Adams v. Tanner
Encyclopedia
Adams v. Tanner, 244 U.S. 590
(1917), is a US Supreme Court case, which held that a Washington state law that prohibited employment agencies was unconstitutional.
The constitutionality of the law was challenged.
In this period the practice of charging destitute workers upfront fees for finding work was widespread. People might give up their last pennies for the chance of work. Sometimes, agencies made no effort to place the worker, or the work would last a few days and the employer would then split the next fee with the agent to bring in fresh replacements. Justice Brandeis cited from a report to a 1912 Congress Committee.
Mr Justice Holmes and Mr Justice Clarke concurred.
's first ever Recommendation took on the views of Justice Brandeis. The Unemployment Recommendation, 1919 (No.1), Art. 1 called for each member to,
The Unemployment Convention, 1919, Art. 2 instead required the alternative of,
In 1933 the Fee-Charging Employment Agencies Convention (No.34)
formally called for abolition. The exception was if the agencies were licensed and a fee scale was agreed in advance. In 1949 a new revised Convention (No.96)
was produced. This kept the same scheme, but secured an ‘opt out’ (Art.2) for members that did not wish to sign up. Agencies were an increasingly entrenched part of the labor market. The United States did not sign up to the Conventions. The latest Convention, the Private Employment Agencies Convention, 1997
takes a much softer stance and calls merely for regulation.
Doubt was placed on the leading dicta of Adams v. Tanner in Olsen v. State of Nebraska, 313 U.S. 236 (1941), and Lincoln Union v. Northwestern Co., 335 U.S. 525, 535 (1949). In the latter, Mr Justice Black said that Adams v. Tanner was part of the "constitutional philosophy" that struck down minimum wage
s and maximum working hours.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1917), is a US Supreme Court case, which held that a Washington state law that prohibited employment agencies was unconstitutional.
Facts
Washington state attempted to pass a law, supported by the then Federal Department of Labor, to prohibit private employment agencies charging fees to people seeking work. It read as follows,The constitutionality of the law was challenged.
Majority
Chief Justice White, Justices Day, Van Devanter, Pitney and McReynold held that a ban would breach the principle of due process of law in the deprivation of liberty and property. The ban was arbitrary and oppressive. Mr Justice Reynold said,"there is nothing inherently immoral or dangerous to public welfare in acting as paid representative of another to find a position in which he can earn an honest living. On the contrary, such service is useful, commendable, and in great demand." (at 593)
Dissent
Justice Brandeis (with whom Justice Holmes, Clarke and McKenna dissented) laid out in his dissenting judgment why employment agency activities were a legitimate concern. He highlighted sources from US Labor Department giving examples of abuse, attempts in over thirty states to regulate and have free public agencies compete. He stated how all methods short of abolition had ultimately failed (601-9).In this period the practice of charging destitute workers upfront fees for finding work was widespread. People might give up their last pennies for the chance of work. Sometimes, agencies made no effort to place the worker, or the work would last a few days and the employer would then split the next fee with the agent to bring in fresh replacements. Justice Brandeis cited from a report to a 1912 Congress Committee.
Mr Justice Holmes and Mr Justice Clarke concurred.
International Labour Organization policy
Probably inspired by the dissenting judgments in this case, the International Labour OrganizationInternational Labour Organization
The International Labour Organization is a specialized agency of the United Nations that deals with labour issues pertaining to international labour standards. Its headquarters are in Geneva, Switzerland. Its secretariat — the people who are employed by it throughout the world — is known as the...
's first ever Recommendation took on the views of Justice Brandeis. The Unemployment Recommendation, 1919 (No.1), Art. 1 called for each member to,
"take measures to prohibit the establishment of employment agencies which charge fees or which carry on their business for profit. Where such agencies already exist, it is further recommended that they be permitted to operate only under government licenses, and that all practicable measures be taken to abolish such agencies as soon as possible."
The Unemployment Convention, 1919, Art. 2 instead required the alternative of,
"a system of free public employment agencies under the control of a central authority. Committees, which shall include representatives of employers and workers, shall be appointed to advise on matters concerning the carrying on of these agencies."
In 1933 the Fee-Charging Employment Agencies Convention (No.34)
Fee-Charging Employment Agencies Convention, 1933 (shelved)
Fee-Charging Employment Agencies Convention, 1933 is an International Labour Organization Convention.It was established in 1933:Having decided upon the adoption of certain proposals with regard to fee-charging employment agencies,......
formally called for abolition. The exception was if the agencies were licensed and a fee scale was agreed in advance. In 1949 a new revised Convention (No.96)
Fee-Charging Employment Agencies Convention (Revised), 1949
Fee-Charging Employment Agencies Convention , 1949 is an International Labour Organization Convention.It was established in 1949, with the preamble stating:...
was produced. This kept the same scheme, but secured an ‘opt out’ (Art.2) for members that did not wish to sign up. Agencies were an increasingly entrenched part of the labor market. The United States did not sign up to the Conventions. The latest Convention, the Private Employment Agencies Convention, 1997
Private Employment Agencies Convention, 1997
Private Employment Agencies Convention, 1997 is an International Labour Organization Convention.It was established in 1997, with the preamble stating:...
takes a much softer stance and calls merely for regulation.
Supreme Court policy
In Ribnik v. McBride, 277 U.S. 350 (1928), the Court struck down a similar New Jersey law attempting to regulate agencies, Justices Stone, Brandeis and Holmes dissenting. This is probably no longer good law.Doubt was placed on the leading dicta of Adams v. Tanner in Olsen v. State of Nebraska, 313 U.S. 236 (1941), and Lincoln Union v. Northwestern Co., 335 U.S. 525, 535 (1949). In the latter, Mr Justice Black said that Adams v. Tanner was part of the "constitutional philosophy" that struck down minimum wage
Minimum wage
A minimum wage is the lowest hourly, daily or monthly remuneration that employers may legally pay to workers. Equivalently, it is the lowest wage at which workers may sell their labour. Although minimum wage laws are in effect in a great many jurisdictions, there are differences of opinion about...
s and maximum working hours.
See also
- List of United States Supreme Court cases, volume 244
- United Kingdom agency worker lawUnited Kingdom agency worker lawUnited Kingdom agency worker law refers to the law which regulates people's work through employment agencies in the United Kingdom. Though statistics are disputed, there are currently between half a million and one and a half million agency workers in the UK, and probably over 17,000 agencies...
- Temporary workTemporary workTemporary work or temporary employment refers to a situation where the employee is expected to leave the employer within a certain period of time. Temporary employees are sometimes called "contractual", "seasonal", "interim", "casual staff", "freelance", or "part-time"; or the word may be shortened...
- Brazee v. Michigan,
External links
- Full text of the judgment from Justia.com