On November 7, 1933, Utah voters approved a constitutional amendment that strengthened the state's authority to regulate wages and working conditions during the Great Depression. The measure, designated Amendment 1, authorized the Utah Legislature to establish minimum wages for women and minors and enact laws protecting the welfare of employees. Voters approved the amendment by 133,771 votes to 21,941, representing approximately 85.9 percent of ballots cast on the question. Its adoption marked an important development in Utah's labor history, reinforcing the constitutional foundation for government intervention in employment practices and workplace protection.
The amendment emerged from decades of industrial expansion and labor reform. Following statehood in 1896, Utah experienced substantial growth in mining, manufacturing, transportation, agriculture, and commercial services. Women became increasingly important to the state's economy, particularly in retail establishments, laundries, canneries, telephone exchanges, and offices. Ogden developed into a significant food-processing center, while Salt Lake City supported expanding commercial and manufacturing industries. Despite their economic contributions, women frequently encountered low wages, unequal compensation, and difficult working conditions.
Utah had established labor protections before the Depression. Article XVI of the original state constitution recognized the rights of labor and required legislative action concerning industrial safety. It also addressed employment practices, prohibited certain forms of child labor, and established an eight-hour workday for public projects. Subsequent legislation expanded these protections. Laws enacted in 1911 and 1913 regulated working hours and minimum wages for women, demonstrating Utah's early participation in the national movement for labor standards.
Women also organized independently to improve employment conditions. In April 1911, approximately 2,000 people participated in a Salt Lake City demonstration supporting unionization among laundry workers. Employees at Crystal Laundry eventually secured a union agreement. Women employed by the McDonald Candy Company organized the Chocolate Dippers Union of Utah after their request for higher wages was rejected. Led by Sarah Rindfleish, the workers sought compensation of ten dollars weekly for eight-hour workdays. These disputes illustrated the economic concerns surrounding women's employment decades before the 1933 referendum.
The Great Depression intensified concerns about wages and economic security. In response, the Utah Legislature enacted Chapter 38 of the Laws of Utah in March 1933. The legislation authorized the Industrial Commission of Utah to investigate employment conditions and establish minimum wages and maximum working hours for women and minors. Legislators also questioned whether existing constitutional provisions adequately supported these regulatory powers.
On March 9, 1933, the Legislature approved House Joint Resolution 10, proposing a new section within Article XVI of the Utah Constitution. The amendment expressly authorized minimum wages for women and minors while permitting legislation concerning employee comfort, health, safety, and general welfare. It also affirmed legislative authority to delegate appropriate regulatory powers to commissions.
The distinction between constitutional authorization and statutory regulation was significant. The amendment did not establish a particular wage rate. Instead, it confirmed the Legislature's authority to enact regulations and empower administrative agencies to implement them. Its provisions concerning employee welfare extended beyond women and minors, although its specific minimum-wage authorization identified those groups.
Implementation nevertheless encountered obstacles. Although Utah enacted its minimum-wage legislation in 1933, inadequate funding delayed enforcement until 1937. The Industrial Commission subsequently established regulations for women and minors employed in retail businesses, including a minimum weekly wage of sixteen dollars and restrictions on working hours.
Employers challenged these regulations in McGrew et al. v. Industrial Commission, decided by the Utah Supreme Court on December 14, 1938. The court upheld the state's authority to regulate minimum wages and maximum hours for women and minors. Significantly, the justices concluded that the Legislature already possessed sufficient constitutional authority when it enacted the 1933 statute. The court therefore did not need to rely on retroactive application of the subsequently approved amendment.
The November 7 referendum remains historically significant because it provided explicit popular approval for expanded constitutional authority over employment conditions. Its passage reflected Utah's established labor-reform tradition while connecting the state's constitutional development to Depression-era economic policy. Through Article XVI, Section 8, Utah voters affirmed the Legislature's authority to regulate wages for women and minors and address employee welfare. The amendment became a lasting part of Utah's constitutional framework, documenting an important chapter in the relationship between workers, employers, and state government.
References / More Knowledge:
1. Utah Legislature. Constitution of the State of Utah, Article XVI, Section 8: Minimum Wage for Women and Minors—Comfort and Safety Laws.
https://le.utah.gov/xcode/ArticleXVI/UC_AXVI_S8_1800010118000101.pdf
2. 50 Constitutions. Utah Constitution, Article XVI, Section 8: Minimum Wage for Women and Minors—Comfort and Safety Laws. Historical amendment text, November 7, 1933, and election results.
https://50constitutions.org/ut/constitution/section-id-78569
3. 50 Constitutions. Amendments to the Utah Constitution. Historical discussion of the 1933 minimum-wage legislation and constitutional amendment.
https://50constitutions.org/ut/timeline
4. Murphy, Miriam B. A Look at Working Women in the Early 20th Century. History Blazer, November 1995. Utah State Historical Society, History to Go.
https://historytogo.utah.gov/post/working-women-early-20thc/
5. Supreme Court of Utah. McGrew et al. v. Industrial Commission, 96 Utah 203, 85 P.2d 608. Decided December 14, 1938.
https://law.justia.com/cases/utah/supreme-court/1938/96-utah-203.html
6. Library of Congress. From the Serial Set: The History of the Minimum Wage. In Custodia Legis, September 2020.
https://blogs.loc.gov/law/2020/09/from-the-serial-set-the-history-of-the-minimum-wage/
7. United States Government Printing Office. Labor Laws and Regulations Affecting Women. Historical federal compilation documenting state employment laws and working-hour restrictions in 1933.
https://www.govinfo.gov/content/pkg/SERIALSET-09858_00_00-003-0178-0000/pdf/SERIALSET-09858_00_00-003-0178-0000.pdf