Bastardo v. Warren

JAMES E. DOYLE, District Judge.

Plaintiffs, adult male laborers, contend that the equal protection clause of the Fourteenth Amendment to the United States Constitution is violated by Section 104.02, Wisconsin Statutes, which provides:

“Every wage paid or agreed to be paid by an employer to any woman or minor employe, except as otherwise provided in section 104.07, shall be no less than a living-wage.”

Briefs have been submitted on these questions:(1) whether the challenged statute is entitled to a presumption of constitutionality, with an accompanying burden upon the plaintiffs to demonstrate…