New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-07-06
REGARDING THE EIGHTHOUR LAW
CORPORATION COUNSEL WHALEN WRITES
AN OPINION ON ITS APPLICATION
TO CITY EMPLOYEES.


CORPORATION Counsel whalen has written an
opinion on the application OF the Eight-hour LABOR
law TO city employees The opinion is written IN
response to queries from Commissioner Lantry OF
the Department OF Correction and from Commis-
sioner Clausen OF the Department OF Parks. Inc
questions asked were:
First-Must the hours OF duty OF all officers ana
employees OF the various institutions De hH'''eu u
Second-At several Of the institutions the EN-,
and lodging On alternate nights they are re-
qured 10 sleep at the institution In order to De
that Is half OF the force every night. should
the time that these keepers sleep In the INSTITUTION
rhiTd@There are many employees on the payrolls
Of the several institutions who are designated as
sny o Them hut d0 %hG
terXss SHOULD these I'm addition to their board
and lodging?
Mr.. whalen. after quoting from the law. goes
to say:
1t is apparent that the term employ as nseo
II the Labor oP Sw Teis nd therefor apply
to officers employees Of the various lns,tuIlou rs
the act Therefore. in determining whether or
not the hours Of labor must De tbe empoyes
under consideration are mechanics, worKinsmeh
The answer TO the second question must be that,
in the first place. keepers in the institutions are
not meShanles TosRpgme6G %Itbn the Labor
law. This. however. is only true Of employees who
legally appointed to h the Sce OF 20 o{Ser
positions and are detailed to perform Keepers
In your third question you state that there are
many employees on the payr0ls Of me d,jn
Of Keepers. and you give me long list Of persons.
such as pilots. engineers painters uhsm""S' e''
II these appointed as mechanics Incs,ta they
should DO nav sS6 IS more more than doubtful
whether you have, except In the case OF W.
great % any f ba no Gs HpS@
This matter was considered by the Appena ,e
Division OF the aFansf the CITY Of
| S. \, Y supp 1875 where the Court, passing upon
he La of ISL aw said al that unless one is hired
| a mechanic and docs mechanics work ne is nov nov
ene as n SeSn T the Street Cleaning Depart
ment as a painter and doing work az driver
f fSis n do not mean 10 state that it is Illegal
detail any time mechanic to 90 r Gcn n4ver in
fact does mechanics work. hgt performs ,s '1e
duty of another position It Is eyiGent tns Statute
To answer the exact question asked in The thi1d
paragraph must say ha the emp pTssysng rate
%sses of m %Shi ISse and hy
furnished with board and lodging does not change
| the amount which they should receive
To Commissioner Clausen Mr.. Whalen writes
The public work as contained in the unamen n,ia
section referred clearly to work for mui,u blII
CORPORATION and think the SsmS act still re-
late 10 such work for municipal corporation az
| though the act was badly drawn as 10 make II
| seem somewhat doubtful. - .. .o~
| Rut the spirit II not he letter or tne aCI ceI
tainly requires pr men of the prevailing rstS oi
| wages 10 such mechanics. workingmen ana apol
! ers who NAV be In the ctys employ. Nhet,nvI
| the rule applies to monthly or yearly eiIp,,,'
| must depend upon the nature Of the employ nlel,.,
The intention of the act was TO protect inc c!aos
| Of citizens who might find II difhcult 10 prof.
| themseives-namey. those working by the Gay, ~,
thing II Is the duty Of the city departments 10 en-
! Nov and nav nv the day all such employees as
| are usually employed in this manner ~ w.
! however an employe Is hired by the month OF ny
the wear instead Of by the day, 90 nov pet bo
that the statute in its provisions as To the nunner
| of hours of work or payment OF ne preNd'""e
| rate Of wages for days Work appnes; III, -.
| To comply. therefore. with the law II VIII W
| necessary for YOU to examine into the mater ann
"a readiust Your schedules Of payment so maj PEI
sons whose duties are those of ordinary DAY ap9i
! ers mechanics and workmen shall be employed ny
| the day and receive the prevailing rate OF "'e'9
| for a DAYS work. ,. ,,o,,bI,- or
| This will not prevent your paying montniES Op
yearly salaries 10 all classes of persons VINO III IN
| The nature Of their employment are not usuai y
! hired by the day and do not do Work wh'cH eau oe
| ,neaeured bv given number OF hours -. -.
am aware that this distinction IS dncuit ON
| .o draw in some cases. but thlhk thdt Eou Will
| he Obliged to do under the law