The Labor Laws of 1903 on Trial
A Seattle department store manager faces charges for forcing female employees to work 12-hour days, sparking a legal debate over 'free will' and labor rights.
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In Judge Cann’s court, A. G. Buchanan, manager of the Bon Marche in Seattle, was found not guilty of the charge filed against him by State Labor Commissioner William Blackman for violating the female employment law, which limits the hours of female employees to ten a day. The specifications under the charge were that he required Miss M. F. Sweige, a saleswoman, to work in the store for twelve hours on July 3. Testimony showed that the employees generally worked twelve hours that day, but the defense argued they did so of their own free will without fear of losing their positions. Fourteen employees testified for the defense. Mr. Blackman stated the store was among those that make a business of violating the law, a claim Mr. Buchanan denied, asserting that the extra work was voluntary and compensated by a holiday on July 4.
“The defense introduced several witnesses to testify that they were not required to do so, but did so of their own free will and accord.”
This 1903 trial highlights the enduring friction between labor protections and the 'voluntary' overtime practices used by retailers to bypass wage and hour laws. The employer's argument that workers chose to work long hours under no threat remains a common defense in modern labor disputes regarding gig economy work and salaried overtime.
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