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Administrative Law Keyed to Seamon
National Labor Relations Board v. Hearst
Citation:
322 U.S. 111 (1944)Facts
The case involved newsboys who sold four Los Angeles daily newspapers (Los Angeles Times, Los Angeles Examiner, Los Angeles Evening Herald and Express, and the News) on the streets of Los Angeles. These vendors, despite being called “boys,” were generally mature men who depended on their sales for their livelihood and often supported families. They worked regularly at fixed locations or “spots” assigned by the publishers’ district managers. The publishers controlled many aspects of the newsboys’ work: they fixed the buying and selling prices of papers, determined the newsboys’ territories, supervised their hours and conduct, provided sales equipment, and could discipline or dismiss them. The newsboys’ compensation consisted of the difference between the price at which they sold papers and the price they paid for them. The NLRB found that these newsboys were an integral part of the publishers’ distribution system and determined they were “employees” under the National Labor Relations Act. The publishers contended that the newsboys were independent contractors under common law standards and therefore not covered by the Act.
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