This section contains the nature of the case and procedural background.

The New York Act declares it to be against public policy for any employer to employ any woman at an oppressive and unreasonable wage (§ 552) defined as one which is 'both less than the fair and reasonable value of the services rendered and less than sufficient to meet the minimum cost of living necessary for health.' 'A fair wage' is one 'fairly and reasonably commensurate with the value of the service or class of service rendered.' The Act declares: 'In establishing a minimum fair wage for any service or class of service under this article the commissioner and the wage board without being bound by any technical rules of evidence or procedure (1) may take into account all relevant circumstances affecting the value of the service or class of service rendered, and (2) may be guided by like considerations as would guide a court in a suit for the reasonable value of services rendered where services are rendered at the request of an employer without contract as to the amount of the wage to be paid, and (3) may consider the wages paid in the state for work of like or comparable character by employers who voluntarily maintain minimum fair wage standards.' Violation of a mandatory order is a misdemeanor punishable by fine, imprisonment, or both. D was imprisoned and filed a writ of habeas corpus. The case made its way to the Supreme Court.

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