Home › Forums › Life Stories › Some thoughts on Labor Day › Reply To: Some thoughts on Labor Day
CTL,
1. At that time it was a voluntary contractual arrangement. Under the “Lochner” doctrine it would have been unconstitutional to impose it by law.
2. Unless he had his own firm Shabbat was also an issue for professionals as offices were open at least a half day on Sat (as are banks and post offices today). Even if officially there was a five-day work week many employees expected such employees to come in. Even though he was on the Harvard Law Review Nat Lewin could not find a job with a firm. Finally Justice John Harlan agreed that he could work on Sun instead. Even today, there is a loophole in the non-discrimination law for employers who can prove that accommodations would harm their businesses.
3. Even with a five-day work week there are issues on Fri during the winter. Not to mention Yom Tov. In fact, I once read about a woman who was fired for taking off from her bank job on the first two days of Sukkot. The non-observant Jewish officers told her boss that it is only a minor holiday.