Bunting v. Oregon
Significance, Proper Exercise Of Police Power, Impact, Related Cases
Franklin O. Bunting
State of Oregon
A 1910 Oregon labor law, limiting the number of hours an employee may work in a day and invoking an overtime wage of one-and-half times the regular wage, was unconstitutional.
Chief Lawyers for Appellant
W. Lair Thompson, C. W. Fulton
Chief Lawyers for Appellee
Felix Frankfurter, George M. Brown, J. O. Bailey
Justices for the Court
John Hessin Clarke, William Rufus Day, Oliver Wendell Holmes, Joseph McKenna (writing for the Court), Mahlon Pitney
James Clark McReynolds, Willis Van Devanter, Edward Douglass White (Louis D. Brandeis did not participate)
Date of Decision
9 April 1917
The Supreme Court held that the Oregon labor law did not violate the Fourteenth Amendment. The labor law, while limiting the number of hours a laborer could work in specific occupations, did not bar an employer from negotiating wages with employees. The Court also held that the Oregon state labor law did not exceed its constitutional limits. It upheld the Due Process Clause of the Constitution by allowing employers the freedom of contract to negotiate wages.
- National Association of Quick Printers. "Congress Turns Its Attention Toward Comp Time." Washington Wire, May 1997.
- Phillips, Michael J. "How Many Times Was Lochner-Era Substantive Due Process Effective?" Mercer Law Review, http://review.law.mercer.edu/48313.thm#text133
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- Bunting v. Oregon - Significance
- Bunting v. Oregon - Proper Exercise Of Police Power
- Bunting v. Oregon - Impact
- Bunting v. Oregon - Related Cases
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