| Author | : United States. National Labor Relations Board. Office of the General Counsel |
| Publisher | : U.S. Government Printing Office |
| Total Pages | : 68 |
| Release | : 1997 |
| Genre | : Law |
| ISBN | : |
Coercion, Contract, and Free Labor in the Nineteenth Century
| Author | : Robert J. Steinfeld |
| Publisher | : Cambridge University Press |
| Total Pages | : 348 |
| Release | : 2001-02-05 |
| Genre | : Business & Economics |
| ISBN | : 9780521774000 |
This book presents a fundamental reassessment of the nature of wage labor in the nineteenth century, focusing on the common use of penal sanctions in England to enforce wage labor agreements. Professor Steinfeld argues that wage workers were not employees at will but were often bound to their employment by enforceable labor agreements, which employers used whenever available to manage their labor costs and supply. In the northern United States, where employers normally could not use penal sanctions, the common law made other contract remedies available, also placing employers in a position to enforce labor agreements. Modern free wage labor only came into being late in the nineteenth century, as a result of reform legislation that restricted the contract remedies employers could legally use.
Rehabilitating Lochner
| Author | : David E. Bernstein |
| Publisher | : University of Chicago Press |
| Total Pages | : 204 |
| Release | : 2011-05-15 |
| Genre | : History |
| ISBN | : 0226043533 |
In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background of Lochner v. New York. This 1905 decision invalidated state laws limiting work hours and became the leading case contending that novel economic regulations were unconstitutional. Sure to be controversial, Rehabilitating Lochner argues that the decision was well grounded in precedent—and that modern constitutional jurisprudence owes at least as much to the limited-government ideas of Lochner proponents as to the more expansive vision of its Progressive opponents. Tracing the influence of this decision through subsequent battles over segregation laws, sex discrimination, civil liberties, and more, Rehabilitating Lochner argues not only that the court acted reasonably in Lochner, but that Lochner and like-minded cases have been widely misunderstood and unfairly maligned ever since.
In the Name of Liberty
| Author | : Mark R. Reiff |
| Publisher | : Cambridge University Press |
| Total Pages | : 431 |
| Release | : 2020-04-30 |
| Genre | : Political Science |
| ISBN | : 1108853137 |
For years now, unionization has been under vigorous attack. Membership has been steadily declining, and with it union bargaining power. As a result, unions may soon lose their ability to protect workers from economic and personal abuse, as well as their significance as a political force. In the Name of Liberty responds to this worrying state of affairs by presenting a new argument for unionization, one that derives an argument for universal unionization in both the private and public sector from concepts of liberty that we already accept. In short, In the Name of Liberty reclaims the argument for liberty from the political right, and shows how liberty not only requires the unionization of every workplace as a matter of background justice, but also supports a wide variety of other progressive policies.
Law and the Shaping of the American Labor Movement
| Author | : William E. Forbath |
| Publisher | : Harvard University Press |
| Total Pages | : 231 |
| Release | : 2009-07-01 |
| Genre | : Law |
| ISBN | : 0674037081 |
Why did American workers, unlike their European counterparts, fail to forge a class-based movement to pursue broad social reform? Was it simply that they lacked class consciousness and were more interested in personal mobility? In a richly detailed survey of labor law and labor history, William Forbath challenges this notion of American “individualism.” In fact, he argues, the nineteenth-century American labor movement was much like Europe’s labor movements in its social and political outlook, but in the decades around the turn of the century, the prevailing attitude of American trade unionists changed. Forbath shows that, over time, struggles with the courts and the legal order were crucial to reshaping labor’s outlook, driving the labor movement to temper its radical goals.
Private Government
| Author | : Elizabeth Anderson |
| Publisher | : Princeton University Press |
| Total Pages | : 222 |
| Release | : 2019-04-30 |
| Genre | : Philosophy |
| ISBN | : 0691192243 |
Why our workplaces are authoritarian private governments—and why we can’t see it One in four American workers says their workplace is a “dictatorship.” Yet that number almost certainly would be higher if we recognized employers for what they are—private governments with sweeping authoritarian power over our lives. Many employers minutely regulate workers’ speech, clothing, and manners on the job, and employers often extend their authority to the off-duty lives of workers, who can be fired for their political speech, recreational activities, diet, and almost anything else employers care to govern. In this compelling book, Elizabeth Anderson examines why, despite all this, we continue to talk as if free markets make workers free, and she proposes a better way to think about the workplace, opening up space for discovering how workers can enjoy real freedom.
Lochner V. New York
| Author | : Paul Kens |
| Publisher | : |
| Total Pages | : 240 |
| Release | : 1998 |
| Genre | : Business & Economics |
| ISBN | : |
On the case of Joseph Lochner, a baker in Utica, N.Y., charged in 1901 with violating the New York Bakeshop Act of 1895 by requiring an employee to work more than 60 hours in one week.
