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whole or of a part of the building in which the same is situated or otherwise, shall be responsible for the observance and punishable for the nonobservance of the provisions of this article, anything in any lease or agreement to the contrary notwithstanding.
Sec. 95. If the commissioner of labor finds evidence of contagious disease present in anytenant factory in which any of the articles enumerated in section one hundred hereof are manufactured, altered, repaired or finished he shall affix to any such articles exposed to such contagion a label containing the word “unclean" and shall notify the local board of health, who may disinfect such articles and thereupon remove such label. If the commissioner of labor finds any of the articles specified in said seetion one hundred in any workroom or factory in a tenant factory which is foul, unclean, or unsanitary, he may, after first making and filing in the public records of his office a written order stating the reasons therefor, affix to such articles a label containing the word "unclean." No one but the commissioner of labor shall remove any label so affixed; and he may refuse to remove it until such articles shall have been removed from such factory and cleaned, or until such room or rooms shall have been cleaned or made sanitary. Became a law, April 10, 1906.
CHAPTER 216.-Inspection of factories -- Accidents. SECTION 1. Section eighty-seven of chapter four hundred and fifteen of the laws of eighteen hundred and ninety-seven,
is hereby amended to read as follows: Section 87. The person in charge of any factory shall report in writing to the commissioner of labor all deaths, accidents, or injuries sustained by any person therein or on the premises, within forty-eight hours after the time of the accident, death or injury, stating as fully as possible the cause of the death or the extent and cause of the injury, and the place where the injured person has been sent, with such other or further information relative thereto as may be required by the said commissioner, who may investigate the causes thereof and require such precautions to be taken as will prevent the recurrence of similar happenings. No statement contained in any such report shall be admissible in evidence in any action arising out of the death or accident therein reported. Became a law, April 12, 1906.
CHAPTER 256.-Examination and licensing of barbers. SECTION 1. Chapter six hundred and thirty-two of the laws of nineteen hundred and three,
(providing for the examination and licensing of barbers) is hereby repealed. Became a law, April 19, 1906.
CHAPTER 275.-- Inspection of factories--Labeling goods unlawfully manufactured. SECTION 1. Section one hundred and two of chapter four hundred and fifteen of the laws of eighteen hundred and ninety-seven,
as amended by chapter one hundred and ninety-one of the laws of eighteen hundred and ninety-nine, is hereby amended to read as follows:
Section 102. Articles manufactured, altered, repaired, or finished contrary to the provisions of section one hundred of this chapter, shall not be sold or exposed for sale by any person. The commissioner of labor may conspicuously affix to any such article found to be unlawfully manufactured, altered, repaired or finished, a label containing the words tenement made printed in small pica capital letters on a tag not less than four inches in length, or may seize and hold such article until the same shall be disinfected or cleaned at the owner's expense. The commissioner of labor shall notify the person stated by the person in possession of said article to be the owner thereof, that he
has so labeled or seized it. No person except the commissioner of labor shall remove or deface any tag or label so affixed. Unless the owner or person entitled to the possession of an article so seized shall provide for the disinfection or cleaning thereof within one month thereafter it may be destroyed. Became a law, April 19, 1906.
CHAPTER 316.--Payment of wages in scrip--Company stores. SECTION 1. Section nine of chapter four hundred and fifteen of the laws of eighteen hundred and ninety-seven, * is hereby amended to read as follows:
Section 9. Every manufacturing, mining, quarrying, mercantile, railroad, street railway, 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, if there shall, at the time be any store selling supplies, within 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. Became a law, April 24, 1906.
CHAPTER 327.- Employment offices in cities of the first class. SECTION 1. Chapter four hundred and thirty-two of the laws of nineteen hundred and four is hereby amended so as to read as follows:
Section 1. The term person when used in this act, means and includes any individual, company, association, or corporation or their agents, and the term employment agency, means and includes the business of procuring or offering to procure help or employment or of giving information as to where help or employment may be procured, whether such business is conducted in a building or on the street or elsewhere; and the business of keeping an intelligence office, employment bureau, theatrical, or shipping agency, nurses' registry, or agency for procuring engagements for vaudeville or theatrical performers, or other agency or office for procuring work or employment for perbons seeking employment where a fee or privilege or commission is exacted, charged or received directly or indirectly for procuring or assisting or promising to procure employment, work, engagement, or a situation of any kind, or for procuring or providing help or promising to provide help for any person, whether such fee is collected from the applicant for employment or the applicant for help, excepting agencies conducted exclusively for procuring employment for persons as teachers, and in recognized educational institutions only, as occupants of technical or executive positions, and registries of all incorporated associations of registered nurses and bureaus conducted by registered medical institutions and excepting also departments maintained by persons, firms, corporations or associations for the purpose of securing help for themselves where no fee is charged the applicant for employment. The term fee as used in this act means money or a promise to pay money. The term fee also means and includes the excess of money received by any such licensed person over what he has paid for transportation, transfer of baggage, or lodging for any applicant for employment. The term fee as used in this act also means and includes the difference beiween the amount of money received by any person who furnishes employees or performers for any entertainment, exhibition or performance and the amount paid by said person to the employees or performers whom he hires to give such entertainment, exhibition or performance. The term privilege as used in this act means and includes the furnishing of food, supplies, tools or shelter to contract laborers, commonly known as commissary privileges.
Sec. 2. No person shall open, keep or carry on any such employment agency in the cities of the first class, unless every such person shall procure a license therefor from the mayor or the commissioner of licenses of the city in which such person intends to conduct such agency. Such license shall be posted in a conspicuous place in said agency. Any person who shall open or conduct such an employment agency without first procuring said license shall be guilty of a misdemeanor and shall be punishable by a fine of not less than fifty dollars and not more than two hundred and fifty dollars, or by imprisonment for a period of not more than one year or both, at the discretion of the court. Such license shall be granted upon the payment to said mayor or commissioner of licenses of a fee of twenty-five dollars annually for such employment agency in cities of the first class. Every license shall contain the name of the person licensed, a designation of the city, street and number of the house in which the person licensed is authorized to carry on the said employment agency, and the number and date of such license. Such license shall not be valid to protect any other than the person to whom it is issued or any place other than that designated in the license and shall not be transferred or assigned to any other person unless consent is obtained from the mayor or commissioner of licenses. The person to whom said license is assigned or transferred shall file with the mayor or the commissioner of licenses a bond as required in section three. No such agency shall be located in rooms used for living purposes or where boarders or lodgers are kept or where meals are served or where persons sleep or in connection with a building or on premises where intoxicating liquors are sold to be consumed on the
premises, excepting cafes and restaurants in office buildings. If said licensed person shall conduct a lodging-house for the unemployed, separate and apart from such agency, it shall be so designated in the license. The application for such license shall be filed not less than one week prior to the granting of said license and the mayor or commissioner of licenses shall act upon such application within thirty days from the time of such application. The mayor or commissioner of licenses shall require every such applicant to furnish satisfactory proof, by affidavits, of good moral character and shall receive any protest against the issuance or the transfer of any license. The names and addresses of all applicants for licenses or for transfers of licenses shall be posted daily in the public office of the mayor or commissioner of licenses. The license shall run to the first Tuesday of May next ensuing the date thereof and no longer unless sooner revoked by the mayor or commissioner of licenses.
Sec. 3. The mayor or commissioner of licenses of said city shall require such person to file with his application for a license a bond in due form to the people of the said city inthe penal sum of one thousand dollars in cities of the first class, with two or more sufficient sureties, and conditioned that the obligor will not violate any of the duties, terms, conditions, provisions or requirements of this act. 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 said judgment, maintain an action in his own name upon the bond of said employment agent in any court having jurisdiction of the amount claimed provided such court shall, upon application made for the purpose, grant such leave to prosecute.
Sec. 4. It shall be the duty of every such licensed person, except those conducting theatrical 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 mayor or the commissioner of licenses, 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 mayor or commissioner of licenses, 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, the amount of the fee received and the rate of wages agreed upon. The aforesaid registers of applicants for employment and for help shall be open during office hours to inspection by the mayor or commissioner of licenses. No such licensed person, his agent or employees, shåll 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, the amount of the fee received, and the rate of remuneration agreed upon.
Sec. 5. The fees charged applicants for employment as lumbermen, agricultural hands, coachmen, grooms, hostlers, seamstresses, cooks, waiters, waitresses, scrub women, laundresses, maids, nurses (except professionals) and all domestics and servants, unskilled workers and general laborers, shall not in any case exceed ten per centum of the first month's wages, and for all other applicants for employment, shall not exceed the amount of the first week's wages or salary or five per centuin of the first year's salary, except when the employment or engagement is of a temporary nature, not to exceed in any single contract one month, then the fee shall not exceed ten per centum of the salary paid. In case the applicant shall not accept or obtain help or employment, through such agency, then such licensed person shall on demand, repay the full amount of the said fee, allowing three days' time to determine the fact of the applicant's failure to obtain help or employment. If an employee furnished fails to remain one week in the situation, a new employee shall be furnished to the applicant for help if he so elects, or three-fifths of the fee returned, within four days of demand; provided said applicant for help notifies said licensed person within thirty days of the failure of the applicant to accept the position or of the applicant's discharge for eause. If the employee is discharged within one week without said employee's fault another position shall be furnished or three-fifths of the fee returned to the applicant for employment if he so elects. Failure of said applicant for help to notify said licensed person that such help has been obtained through means other than said agency shall entitle said licensed person to retain or collect three-fifths of the said fee. No such licensed person shall send out any applicant for employment without having obtained, either orally or in writing, a bona fide order therefor, and if it shall appear that no employment of the kind applied for existed at the place to which said applicant was directed, the said licensed person shall refund to such applicant within three days of demand any sums paid by said applicant for transportation in going to and returning from said place, and all fees paid by said applicant. 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, excepțing only those given by theatrical, 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 and in any language which the person to whom the receipt is issued can understand. No such licensed person shall receive or accept any valuable thing or gift as a fee or in lieu thereof. No such licensed person shall divide fees with contractors or their agents or other employers or any one 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 sections four, five and six of this act, which shall be printed in large type in languages which persons commonly doing business with such office can understand. Such printed law shall also contain the name and address of the officer charged with the enforcement of this law.
Sec. 6. 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 such' 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 file with the mayor or commissioner of licenses, within five days after the contract is made, a statement containing the following items: Name and address of the employer, name and address of the employee; nature of the work to be performed, hours of labor; wages offered, destination of the persons employed, and terms of transportation. A duplicate copy of this statement shall be given to the applicant for employment in a language which he is able to understand.
Sec. 7. 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 purposes 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 licensed person shall accept any application for employment inade by or on behalf of any child or shall place or assist in placing any such child in any employment whatever in violation of the compulsory education law, known as title sixteen, of the consolidated school law of eighteen hundred and ninety-four, as amended; and in violation of chapter four hundred and fifteen of the laws of eighteen hundred and ninety-seven, known as the labor law. No licensed person, his agents, servants or employees, shall induce or compel any person to enter such agency for any purpose, by the use of force or by taking forcible possession of said person's property. No such licensed person, his agents or employees, shall have sexual intercourse with any female applicant for employment. 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. For the violation of any of the foregoing provisions of this section the penalty shall be a fine of not less than fifty dollars, and not more than two hundred and fifty dollars, or imprisonment 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.
See. 8. In cities of the first class the enforcement of this act shall be intrusted to a commissioner to be known as a commissioner of licenses, who shall be appointed by the mayor, and whose salary together with those of a deputy commissioner, and inspectors to be appointed by him shall be fixed by the board of estimate and apportionment. Said commissioner of licenses and deputy commissioner shall have no other occupation or business. He shall appoint inspectors who shall make at least bimonthly visits to every such ageney excepting those agencies exempted from keeping the prescribed registers under section four of this act, which shall be inspected on complaint made to said commissioner of licenses. Said inspectors shall have a suitable badge which they shall exhibit on demand of any person with whom they may have official business. Such inspectors shall see that all the provisions of this act are complied with, and shall have no other oecupation or business. Complaints against any such licensed person shall be made orally or in writing to the commissioner of licenses, 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 commissioners [commissioner) of licenses 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 calendar of all hearings shall be kept by the commissioner of licenses and shall be posted in a conspicuous place in his public office for at least one day before the date of such hearings. The commissioner of lieenses shall render his decision within eight days from the time the matter is finally submitted to him. Said commissioner of licenses shall keep a record of all such complaints and hearings. The said commissioner of licenses 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 the satisfaction of the commissioner of licenses that any licensed person is guilty of any immoral, fraudulent or illegal conduct in connection with the conduct of said business, it shall be the duty of the commissioner of licenses to revoke the license of Buch person; but notice of the charges shall be presented and reasonable opportunities shall be given said licensed person to defend himself. Whenever said commissioner of licenses shall refuse to issue or shall revoke the license of any such employment agency, said determination shall be subject to review on writ of certiorari. Whenever for any cause such license is revoked, said commissioner of licenses shall not issue another license to said licensed person or his representative or to any person with whom he is to be associated in the business of furnishing employment. The violation of any provision of this act, except as provided in sections two and seven, shall be punishable by a fine not to exceed twenty-five dollars, and any city magistrate, police justice, justice of the peace, or any inferior magistrate having original jurisdiction in criminal cases, shall have power to impose said fine, and in default of payment thereof to commit the person so offending for a period not exceeding thirty days. The said commissioner of licenses shall institute criminal proceedings for its enforcement before any court of competent jurisdiction.
Sec. 9. All aets or parts of acts relating to employment agencies in cities of the first class, inconsistent with this act, are hereby repealed, except the provisions of chapter four hundred and fifteen of the laws of eighteen hundred and ninety-seven, known as the labor law.
See. 10. This act shall apply only to cities of the first class.
CHAPTER 328.--Employment offices in cities of the second class. SECTION 1. The term person when used in this act, neans and includes any individual, company, association, or corporation, or their agents, and the term employment agency means and includes the business of keeping an intelligence office, employment bureau, or other agency or office for procuring work or employment for persons seeking employment where a fee or privilege is exacted, charged or received directly or indirectly for procuring or assisting to procure employment, work, or a situation of any kind, or for procuring or providing help for any person, whether such fee is collected from the applicant for employment or the applicant for help, excepting agencies for procuring employment for school teachers exclusively. The term fee as used in this act means money or a written promise to pay money.
SEC. 2. No person shall open, keep or carry on any such employment agency in the cities of the second class, unless every such person shall procure a license therefor from the mayor of the city in which such person intends to conduct such agency. Any person who shall open or conduct such an employment agency without first pro