shall be signed: (1) By the minor. (2) By the father; and if the father be dead or legally incapable of giving consent or has abandoned his family, then (3) By the mother; and if both the father and mother be dead or legally incapable of giving consent, then (4) By the guardian of the minor, if any. (5) If there be no parent or guardian with authority to sign, then by two justices of the peace of the county of the residence of the minor, or by a member of the Industrial Commission of Wisconsin or a deputy thereof. (6) By the employer. 5. Every indenture shall contain: (1) The names of the parties. (2) The date of the birth of the minor. (3) A statement of the trade, craft, or business which the minor is to (5) An agreement as to the processes, methods, or plans to be taught, (6) A statement of the compensation to be paid the apprentice. (7) An agreement that a certificate shall be given the apprentice at the conclusion of his indenture, stating the terms of his indenture. 6. The employer shall pay for the time the apprentice is receiving instruction at the same rate per hour as for services. Attendance at school shall be certified by the teacher in charge and failure to attend school shall subject the apprentice to a penalty of loss of compensation for three hours for every hour such apprentice shall be absent without good cause. |