An 1897 law passed in New York prohibited employers from permitting employees to work more than sixty hours a week, specifically in bakeries. Lochner was charged with violation of such law and was found guilty.
The case was heard by two state courts before being heard by the Supreme Court.
Is the 1897 law in New York, prohibiting labor hours exceeding sixty hours in bakeries, in violation of the liberty right within the 14th amendment therefore unconstitutional?
Justice Peckham- majority opinion
The majority opinion explains that employers are engaging in a contract with employees in relation to their business when setting the number of hours to work. The right to engage in such contract is protect under the 14th amendment specifically the liberty right; the liberty to engage in business contracts. Justice Peckham uses Allgeyer v. Louisiana to explain the concept of liberty. Setting work hours is understood as the purchase or sell of labor. However, Justice Peckham explains, there are instances where this liberty right can be deny under state powers. He classifies the state power as police powers consisted of maintaining safety, health, morals, or general welfare of the state. In this case, the New York law merely reflects and effectively applied the police powers of the state. The law did not
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Furthermore, he explains that there are have been instances where state laws have regulated citizen’s liberty. Such instances include Sunday laws, lottery laws, prohibition of sales of stock on margins (Otis v. Parker), and the eight hour law for miners (Holden v. Hardy). Moreover, he explains that the word liberty was used wrongfully; the breach of liberty is infringing the traditional principles of the people and the law.
Justice Harlan, joined by Justice White and Justice Day-