The Minimum Wage Law in New York State Source: New York State Department of Labor A minimum wage law was passed by the New York State Legislature and approved by Governor Lehman (April 27, 1937). Its enactment followed the decision of the United States Supreme Court of March 29, 1937, reversing its stand in the Adkins case and upholding the minimum wage law of the State of Washington. The act, entitled "Minimum Wage Standards for Women and Minors," states, "It is the declared public policy of the State of New York that women and minors employed in any occupation should receive wages sufficient to provide adequate maintenance and to protect their health." The law empowers the Industrial Commissioner to investigate wages paid to women and minors in any occupation, except domestic service in the home of the employer or labor on a farm, and, if, on the basis of information in his possession, with or without a special investigation, the Commissioner is of the opinion that a substantial number of women or minors in such occupation receive wages insufficient to provide adequate maintenance and to protect health, to appoint a wage board which shall recommend minimum wage rates for women and minors in such occupations. The wage board is composed of not more than 3 representatives of employers, an equal number of representatives of employees and not more than 3 disinterested members representing the public. Within 60 days it shall submit a report recommending minimum wage standards for women and minors in the occupation or occupations under consideration. In setting minimum wage standards the board may take into account (1) the amount sufficient to provide adequate maintenance and to Provision is made for reconsideration and review of the minimum wage standards after a wage order has been in effect for six months. Minimum wage orders covering approximately 165,000 women and minors are in effect in the laundry, beauty service, confectionery, cleaning and dyeing, restaurant and hotel industries. (June. 1941.) New York State Labor Relations Act Source: New York State Department of Labor Chapter 443, effective July 1, 1937, and known as the N. Y. State Labor Relations Act, is modeled upon the National Labor Relations Act. The State Act applies particularly to industries in intrastate commerce, excepting from its applications employers and employees admittedly subject to the National Labor Relations Act or the Federal Railway Labor Act. Employees of the State, municipality or other governmental agency, charitable, religious or educational organizations, domestic servants and farm laborers are also exempt. The Act affirms the rights of employees to selforganization, to form, join or assist labor unions, to bargain collectively with representatives of their own choosing, free from interference, restraint, or coercion of employers. It makes the representatives selected by the majority of the employees the exclusive bargaining agency in respect to conditions of employment. Employees may at any time present grievances to employers directly or through representatives. The State Labor Relations Board is authorized to decide the appropriate unit for collective bargaining, as employer, craft or plant unit; provided that, where the majority of employees of a particular craft shall so decide, the Board must designate such craft as the appropriate unit. It may also conduct investigations, hearings and elections, if necessary, to ascertain proper representatives. Individuals hired for the duration of a strike are barred from participation in elections. Company unions cannot be listed on ballots. The Board cannot intervene in controversies between persons or groups within a labor organi zation or between labor organizations affiliated In cases of alleged unfair practices, the Board can hold hearings, subpoena persons, records, etc., and take testimony. If violations are proved, the Board can serve cease and desist orders upon the employer and may take further action, such as ordering reinstatement of employees discriminated against by the unfair labor practice. Petition to the State Supreme Court is allowed to the Labor Relations Board for enforcement of its rulings and to the employers for appeal from the Board's decisions. Interference with the activíties of the State Labor Relations Board or with employees' exercise of their rights in an election of representatives is penalized. The Board reported it was instrumental in settling about 117 strikes, involving approximately 1,946 employees, during 1940. For the 4-year period since the establishment of the Board in July, 1937. it was instrumental in preventing or settling over 900 strikes involving 72,000 employees. Average Weekly Earnings in Factories in New York State Source: New York State Department of Labor. Includes all employees in both office and shop Month 1928 1929 1930 1931 1932 1933 1934 1935 1936 1937 1938 1939 1940 July Jan. $29.21 $29.71 $29.80 $27.01 $24.35 $20.96 $22.79 $23.92 $24.82 $26.69 $25.96 $26.82 $27.74 Feb. 29.16 29.99 29.46 27.44 24.02 20.95 22.76 24.11 24.80 26.90 26.35 27.02 27.54 March. 29.64 30.35 29.90 27.96 24.14 20.73 23.39 24.62 25.21 27.78 26.46 27.65 28.11 April 28.79 30.07 29.44 27.35 23.36 21.02 23.34 24.36 24.83 27.97 25.86 26.84 27.44 May. 29.19 30.03 29.10 26.96 22.59 21.49 23.38 24.05 24.88 27.92 25.56 26.68 27.77 June 29.48 30.02 28.96 26.34 22.20 21.95 23.24 24.04 25.01 28.00 25.71 27.05 28.13 29.15 29.80 28.50 26.39 21.82 22.34 23.12 23.93 25.25 27.81 25.99 27.09 28.18 29.38 30.09 28.59 26.33 21.92 22.48 23.43 24.52 25.79 28.09 26.50 27.52 28.67 29.72 30.47 28.94 26.16 22.50 22.87 23.24 24.83 25.19 27.41 27.16 27.16 29.11 29.78 30.08 28.03 25.34 22.55 22.52 23.02 24.68 25.75 27.24 26.88 27.80 29.06 29.62 29.54 27.42 24.99 21.74 22.25 22.92 24.24 25.68 26.12 26.27 27.72 28.94 30.12 29.75 27.52 24.74 21.62 22.43 23.63 25.02 26.84 26.36 26.90 28.19 30.09 Av.for yr. $29.44/$29.99 $28.81|$26.42 $22.73 $21.83/$23.19|$24.36|$25.34|$27.36 $26.29 $27.29 $28.40 Average for (1915) $12.85; (1916) $14.43: (1917) $16.37; (1918) $20.35; (1919) $23.50; (1920) $28.15; (1921) $25.72; (1922) $25.04; (1923) $27.24; (1924) $27.68; (1925) $28.26; (1926) $29.02; (1927) $29.30. Sept. Oct. Nov. Dec.... Unemployment Insurance in New York State Source: New York State Department of Labor The Unemployment Insurance Law of the State of New York (Article 18 of the Labor Law) became effective April 25, 1935, and on January 24, 1936, it was approved by the Social Security Board under the provisions of Title IX of the Federal Social Security Act which had not been enacted until August 14, 1935. Employer contributions to the unemployment Insurance Fund became assessable January 1, 1936, at the rate of 1 per cent of insured payrolls during 1936, and at 2 per cent during 1937, and at 3 per cent during 1938 and 1939. By a 1940 amendment to the Law, the contribution rates for 1940 and thereafter were reduced from 3 to 2.7 per cent. As required by the Social Security Act, all monies collected under the New York State Unemployment Insurance Law are deposited with the Secretary of the Treasury in an Unemployment Trust Fund, subject to requisition by the State Division of Placement and Unemployment Insurance for the payment of benefits as provided under the State Law. Contributions are payable quarterly and must be accompanied by detailed payroll reports. Since January 1, 1938, contributions were payable on the first $3,000 of wages of all workers in the employ of covered employers. Employers not subject to the Law may become voluntarily insured for an initial two-year period and for one-year periods thereafter with the consent of the Industrial Commissioner. Both subject and non-subject employers are required to keep accurate records of wages paid to each employee. By a 1941 amendment to the Law employers who fail to comply with the demand to furnish statements not previously submitted-on individual employee's earnings are subject to a penalty of $3.00 with respect to each employee and to each calendar quarter involved, not to exceed $500 with respect to any calendar quarter. Once subject, an employer ceases to be subject only after a finding by the Industrial Commissioner that he has not within any 15 days in the preceding calendar year employed four or more persons in employment subject to the Law. An employer who has become subject to the Law and fails to notify the Industrial Commissioner of such fact within six months is subject to a penalty in the amount of 100 per cent of accrued earnings not to exceed $500 nor to be less than $50 for each calendar year (effective April 17, 1941). Employment of four or more persons within each of 13 or more calendar weeks in the years 1935 and 1936 made employers subject to the Law on and after January 1, 1936. Employment of four or more persons within each of fifteen or more days within any calendar year after December 31, 1936 makes an employer subject to the Law on and after the first of the fifteen days within which such employment occurs. Employees of New York or out-of-State employees are eligible to apply for benefits in New York if the major part of their base-year employment was in New York State; or, in case the work was not confined to any one State, if some of their employment was in New York and the base of operations was in New York; or if the base of operations or place from which service is directed is not any State in which some part of the service is performed, but the individual's residence is in New York State. Tips, bonuses, vacation pay, and other gratuities are wages on which contributions must be paid; dismissal wages, except under special circumstances, are not. Payments made by an em ployer under a retirement, sickness, or accident disability plan, effective January 1, 1940, are not wages to be used as a basis for benefit payment. Exemptions under the Law include: employers of agricultural labor as defined in the Law (amplified by 1941 amendments); employers of spouse or minor child; non-profitmaking religious, scientific. charitable, literary, and educational bodies; New York State's municipal corporations and other governmental subdivisions; employment as a golf caddy (effective March 21, 1940); employment as a part-time worker of any person actually in regular attendance during the day time as a student in an institution of learning (effective April 26, 1940); and (after June 30, 1940) employment covered by the Federal Railroad Unemployment Insurance Act. National banks and other Federal instrumentalities except those wholly owned by the United States or those exempt from the Federal Unemployment Tax Act were brought under the coverage of the Law as of January 1, 1940. Benefits are payable according to a fixed schedule in the Law. Benefits range from a minimum of $7 to a maximum of $15 a week at $1 intervals. Duration of benefits is limited to 13 weeks within the benefit year. The base year (during which wages are earned determining eligibility) is the calendar year immediately preceding the beginning of a benefit year. A new benefit year begins each April 1. The waiting period covers three weeks, which need not be consecutive. If "reasonably fitted" by training and experience, eligible claimants must accept offered employment unless its acceptance include joining a company union, quitting a labor union, working in an establishment where an industrial controversy exists, working for substandard wages or under substandard conditions, or working at a place so remote from home that expenses of travel are substantially greater than that required in his former employment unless the expense is provided for. An employee may also refuse employment for "good cause, but, whatever may be the cause for refusal of employment, benefits are not paid if the circumstances show that the employee has withdrawn temporarily or permanently from the labor market (1941 amendment of the Law). A 1941 amendment to the Law provides a penalty for workers who voluntarily leave their employment without good cause. Another amendment, in effect September 29, 1941, provides for a suspension of accumulation of benefit rights rather than an extended waiting period for loss of employment due to a strike, lockout, or other industrial controversy. The same amendment makes provision for reduction of benefits in cases of wilful false statement or representation to obtain benefits. Provision is made in the Law for hearings by Referees on disputed points with regard to benefit claims or with regard to determinations affecting Appeal may be made employers' contributions. from the decisions of the Referees to the Appeal Board and then, on question of law, to the courts. It is estimated that approximately 4,700,000 persons worked in covered employment during 1940. At the beginning of 1940, the Unemployment Insurance Fund totaled $177,912.009; net contributions deposited during the year were $127,069,116; interest credited amounted to $4,651,847; benefits paid during the calendar year totaled $98,798,082; and transfer of $6,857,977 to the Railroad Unemployment Insurance Account (Federal) was effected during the year. This left a balance on hand of $203,976,913 at the end of 1940. Public Assistance in New York State Source: State Department of Social Welfare Public assistance in New York State consists of the home relief program-including veteran relief-financed by state and local fands, and the three special types of assistance in whose financing the Federal Government participates-old age assistance, aid to dependent children, and assistance to the blind. The distribution of Federal surplus commodities, an additional form of relief, is carried out in conjunction with the public assistance program. Home relief expenditures for the year totalled $112.128,243. A monthly average of 266,615 cases received this form of assistance. During the calendar year 1940, a monthly average of 423,682 persons received public assistance totaling $169.732,680. Of this amount 36.0 percent was from state funds, 50.2 percent from local funds. and 13.8 percent from federal funds. Old age assistance granted to a monthly average of 118,523 persons in 1940 totaled $36,939,716. An average of 35,706 families received a total of $19,784,271 under the aid to dependent children program during the same year. Assistance to the blind, covering an average of 2,838 individuals per month, amounted to $880,450 in 1940. Administrative costs for the whole public assistance program are 12.7 percent of the total expenditures (for assistance and administration) of which 0.5 percent represents the cost of state supervision. Population of N. Y. State-Urban and Rural: 1790 to 1940 Source: United States Bureau of the Census; minus sign (-) denotes decrease The state Increase over Popula- precd. cens. Places Increase over tion Number Pct. 706,446 782,954 1,359,668 1,012,429 83.7 POPULATION OF NEW YORK STATE, URBAN AND RURAL: 1890 TO 1930 Inc. 1920-30 1930 1920 1910 1900 1890 (Apr. 1) (Jan. 1) (Apr. 15) (June 1) (June 1) No. P. ct. 10,521,952 8,589,844 7,185,494 5,298,111 3,899,737 1,932,108 22.5 14,483 17,793 2,066,114 1,795,383 1,928,120 1,970,783 2,103,437 -3,310-18.6 270,731 15.1 -76,508-9.8 347,239 34.3 65.0 Per cent rural. Other rural territory.... Population 1,702,184 1,448,506 1,575,826 1,625,057 1,823,989| [12,588,066 10,385,227 9,113,614 7,268,894 6,003,174 2,202,839| Farms in New York State-How Owned 221 117,791 201 117,097 155 33 14.9 17,348 14.7 253,678 17.5 21.2 Housing Units (Families) in N. Y. State, 1940 Source: United States Bureau of the Census. Of the 4,033,540 dwelling units in New York on April 1, 1940, 294,879 or 7.3 percent were vacant and for sale or rent (these representing the commercially significant vacancies), while 3,662,618 dwelling units were occupied by households enumerated in the Population Census at their usual place of residence. The remaining group of 76,043 units (representing roughly the remainder of the units shown as vacant in the preliminary release) was made up for the most part of vacant units being held for absent households, though it included also a few units temporarily occupied by nonresident households, that is, by households which reported that their homes were located elsewhere. Seasonal as well as ordinary dwelling units are included in all of these figures. Dwelling units that were vacant, uninhabitable, and beyond repair were not included in the Housing Census. The figures do include vacant dwelling units that were uninhabitable at the time of the enumeration, but which were not beyond repair. Of the total number of dwelling units in New York, 81.3 percent were located in urban places, 394,214 that is, in incorporated places having 2,500 inhabitants or more; and 18.7 percent were in rural areas. Only 6.4 percent of the urban dwelling units were vacant and for sale or rent, as compared with 11.1 percent of the rural units. Dwelling units vacant and for sale or rent formed 7.3 percent of all dwelling units in New York City and 3.4 percent in Buffalo, the two cities with the largest population in the State. The number of occupied dwelling units represents approximately the number of private households in the respective areas and may be compared roughly with the number of private families shown in the Census Reports for 1930. Such a comparison shows that the number of private households increased approximately 16.2 percent, as contrasted with the 7.1 percent increase in population between 1930 and 1940. This is explained by the fact that the average size of family in New York has decreased considerably since 1930, as it has throughout the country. The average number of persons in the populatin per occupied dwelling unit in 1940 was 3.68 for the State as compared with an average population per family of 3.99 in 1930. 33,936 Jefferson. 19,638 Kings.. 9,840 Lewis. Counties 10,663 Oneida. 13,216 Onondaga 11,141 Ontario. 7,530 Orange. 989 Orleans. 16,479 Oswego. 22,365 Otsego. 616,875 Putnam. No. Counties 48,472 Schuyler.. No. 3,721 73,708 Seneca. 6,225 14,332 32,859 7,907 Sullivan. 9.669 18,380 Tloga. 7,330 13,488 Tompkins 11,518 3,435 Ulster.. 21,798 5,948 Queens. 280,064 Warren 9,404 9,235 Rensselaer. 31,897 Washington.. 12,032 35,789 Wayne.. 14,105 13,671 Westchester.. 122,657 Dutchess. 11,162 Montgomery.. 25,200 Nassau 15,303 St. Lawrence.. 22,417 Wyoming.. 7,814 Erle. Essex. 184,520 New York. 8,100 Niagara. 75,192 Saratoga. 468,956 Schenectady. 16,561 Yates... 4,907 31,891 35,960 Schoharie. 5,790 The Insane in New York State Source: Horatio M. Pollock, Statistician, State Department of Mental Hygiene University of the State of New York Source: New York State Regents of the University with year when terms expire: Chancellor, Thomas J. Mangan, Binghamton (1943); Vice Chancellor. William J. Wallin, Yonkers (1945); Christopher C. Mollenhauer, N. Y. City (1947); John Lord O'Brian, Buffalo (1948); Susan Brandeis, N. Y. City (1949); Roland B. Woodward, Rochester (1950); William Leland Thompson, Troy (1951): Grant C. Madill, Ogdensburg (1952); W. K. Macy, Islip (1953); George H. Bond, Syracuse (1942); Owen D. Young, N. Y. City Daily Yr. Attend. ers Department of Education (1946); Gordon Knox Bell, N. Y. City (1944). President of the University and Commissioner of Education-Ernest E. Cole (term expires June 30, 1942). Deputy Commissioner-Lewis A. Wilson. Associate Commissioners-George M. Wiley and J. H. Miller. Assistant Commissioners-J. Cayce Morrison, Milton E. Loomis, Herman Cooper, Lloyd L. Cheney, Alfred D. Simpson. Director of State Library. R. W. G. Vail. Director of State Museum, Charles C. Adams. State Historian. Arthur Pound. George D. Stoddard was chosen in 1941 to succeed President Cole in 1942. PUBLIC SCHOOLS IN THE EMPIRE STATE; OFFICIAL FIGURES Teach-Teach'rs Total Val. of Daily Teach- Teach'rs Total Val, of Wages Expend. Schools Yr. Attend. ers Wages Expend. Schools $1,000 $1,000 $1,000 $1,000 $1,000 33,421 81,768 1931 1,911,215 77,488 193,483 47,804 121,713 1932 1,958,164 79,494 199,820 50,665 183,017 1933 2,005,832 78,491 194,149 71,016 202,717 1934 2,014,439 78,512 185,461 108,597 273,981|1935 2,006.795 78,947 186,800 1925 1,651,126 64.321 134,323 283,506 524,530 1936 2,002,645 80,159 193.707 1926 1,684,595 66,434 140,930 257,672 577,396 1937 1,998,909 81,657 197,217 1927 1,726,772 68.716 148,870 294,312 624,605 1938 1,985,214 82,454 209,023 19281,768,364 70,849 162,183 324,406 671,255 1939 1,960,946 82,392 202,296 1929 1,801,530 73.218 176,147 376,071 737,948 1940 1,919,684 80,553 209,727 1930 1,866,241 75.511 186.062 391,417 805,645) Expenditures excluding moneys from the sale of bonds and certificates of indebtedness were since 1931: (1931) $318,666,977; (1932) $337,749.152; (1933) $322,396,309; (1934) $309,834,631; (1935) $314,970,661; (1936) $325,994,476; (1937) $334,889,510; (1938) $354,109,166; (1939) $347,775,704; (1940) $357,637,229. $1,000 1900 857,488 31,768 1905 960,433 36,115 1910 1,118,073 41,999 1915 1,288,047 47,881] 1920 1,361,600 54,165 19,219 46,690 70,710 369,035 857,258 377,281 903,272 343.455 892,452 315,188 895,289 329,182 903,613 351,823 922,132 375,176 953,138 391.976 992,975 393,841 1,026,930 402,444 1,062,320 Births, Deaths, Marriages, with Rates, in New York State Source: New York State Department of Health Still births (of which there were 5,785 in 1940) are not included in the above table. DEATHS, CHIEF CAUSES, NEW YORK STATE (Rates per 100,000 Population) Pulm.Tuber Pneumonia |Cardio Vasc. Bright's Diphth. Year (Cal.) D'ths Rate D'ths Rate D'ths Rate D'ths Rate D'ths Rate D'ths Rate D'ths Rate 9,503 88.6 10,645 99.3 36,594 341.4 9.481 88.4 11,163 104.1 1,702 15.9 1,442 13.5 85.8 14,229 130.0 39,598 361.8 10.018 91.5 11,706 | 106.9 1,454 13.3 1,440 13.2 84.7 14.086 126.1 41,451 371.1 10,034 89.8 12,257 109.7 1,008 9.0 1,479 13.2 80.9 13,930 122.3 42,922 376.7 9.518 83.5 12,791 112.3 1,083 9.5 1,520 13.3 78.9 13.571 116.8 43,370 373.310,171 87.5 13,201 113.6 1,001 8.6 1,664 14.3 76.9 16.666 141.0 46,750 395.411,040 93.4 13.613 115.1 727 6.1 1,635 13.8 70.1 12,267 102.0 45.069 374.7 9,432 78.4 14.331 119.2 980 8.1 1,856 15.4 70.9 15,519 126.9 48,550 396.9 9.608 7.1 1,932 15.8 1929. 68.5 15.433 124.1 50,491 406.0 9.473 5.3 2,135 17.2 1930 8,146 64.6 12,908 102.4 48,487384.5 9,719 1931. 7,833 61.7 13,590 107.0 49,931 393.2 9,419 1932. 7,354 57.5 12.636 98.8 51,113 399.7 9,848 77.0 16,344 127.8 1933. 7,192 55.8 12,134 94.2 51,657 401.1 10,179 79.0 17,003 132.0 1934. 6,983 53.8 11,224 86.5 54,356 419.1 10,946 84.4 17,698 136.5 1935. 6.847 52.4 11,018 84.4 55,109 422.1 10,374 79.5 18,600 142.5 1936 7,047 53.6 11,514 87.6 58,912 448.2 10,175 77.4 19.189 146.0 6.829 51.6 11,368 85.9 59.964 453.1 9,809 74.1 19.618 148.2 6,042 45.3 8,337 62.6 60,111 451.2 9,229 69.3 20,307 152.4 5.998 44.7 7,434 55.4 63.477 473.3 8,779 65.5 20,792 155.0 5,793 42.9 6,143 45.5 64,987 481.3 8,861 65.6 21,384 158.4 1940. 32 0.2 2,207 16.5 15 0.1 2,188 16.2 Homicide deaths-(1931) 795; (1932) 764; (1933) 738; (1934) 647; (1935) 593; (1936) 521; (1937) 502; (1938) 433; (1939) 407. Deaths from alcoholism-(1905) 576; (1910) 990; (1915) 782; (1925) 878; (1930) 1,078; (1931) 1,100; (1932) 839; (1933) 828; (1934) 592; (1935) 534; (1936) 564, (1937) 513; (1938) 412: (1939) 433. |