The statutory definition of work was created by judges, not Congress

Evidence

The word “workweek” was undefined in the Act, and nothing in the legislative history threw any direct light on its meaning. … Thus, the definition announced in the earlier iron ore mining and coal mining cases thhit “work” as used in the word “workweek” means “physical or mental exertion (whether burdensome or not) controlled or required by the employer and pursued necessarily and primarily for the benefit of the employer and his business” was the product simply of judicial ratiocination and assertion. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 2294

Categorization

  • XREF: connects to: The mine union itself favored face-to-face pay to protect marginal mines — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 2300; Congress deliberately delegated antitrust law creation to the courts via broad statutory language — Frederick Schauer, Thinking Like a Lawyer, 273; Courts decide statutory meaning where legislative intent is genuinely ambiguous — Lawrence M. Friedman and Grant M. Hayden, American Law: An Introduction, 490 (+3 more)

Broader Connections