On Labor Day, it’s useful to recall that the nation’s first
wage and hour law was enacted by Congress in 1868. Many federal projects were
funded to rebuild a war-torn nation. As recited by U.S. v. Martin (1876): “On
the 25th of June, 1868, Congress passed an act (15 Stat. 77), declaring ‘that
eight hours shall constitute a day’s work for all laborers, workmen, and
mechanics now employed, or who may hereafter be employed, by or on behalf of
the government of the United States.’”
A man named Martin filed this complaint: “From said 19th of
May, 1869, to the time of his final discharge, Oct. 15, 1872, he worked seven
hundred and fifty-two and a half calendar days, twelve hours each day, and four
hundred and thirty nine and a half calendar days, eight hours each day.” A
lower court ordered a judgment for pay in arrears totaling $1,019.49.
The U.S. Supreme Court reversed, reasoning:
In the case
before us, the claimant continued his work, after understanding that eight
hours would not be accepted as a day's labor, but that he must work twelve
hours, as he had done before. He received his pay of $2.50 a day for the work
of twelve hours a day, as a calendar day's work during the period in question, without
protest or objection. At that time ordinary laborers under the same
government received but $1.75 per day at the same place, and those engaged in
the same department with the claimant in a private establishment, at the same
place, received but $2 for a day's work of twelve hours, and the finding adds,
‘they had more work to do than the claimant had while similarly employed.’ The
claimant's contract was a voluntary and a reasonable one, by which he must now
be bound.
In other words, by not protesting or
striking, the Court reasoned he waived his right to an eight hour work day,
instead of a twelve hour work day. Did
this ruling encourage workers to be militant instead of cooperative?
No comments:
Post a Comment