Sunday, November 13, 2016

Beware “Freedom” from Courts

Courts in the early 1900s used “freedom of contract” to overturn state laws that prohibited child labor and set maximum limits on number of hours worked in a week (e.g., 60 hours). A leading case in 1905 (Lochner  v. N.Y.) struck down a law that was meant to protect employees from employer pressure to work under unsafe conditions. The Supreme Court said: “The freedom of master and employee to contract with each other in relation to their employment … cannot be prohibited or interfered with.”
We will likely see a 21st century version of this “freedom” concept because the Trump administration is drawing its intellectual content from the Heritage Foundation.

Why is “freedom” in quotes here? If an employer requires an employee to work six days per week for 12 hours a day (as was the case in Lochner)—or face termination— is that really freedom? Or is it a false choice?

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