“To suffer or permit to work”

The Uncertain Hour

This week we’re finally going to tell you what happened to Jerry Vazquez — and how his story relates to the 1930s case of a hotel chambermaid. Jerry and some of his fellow Jan-Pro franchisees decided to sue the company, saying they’d been misclassified as independent contractors when they should have been employees (and entitled to minimum wage, over time, and other protections). But the argument over what defines an employee has a long and strange legal history. So, we’ll dive in and explore the origins of the federal minimum wage, why lawmakers wrote the law as broadly as they did, whom it applied to and whom it excluded. And we’ll tell you about this odd but powerful phrase, “to suffer or permit to work,” that’s at the heart of lawsuits like Jerry’s.

For even more of “The Uncertain Hour,” subscribe to our newsletter! Each week we’ll bring you a note from host Krissy Clark and explain some terms that have come up in our reporting. This week we’re looking at “misclassification.”