/3.2.'/Vl^4/^5^-v57 feoCT ^ United StatesI|^partment of Laboi^ Maubh^^J. Tobin, Secretary Progress of State Minimum- Wage Legislation, 1950-51^ Minimum-wage laws are currently in effect in 26 States and the District of Columbia. During the 12-month period ending June 30, 1951, 21 wage orders, based on these laws, were issued in 11 States, according to an analysis by the Women's Bureau of the United States Department of Labor. Three States also amended their existing legislation and 10 others considered minimum-wage bills in their legislative sessions. In addition to legislative and administrative activity in this field, several States issued new or revised budgets required to maintain a self-supporting woman at a minimum adequate standard of living ; and two court decisions had a significant effect on minimum wages in two States. Establishment of minimum wages is recognized as being essential to the smooth functioning of civilian industries in a defense economy. The Wage Stabilization Board took official cognizance of the impor- tance of minimum wages by the issuance of General Wage Regula- tion No. 3 on January 3, 1951, which gave blanlvet approval to wage increases made in compliance with State minimum-wage laws and orders. State minimum-wage laws apply for the most part to women and minors. Only five States- — Connecticut, Massachusetts, New Hamp* shire, New York, and Rhode Island^ — have laws which cover men. By establishing a floor to wages^ — especially in the traditionally low- paid trade and service occupations in which women's emplojrment is largely concentrated — these laws help in maintaining an adequate supply of workers in these occupations and in recruiting additional women in the labor market. Eleven States — Colorado, Connecticut, Kentucky, Massachusetts, New Hampshire, New York, Ohio, Oregon, Rhode Island, Washing- ton, and Wisconsin — issued 21 wage orders in the period studied; 3 new orders became effective in Puerto Rico. Most of these orders apply to industries or occupations employing large numbers of women. A tabulation of the orders by industry, State, and title, follows: Hotels and restaurants : Colorado — Public housekeeping occupations. Kentucky — Hotel and restaurant industry. Massachusetts — Public houskeeping occupations. New Hampshire — Restaurant occupation. Ohio — Occupations relating to the furnishing of food and/or lodging. 1 By Alice Angus Morrison and Loretta Sullivan of the U. S. Department of Labor's Women's Bureau. [Reprinted (with additional data) from the Monthly Labor Review (December 1951, pp. 6S7-690) of the U. S. Department of Labor's Bureau of Labor Statistics] 209714—52 Laundry and dry cleaning: Colorado — Laundry industry. V, Connecticut — Laundry occupation. Connecticut — Cleaning and dyeing occupation. Oregon — Laundry, cleaning and dyeing. Rhode Island — Laundry and dry cleansing industries. Personal service: Colorado — Beauty service occupations. Massachusetts — Personal services occupations. Food processing: Washington — Food processing industry. Wisconsin — Canning or first processiitg fresh fruits and vegetables. Retail trade: Colorado — Retail trade occupations. Amusement and recreation: New York — Amusement and recreation industry. Hospitals and sanitariums: Oregon — Hospitals, sanitariums, convalescent and old people's homes. Fruit and vegetable packing: Washington — Fresh fruit and vegetable packing industry. Telephone and telegraph: Washington — Telephone and telegraph industry. Manufacturing : Washington — Manufacturing and general working conditions. A separate order for minors not covered by other industry orders was issued in the State of Washington. States issuing wage orders in the period studied included the five States that have amended their minimum-wage laws to include men. However, these orders, as well as those of States whose laws cover women and minors only, concentrated on regulating important woman-employing industries. In Connecticut, they covered the laundry and cleaning and dyeing industries; in Massachusetts, public housekeeping and personal service; in New Hampshire, restaurants; in New York, amusement and recreation; and in Rhode Island, laundry and dry cleansing. Washington and Colorado issued the most orders, both having com- pleted long-term programs of wage-order revision. Washington issued five orders, including one for manufacturing and one for minors; other orders in this State covered occupations in the following trades or industries: food processing, fruit and vegetable packing, and telephone and telegraph. Women play an important part in all the latter occu- pations, which are interstate in character, but in which workers are to a large extent exempt from the Federal Fair Labor Standards Act. Colorado issued four orders covering laundries, the retail trades, beauty services, and public housekeeping. Oregon combined its two hospital orders, setting a minimum of 65 cents an hour, applicable to an 8-hour day (in place of 9 hours) and a 44-hour week. The new order eliminates the 7-hour day and the 7-day week option formerly allowed the employer. Overtime at time and one-half the employee's regular rate in emergencies is still permitted; the hour regulations are not applicable in the event of disaster within the community. An amusement and recreation order, the first to be issued for this industry in New York State, brought approximately 75,000 additional workers under minimum-wage protection. It established differentials, classified in accordance with population of community, geographic location, and occupation of the worker. Most such minunum-wage differentials were set on an hourly basis, ranging from 75 cents (for cashiers and certain other occupations in moving-picture theaters) in the largest communities to 50 cents (for ushers and certain other employees) in the smaller communities. For some workers, such as golf caddies and bowling-pin setters, minimum wages were scaled on a production basis. In the majority of orders issued in the various States during the period studied, the highest basic hourly minimums established ranged from 65 cents to 75 cents. Of the 21 orders issued, a 75-cent minimum was set by the Connecticut order for cleaning and dyeing and the New York order for amusement and recreation. Minimums of 70 cents were set by Connecticut for the laundry industry,^ by Massachusetts for personal service, and by Rhode Island for laundry and dry cleansing. A 65-cent minimum was established by four of the five Washington Stale orders (the one for minors not being included) ; by the Colorado order for beauty service; by Massachusetts for public housekeeping; and by Oregon for hospitals and sanitariums. Eight orders fixed minimums between 50 cents and 65 cents. Under the Wisconsin canning order, the rates established by the ''all industries" order apply, the highest of which is 45 cents. Eleven of the 21 wage orders which became effective in the period studied, followed the well-established practice of setting an overtime rate in addition to the basic minimum wage. Nine of the orders require that overtime be based on the worker's regular rate and two fixed the overtim.e on the minimum rate. Overtime pay at time and one- half the worker's regular rate was requii'ed after 44 hours in the laundry and beauty service occupations in Colorado, in the laundry occupations in Connecticut and in the laundry and hospital orders m Oregon; after 45 hom's in the cleaning and dyeing occupations in Connecticut; after 48 horn's in the retail trade and public housekeeping orders in Colorado ; and after 54 hours in the canning industry in Wisconsin. Overtim.e at time and one-half the minimum rate was requu-ed after 48 hours in hotel and restaurant occupations in Kentucky and after 45 hours in laundry and dry cleansing jobs in Rhode Island. Six of the 11 orders made the overtime rate applicable to a workweek below the legal m.aximum established by the maximum hours law for > See footnote 10, p. 13. women in the State. In three of the four States which include this type of overtime provision in a minimum wage order of the period studied, the maximum weekly hours established by State hour law for the industry are 48. The exception — Kentucky — has a 60-hour max- imum. Time and one-half is required for hours worked in excess of 44 a week by the laundry and beauty service orders in Colorado and by the laundry order in Connecticut; for hours in excess of 45 a week by the cleaning and dyeing order in Connecticut and the laundry and dry cleansing occupations order in Rhode Island; and for hours in excess of 48 a week by the hotel and restaurant order in Kentucky. The five remaining orders permit employment beyond the usual maximum hour limits in emergencies, if time and one-half the worker's regular rate is paid. The five orders in this latter group follow: Oregon requires such payment after 44 hours for the laundry, cleaning and dyeing industry and in hospitals, sanitariums, and convalescent homes; Colorado requires it after 48 hours in both public housekeeping and retail trade occupations; Wisconsin's canning order requires over- time pay after 54 hours. In a period characterized by rapidly rising prices such as the one studied, the value of flexible minimum-wage laws with wage-board provisions that permit periodic revisions of rates was demonstrated. Of the 21 orders issued by States during the period, aU except the New York amusement order were revisions. All revised orders increased the minimum rates established by the earlier orders and many of them extended coverage. The Massachusetts order for personal services, for example, established a minimum rate of 70 cents for a variety of beauty and health services, replacing the former beauty culture order, which had set a minimum of $18 for a week of over 32 to 48 hours. Quite as significant as the increase in rates was the rejection of a wage-board recommendation for the mercantile occupation by the Massachusetts Minimum Wage Commission. The Commission considered the recommended rates too low to protect the workers against economic conditions prevailing at the time. In the 12-month period studied, Massachusetts demonstrated the effectiveness of a law which provides for use of wage-board procedure to increase the statutory minimum wage in line with changes in the cost-of-living. When, as a result of amendment of the State law, a statutory minimum of 65 cents became effective on January 1, 1950, none of the existing wage orders in the State had established wages higher than that rate. The peculiar wording of the amendment raised some question as to the Commission's authority to set a higher minimum. However, in the personal services occupations order, a minimum of 70 cents for certain classes of workers was established, effectivie December 14, 1950. A food-processing order, under study at the end of the period, proposed a minimum of 75 cents. Legislation Connecticut amended its law in 1951 to set a statutory minimum- wage rate of 75 cents an hour and thus became the first State to equal by statute the Federal 75-cent minimum. It was also the first State to amend its minimum-wage (1939) law to extend coverage to men. The 1951 Connecticut amendment retained the wage-board provisions. It provided that wage orders in effect as of July 1, 1951, shall be modified to increase minimum wages to 75 cents, effective October 1, 1951; other provisions of the orders remain in effect until further action under the amendment. The Connecticut amendment deleted the provision which author- ized establishment of minimum wages on a sex basis. During the 12-year period in which the Connecticut law expressly authorized sex differentials in wages, no wage order establishing such a differential was issued. In 1949, the State adopted an equal-pay law'; hence, this deletion establishes a consistent legislative policy of equal pay for women. Procedural changes of major significance were enacted by amend- ment to the Minnesota minimum-wage law in 1951. The origmal law (1913) provided that the regulatory body was permitted to establish minimum wages only if it was of the "opinion that the wages paid to one-sixth or more of the women or minors" were less than living wages. As this provision proved to be a considerable handicap in collecting factual information and initiating revisions of wage orders, repeated efforts were made to delete the ''one-sixth" requirement. At the 1951 session, the effort succeeded. A.mong other important changes, the Minnesota amendment made advisory boards mandatory. Formerly they were discretionary. Recommendations of such boards continue to be advisory under the amendment, as in the original law. A New Hampshire amendment strengthened its law by requiring the employer to keep records of hours worked and wages paid to all employees (instead of women and minors only), to make such records reasonably available for inspection, and to furnish a sworn statement on demand. In addition to the 3 States that enacted minimum-wage amend- ments in 1951, the District of Columbia and 10 States — ^California, Colorado, Illinois, Massachusetts, Nevada, New Jersey, New York, Pennsylvania, Rhode Island, Wisconsin — considered changes in their minimum-wage laws at 1951 legislative sessions. Several sought unsuccessfully to bring men under coverage of existing laws ; a number sought to establish statutory rates; and several attempted to increase statutory rates already established. In 11 States without minimum-wage laws — Delaware, Idaho, Indiana, Iowa, Michigan, New Mexico, North Carolina, South Carolina, Tennessee, West Virginia, and Wyoming — bills were intro- duced proposing adoption of such legislation. Nearly all these bills had two characteristics in common. They would have covered men as well as women, and they would have set a statutory rate, usually in addition to provisions for wage boards. Exceptions were a West Virginia bill to establish a statutory rate for women workers only, and a Tennessee bill providing for general worker coverage through the wage-board method, but with no statutory minimums. Other State Minimum- Wage Activities Co st-of -Living. New York followed its customary practice of obtain- ing factual cost-of-living data by pricing a woman's budget constructed at a minimum adequate level. In February, the New York State Department of Labor reported its fourteenth survey of living costs for a resident working woman living with her family. Priced as of September 1950, the budget showed an increase of almost 6 percent over the amount which was found to be needed in January of the same year. In January 1951, the California Industrial Welfare Commission reported the results of its first official budget for a self-supporting woman. Previous (nonofficial) budget figures for the State were issued by the Heller Committee of the University of California. The ofiicial budget showed the cost of a minimum adequate standard for a woman worker in California. No other States priced a woman's budget during the year but, as has long been customary, various State budgets were brought up to date by use of either the Bureau of Labor Statistics Consumers' Price Index or a State index, or by a combination of the two. In Maine and Massachusetts, the budgets are designed to reflect the needs of an employed person, man or woman, without dependents. Data representing the annual cost of maintaining a self-supporting woman at a minimum adequate standard of living, in accordance with the purpose of State minimum-wage legislation, were published by various States as follows : As of Annual budget California ? October 1950 $2,003. 98 District of Columbia November 1950____ 2,000.00 Maine December 1950 2, 236. 04 Massachusetts August 1950 *1, 527. 00 New Jersey October 1950 2, 492. 00 New York September 1950 2, 156. 00 Utah October 1950 2, 230. 00 *The Massachusetts budget does not include Federal income tax or social security. The State levies no income tax on single persons with incomes under $2,000. Court Cases. In addition to legislative and administrative actions, two court decisions had a significant effect on minimum wages during the 12-month period studied by the "Women's Bureau. A Connecticut court set aside the State's minimum-wage order for restaurant occu- pations. Enforcement of a mercantile wage order also was tempo- rarily enjoined, but, following enactment of a 75-cent statutory minimum in the State, the injunction was dissolved and the order became effective October 1, 1951. A temporary injunction restrained enforcement of the Kentucky hotel and restaurant order on its effective date. The injunction was later dissolved, and the order became effective in directory form on February 26, 1951, and became mandatory on August 1, 1951. A digest of State wage orders becoming effective between July 1, 1950, and June 30, 1951, follows: .ie-l is =8 D S S S ° o o o o a fclo 2 a SS lOiO^ ■«'>-l :^- < t-H to :?j^ •to -14< , . _ j^ o M CO _, !* 03 !* c3 C3 oS'Ji c3t»<"S O"* O ^ 03 '^J' fcjOOO b£c/) d o 3 o -- .t: T) -a T3 S O "S a 03 03 c3o ao-:j<„ P O m n-^ 03 OJ ft > t>ot=o .g 53 fc.2 S f>--9 fttl §§-35 05 tH c:]"^ ft t> ft > I t>0|30t bs M.g ■a ,3 as o I o 5 ; " "> a (DO *-l PI (D O p^ a:) oi +j 3 ft g-zj o D 3 S O •-■« 03 ^^^^ (B fc< O) o j^ H t-4 (-< rt •g o o 3 25 c6 03 ixi O 6 fl ,-1 .'a 3 a >"^ o w ^-s pi tH'O -a ft a pi +J ■^ PI M ^ s ■4-J S CD tH K 13 ;-! "O OJ Pl*H !>. C3 tH ' >. PW csS'. M »3 m S o2 £ '-^ « gm >ija o pi o g^ aj4.= o m , a> ®43 o. -a 5S > am , CD bo ^, S 5 ,S .s > o ~ S - o PI " q3 d s^^.ga'Sd^ w :^ o .ft d a o> o oj in ] 3^ d rt OW oi ' P4 nno 3 3. 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Ti a +::.:-_ ^ ,, _^ ^ _ . . --a'g ,^^cd =",- o' a;^ d 5 3S K 5, « M^S -Cm.: s 03.2 d ^Wa 0. S. GOVERNMENT PRINTING OFFICE: 1982 3 1262 08859 0467