. -
THE ORNEY GENERAL
OF XAS
FVILL WILSON
A-RNEYGENERAL
July 24, 1962
Honorable R. B. Iattlng Opinion No. WW-1394
Commissioner
Bureau of Labor Statistics Re: Construction of the term
Austin, Texas "calendar week" as used
in Article 5172a, Vernon's
Dear Mr. Latting: Civil Statutes.
You have requested an opinion from this office upon the
question of:
"Does the term 'calendar week' as used In
the statute Grtlcle 5172a, Vernon's Civil
Statuteg mean the period Sunday thmugh Satur-
day as registered on the calendar, or does the
term 'calendar week' mean a fixed and regularly
recurring period of 168 hours - seven consecu-
tive 2&-hour periods?"
Section 1 of Article 5172a, Vernon's Civil Statutes,
reads in part as follows:
"No female shall be employed In any factory
or any other establishment, institution or
enterprise where females are employed, for more
than nine (9) hours in any one calendar day, nor
more than fifty-four (54) hours In any one calen-
dar week." (Emphasis added)
A review of Article 5172a reveals that the term "calendar week"
appears in like manner throughout the statute.
While there have been no cases before the appellate
courts of this State construing the term "calendar week" as
used in Article 5172a, or otherwise, there have been cases be-
fore the appellate courts of other jurisdictions dealing with
the interpretation to be placed upon the term "calendar week,"
and in one instance In a situation where there was Involved a
statute substantially identical to Article 5172a.
In the case of Chrysler Corporation v. State, 163 A.2d
239 (Del.Sup. 1960), the Supreme Court of Delaware had before it
an appeal from a conviction Involving violations of a statute
- ,
Honorable R. B. Latting, Page 2. (ww-1394)
regulating the laws of employment of female workers. The stat-
ute involved is set forth as follows:
II
. . . no female shall be employed or per-
mitted to work in an establishment or office to
which this chapter applies, more than 6 days in
any one calendar week, nor more than 10 hours in
any o?e day, or more than 55 hours in any week.
. . . (Emphasis added)
The Court in its opinion stated that the sole question raised
by the appeal was:
I,
. . . whether the words 'calendar week' and
'week', as the same are used in the statute regu-
lating the maximum hours of work of female employ-
ees, shall be interpreted as meaning a week begin-
ning at 12:00 P. M. Saturday night and ending at
12:OO P. M. the following Saturday night, or any
period of seven days."
The Court further held in its opinion that:
"We think that the language of the statute is
clear and needs no construction. It is not dis-
puted that absent any language therein requiring
a contrary construction or showing a contrary in-
tent, the words 'calendar week' must be construed
to mean a week beginning at midnight on Saturday
and ending at midnight on the following Saturday.
Sanborn,.Cal.Ad
Sonoma County v.
419; Syverson v. Saffer, Misc., 1E0 N.Y.S.2d 774,
affirmed 1 A.D.2d 897, 150 N.Y.S.2d 551; Scilley
v. Red Lodge-Rosebud Irr.Dist., 83 Mont. 282, 272
P. 543; King County v. City of Seattle, 7 Wash.2d
236, log P.2d 530. . . .'I (Emphasis added)
Black's Law Dictionary, Fourth Edition, 1951, defines
"calendar week" as:
"A block of seven days registered on calen-
dar beginning with Sunday and ending with Satur-
day."
Webster's New International Dictionary, Second Edi-
tion, 1938, defines "calendar week" as:
"A period of seven days, usually reckoned
from one Sabbath or Sunday to the next."
Honorable R. B. Latting, page 3. (WW-13~94)
39 Tex.Jur., 197, Statutes, 8105 provides that:
"One of the primary and settled rules of con-
struction is that words In common use, when con-
tained in a statute, will be read according to their
natural, ordinary and popular meaning, unless a con-
trary intention is clearly apparent from the context,
or unless there is some necessity, In a particular
case, for adopting a different construction. . . ."
See also, Article 10, Vernon's Civil Statutes.
In view of the court decisions heretofore cited and
the customary usage of the term "calendar week," we are of the
opinion that the term "calendar week," as used in Article 5172a,
refers to a period of time of seven (7) days commencing at
12:00 P.M. on a Saturday night and ending at 12:00 P.M. on the
following Saturday night.
SUMMARY
The term "calendar week," as used In Article
5172a, Vernon's Civil Statutes, refers to a period
of time of seven (7) days commencing at 12:00 P.M.
on Saturday night and ending at 12:00 P.M. on the
following Saturday night.
Yours very truly,
WILL WILSON
Attorney General of Texas
BY
Pat Bailey
PB:wb:zt Assistant
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Robert Rowland
Charles Lind
Robert Patterson
Fred D.Ward
REVIEWED FOR THE ATTORNEY GENERAL
BY: Leonard Passmore