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Lochner v. New York

District · Active active
Judge (CL)
Gary L. Sharpe
Filed (CL)
May 17, 2013
CL Status
Terminated

Legal Issues

Lochner eraConstitutional lawthank youwishlistLochner era14th Amendmentliberty of contractpolice powereconomic due processworker protectionprogressive income tax

The Facts

New York enacted a maximum-hours law for bakery workers, limiting them to 10 hours per day and 60 hours per week. Joseph Lochner was convicted for permitting an employee to work more than 60 hours in a week. He challenged the law as an interference with the liberty of contract.

The Issue

Whether a state maximum-hours law for bakers violates the Fourteenth Amendment's liberty of contract

The Rules

Fourteenth Amendment substantive due process — liberty of contract

Police power limits — health, safety, and welfare rationales

Freedom of contract as a constitutional right

The Application

History

When Lochner was convicted under the law for allowing his employee to work beyond the statutory maximum, he invoked the liberty of contract doctrine to challenge the regulation's constitutionality. The Court agreed that while New York could invoke its police power to protect health and safety, the bakery maximum-hours law failed the required test because it bore no real or substantial relationship to protecting worker health—baking did not present the dangerous conditions that would justify such paternalistic regulation of the employment relationship. Absent a genuine health justification, the state's intrusion into the freedom of employer and employee to set their own working arrangements violated the Due Process Clause.

The Conclusion

Court held 5-4 the law unconstitutional. Justice Peckham wrote for the majority. The Lochner era — aggressive protection of economic liberty — was repudiated by West Coast Hotel v. Parrish (1937).

TMR-79e37d84 May 13, 2026
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