Pennsylvania Act 1913-466 — FEMALE LABOR LAW

Act text

AN ACT

To protect the public health and welfare, by regulating the employment of females in certain establishments, with respect to their hours of labor and the conditions of their employment; by establishing certain sanitary regulations in the establishments in which they work; by requiring certain abstracts and notices to be posted; by providing for the enforcement of this act by the Commissioner of Labor and Industry and others; by prescribing penalties for violations thereof; by defining the procedure in prosecutions; and by repealing all acts and parts of acts inconsistent with the provisions thereof.

Compiler's Note: Section 12(a) of Act 80 of 1988 provided that Act 466 is repealed insofar as it is inconsistent with Act 80.

TABLE OF CONTENTS

Section 1. Definitions: Establishment, Person,

Week, Day.

Section 2. Inclusion of Plural and all Genders.

Section 3. Hours of Labor.

Section 4. Night-Work; Prohibition In Manufacturing

Establishments.

Section 5. Night-Work; Prohibition, Females under Eighteen.

Section 6. Mid-Day Meal Periods. (Repealed)

Section 7. Intervals Between Work Periods.

Section 8. Seats.

Section 9. Wash and Dressing-Rooms; Water-Closets.

Section 10. Lunch Rooms in Certain Establishments.

Section 11. Exhaust-Fans in Certain Establishments.

Section 12. Drinking-Water.

Section 12.1.

Section 13. Enforcement: Posting Abstract of This Act and

Schedule of Hours of Labor; Preparation and

Distribution of Abstracts and Forms of Schedule.

Section 14. Enforcement: Proof of Age of Certain Females.

Section 15. Enforcement: Hindering or Delaying Commissioner

of Labor and Industry or His Deputies.

Section 16. Enforcement: By the Commissioner of Labor

and Industry and His Deputies.

Section 17. Prosecutions: Procedure, Appeals.

Section 18. Penalties: First and Second Offenses, Continued

Violations, Cumulative Penalties, Exemptions of

Persons from Punishment Under Certain Circumstances.

Section 19. Disposition of Fines.

Section 20. Construction of the Act Not to Affect Industrial

Training or Other Education; Unconstitutionality

of a Part of the Act.

Section 21. Acts Repealed.

Section 22. Date of Operation.

Section 1. Definitions: Establishment, Person, Week, Day.--Be it enacted, &c., That the term "establishment," when used in this act, shall mean any place within this Commonwealth where work is done for compensation of any sort, to whomever payable.

The term "person," when used in this act, shall be construed to include any individual, partnership, or other unincorporated association, corporation, Commonwealth, and any political subdivision thereof.

The term "week," when used in this act, shall mean seven consecutive days which may begin on any day of a week, and the term "day" shall mean twenty-four consecutive hours which may begin at any hour of a day.

(1 amended May 21, 1943, P.L.389, No.183)

Section 2. Inclusion of Plural and all Genders.--Whenever in this act the singular is used the plural shall be included, and whenever the masculine gender is used the feminine and neuter shall be included.

Section 3. Hours of Labor.--(a) Except as hereinafter provided, no female eighteen (18) years of age or older shall be employed or permitted to work in, or in connection with, any establishment for more than six (6) days in any one week or more than forty-eight (48) hours in any one week, or more than ten (10) hours in any one day.

Where the strict application of the schedule of hours, provided for by this section, imposes an unnecessary hardship and violates the intent and purpose of this act, the Secretary of Labor and Industry, with the approval of the Industrial Board, may make, alter, amend, and repeal general rules and regulations prescribing variations from said schedule of hours: Provided, That if it should be held hereafter by the courts of this Commonwealth that the power herein sought to be granted to the Secretary of Labor and Industry is, for any reason, invalid, such holding shall not be taken in any case to affect or impair the remaining provisions of this section.

(b) Nothing in this section or in any other provisions of this act shall apply to the employment of females in agricultural field occupations, or in domestic service in the home of the employer, nor shall any provisions of this act which relates to the regulation of hours of employment apply to the work of registered nurses in hospitals, or to the work of females over eighteen years of age who are employed in a bona fide executive, administrative or professional capacity, as confidential secretaries, or as outside salesmen as such terms are defined and delimited from time to time by regulations issued by the Secretary of Labor and Industry with the approval of the Industrial Board. ((b) amended June 16, 1972, P.L.456, No.142)

(c) It shall be unlawful for any female to be employed, or permitted to work, in any occupation dangerous to life or limb, or injurious to the health or morals, as such occupation shall, from time to time, be determined and declared by the Industrial Board. Before any occupation is prohibited the board must give notice of its intention and hold a public hearing.

(3 amended Dec. 1, 1965, P.L.1012, No.376)

Section 4. Night-Work; Prohibition In Manufacturing Establishments.--Females over eighteen (18) years of age may be employed in manufacturing establishments during any hours, night or day, so long as there is compliance with the provisions of this act. The employment of females on second (evening) and third (night) shifts, however, is subject to prior approval by the Secretary of Labor and Industry in accordance with regulations issued by the secretary with the approval of the Industrial Board.

(4 amended Dec. 1, 1965, P.L.1012, No.376)

Section 5. Night-Work; Prohibition, Females under Eighteen.--No female under eighteen (18) years of age shall be employed or permitted to work in, or in connection with, any establishment before the hour of six o'clock in the morning or after the hour of nine o'clock in the evening of any day, except that students sixteen (16) years of age and over whose employment is part of a recognized school work program, supervised by a recognized school authority may be employed until ten o'clock P.M.

(5 amended Dec. 1, 1965, P.L.1012, No.376)

Section 6. Mid-Day Meal Periods.--(6 repealed June 4, 1937, P.L.1547, No.322)

Section 7. Intervals Between Work Periods.--No female shall be employed or permitted to work for more than five hours continuously in, or in connection with, any establishment, without a meal or rest period of at least thirty minutes, which period shall not be considered a part of the hours of labor, and no period of less than thirty minutes shall be deemed to interrupt a continuous period of work.

Employes shall not be required to remain in the workrooms or at their work stations during the meal or rest periods required by this section: Provided, however, That where the strict application of the thirty minutes' meal or rest period imposes an unnecessary hardship on employers and employes or a limitation on the job opportunities of female employes, the Secretary of Labor and Industry, may grant upon written application of an employer an exception from the strict observance of this requirement.

(7 amended Dec. 1, 1965, P.L.1012, No.376)

Section 8. Seats.--Every person employing or permitting females to work in any establishment shall provide suitable seats for their use conveniently assessable while they are working, and shall maintain and keep them there, and shall permit the reasonable use thereof by such females. At least one seat shall be provided for every five females employed or permitted to work.

(8 amended Dec. 1, 1965, P.L.1012, No.376)

Section 9. Wash and Dressing-Rooms; Water-Closets.--In every establishment where females are employed, toilets, wash-rooms and retiring rooms shall be provided in accordance with the General Safety Law, act No.174, May 18, 1937 (P.L.654), as amended and Regulations for Industrial Sanitation promulgated by the Industrial Board of the Department of Labor and Industry.

(9 amended Dec. 1, 1965, P.L.1012, No.376)

Section 10. Lunch Rooms in Certain Establishments.--Any person employing or permitting any female to work in any establishment where white lead, arsenic or other poisonous substances, or injurious fumes, dust or gases, shall be present, shall provide and maintain a suitable room, free from the aforesaid substances, fumes, dust and gases, for the use of said female employees; and no such person shall, during the time allowed for meals, permit any such female to remain in any room where the aforesaid substances, fumes, dust, and gases shall be present.

Section 11. Exhaust-Fans in Certain Establishments.--Any person who shall employ or permit any female to work in any establishment in which poisonous or injurious dust, fumes, or gases are generated, shall provide and maintain proper hoods and pipes connected with exhaust-fans, ventilation or purification systems of sufficient capacity to remove such dust, fumes, or gases at their point of origin, and prevent them from mingling with the air in the room, and such exhaust fans, ventilation or purification systems shall be installed, operated and maintained in accordance with regulations issued by the Industrial Board of the Department of Labor and Industry under the General Safety Law, act No.174, May 18, 1937 (P.L.654), as amended.

(11 amended Dec. 1, 1965, P.L.1012, No.376)

Section 12. Drinking-Water.--In every establishment where females are employed, cool, pure, wholesome drinking water shall be supplied to such employes in accordance with the rule on drinking water contained in the Regulations for Industrial Sanitation issued by the Industrial Board of the Department of Labor and Industry under the General Safety Law, act No.174, May 18, 1937 (P.L.654), as amended.

(12 amended Dec. 1, 1965, P.L.1012, No.376)

Section 12.1. In addition to any specific rules or regulations affecting the employment of women which are promulgated under this law, all persons who employ female employes shall comply with those general regulations of the Industrial Board of the Department of Labor and Industry under the General Safety Law, act No.174, May 18, 1937 (P.L.654), as amended, which are not superseded by specific rules and regulations issued under this law. The responsibility for complying with all regulations rests upon both the employer and employes.

(12.1 added Dec. 1, 1965, P.L.1012, No.376)

Section 13. Enforcement: Posting Abstract of This Act and Schedule of Hours of Labor; Preparation and Distribution of Abstracts and Forms of Schedule.--(a) Every person employing or permitting any female to work in any establishment, shall keep posted, in a conspicuous place, where such female employe may read, a printed abstract of the provisions of this act: Provided, that when any female shall be employed or permitted to work in connection with any establishment, but not in such establishment, the aforesaid abstract shall be kept posted in a conspicuous place in the office of such establishment. The Department of Labor and Industry shall prepare the abstract of the provisions of this act. Copies of such abstract shall be printed, in accordance with the laws of this Commonwealth regulating printing and publishing, and the Department of Labor and Industry shall supply the same, upon application, to all persons required to post the abstract.

(b) Every person employing or permitting any female to work in any establishment shall maintain a true and accurate record of the hours worked by each such female. Such record shall contain the name of the female employe, the hours of commencing and stopping work, the hours when the time allowed for meal or rest periods shall begin and end for each day of the week, and the total daily hours and total weekly hours for each such female employe.

Where records are maintained at a central record-keeping office, other than in the place of employment such records shall be made available for inspection at the place of employment within seven calendar days following verbal or written notice from the Secretary of Labor and Industry or his authorized representative. Such records shall be maintained for a period of three years.

The use of micro-film for record-keeping purposes is permitted: Provided, however, That employers who use such micro-film shall make available to authorized representatives of the Department of Labor and Industry the equipment which is necessary to facilitate review of the records.

(13 amended Dec. 1, 1965, P.L.1012, No.376)

Section 14. Enforcement: Proof of Age of Certain Females.--Whenever any female shall be employed or permitted to work in, or in connection with, any establishment, before the hour of six o'clock in the morning or after the hour of nine o'clock in the evening of any day, who, in the judgment of the Secretary of Labor and Industry or his authorized representative, is under eighteen (18) years of age, such representative of the department may demand from any person employing or permitting any such female to work in, or in connection with, his establishment, that such person shall either furnish to such representative of the department within ten days satisfactory evidence, such as shall be required by law for the issuing of employment certificates to minors that such female is, in fact, eighteen (18) years of age or over, or shall cease to employ or permit such female to work in, or in connection with, such establishment, before or after the hours above named.

In case such employer shall fail to furnish to said representative of the department, within ten days after making such written demand, the required evidence of age, and shall thereafter continue to employ such female, or permit her to work in, or in connection with, such establishment, before or after the hours aforesaid, proof of the making of such demand and of failure to produce the evidence required shall be prima facie evidence of the illegal employment of such female, in any prosecution brought therefor.

(14 amended Dec. 1, 1965, P.L.1012, No.376)

Section 15. Enforcement: Hindering or Delaying Commissioner of Labor and Industry or His Deputies.--No person shall hinder or delay the Secretary of Labor and Industry or any of his authorized representatives in the performance of their duties in the enforcement of this act, or refuse to admit, or to lock out, any representative from any place while females are employed therein, and which said representative shall be authorized to inspect, or refuse to give any representative information required for the proper enforcement of this act.

(15 amended Dec. 1, 1965, P.L.1012, No.376)

Section 16. Enforcement: By the Commissioner of Labor and Industry and His Deputies.--It shall be the duty of the Secretary of Labor and Industry and his authorized representatives to enforce all the provisions of this act. They shall visit and inspect establishments, and shall have power at any reasonable time to visit and inspect any establishment in or in connection with which any female shall be employed or permitted to work. They shall investigate all complaints of violations of this act received by them, and shall institute prosecutions for violations of the provisions thereof.

(16 amended Dec. 1, 1965, P.L.1012, No.376)

Section 17. Prosecutions: Procedure, Appeals.--All prosecutions for violations of this act shall be instituted by the Department of Labor and Industry, before a magistrate, alderman, or justice of the peace, and shall be in the form of summary proceedings. Upon conviction after hearing, the penalties provided in this act shall be imposed, and shall be final, unless an appeal be taken to the court of proper jurisdiction, within twenty days after the imposition of the penalties aforesaid, in the manner already provided by law in appeals from penalties.

(17 amended June 4, 1937, P.L.1547, No.322)

Compiler's Note: Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.

Section 18. Penalties: First and Second Offenses, Continued Violations, Cumulative Penalties, Exemptions of Persons from Punishment Under Certain Circumstances.--Any person who, whether by himself or for another, or through an agent, servant, or foreman, shall violate any provisions of this act, shall be subject to the following penalties:

Upon conviction for violation of any provision of section three, four, five, seven, or fifteen of this act, he shall be punished, for a first offense, by a fine of not less than fifty ($50) dollars and costs, or more than one hundred ($100) dollars and costs, and, upon nonpayment thereof, be imprisoned in the county jail for not more than ten days; for a second or subsequent offense, by a fine of not less than one hundred ($100) dollars and costs, or more than two hundred ($200) dollars and costs, and, upon nonpayment thereof, by imprisonment in the county jail for not more than sixty days; and whenever any person shall have been notified by the Department of Labor and Industry, or by the service of a summons in a prosecution, that he is violating such provision, he shall be punished by like penalties in addition for each and every day that such violation shall have continued after such notification.

Upon conviction for a violation of any of the provisions of sections eight, nine, ten, eleven, twelve, thirteen, or fourteen of this act, the punishment shall be without regard to the number of females employed, for a first offense, not less than twenty-five ($25) dollars and costs, or more than fifty ($50) dollars and costs, and, upon nonpayment thereof, imprisonment in the county jail for not more than twenty days; for a second or subsequent offense, a fine of not less than fifty ($50) dollars and costs, or more than two hundred ($200) dollars and costs, and, upon nonpayment thereof, imprisonment in the county jail for not more than sixty days; and whenever any person shall have been notified by the Department of Labor and Industry that he is violating such provisions, and shall have been given a reasonable time in which to remedy the condition which shall constitute such violation, he shall be punished, in addition to the penalties aforesaid, by like penalties for each and every day that such violation shall have continued after the expiration of the time allowed by the Department of Labor and Industry for remedying the aforesaid condition: Provided,

First. That an employer will be fully protected against unintentional violations of sections 3, 4 and 5 of this act and regulations issued thereunder, if before employing or permitting any female under eighteen years of age to work in his establishment he has received from that employe an age certificate issued by the proper officials of the school district in which the prospective employe resides. These age certificates must be kept on file by the employer for inspection by authorized representatives of the Department of Labor and Industry so long as the female is employed or until she reaches the age of eighteen, whichever occurs sooner. An age certificate will be no defense to any violation of the provisions of this law and regulations issued thereunder if the employer knows that it was obtained falsely or after knowledge of the true age of the employe becomes known to him.

Second. That whenever a violation of any provisions of this act shall also be a violation of another provision, or other provisions of this act, penalties may be imposed for the violation of each and every such provision.

Third. That under no circumstances shall any person be sentenced to imprisonment for more than one year for any one violation of this act.

Fourth. That whenever a violation of any of the provisions of this act shall also be a violation of the laws of this Commonwealth regulating the hours of labor and conditions of employment of minors, penalties shall be imposed under only one of such acts.

(18 amended June 16, 1972, P.L.456, No.142)

Section 19. Disposition of Fines.--All fines imposed and collected for any violation of this act shall be forwarded to the Department of Labor and Industry, which shall pay the same into the office of the State Treasurer, for the use of the Commonwealth.

(19 amended Dec. 1, 1965, P.L.1012, No.376)

Section 20. Construction of the Act Not to Affect Industrial Training or Other Education; Unconstitutionality of a Part of the Act.--Nothing in this act shall be construed to prevent females of any age from receiving industrial training or other education in, or in connection with, any school or educational institution in this Commonwealth.

Each section of this act and every part thereof is hereby declared to be an independent section, or part of a section, and if any section, subsection, sentence, clause, or phrase of this act shall for any reason be held unconstitutional, the validity of the remaining phrases, clauses, sentences, subsections, and sections of this act shall not be affected thereby.

Section 21. Acts Repealed.--The following acts, or parts of acts, are hereby repealed:

Section 22. Date of Operation.--Except as herein otherwise provided, this act shall take effect on the first day of November Anno Domini nineteen hundred and thirteen.