Also known as:laborers · labourer · worker · workman
Written by attorneys · grounded in primary & secondary sources — see below
A person who performs physical work, especially manual labor requiring exertion.
Sources & Authorities
How it applies
Common Examples
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Counseling Session Privilege
Luis Lopez, a laborer at a manufacturing plant, sought counseling from a licensed social worker after witnessing a workplace accident. During the sessions he described the incident in detail. When a subpoena later sought the records, the court applied the federal psychotherapist privilege and refused disclosure because the communications occurred in the course of diagnosis and treatment.
Union Election Dispute
Logan Lane, a laborer on the assembly line at Jones & Laughlin Steel, signed a union authorization card. Management fired him for the activity. The NLRB ordered reinstatement, treating the laborer's organizing efforts as protected concerted activity under the National Labor Relations Act.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Uniform Acts
Restatements
Dictionaries
N.L.R.B. v. Jones & Laughlin Steel Corp.301 U.S. 1 (1937)
Maximum Hours Challenge
Lamar Lewis, a laborer in a New York bakery, regularly worked more than sixty hours per week. State officials prosecuted the bakery owner under a statute limiting bakers' hours. The owner challenged the law as an unconstitutional interference with freedom of contract.
Lochner v. New York198 U.S. 45 (1905)
Land Dedication Condition
Lily Lopez, a laborer who owned a small parcel adjacent to a proposed commercial development, challenged the city's demand that she dedicate a strip of her land for a bike path. The Supreme Court required the city to show a rough proportionality between the laborer's proposed use and the exaction imposed.
Florence Dolan, Petitioner v. City of Tigard, Respondent512 U.S. 374, 114 S.Ct. 2309, 129 L.Ed.2d 304
Wage and Hour Coverage
Laura Lewis, a laborer employed by a city-owned transit authority, sued for overtime under the Fair Labor Standards Act. The authority argued it was exempt as a traditional state function. The Court held that the laborer's claim was governed by federal wage standards rather than state immunity doctrines.
Garcia v. San Antonio Metropolitan Transit Authority469 U.S. 528 (1985)
Independent Contractor Status
Levi Lowe, a laborer hired by an electrical cooperative to string lines, was injured on the job. The cooperative claimed he was an independent contractor whose status was a question for the judge. The Supreme Court held that the laborer's classification presented a factual issue for the jury under state law.
Byrd v. Blue Ridge Rural Electrical Cooperative, Inc.356 U.S. 525, 537–38 (1958)
Common questions
Frequently Asked
4
How does the dictionary definition of laborer differ from the term employee?+
The dictionary defines a laborer as a person who performs physical work with great exertion. In contrast, employee status turns on the degree of control exercised by the hiring party under agency principles.
Does a laborer's wage claim receive priority in partnership dissolution?+
Yes. In winding up, unpaid wages owed to a seasonal laborer constitute a partnership obligation that must be discharged before distributions to partners or repayment of insider advances.
Can a laborer recover personally against a dissociated general partner?+
A laborer injured before dissociation may enforce a judgment against the former general partner because pre-dissociation liabilities survive absent a qualifying release.
Is a laborer bound by an LLC's failure to observe formalities?+
No. Statutory language provides that a laborer's claim against an LLC cannot be enforced against a member solely because the LLC failed to observe formalities.
381 U.S. 479 (1965)Constitutional Law
…Amendments [is] involved. The right claimed as inviolate may be stated as the right of a citizen to act as a party official or worker to further his own political views. Thus we have a measure of interference by the Hatch Act and the Rules with what otherwise would be the freedom of the civil servant under the First,…