DELAWARE

REVISED CODE-1914

Factory, etc., regulations-Sanitation of public laundries

746A, SECTION 11A (added 1915, ch. 59). Sleeping rooms.-[No person may sleep in any public laundry or washhouse, or room adjoining or opening thereon.]

Labor commission

[Sections 987-992, inclusive, were repealed by chapter 66, Acts of 1915, and the following sections inserted in lieu thereof:]

987, SECTION 1. Commission created.—A commission is hereby created and established with the powers and duties hereinafter provided, which shall be known as the "Labor Commission of Delaware." The said commission shall consist of five members, one of whom shall be appointed from among the bona fide residents of New Castle County, one from among the bona fide residents of Kent County, and one from among the bona fide residents of Sussex County; the remaining two shall be appointed at large from among the bona fide residents of the State of Delaware. On or before the first day of April, A. D. 1915, the governor shall appoint the members of the said Labor Commission of Delaware provided herein, as follows:

One member for a term of one year, one member for a term of two years, one member for a term of three years, one member for a term of four years, and one member for a term of five years.

The term of office, after the first appointments made hereunder, shall be for five years, and annually, or before the first day of April, the governor shall appoint a suitable person to fill the vacancy caused by the expiration of the term of office.

In case of vacancy caused by death, resignation, refusal to serve, or otherwise, the governor shall make appointments to fill such vacancy or vacancies for the balance of the unexpired term.

988, SEC. 2. Service without salary.-The members of the commission shall receive no salary for their services. They shall annually elect one of their number as chairman of the said commission and may appoint a person not a member of the commission as secretary who may receive a salary not exceeding one hundred dollars per annum.

989, SEC. 3. Powers.-The commission shall have power and authority by a majority vote of the whole commission to make all appointments of officials or employees which may be made under any law relating to the condition, regulation or inspection of labor of minor children, or the condition, regulation or inspection of labor of females in the State of Delaware. The officers or employees so appointed shall make quarterly reports to the commission. When in the opinion of the majority of the whole commission, any official or employee appointed or engaged by the commission shall not perform his or her duty in a satisfactory and efficient manner, the commission shall have the power to remove the said official, or employee and to appoint a new official or employee in his or her stead: Provided, however, That no official shall be removed from office until such official shall have had a fair and impartial public hearing, and shall have been furnished with a copy of the charges and specifications of complaints upon which the action of the commission shall have been based, if such charges and specifications be requested.

990, SEC. 4. Annual report.-The commission shall furnish annually to the governor during the first week in January a full account of their expenditures, disbursements, and action. Such report shall at all times be open to the inspection of the citizens of the State in the office of the secretary of state. 991, SEC. 5 (as amended 1923, ch. 61). Appropriation.-To defray the expenses of the said commission and its officers and employees the sum of thirtysix hundred dollars is hereby appropriated annually out of the money in the State treasury not otherwise appropriated, and the State treasurer is authorized from time to time to pay said expenses out of the said appropriation upon the requisitions of the chairman of said commission.

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992, SEc. 6. Printing; appointment of inspectors.-The Labor Commission of Delaware shall formulate and have printed certificates and papers required in the issuing of employment certificates and the abstracts of the law relating to the hours of child labor and the conditions and hours of females in this State. The said commission shall have the power to appoint and fill vacancies in the office of the State child labor inspector, as provided by section 91 [3191] of chapter 90, of said Revised Code of the State of Delaware, and to appoint and fill vacancies in the office of the inspector [of woman labor] as provided by section 39 [3139] of the said chapter 90 of the Revised Code of the State of Delaware.

Protection of employees as voters

1789, SECTION 69. Coercion, etc., by employers.-If any person, or corporation existing or doing business in this State shall hinder, control, coerce, or intimidate, or shall attempt to hinder, control, or coerce, or intimidate any qualified elector of this State from or in the exercise of his right to vote at any general, special, or municipal election held under the laws of this State, by means of bribery or by threats of depriving such elector of employment or occupation, absolutely or contingently, directly or indirectly, every elector so aggrieved may, in an action of debt brought for that purpose, sue for and recover from the person or corporation so offending as aforesaid the sum of five hundred dollars.

In all trials under the provisions of this section the act or acts of any officer of a corporation, so far as they affect or concern any employee or servant of such corporation, shall be taken and held to be the act or acts of the corporation, whether general or special authority as to such act or acts from the corporation to such officer be shown or not. Nothing herein contained shall be construed to relieve any officer of a corporation from individual liability under the provisions of this section.

Wages as preferred claims-In insolvency

1971, SECTION 57. Rank; amount.-[Employees of insolvent corporations have a lien on their assets for two months' wages, to be paid prior to any other debt or debts; officers are not included as employees.]

Employment of labor on public works-City of Wilmington

2159, SECTION 44. Legal day for municipal employees.-Eight hours shall constitute a legal day's work for all classes of employees employed by the municipal corporation of the city of Wilmington.

2160, SEC. 45. Contracts.—[Contracts must stipulate that the eight-hour day will be observed, except in cases of extraordinary emergency.]

2161, SEC. 46. Rate.-[Wages must not be less than the prevailing rates in the same trade or occupation in the locality.]

2162, SEC. 47. Violations.[Officers violating or permitting violations shall be suspended or removed.]

Employment of children in certain occupations forbidden

2223, SECTION 32. Acrobatic, mendicant, etc., employments.-Any person having the care, custody, or control of any minor child under the age of fifteen years who shall in any manner sell, apprentice, give away, or otherwise dispose of such minor, or any person who shall take, receive, or employ such child for the vocation or occupation of rope or wire walking or dancing or as an acrobat or gymnast, or any person who, having the care, custody, or control of any minor child whatsoever, shall sell, apprentice, give away, or otherwise dispose of such minor, or who shall take, receive, or employ such minor, for begging or any obscene, indecent, or illegal exhibition or vocation or any vocation injurious to the health or dangerous to the life or limb of such child engaged therein, or for the purpose of prostitution, or any person who shall retain, harbor, or employ any minor child in or about any assignation house or brothel, shall be deemed guilty of a misdemeanor and upon conviction thereof before any justice of the peace or court of record shall be fined not less than twenty dollars nor more than one hundred dollars for each and every offense.

Employment of women-Hours of labor

3135, SECTION 35 (as amended 1917, ch. 230). Hours per day and week; night work.-No female shall be employed or permitted to work in any mercantile, mechanical, or manufacturing establishment, laundry, baking or printing estab lishment, telephone and telegraph office or exchange more than ten hours in any one day or more than fifty-five hours in any one week. If any part of a female's daily employment is performed between the hours of eleven o'clock post meridian and seven o'clock ante meridian of the following day, no such female shall be employed or permitted to work thereat more than eight hours in any twenty-four hours. No female shall be employed or permitted to work in any mechanical or manufacturing establishment, laundry, baking or printing establishment, office, or dressmaking establishment between the hours of ten o'clock post meridian and six o'clock ante meridian of the following day. The provisions of sections thirty-five to forty-three, inclusive, of this chapter shall not apply to females employed in the canning or preserving or preparation for canning or preserving of perishable fruits and vegetables.

3136, SEC. 36. Women employed by several employers.--Where a female is employed in the same day or week by more than one concern or employer in any establishment or occupation named in section 35 of this chapter, the total time of employment must not exceed that allowed per day or week in a single establishment or occupation. It shall be the duty of the employer to make diligent inquiry as to such previous or other employment of such female employee elsewhere, and as to the hours of such employment. Any person who shall require or permit a female to work in excess of the total time of employment permitted by this chapter, shall be liable for a violation thereof, and the employment of such female employee in excess of the total time of employment permitted by law shall be presumed, in absence of evidence to the contrary, to be with knowledge of such violation.

3137, SEC. 37 (as amended 1917, ch. 230). Rest period.-No female shall be employed or permitted to work for more than six hours continuously at one time in any establishment or occupation named in section 35 of this chapter, without an interval of at least three-quarters of an hour; except that such female may be so employed for not more than six and one-half hours continuously at one time if such employment ends not later than half past one o'clock in the afternoon, and if she is then dismissed for the remainder of the day.

3138, SEC. 38. Hours to be posted. Every employer shall post and keep posted in a conspicuous place in every room in any establishment or occupation named in section thirty-five of this chapter, in which any females are employed, a printed notice stating the number of hours such females are required or permitted to work on each day of the week, the hours of beginning and stopping such work, and the hours of beginning and ending the recess allowed for meals. The printed form of such notice shall be furnished by the said inspector. The employment of such female for a longer time in any day than that stated in the printed notice shall be deemed a violation of the provisions of sections 35 to 43, inclusive, of this chapter. The presence of any such female on the premises at any other hours than those stated in the printed notice shall constitute prima facie evidence of a violation of said sections. Where the nature of the business makes it impracticable to fix the recess allowed for meals at the same time for all females employed, the inspector authorized to enforce said sections may issue a permit dispensing with the posting of the hours when the recess allowed for meals begins and ends, and requiring only the posting of the total number of hours which females are required or permitted to work on each day of the week and the hours of beginning and stopping such work. Such permit shall be kept by such employer upon such premises and exhibited to all inspectors authorized to enforce said sections.

3139, SEC. 39 (as amended 1923, ch. 201).-Inspector; appointment; term of office; salary.-The chancellor is authorized and directed, on or before the first day of May, A. D. nineteen hundred and thirteen, and biennially thereafter, to appoint one inspector to carry out the purposes of sections 35 to 43, inclusive, of this chapter, at a salary of one thousand dollars per annum, to be paid in quarterly installments of two hundred and fifty dollars each by the State treasurer, out of any State funds in his hands not otherwise appropriated. The term of office of said inspector shall be two years from the date of such appointment.

3140, SEC. 40. Right of access.-The inspector authorized by section 39 of this chapter, may in the discharge of the inspector's duties enter any place, building or room where any labor is being performed by females which is affected by the provisions of sections 35 to 43, inclusive, of this chapter, whenever such inspector may have reasonable cause to believe that any such labor is being performed therein.

3141, SEC. 41. Duties.-The said inspector shall visit and inspect the establishments and places of employment named in section 35 as often as practicable, during reasonable hours, and shall cause the provisions of sections 35 to 43, inclusive, of this chapter, to be enforced therein, and shall report any cases of illegal employment, contrary to the provisions of said sections, to the attorney general; the said inspector shall report in writing, at least once every year to the State board of health. The said report shall show-1. The number of establishments in the State where females are employed. 2. The number of females employed. 3. The number of inspection visits made. 4. The number of violations. 5. The number and dispositions of prosecutions under said sections, and in addition thereto, any matters in the knowledge of the said inspector pertinent to the purpose and enforcement of said sections.

The State board of health shall incorporate such report or reports in its regular biennial printed report.

3142, SEC. 42. Violations.-[Penalty for first offense, fine of from $20 to $50; second, from $50 to $200; third, not less than $250.]

3143, SEC. 43. Validity.-The invalidity of any portion of sections 35 to 43, inclusive, of this chapter, shall in no way effect the validity of any other portion thereof, which can be given effect without such invalid part.

Employment of children-General provisions

[Sections 3144, sec. 33, to 3192, sec. 92, were repealed by ch. 232, Acts of 1917, and sections 3144, sec. 44, to 3173, sec. 73, enacted in lieu thereof.]

3144, SECTION 44. Age limit.-[Forbids the employment of any child under 44 years of age where work is done for compensation, except farm labor and private domestic service.]

3145, SEC. 45 (as amended 1923, ch. 202). Dangerous employments.-No child under sixteen years of age shall be employed, permitted or suffered to work in operating or assisting in operating steam boilers or blast furnaces or any of the following machines, which, for the purposes of this act, are considered dangerous: Circular saws, wood shapers, wood jointers, paper-lace machines, job or cylinder printing presses operated by power or other than foot power, stamping machines used in sheetmetal and tinware or in paper and leather manufacturing, or in washer and nut factories; metal or paper cutting machines; corrugating rolls, such as are used in making corrugated paper, or in roofing or washboard factories; dough-brakes or cracker machinery of any description, wire or iron straightening or drawing machinery, rolling-mill machinery, power punches or shears, washing or grinding or mixing machinery, calendar rolls in paper and rubber manufacturing, or other heavy rolls driven by power, passenger elevators or lifts, or upon or in connection with any dangerous electrical machinery or appliances. Nor shall any child under sixteen years of age be employed, permitted or suffered to work, in any capacity, in adjusting, or assisting in adjusting, any belt to any machinery, or in proximity to any hazardous or unguarded belts, machinery or gearing, or in oiling, wiping, or cleaning machinery, while any of the same is in motion, nor on scaffolding, nor in heavy work in the building trades, nor about docks or wharves, nor in stripping or assorting tobacco, nor in, about or in connection with any processes in which dangerous or poisonous acids are used, nor in the manufacture or packing of paints, colors, white or red lead, nor in the manufacture or preparation of compositions with dangerous or poisonous gases, nor in the manufacture or use of dangerous or poisonous dyes, nor upon any railroad, steam, electric or otherwise; nor upon any vessel or boat engaged in the transportation of passengers or merchandise, nor in operating motor vehicles of any description, nor in any tunnel or excavation, nor in, about or in connection with any mine, quarry, coal breaker or coke oven, nor in or about any distillery, brewery, or any establishment where alcoholic liquors are manufactured or bottled.

3146, SEC. 46. Certificates.-[Certificates required to 16 years of age.] 3147, SEC. 47. Theatrical performances.-[Requires permits for children under 16 years of age in theatrical performances.]

3148, SEC. 48. Employment under 18.-No person under eighteen years of age shall be employed, permitted, or suffered to work in the outside erection or repair of electric wires; in the running or management of hoisting machines or of dynamos; in the operation or use of any polishing or buffing wheel; at switch tending; at gate tending; at track repairing; as a brakeman, fireman, engineer, motorman or conductor upon any railroad or railway; as a railroad telegraph operator; as a pilot, fireman, or engineer of any boat or vessel engaged in the transportation of passengers; nor in or about any establishment where gunpowder, nitroglycerin, dynamite, or other high or dangerous explosives are manufactured or compounded.

3150, SEC. 50. Messengers.—[Forbids messenger or delivery service by minors Letween 10 p. m. and 6 a. m. in cities of more than 20,000 inhabitants.]

3151, SEC. 51, 3158, SEC. 58. Issue of certificates.—[Certificates issue on evidence of age, schooling through fifth grade, medical certificate, and employer's statement of intention to employ. The school authorities are the issuing agencies. Provisional certificates for vacation employment are provided for.]

3159, SEC. 59 (as amended 1923, ch. 203). Work time.-[Forbids the employment of children with certificates more than 6 days or 48 hours per week, or more than 8 hours per day, nor without 30 minutes' rest between 11.30 a. m. and 2 p. m., after not more than 5 hours' work; no work between 7 p. m. and 6 a. m.]

3160, SEC. 60. Names to State inspector.-[Issuing officers must send names of children holding certificates to State child labor inspector.]

3160-a, SEC. 60-a (added 1923, ch. 204). Street trades.-[Applies to street trades in cities of over 20,000 inhabitants; girls under 12 years of age and boys under 14 may not engage; includes delivery of newspapers. Badges required to 16 years of age. No employment under 16 after 7 p. m. or before 6 a. m., nor during school hours.]

3161, SEC. 61. Labor necessary.—[A child whose labor is required for its own or its family's support may receive a certificate, if recommended by the inspector after investigation, though unable to meet the requirements of the law.] 3162, SEC. 62 (as amended 1923, ch. 205). State child labor inspector.[Labor commission appoints for term of 4 years; must have no other gainful occupation; salary $2,100.]

3163, SEC. 63. Duties.-[Inspector must visit establishments and enforce the law.]

3164, SEC. 64. Evidence.-[Failure to produce certificate or refusal of child to give inspector his name, age, and place of residence is prima facie evidence of illegal employment.]

3165, SEC. 65. Children without certificates.-[Inspector may demand evidence of age of child apparently under age, who has no certificate, which evidence must be furnished in 10 days, or child cease work.]

3168, SEC. 68. Repeated offenses.-[Provides increasing penalties for repeated violations.]

3171, SEC. 71. Canneries.—[Children over 12 years of age may be employed in canning or preserving perishable fruits and vegetables.]

Wages as preferred claims-In administration

3372, SECTION 39. Rank.-[Makes wages of farm and domestic servants or laborers for not more than a year rank next after funeral expenses and expenses of last sickness.]

Payment of wages due deceased employees

3380, SECTION 47. To whom wages may be paid.-It shall be lawful f employer in this State, at any time not less than fifteen days after i any person in his or its employ, to pay all wages due to such d to the wife, children, father, or mother, sister, or brother ( given in the order named) of the deceased employee, without of administration to be issued upon the estate of said deceased such wages due do not exceed seventy-five dollars in amount ever, That if such deceased employee shall not leave a wife, mother, sister, or brother surviving him, then it shall be lawi ployer to pay the wages due such deceased employee to the c lows: Undertaker, physician, boarding-house keeper, and nurs