SEC. 2. Administration.-This work shall be done in the office and in connection with the bureau of labor, and the commissioner of labor shall appoint such clerks or assistants as he may deem necessary for the proper conduct thereof, and shall fix their compensation, subject to the approval of the gov ernor and council. SEC. 3. Duties, etc.-It shall be the duty of the commissioner of labor to receive without charge and keep on file, by means of suitable books or other record, a correct list of all applications for employment made by any person who shall file an application for work. It shall also be the duty of said commissioner of labor to keep on file, in the same manner, a correct list of all applications filed by any person, partnership or corporation, seeking to hire help for any legitimate purpose, and it shall be the duty of said commissioner of labor and his assistants to aid persons so applying for employment and to assist employers so applying to obtain help. SEC. 4. Scope of act.-This act shall apply to female as well as male applicants, and to any and all kinds and descriptions of legitimate employment or service. SEC. 5. No fees to be charged.-No fees, direct or indirect, shall in any case be taken from those seeking the benefits of said employment office. SEC. 6. Citizens preferred.-In registering applications for employment and for employees wanted, preference shall be given to residents of the State. SEC. 7. Duty of city and town clerks.-It shall be the duty of city clerks of cities and town clerks of towns to cooperate with said employment office as requested by the commissioner of labor in the matter of receiving and forwarding applications from those desiring employees and those desiring employment. Such city or town clerks may in the discretion of the commissioner of labor be furnished with application blanks for this purpose. Such city or town clerks shall receive no compensation from the State for such service but they may by proper order or direction from the authorities of their towns or cities receive compensation therefor, or the same may be regarded as a part of their duties as such town or city clerks according to the direction of each town or city. SEC. 8. Reports.-The commissioner of labor shall cause reports showing the business of the office to be prepared at regular intervals, and shall supply them to the newspapers and to citizens upon request. ACTS OF 1921 CHAPTER 85.-Employment of children-General provisions [This act is a school code, but embodies the regulations for the employment of children in industry.] PART I SECTION 8. Enforcement.-[The State board of education, through the commissioner, shall enforce the laws as to school attendance and the employment of minors.] PART II SECTIONS 17, 18. Truant officers.-[Truant officers, appointed by district school boards, shall, when directed by the board, have authority to take without warrant children found employed contrary to the school attendance and child labor laws.] PART III SECTIONS 6, 7. IMiterates.-[Children 16 to 21 years of age unable to read and speak English understandingly must attend an evening or special day school until the minimum course prescribed by the State board of education is completed. This does not apply if there is no such school in the district, if the child is excused by the commissioner of education, nor to persons over 16 employed in cutting, harvesting or driving pulp wood or timber or to those temporarily employed in construction or agricultural work.] SEC. 16. Age limit.-[Employment under 14 is forbidden in any mill, factory, workshop, quarry, mercantile establishments, business office, telegraph or telephone office, hotel, restaurant, bakery, apartment house, tenement house factory, as bootblack, or in messenger or delivery service.] SEC. 17. Employment during school time.-[Employment in the above occupa tions is forbidden to illiterates under 16 during the time in which the public schools are in session, unless a permit based on mental incapacity is obtained.] SEC. 18. Inspections.-[On request of the commissioner of education, the State board of health must inspect places of employment of children, and may require the discharge of those physically unfit, or where health is endangered by reason of unsanitary conditions.] SEC. 19. Street trades.-[Boys under 10 and girls under 16 may not engage in street trades.] SEC. 20. Messengers, etc.-[No person under 18 may be employed in messenger or delivery service between 10 p. m. and 5 a. m.] SEC. 21. Hours.-[Boys under 16 and girls under 18 may not be employed in gainful occupations, other than farm or domestic service, more than 54 hours per week or 10 per day, or between 7 p. m. and 6.30 a. m., except in retail stores and telephone offices, where they may work to 10 p. m. Boys over 14 may deliver newspapers after 5 a. m., and those over 12 from 4 to 8 p. m.] SECS. 22-30. Certificates.-[Children under 16 must have certificates before employment in any place named in this act, issued by the school authorities, on a showing of age, school attendance, and a medical certificate of health and physical development. The applicant must appear personally. Certificates are kept on file by the employer, and surrendered to an inspector on termination of the employment. A record of certificates issued must be kept.] SECS. 31-34. Enforcement.-[District truant officers and inspectors appointed by the State board of education may inspect all factories and places where children are employed, and require evidence of the age of children employed therein, and require discharge of any children employed apparently under 16 without satisfactory evidence of age.] SECS. 35-39. Violations.-[Employers and parents or guardians violating the law are punishable by fine of $5 to $200, or imprisonment 10 to 30 days, or both. Continuing violations are penalized by fines of $5 to $20 for each day. School authorities may also be fined $5 to $25 for failure to comply with the law as to issue of certificates.] SEC. 40. Illiterates.-[Employers of illiterates 16 to 21 years of age must keep a file of certificates, showing their school enrollment or their excuse from attendance.] SECS. 41, 42. Certificates.-[Certificates are a protection to the employer from the date of issue to the end of the current school year, unless revoked. They may be revoked for cause, and reports of certificates must be made to the commissioner of education.] SECS. 43, 44. Prosecutions.-[School boards must under penalty, prosecute offenses under this act, proceedings to be begun within one year.] NEW JERSEY COMPILED STATUTES-1910 Arbitration of labor disputes (Page 107) SECTION 8. Notice by employees.-If a majority of the employees in any manufacturing establishment, or in any particular department thereof, shall give notice to their employer or employers, in writing, signed by themselves, that they are dissatisfied with the terms or conditions on which they are employed, or with the wages they are receiving, or with any proposed reduction of their wages or proposed alteration of the terms or conditions on which they are employed, and that they propose to submit the matters complained of to arbitration, and shall name an arbitrator to represent them; and if such employer or employers can not adjust such differences, it shall be the duty of such employer or employers, if they choose to accept this method of compromise, to nominate and appoint, in writing, an arbitrator to represent him or them, and to give notice to said employees of such appointment. SEC. 9. Meetings.-The two arbitrators, so as aforesaid appointed, shall forthwith meet and proceed to select a third arbitrator; and the said three arbitrators shall without unnecessary delay notify the employees and the employer or employers of the time and place when and where they will meet to hear arguments on the matters in dispute, which meetings shall be held under such conditions, rules, and regulations as the said arbitrators may mutually agree upon; the questions at issue shall be submitted to the arbitrators in writing, and their decision shall be confined to the questions so submitted; either of such arbitrators may administer an oath or affirmation to any person testifying before them, and any person so sworn who shall testify falsely shall be deemed guilty of perjury; either of the parties to such arbitration may be represented before the arbitrators by counsel, if they so desire, and the arguments may be oral or in writing; as the parties themselves may respectively prefer. SEC. 10. Findings.-The finding of the said arbitrators shall be reduced to writing, and a copy thereof served upon each of the parties to the dispute, or upon their respective representatives, and shall be deemed to be binding upon both parties submitting the matters in dispute to arbitration, and shall take effect from the date of the finding, unless some other time is fixed in the finding for the taking effect thereof. SEC. 11. Costs.-The costs of arbitration shall be fixed and paid as the parties may previously or mutually agree, and if not so agreed upon, they shall be fixed and paid as the arbitrators themselves may decide. Wages as preferred claims-In assignments (Page 118) SECTION 10. Amount.-[Wages of clerks, mechanics, and laborers earned or due at the time of the employer's assignment are preferred up to $300 each.] Exemption of wages from attachment SECTION 1. Nonresidents.-[Wages of a nonresident employee can not be attached in this State on the suit of a nonresident creditor when the law of the State of residence gives an exemption.] Public service-Discharge of employees (Page 984) SECTION 1434. Removal, etc., restricted.—No employee of a municipal board of street and water commissioners, constituted under the provisions of the act to which this is a supplement, who shall have been in such employ continuously for a space of five years, shall be removed, discharged, or reduced in pay or position except for inefficiency, incapacity, conduct unbecoming a public employee, or other just cause, and until he shall have been furnished with a written statement of the reasons for such removal, discharge, or reduction, and shall have been given a reasonable time to make written answer thereto. Nor shall such removal, discharge, or reduction be made until the charge or charges shall have been examined into and found true in fact by the board of street and water commissioners at a hearing, upon reasonable notice to the person charged, at which he may offer the testimony of witnesses or other evidence in his own behalf. Wages as preferred claims—In insolvency of corporations (Page 1650) SECTION 83. Rank.-[Laborers and workmen and all persons doing service of any kind have a first lien on the assets of an insolvent corporation for work done in the two months prior to proceedings begun.] SEC. 84. Same.-[Such liens are subordinate to prior recorded chattel mortgages and to chattel mortgages recorded within the two months for money loaned or goods purchased during said period; also to mortgages on the real estate.] Bribery of employees (Page 1810) SECTION 212e (as amended 1922, ch. 145). Acts forbidden.— 1. Corrupt influencing of agents, employees or servants: Whoever gives, offers or promises to an agent, employee or servant, any gift or gratuity whatever, without the knowledge and consent of the principal, employer or master of such agent, employee or servant, with intent to influence his action in relation to his principal's, employer's or master's business; or an agent, employee or servant who, without the knowledge and consent of his principal, employer or master, requests or accepts a gift or gratuity or a promise to make a gift, or to do an act beneficial to himself, under an agreement, or with an understanding that he shall act in any particular manner to his principal's, employer's or master's business; or an agent, employee or servant who, being authorized to procure materials, supplies or other articles, either by purchase or contract for his principal, employer or master, or to employ service or labor for his principal, employer or master, receives directly or indirectly, for himself or for another, a commission, discount or bonus from the person who makes such sale or contract, or furnishes such material, supplies or other articles, or from a person who renders such service or labor, and any person who gives or offers such an agent, employee or servant such commission, discount or bonus, shall be guilty of a misdemeanor: Provided, however, That if a corporation, partnership or other organization is guilty of a violation hereof, the person or persons through whom the corporation, partnership or other organization acts shall also be deemed guilty of a misdemeanor: Provided, however, That any person guilty of any offense within the purview of this act who shall first report the facts under oath to the attorney general of New Jersey, and who shall give evidence tending to the conviction of any other person charged with an offense under this act, shall be granted full immunity from prosecution or conviction under this act, with respect to the offense reported. Employment of children-Certain occupations forbidden (Page 2816) SECTION 47. Acrobatic, etc., employment.-[Forbids employment of children under 15 in rope or wire walking, or as an acrobat, gymnast, contortionist, or rider, or any dangerous or immoral occupation.] SEC. 48. Mendicancy, etc.-[Forbids the employment of children under 18 in mendicant occupations in the streets, etc. For text of similar law see sec. 2223, Code of Delaware.] Industrial statistics (Page 3022) SECTION 10. Owners of factories, etc., to report.—It shall be the duty of every owner, operator, lessee, manager, or superintendent of every factory, mill, workshop, mine, or other establishment or industry in which labor is employed within this State, to make such reports or returns on blanks furnished by the bureau of statistics of labor and industry as the said bureau may require for carrying out the purposes and compiling such statistics as are authorized ; and the said owner, operator, lessee, manager, or superintendent shall make such report or return within the time prescribed therefor, and shall certify to the correctness of the same. * SEC. 11. Penalty.-Any owner, operator, lessee, manager, or superintendent of an establishment or industry in which labor is employed within this State who willfully neglects to fill such blank within the time allowed for doing so, or who refuses to fill such blank, shall forfeit for every such delay, [or] refusal, the sum of fifty dollars, to be recovered in a court of competent jurisdiction, by an action in which the State shall be represented by the chief of the bureau of statistics of labor and industry as plaintiff, Alien labor-Employment on public works (Page 3023) SECTION 15. None but citizens to be employed.-It shall not be lawful for the State or any county, city, town, township, or borough, or other municipal corporation within this State, or for any board, committee, commission, or officer thereof, or for any officer, board, body, or organization having charge of any public work or any construction, whether the same be a building, excavation, pipe laying, bridge or dock building, sewer or drainage construction, road building, paving, or any other form or kind of public work which shall be undertaken and done at public expense, or for any person or corporation, to employ as a mechanic or laborer upon such public work or construction, or any part thereof, any person who is not at the time of such employment a citizen of the United States; any contractor or officer who shall violate the provisions of this act shall forfeit and pay the sum of one hundred dollars, to be recovered in an action of debt in any court of competent jurisdiction, with costs, and such penalty when recovered shall be paid into the treasury of the State, county, city, or other municipal corporation within which and under whose authority such officer or contractor claims to act: Provided, The provisions of this act shall not apply to any contract now in force. Employment of children-General provisions (Page 3023) SECTION 16 (as amended 1923, ch. 80). Age.—[Employment of children under 14 is forbidden in newspaper plants, printeries, factories, mills, workshops, laundries, mines, and quarries. Violators are disorderly persons, and establishments habitually employing children contrary to the law are disorderly houses.] SECS. 18, 19 (as amended 1923, ch. 80). Certificates required.--[Children under 16 must have age and schooling certificates for employment in establishments coming under this act.] SEC. 20. Enforcement.-[The commissioner or any inspector may demand proof of any employed child.] SEC. 21. False statements.-[False statements subject to penalty of $50.] SEC. 22 (as amended 1923, ch. 80). Employments forbidden.- Specified dangerous employments are forbidden for children under 16, also any occupation involving physical risk harmful to the health or future working efficiency, in the judgment of the commissioner of labor. For similar list see secs. 3145, 3148, Delaware Code.] SEC. 23 (as amended 1923, ch. 80). Registers.-[Registers of children under 16 must be kept open to official inspection.] SEC. 24 (as amended 1919, ch. 36). Work time.-[No minor under 16 may be employed, in the places coming under this act, for more than 8 hours per day or 48 per week; if a continuation school exists, not more than 42 hours per week. No work is allowed between 7 p. m. and 7 a. m., nor on Sunday.] |