Labor and the Law

The workers in American industry got little help from the law in the struggle to feed, clothe, and house themselves and their families until well into the 20th century. In theory, each worker had the same legal freedom of contract that employers enjoyed; that is, the worker was fully entitled to decide when he or she would accept or reject work. This idea had evolved in a much simpler agricultural society where it made good sense. In practice, though, employers by far held the upper hand, since they were not usually pressed by economic need and could simply tell their workers to “take it or leave it.” “It” often meant long hours, low wages, and dangerous working conditions, as well as grossly unfair agreements. According to the traditional law of servant and master, the worker accepted whatever conditions went along with employment and had no legal grounds to seek relief. Those workers who thought that unions might help came up against the conspiracy law, which forbade suc...