صور الصفحة
PDF
النشر الإلكتروني

sufficient suretics, who may be required to justify, and conditioned that the obligor will not violate any of the duties, terms, conditions, provisions or requirements of this act and the act of Congress approved August first, eighteen hundred and ninety-two (Twenty-seventh Statutes, page three hundred and forty), commonly known as the labor law. [This law regulates the hours of labor on public works.] The execution of any such bond by fidelity or surety company authorized by the laws of the United States to transact business therein shall be equivalent to the execution thereof by two sureties, and such company, if excepted to, shall justify in the manner required by law of fidelity and surety companies. If any person shall be aggrieved by the misconduct of any such licensed person and shall recover judgment against him therefor, such person may, after the return unsatisfied either in whole or in part of any execution issued upon such judgment, maintain an action in his own name, upon the bond of such employment agency, in any court having jurisdiction of the amount claimed.. The Commissioners of the District of Columbia shall furnish to anyone applying therefor a certified copy of any such bond filed in their office upon the payment of a fee of twenty-five cents, and such certified copy shall be prima facie evidence in any court that such bond was duly executed and delivered by the persons or corporations whose names appear thereon.

SEC. 5. Every license certificate shall contain the names of the persons licensed and a designation of the city, street, number, and floor of the house in which the person licensed is authorized to conduct such employment agency, and the number and the date of its issuance. Such license shall not be used to protect any other than the person to whom it is issued nor any place other than that designated in the certificate, and shall not be transferred or assigned to any other person. Every licensed person shall post in a conspicuous place in such agency the license certificate.

SEC. 6. No such agency shall be located in rooms used for living purposes, or in rooms where boarders or lodgers are kept or where meals are served, or persons sleep, or in the building or on premises, or in connection with a building or on premises, or in connection with a building or premises where intoxicating liquors are sold to be consumed on the premises, except that no one shall be precluded from keeping an employment agency in an office building by reason of there being a cafe or restaurant in another part of said building. No such licensed person shall accept any application for employment made by or on behalf of any child, or shall place or assist in placing any such child in any employment whatever in violation of any compulsory-education or

child-labor laws.

Sic. 7. It shall be the duty of every such licensed person, except those conducting theatrical agencies, teachers' agencies, or agencies for the employment of vaudeville performers, or nurses' registries, or agencies for the procuring of technical, clerical, sales, or executive positions for men only, to keep a register, approved by the Commissioners, in which shall be entered, in the English language, the date of the application for employment, the name and address of the applicant to whom employment is promised or offered, the amount of the fee received, and, whenever possible, the names and addresses of former employers or persons to whom such applicant is known. Such licensed person, except those above specified in this section, shall also enter in a separate register, approved by the Commissioners of the District of Columbia, in the English language, the name and address of every applicant accepted for help, the date of such application, kind of help requested, the names of the persons sent, with the designation of the one employed, and the amount of the fee received. The aforesaid registers of applicants for employment and for help shall be open during office hours to inspection by the said Commissioners or their agents. No such licensed person, his agent or employees, shall make any false entry in such registers. It shall be the duty of every licensed person, whenever possible, to communicate orally or in writing with at least one of the persons mentioned as references for every applicant for work in private families or employed in a fiduciary capacity, and the result of such investigation shall be kept on file in such agency: Provided, That if the applicant for help voluntarily waives in writing such investigation of references by the licensed person, failure on the part of the licensed person to make such investigation shall not be deemed a violation of this act. Every licensed person exempted from the provisions of this section as to the keeping of registers shall keep accurate records in the English language of all persons to whom work is promised or offered, or from whom a fee is taken, and of all persons from whom an application for an employee is accepted, together with the date of the engagement, and the amount of the fee received.

SEC. 8. The fees charged for the employment of agricultural hands, coachmen, grooms, hostlers, seamstresses, cooks, waiters, waitresses, scrub women, nurses (except professional nursesó, chambernaids, maids of all work, domestics, servants, or other laborers (except seamen), or for the purpose of procuring or giving information concerning such person for or to employers, shall be as follows:

Employment agents or agencies shall be entitled to receive in advance from an employer

For male or female employees, one dollar each.

Employment agents or agencies shall be entitled to receive in advance from the applicant for work or employment, either male or female, one dollar each, one-half of which is to be returned on demand if such applicant is not secured a fair opportunity for employment within four days after the receipt of said original fee of one dollar: Provided, That the whole fee and any sums paid by the applicant for transportation in going to and returning from such employer shall be refunded within four days of demand, if no employment of the kind applied for was vacant at the place to which the applicant was directed: And provided further, That it shall be unlawful for any employment agent or agency to receive more than the fees set forth in this act in the business aforesaid.

It shall be the duty of such licensed person to give to every applicant for employment from whom a fee shall be received a receipt in which shall be stated the name of said applicant, the date and amount of the fee, and the purpose for which it was paid, and to every applicant for help a receipt stating the name and address of said applicant, the date and amount of the fee, and the kind of help to be provided. Every such receipt, excepting only those given by theatrical and teachers' agencies and those procuring technical, clerical, sales, and executive positions for men only, shall have printed on the back thereof a copy of this section in the English language. No such licensed person shall divide fees with contractors or their agents or other employers or anyone in their employ to whom applicants for employment are sent. Every such licensed person shall give to each applicant for employment a card or printed paper containing the name of the applicant, name and address of such employment agency, and the written name and address of the person to whom the applicant is sent for employment. Every such licensed person shall post in a conspicuous place in each room of such agency a plain and legible copy of this act, which shall be printed in large type. SEC. 9. No such person shall induce or attempt to induce any domestic employee to leave his employment with a view to obtaining other employment through such agency. Whenever any licensed person, or any other acting for him, agrees to send one or more persons to work as contract laborers in any one place outside the city in which such agency is located, the said licensed person shall give to the applicant for employment, in writing, the name and address of the employer, name and address of the employee, nature of the work to be performed wages offered, destination of the person employed, and terms of transportation.

SEC. 10. No such licensed person shall send, or cause to be sent. any female as a servant or inmate or performer to enter any place of bad repute, house of ill fame, or assignation house, or to any house or place of amusement kept for immoral purposes, or place resorted to for the purpose of prostitution, or gambling house, the character of which such licensed person could have ascertained upon reasonable inquiry. No such licensed person shall knowingly permit any person of bad character, prostitutes, gamblers, intoxicated persons, or procurers to frequent such agency. No such person shall procure or offer to procure help or employment in rooms or on premises where intoxicating liquors are sold to be consumed on the premises, whether or not dues or a fee or privilege is exacted, charged, or received directly or indirectly: Provided, That proprietors of barrooms shall have the right to employ bartenders through employment agents or agencies, and bartenders shall have the right to procure employment in barrooms through such agents or agencies: And provided further, That it shall be unlawful for employment agents or agencies to send applicants for employment to employers other than those who have applied to such agents or agencies for help or labor. For the violation of any of the foregoing provisions of this section the penalty shall be a fine of not more than two hundred dollars and in default in payment thereof by imprisonment in the workhouse for a period of not more than one year, or both, at the discretion of the court. No such licensed person shall publish or cause to be published any false or fraudulent or misleading notice or advertisement. All advertisements of such employment agency by means of cards, circulars, or signs, and in newspapers and other publications, and all letter heads, receipts, and blanks shall contain the name and address of such employment agency, and no such licensed person shall give any false information, or make any false promise or false representation concerning employment to any applicant who shall register for employment or help.

SEC. 11. The enforcement of this act shall be intrusted to the Commissioners of the Complaints against any such licensed persons shall be made District of Columbia. orally or in writing to the said Commissioners, and reasonable notice thereof, not less than one day, shall be given in writing to said licensed person by serving upon him a concise statement of the facts constituting the complaint, and a hearing shall be had before the said Commissioners within one week from the date of the filing of the complaint, and no adjournment shall be taken for a period longer than one week. A daily

με

calendar of all hearings shall be kept by the said Commissioners and shall be posted in a conspicuous place in their public office for at least one day before the date of such hearings. The said Commissioners shall render their decision within eight days from the time the matter is finally submitted to them. Said Commissioners of the District of Columbia shall keep a record of all such complaints and hearings. The said Commissioners may refuse to issue and shall revoke any license for any good cause shown, within the meaning and purpose of this act, and when it is shown to their satisfaction that any licensed person, either before or after conviction, is guilty of any illegal act in connection with the conduct of said business or in violation of this law it shall be the duty of the said Commissioners to revoke the license of such person; but notice of the charges shall be presented and reasonable opportunity shall be given said licensed person to be heard in his defense. Whenever for any cause such license is revoked, said Commissioners shall not issue another license to said licensed person until the expiration of at least six months from the date of revocation of such license. The said Commissioners shall cause the corporation counsel to institute criminal proceedings for the enforcement of this act before any court of competent jurisdiction. Approved June 19, 1906.

GEORGIA.

ACTS OF 1906.

ACT No. 399.-Employment of children in factories-Age limit-Night work.

(Page 98.)

SECTION 1. From and after the approval of this act no child under ten years of age shall be employed or allowed to labor in or about any factory or manufacturing establishment within this State under any circumstances.

SEC. 2. On and after January 1, 1907, no child under twelve years of age shall be so employed, or allowed to labor, unless such child be an orphan and has no other means of support, or unless a widowed mother or an aged or disabled father is dependent upon the labor of such child, in which event, before putting such child at such labor, such father shall produce and file in the office of such factory or manufacturing establishment, a certificate from the ordinary of the county in which such factory or establishment is located, certifying under his seal of office to the facts required to be shown as herein prescribed: Provided, That no ordinary shall issue any such certificate except upon strict proof in writing and under oath, clearly showing the necessary facts: And provided further, That no such certificate shall be granted for longer than one year, nor accepted by any employer after one year from the date of such certificate.

SEC. 3. On and after January 1, 1908, no child under fourteen years of age shall be employed or allowed to labor in or about any factory or manufacturing establishment within this State between the hours of seven p. m. and six a. m.

SEC. 4. On and after January 1, 1908, no child, except as heretofore provided, under fourteen years of age shall be employed or allowed to labor in or about any factory or manufacturing establishment within this State, unless he or she can write his or her name and simple sentences, and shall have attended school for twelve weeks of the preceding year, six weeks of which school attendance shall be consecutive; and no such child as aforesaid between the ages of fourteen and eighteen years shall be so employed unless such child shall have attended school for twelve weeks of the preceding year, six weeks of which school attendance shall be consecutive; and at the end of each year, until such child shall have passed the public school age, an affidavit certifying to such attendance, as is required by this section, shall be furnished to the employer by the parent or guardian or person sustaining parental relation to such child. The provisions of this section shall apply only to children entering such employment at the age of fourteen years or less.

SEC. 5. It shall be unlawful for any owner, superintendent, agent or any other person acting for or in behalf of any factory or manufacturing establishment to hire or employ any child unless there is first provided and placed on file in the office of such employer an affidavit signed by the parent guardian, or person standing in parental relation thereto, certifying to the age and date of birth of such child, and other facts required in this act. Any person knowingly furnishing a false affidavit as to the age, or as to any other facts required in this act, shall be deemed guilty of a misdemeanor. *** SEC. 6. The affidavit and certificates required in this act shall be open to inspection by the grand juries of any county where such factory or manufacturing establishments are located.

SEC. 7. Any person or agent, or representative of any firm or corporation, who shall violate any provision of this act shall be deemed guilty of a misdemeanor,

*

*

*

Any parent, guardian, or other person standing in parental relation to a child, who

shall hire or place for employment or labor in or about any factory or manufacturing establishment within this State a child in violation of any provision of this act, shall be deemed guilty of a misdemeanor

Approved August 1, 1906.

*

[ocr errors]

ACT No. 473.-Suits for wages.

(Page 120.)

* *

*

SO

SECTION 1. The act of the general assembly of the State of Georgia approved August 13, 1904, entitled "An act providing for the situs of debts due to nonresidents for purposes of attachment, and for other purposes," [shall] be amended that said act, when amended, shall read as follows: "Section 1. From and after the passage of this act when any suit is brought by attachment in this State against a nonresident of the State, and the attachment is levied by service of summons of garnishment, the situs of any debt due by the garnishee to the defendant shall be at the residence of the garnishee in this State, and any sum due to the defendant in attachment shall be subject to said attachment: Provided, That the writ of attachment shall not be used to subject in this State wages of persons who reside out of the State and which have been earned wholly without the State of Georgia.

Approved August 20, 1906.

IOWA.

ACTS OF 1906.

CHAPTER 102.-Commissioner of labor.

SECTION 1. Section two thousand four hundred sixty-nine (2469) of the code [providing that the term of the commissioner of labor shall commence on the first day of April in each even-numbered year, and continue for two years] is hereby amended by striking out of the fourth line thereof the word "even-numbered" and by inserting in lieu thereof the word "odd-numbered"; and by adding to said section the following: "Provided, however, that the term of office of the labor commissioner which shall commence on the first day of April, 1906, shall expire on the thirty-first day of March,

1907."

SEC. 2. The law as it appears in section two thousand four hundred seventy (2470) of the supplement to the code is hereby amended by adding thereto the following: "He [the commissioner of labor] shall make a report to the governor during the year 1906, and biennially thereafter. The report for the year 1906 shall cover the period only from the date of his last preceding biennial report."

Approved April 10, 1906.

CHAPTER 103.-Employment of children-Age limit-Hours of labor.

SECTION 1. No person under fourteen years of age shall be employed with or without wages or compensation in any mine, manufacturing establishment, factory, mill, shop, laundry, slaughterhouse or packing house, or in any store or mercantile establishment where more than eight persons are employed, or in the operation of any freight or passenger elevator.

SEC. 2. No person under sixteen years of years [sic] of age shall be employed at any work or occupation by which, by reason of its nature or the place of employment, the health of such person may be injured, or his morals depraved, or at any work in which the handling or use of gunpowder, dynamite or other like explosive is required, and no female under sixteen years of age shall be employed in any capacity where the duties of such employment compel her to remain constantly standing.

SEC. 3. No person under sixteen years of age shall be employed at any of the places or in any of the occupations recited in section 1 hereof before the hour of six o'clock in the morning or after the hour of nine o'clock in the evening, and if such person is employed exceeding five hours of each day, a noon intermission of not less than thirty minutes shall be given between the hours of eleven and one o'clock, and such person shall not be employed more than ten hours in any one day, exclusive of the noon intermission, but the provisions of this section shall not apply to persons employed in husking sheds or other places connected with canning factories where vegetables or grain are prepared for canning and in which no machinery is operated.

SEC. 4. Every person, firm or corporation having in its employ, at any of the places or in any of the occupations recited in section 1 of this act, any persons under sixteen years of age, shall cause to be posted at some conspicuous location at the place of such employment, and where same shall be accessible to inspection at all times during busi

ness hours, a list of the names of such persons, giving after each name, the date of the birth of such person and the date when employed.

SEC. 5. Any parent, guardian or other person, who having under his control any person under sixteen years of age causes or permits said person to work or be employed in violation of the provisions of this act, or any person making, certifying to, or causing to be made or certified to, any statement, certificate or other paper for the purpose of procuring the employment of any person in violation of the provisions of this act, or who makes, files, executes or delivers any such statement [,] certificate or other paper containing any false statement for the purpose of procuring the employment of any person in violation of this act, or for the purpose of concealing the violation of this act in such employment, and every person, firm or corporation, or the agent [,] manager, superintendent, or officer of any person, firm or corporation, whether for himself or such person, firm or corporation, either by himself or acting through any agent, foreman, superintendent or manager, who knowingly employs any person or permits any person to be employed in violation of the provisions of this act, or who shall refuse to allow any authorized officer or person to inspect any place of business under the provisions of this act, if demand is made therefor at any time during business hours or who shall willfully obstruct such officer or person while making such inspection, or who shall fail to keep posted the lists containing the names of persons employed under sixteen years of age and other information as required by this act, or who shall knowingly insert any false statement in such list, or who violates any other provision of this act, shall be deemed guilty of a misdemeanor, and upon being found guilty thereof, shall be fined not to exceed one hundred dollars or be imprisoned in the county jail not to exceed thirty days.

SEC. 6. It shall be the duty of the commissioner of the bureau of labor statistics to enforce the provisions of this act, and such commissioner and his deputies, factory inspectors, assistants and other persons authorized by him in writing, State mine inspectors, and county attorneys, mayors, chiefs of police and police officers, acting under their written directions, city and town marshals, sheriffs and their deputies within the territories where they exercise their official functions, and any person having authority therefor in writing from the judge of a court of record within the territory over which such judge has jurisdiction, shall have authority to visit any of the places enumerated in section 1 of this act, and make an inspection thereof to ascertain if any of the provisions of this act are violated or any person unlawfully employed thereat, and such persons shall not be interfered with or prevented from asking questions of any person found at the place being inspected by them with reference to the provisions of this act. It shall be the duty of the county attorney to investigate all complaints made to him of the violation of this act, and to attend and prosecute at the trial of all cases for its violation upon any information that may be filed within his county.

Approved April 10, 1906.

CHAPTER 148. - Assignment of wages.

SECTION 1. Section three thousand and forty seven (3047) of the code [relating to assignments of open accounts, shall be amended by adding thereto the following: But no sale or assignment, by the head of a family, of wages, whether the same be exempt from execution or not, shall be of any validity whatever unless the same be evidenced by a written instrument and if married unless the husband and wife, sign and acknowledge the same joint instrument before an officer authorized to take acknowledgements; and assignments of wages shall have priority and precedence in the order in which notice in writing of such assignments shall be given to the employer, and not otherwise.

Approved April 5, .906.

CHAPTER 156.-- Wages a preferred claim- In receiverships.

SECTION 1. When the property of any person, partnership, company or corporation has been placed in the hands of a receiver for distribution, after the payment of all costs the following claims shall be entitled to priority of payment in the order named: First. Taxes or other debts entitled to preference under the laws of the United States.

Second. Debts due or taxes assessed and levied for the benefit of the State, county or other municipal corporation in this State.

Third. Debts owing to employees for labor performed as defined by section four thousand and nineteen (4019) of the code [i. e., within ninety days next preceding the transfer of the property, to an amount not exceeding one hundred dollars to each person].

Approved March 30, 1906.

« السابقةمتابعة »