The Politics of Protection: State Minimum Wage and Maximum Hours Laws for Women in the United States, 1870–1930

Abstract

This article examines the factors influencing the enactment of protective legislation for women, specifically maximum hours and minimum wage laws, by state lawmakers in the United States between 1870 and 1930. Traditional class theories of the state argue that employers are generally able to shape state policies to suit their interests. Yet, although employers staunchly opposed protective laws, most states enacted such laws. This article seeks to understand the conditions under which social groups, such as the women's reform groups who supported protective laws, are able to win legislative reforms in the face of employer resistance. Four conditions are found that allowed a gendered movement to counter the economic interests of employers: the women's groups' ability to form organizations and coalitions with powerful political actors, their use of a legitimating ideology, historically specific circumstances that reduced employer opposition, and the nature of the particular form of legislation being demanded.