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Constitutional Law Keyed to Choper
Adkins v. Children’s Hospital
Citation:
261 U.S. 525 (1923)Facts
In 1918, Congress passed an act establishing a three-member board to set minimum wages for women and children in the District of Columbia. The board was authorized to investigate wages, examine employer records, and establish minimum wage standards deemed necessary to supply the cost of living, maintain health, and protect morals. After investigation and public hearings, the board could issue orders requiring employers to comply with these minimum wages. Children’s Hospital employed women at wages below the board’s minimum wage order, though these rates were satisfactory to the employees. Similarly, a female elevator operator named Lyons was employed at wages below the minimum, but she considered her employment favorable and feared losing her position if the minimum wage was enforced. Both parties sought injunctions against enforcement of the board’s order, arguing it violated their constitutional right to freedom of contract under the Fifth Amendment.
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