§ 161 — One day rest in seven

§ 161. One day rest in seven. 1. Every employer operating a factory,\nmercantile establishment, hotel, restaurant, or freight or passenger\nelevator in any building or place shall, except as herein otherwise\nprovided, allow every person employed in such establishment or in the\ncare, custody or operation of any such elevator, at least twenty-four\nconsecutive hours of rest in any calendar week. Every employer operating\na place in which motion pictures are shown shall allow the projectionist\nor operator of the motion picture machine and engineers and firemen\ntherein at least twenty-four consecutive hours of rest in any calendar\nweek. Every employer operating a place in which legitimate theatre\nproductions such as dramatic and musical productions are shown or\nexhibited shall allow all employees, including the performers in the\ncast therein and engineers and firemen, at least twenty-four consecutive\nhours of rest in each and every calendar week, but this shall not apply\nto any place wherein motion pictures, vaudeville or incidental stage\npresentations or a combination thereof are regularly given throughout\nthe week as the established policy of such place; except that engineers\nand firemen employed in such place shall be allowed at least twenty-four\nconsecutive hours of rest in any calendar week. No employer shall\noperate such establishment, place or elevator on Sunday unless he shall\ncomply with subdivision three. This section does not authorize any work\non Sunday not permitted now or hereafter by law.\n Every owner, lessee and operator of a dwelling, apartment, loft and\noffice building, garage, storage place and building, wherein or whereat\na watchman or watchmen or engineer or fireman are employed, shall allow\nsuch person or persons so employed at least twenty-four consecutive\nhours of rest in each and every calendar week.\n Every owner, lessee or operator of a warehouse, storagehouse, office,\ndwelling, apartment, loft and any other building or structure wherein a\njanitor, superintendent, supervisor or manager or engineer or fireman is\nemployed, shall allow such person or persons so employed at least\ntwenty-four consecutive hours of rest in each and every calendar week.\n Every person employed as a domestic worker as defined in subdivision\nsixteen of section two of this chapter, shall be allowed at least\ntwenty-four consecutive hours of rest in each and every calendar week.\nNo provision of this paragraph shall prohibit a domestic worker from\nvoluntarily agreeing to work on such day of rest required by this\nparagraph, provided that the worker is compensated at the overtime rate\nfor all hours worked on such day of rest. The day of rest authorized\nunder this subdivision should, whenever possible, coincide with the\ntraditional day reserved by the domestic worker for religious worship.\nIn addition, after one year of work with the same employer a domestic\nworker shall be entitled to at least three days of rest in each calendar\nyear at the regular rate of compensation.\n Every person employed as a farm laborer shall be allowed at least\ntwenty-four consecutive hours of rest in each and every calendar week.\nTwenty-four consecutive hours spent at rest because of circumstances,\nsuch as weather or crop conditions, shall be deemed to constitute the\nrest required by this paragraph. No provision of this paragraph shall\nprohibit a farm laborer from voluntarily agreeing to work on such day of\nrest required by this paragraph, provided that the farm laborer is\ncompensated at an overtime rate which is at least one and one-half times\nthe laborer's regular rate of pay for all hours worked on such day of\nrest. The term "farm labor" shall include all services performed in\nagricultural employment in connection with cultivating the soil, or in\nconnection with raising or harvesting of agricultural commodities,\nincluding the raising, shearing, caring for and management of livestock,\npoultry or dairy. The day of rest authorized under this subdivision\nshould, whenever possible, coincide with the traditional day reserved by\nthe farm laborer for religious worship.\n 2. This section shall not apply to:\n a. Foreman in charge;\n b. Employees in milk condenseries, milk powder factories, milk sugar\nfactories, milk shipping stations, butter and cheese factories, ice\ncream manufacturing plants and milk bottling plants, where not more than\nseven persons are employed;\n c. Employees, if the board in its discretion approves, engaged in an\nindustrial or manufacturing process necessarily continuous, in which no\nemployee is permitted to work more than eight hours in any calendar day;\n d. Employees whose duties include not more than three hours' work on\nSunday in setting sponges in bakeries, maintaining fires, or making\nnecessary repairs to boilers or machinery.\n e. Employees in resort or seasonal hotels and restaurants in rural\ncommunities and in cities and villages having a population of less than\nfifteen thousand inhabitants, excluding that portion of the population\nof a third class city residing outside of its corporation tax district\nwhere such city embraces the entire area of a former township. As used\nin this subdivision, the term "resort" shall apply to any establishment\nenumerated herein which operates for not more than four calendar months\nand fifteen days in each year, and the term "seasonal" shall apply to\nany establishment enumerated herein in which the number of employees is\nincreased by at least one hundred per cent from the slack to the busiest\nseason.\n f. Employees in dry dock plants engaged in making repairs to ships.\n 3. Before operating on Sunday, every employer shall designate a day of\nrest, consisting of at least twenty-four consecutive hours of rest in\neach and every calendar week for each employee, and shall notify each\nemployee in advance of his or her designated day of rest. No employee\nshall be permitted to work on his designated day of rest.\n 4. Every employer shall keep a time book showing the names and\naddresses of his employees and the hours worked by each of them in each\nday.\n 5. If there shall be practical difficulties or unnecessary hardship in\ncarrying out the provisions of this section or the rules promulgated\nhereunder, the commissioner may make a variation therefrom if the spirit\nof the act be observed and substantial justice done. Such variation\nshall describe the conditions under which it shall be permitted and\nshall apply to substantially similar conditions. A properly indexed\nrecord of variations shall be kept by the department.\n 6. In case of violation of any of the provisions of this section, the\ncommissioner shall issue an order directing compliance therewith, and\nupon failure so to comply shall commence a prosecution as provided by\nlaw.\n