Employer

“ I have read a great many diatribes within the last ten years against employers, and a great many declamations about the wrongs of employés. I have never seen a defence of the employer. Who dares say that he is not the friend of the poor man? Who dares say that he is the friend of the employer? ”

“ How, in the name of all that is reasonable, can the average man take much interest in his employer or identity himself with that employer under such a state of things as the economy sanctioned by the employer has taught him? ”

“ No, sir; the shoe doesn't pinch at all. I am paid by this company for my services, paid the same as my fellow-workers are paid. If, in the course of my employment, I am able to make any improvements or to suggest improvements that will better the service, I consider that such suggestions or improvements are wholly the property of my employer. ”

“ It is equally well settled, however, that it is the duty of the employer to select and retain servants who are fitted and competent for the service, and to furnish sufficient and safe materials, machinery, or other means by which it is to be performed, and to keep them in repair and order. ”

“ The development of the employers into large corporations has rendered such personal contact and acquaintance between the responsible employer and the individual employe no longer possible in the old sense. ”

“ The Company, however, turns to the Act's definition of employer, which it contends reads foremen out of the employee class and into the class of employers. Section 2 (2) reads: 'The term 'employer' includes any person acting in the interest of an employer, directly or indirectly * * *.' 49 Stat. 450. The context of the Act, we think, leaves no room for a construction of this section to deny the organizational privilege to employees because they act in the interest of an employer. Every employee, from the very fact of employment in the master's business, is required to act in his interest. ”

“ The employer who is a master at supplying motives to people, who manages to cut down through to the quick in his employees, to the daily motives, to the hourly ideals, the hourly expectations with which they work, is the employer who already takes the lead, who is already setting the pace in the twentieth-century business world. ”

“ And the relation of master and servant exists whenever the employer retains the right to direct the manner in which the business shall be done, as well as the result to be accomplished, or, in other words, 'not only what shall be done, but how it shall be done.' Railroad Co. ”

“ A little book which a workman is compelled to keep and exhibit to each employer, in order that the latter may know who have employed him before, the new employer in turn signing his name in the book when the laborer enters his service and when he leaves it, and expressing his opinion of the laborer’s conduct. ”

“ Oftentimes the employee lived under the same roof with his employer, enjoyed the same recreations, and ate at the same table. The skilful, competent, shrewd employer gathered around him the best men in the trade. He profited greatly and his men shared in his prosperity. The invention of machinery and the great enlargement of industrial units makes such relationship between employer and employee impossible. ”

“ The unscrupulous employer is quick to see this, and soon looks upon it as the natural order of things that it should be so, and that he is quite right in treating his men in this manner, and in paying them just what wage he pleases, without thought or care whether they are able to keep body and soul together. ”

“ It ought to be the employer's ambition, as leader, to pay better wages than any similar line of business, and it ought to be the workman's ambition to make this possible. ”

“ If the laborer does not want the work longer than he contracted to give it, he can throw it up, and the employer has the same right to dispense with the laborer. The workman can choose his employer, and the employer can choose his workmen. ”

“ On the other hand, the labor organization, recognizing the strength and fair dealing of the employers’ association, is from time to time so modifying its plans and methods as to make it possible to work in harmony with the employer, and together secure results for both that have heretofore been impossible. ”

“ The employer is now generally a corporation or a huge company of some kind; the employee is one of hundreds or of thousands brought together, not by individual masters whom they know and with whom they have personal relations, but by agents of one sort or another. Workingmen are marshaled in great numbers for the performance of a multitude of particular tasks under a common discipline. They generally use dangerous and powerful machinery, over whose repair and renewal they have no control. ”

“ The person responsible for the observance of the acts is the “employer” of the “young persons” (i.e. persons under the age of eighteen years) , whose hours are limited, and of the “female assistants” for whom seats must be provided. Neither the term “employer” nor “shop assistant” (used in the title of the act of 1899) is defined; but other terms have the meaning assigned to them in the Factory and Workshop Act 1878. ”

“ The employer is bound merely to the exercise of reasonable care in providing his employee with a safe place in which to work, with proper and adequate tools, appliances and machinery, and with fellow-employees competent for the tasks to which they are assigned. ”

“ The rank and, file, too, get the splendid training that is conferred when persons actually and not merely nominally work together for a common end. Their introduction to the great problems of labor is through their practical understanding and handling of those problems as they encounter them in the everyday difficulties of the shop and the factory and as dealt with when they come up before the union meeting or have to be settled in bargaining with an employer. ”

“ The term 'labor organization' is defined by § 2 (5) of the Act, which says:
'The term 'labor organization' means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.' 29 U.S.C. § 152 (5) , 29 U.S.C.A. § 152 (5) . ”

“ The work promised was what of all others he coveted; the salary, with the casually-thrown in addition of board and lodging, seemed like affluence; his employer was a gentleman, and the opportunities of study and self-improvement were such as fall to the lot of few. ”

“ They hold to the companies only the ordinary relation of employee to employer. They may be looked upon as candidates for admission into the permanent service—they are on probation. So long as they are on probation they may be engaged and discharged at pleasure. ”

“ Each must have a book in which the employer can read the date of birth, place of birth, the occupation of parents, the character of the employe, the recommendation or condemnation of the last employer. ”

“ Scientific management, on the contrary, has for its very foundation the firm conviction that the true interests of the two are one and the same; that prosperity for the employer cannot exist through a long term of years unless it is accompanied by prosperity for the employee, and vice versa; and that it is possible to give the workman what he most wants—high wages—and the employer what he wants—a low labor cost—for his manufactures. ”

“ First, against the employer, and seeks to regulate the wages and hours in the special craft, to make special arrangements with respect to the conduct of business, sanitary conditions, lighting, method of collecting wages and a host of other matters which necessarily arise in the course of the production of commodities. ”

“ B, an employer of limited means, with a natural gift for cooking considered as a fine art, takes an inexperienced girl from Castle Garden and teaches her after long training something of her own skill. She pays fair wages, which are considered entirely satisfactory by the employee in view of the instruction she has received. ”

“ The question may here be asked, are those relations which ought to subsist between the employer and employed, honestly attended to? Does property discharge its duties to those by whose arm it is rendered productive? ”

“ And yet, my boy, there are many in the world, with larger responsibilities than yours are at present; think, for instance, of a great employer of labour who has to decide great things, affecting, perhaps, the welfare of both his employés and his business. ”

“ You have noticed that where you put three employes to do the work formerly done by two, it is almost impossible—if you take the employe's word—to get two employes to do the work after three have been doing it.
The work should push the employe. The employer should get full capacity of his employes. ”

“ To take this last point first:—an employer of other kinds of labour has a right to expect good service in return for the pay agreed upon, while it is not clear that he has a right to expect the same thing in domestic service. Every agricultural labourer, every carpenter, blacksmith, or other artisan has received an express training for his business. ”

“ If the work was prepared by an employee, whether it is a work made for hire depends on (1) control by the employer over the work, such as whether the work was prepared at the employer’s location, whether the employer determined how the work was done, and whether the employer provided equipment or other means that supported the creation of the work ”

“ The heads of employment security agency and the public vocational training institute shall, when requested by employer, workers’ representative or trade union to support for such employment managerial practice as recruitment, hiring or assignment, development of vocational Skills, promotion and wage system, etc., for workers, provide necessary supports in counselling and guidance, etc., using the employment information. ”

“ “There is this difference— where a man works for himself, or where, when working for an employer, he takes his wages in kind, his wages depend upon the result of his labor. Should that, from any misadventure, prove futile, he gets nothing. When he works for an employer, however, he gets his wages anyhow—they depend upon the performance of the labor, not upon the result of the labor.” ”

“ They shall attend faithfully to their work, and willingly obey the directions given by the employer, or the person appointed by him. No laborer shall presume to dictate what work he or she is to do, or refuse the work he may be ordered to perform, unless expressly [Pg 320] engaged for some particular work only. ”

“ In many cases a conclusion by the Board that the employer's acts are likely to help or hurt a union will be so compelling that a further and separate finding characterizing the employer's state of mind would be an unnecessary and fictive formality. ”

“ One who employers three or more workers is declared to have elected to be subject to the act unless he has indicated the contrary; and, generally, where he has not given notice to the contrary, an employee is subject to the act whenever the employer is. ”

“ If you are a Workman, or Labourer, or Operative, you can Ask, or Bequest, or Solicit your employer to Yield, or Grant, or Concede, an increase in the Earnings, or Wages, or Remuneration which fall to the lot of your Fellow, or Companion, or Associate. Your employer is perhaps Old, or Veteran, or Superannuated, which may Hinder, or Delay, or Retard the success of your application. ”

“ An “employee,” for purposes of the work made for hire doctrine, is any person who acts under an employer’s direction and supervision. See, e.g., Evans Newton, Inc. v. Chicago Systems Software, 793 F.2d 889, 894 (7th Cir.) ”

“ Through the initiative of this larger type of employer, or manager of capital, many hundreds of thousands both men and women and in continually increasing numbers, are being thus benefited—outside and above their yearly wage or salary. ”

“ Under it each one, male or female, can choose what work he will try to do and what employer he will try to serve; if he does not like his job or his employer, he can leave it or him and try to get another. ”

“ So with the engineer, the surveyor, the accountant, or the technician generally, who has to maintain standards of service and of efficiency against the bias of profit-making. So with the manager, the secretary, or the officer of a corporation — for here business as- sumes most nearly the aspect of a profession — who has to reconcile the trust imposed on him by his employers with the duty he owes to himself and to those whose service he in turn controls. ”

“ Truax doesn’t, but you do know—that the whole office system makes pale, timid, nervous people out of all the clerks—”
“But, good heavens! child, the employers have just as hard a time. Talk about being nervous! Take it in our game. The salesman does the missionary work, but the employer is the one who has to worry. Take some big deal that seems just about to get across—and then falls through just when you reach for the contract and draw a breath of relief. ”

“ The ideal for every employee, therefore, is that he should be employed in that position which he is best fitted to fill, doing work which by natural aptitudes, training, and experience he is best qualified to do, and working under conditions of material environment—tools, rates of pay, hours of labor, and periods of rest, superintendence and management, future prospects, and education—which will develop and make useful to himself and his employer his best and finest latent abilities and capacities. ”