Fair Labor Standards Act of 1938

Fair Labor Standards Act of 1938
Shorttitle	Fair Labor Standards Act of 1938
Longtitle	An Act to provide for the establishment of fair labor standards in employments in and affecting interstate commerce
Enactedby	73rd United States Congress
Citations	Public Law 75-718
Effective	October 24, 1938
Admincode	29 CFR Part 570

Fair Labor Standards Act of 1938 was a landmark legislation passed by the 73rd United States Congress and signed into law by Franklin D. Roosevelt on June 25, 1938. The law was designed to protect the rights of workers in the United States, particularly in industries engaged in interstate commerce, and was influenced by the National Industrial Recovery Act of 1933 and the National Labor Relations Act of 1935. The Supreme Court of the United States played a crucial role in shaping the law, with notable cases such as West Coast Hotel Co. v. Parrish and National Labor Relations Board v. Jones & Laughlin Steel Corporation. Key figures like Frances Perkins, the United States Secretary of Labor, and John L. Lewis, the president of the United Mine Workers of America, were instrumental in the law's passage.

Introduction

The Fair Labor Standards Act of 1938 was a response to the harsh working conditions and low wages faced by many workers in the United States during the Great Depression. The law was influenced by the Progressive Era and the New Deal policies of Franklin D. Roosevelt, which aimed to reform the United States economy and protect the rights of workers. The law was also shaped by the experiences of workers in industries such as textile manufacturing, coal mining, and steel production, where workers often faced long hours, low wages, and poor working conditions. Organizations like the American Federation of Labor and the Congress of Industrial Organizations played a significant role in advocating for workers' rights, while notable figures like Eleanor Roosevelt and Norman Thomas were vocal supporters of labor reform.

History

The Fair Labor Standards Act of 1938 was the result of a long process of labor reform that began in the early 20th century. The law was influenced by the National Child Labor Committee, which was founded in 1904 to advocate for the abolition of child labor. The law was also shaped by the Triangle Shirtwaist Factory fire of 1911, which highlighted the need for better working conditions and labor protections. The National Industrial Recovery Act of 1933 and the National Labor Relations Act of 1935 laid the groundwork for the Fair Labor Standards Act, which was introduced to Congress by Franklin D. Roosevelt in 1937. The law was supported by key figures like Robert F. Wagner, the United States Senator from New York, and Claude Pepper, the United States Senator from Florida. The law was also influenced by international labor standards, such as those established by the International Labour Organization.

Provisions

The Fair Labor Standards Act of 1938 established several key provisions to protect the rights of workers. The law set a minimum wage of $0.25 per hour for most employees engaged in interstate commerce, which was later increased to $0.40 per hour in 1945. The law also established a maximum workweek of 44 hours, which was later reduced to 40 hours in 1940. The law prohibited the employment of children in certain occupations, such as mining and manufacturing, and established rules for the employment of youth in other industries. The law also required employers to pay overtime to employees who worked more than 40 hours per week, with notable exceptions for certain industries like agriculture and transportation. The law was enforced by the Wage and Hour Division of the United States Department of Labor, which was established in 1938.

Amendments

The Fair Labor Standards Act of 1938 has been amended several times since its passage. The law was amended in 1940 to reduce the maximum workweek to 40 hours and to increase the minimum wage to $0.40 per hour. The law was also amended in 1945 to increase the minimum wage to $0.60 per hour and to expand the law's coverage to include more employees. The law was amended in 1961 to increase the minimum wage to $1.00 per hour and to establish rules for the employment of migrant workers. The law was also amended in 1966 to increase the minimum wage to $1.40 per hour and to expand the law's coverage to include more employees. Notable amendments include the Fair Labor Standards Amendments of 1974 and the Fair Labor Standards Amendments of 1985, which were signed into law by Richard Nixon and Ronald Reagan, respectively.

Impact

The Fair Labor Standards Act of 1938 has had a significant impact on the lives of workers in the United States. The law has helped to reduce the number of workers who are employed in low-wage jobs and has increased the number of workers who are eligible for overtime pay. The law has also helped to improve working conditions and reduce the number of workers who are injured on the job. The law has been influential in shaping labor laws in other countries, such as Canada and Australia, and has been cited as a model for labor reform by organizations like the International Labour Organization. The law has also been the subject of numerous court cases, including Oregon v. Mitchell and Garcia v. San Antonio Metropolitan Transit Authority, which have helped to clarify the law's provisions and expand its coverage.

Enforcement

The Fair Labor Standards Act of 1938 is enforced by the Wage and Hour Division of the United States Department of Labor. The division is responsible for investigating complaints of wage and hour violations and for bringing enforcement actions against employers who violate the law. The division also provides guidance to employers and employees on the law's provisions and helps to resolve disputes between employers and employees. The law is also enforced by the National Labor Relations Board, which is responsible for investigating complaints of unfair labor practices and for bringing enforcement actions against employers who violate the law. The law has been enforced in numerous cases, including Donovan v. Grim Hotel Company and McLaughlin v. Richland Shoe Company, which have helped to establish the law's provisions and expand its coverage. The Occupational Safety and Health Administration also plays a critical role in enforcing the law's provisions related to workplace safety and health.

Category:United States labor law