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Fair Labor Standards Act

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Fair Labor Standards Act
ShorttitleFair Labor Standards Act of 1938
LongtitleAn Act to provide for the establishment of fair labor standards in employments in and affecting interstate commerce, and for other purposes.
Enacted by75th
Effective dateOctober 24, 1938
Cite public law75-718
IntroducedinHouse
Passedbody1House
Passedbody2Senate
SignedpresidentFranklin D. Roosevelt
SigneddateJune 25, 1938

Fair Labor Standards Act. Enacted in 1938, this landmark federal statute established foundational labor standards for the United States. Championed by President Franklin D. Roosevelt and Secretary of Labor Frances Perkins, it was a cornerstone of the New Deal aimed at combating the economic hardships of the Great Depression. The legislation fundamentally reshaped the American workplace by introducing a national minimum wage, mandating overtime pay, and setting restrictions on child labor.

Overview and history

The push for federal labor standards gained momentum during the Progressive Era, with early efforts like the Keating–Owen Act of 1916 being struck down by the Supreme Court of the United States. The economic devastation of the Great Depression created a political environment ripe for reform, as part of Franklin D. Roosevelt's broader New Deal agenda. Key figures such as Frances Perkins, Hugo Black, and William P. Connery Jr. were instrumental in drafting and advocating for the bill. Its passage followed significant political compromise and survived a constitutional challenge in the 1941 case United States v. Darby Lumber Co., which affirmed federal power under the Commerce Clause.

Major provisions

The act established a federal minimum wage, initially set at 25 cents per hour, which has been increased numerous times by acts of United States Congress. It requires employers to pay a premium rate, specifically time-and-a-half, for hours worked beyond 40 in a workweek. The statute also includes strict regulations on "oppressive child labor," prohibiting the employment of minors in hazardous occupations and restricting work hours for those under 16. These core provisions are administered and interpreted by the Wage and Hour Division of the United States Department of Labor.

Coverage and exemptions

Coverage is based on an employee's engagement in interstate commerce or work for an enterprise engaged in commerce, as defined by the act and subsequent rulings like Wirtz v. W. B. Jones Lumber Co.. However, the law contains several exemptions. Notable exemptions include executive, administrative, and professional employees, often referred to as "white-collar" exemptions. Other exempt categories include certain seasonal amusement employees, workers on small farms, and employees of specific transportation carriers regulated by other statutes like the Motor Carrier Act of 1935. The Agricultural Workers Protection Act addresses some, but not all, excluded farmworkers.

Enforcement and penalties

Primary enforcement authority lies with the Wage and Hour Division of the United States Department of Labor. The division conducts investigations, recovers back wages, and can seek injunctions against violators. Employees may also file private lawsuits to recover unpaid wages, liquidated damages, and attorney's fees. Willful violations can result in civil money penalties and, in rare cases, criminal prosecution. Significant enforcement actions and legal interpretations often arise from cases litigated in federal courts, such as the Supreme Court of the United States decision in Christensen v. Harris County.

Impact and legacy

The act dramatically reduced the prevalence of sweatshop conditions and child labor in many industries, raising the standard of living for millions of American workers. It served as a model for subsequent labor legislation, including the Equal Pay Act of 1963 and the Age Discrimination in Employment Act of 1967. Debates over the adequacy of the federal minimum wage, the scope of exemptions, and enforcement priorities continue in Congress, state legislatures like the California State Legislature, and within agencies such as the National Labor Relations Board. Its principles remain central to the modern American social safety net and labor policy.

Category:United States federal labor legislation Category:New Deal