Fair labor standards act united states 1938 britannica. Uniform title fair labor standards act of 1938 edition rev. Fair labor standards act of 1938 labor law attorneys. The revised regulations are intended to provide a clearer understanding of coverage under the act and to ensure that the flsas intended overtime protections are fully implemented. It also prohibits employment of minors in oppressive child labor. The fair labor standards act of 1938 8 child labor the issue of child labor was one of the original catalysts for the passage of the fair labor standards act. Which workers in the net fishing industry does the flsa apply. Four years of the fair labor standards act of 1938. The fair labor standards act is the law that sets the hourly minimum wage a workers supposed to receive and the maximum number of hours per week heshe is required to work. Office of personnel management opm proposes to revise the regulations issued under the fair labor standards act of 1938, as amended flsa or act. The fair labor standards act of 1938 the range of federal power under the commerce clause will be subjected to exacting scrutiny when the fair labor standards act of 19381 is tested in the courts. Fair labor standards act, 1938 flashcards and study sets. Pay administration under the fair labor standards act. The fair labor standards act of 1938, referred to in subsec.
During the 1920s, hillman demanded action to overcome. On this day in 1938, the house approved the fair labor standards act, also known as the wages and hours bill. House passes fair labor standards act, june 25, 1938. However, the process of adjusting to the new minimum differed across the two industries. A a law drafted by senator hugo black of alabama and signed into law in june 1938, the flsa was designed to aput a ceiling over hours and a floor under wagesa by establishing an. Summary the fair labor standards act flsa of 1938, commonly referred to as the wage and hour law, is a broad piece of legislation. The law, applying to all industries engaged in interstate. Although child labor had long existed, it became a much more visible and potentially dangerous issue. Fair labor standards act, 1938 flashcards and study.
This publication contains the original text of the fair labor standards act of 1938 as set forth in 52 stat. Fair labor standards act of 1938 article about fair. Marc linder, farm workers and the fair labor standards act. Fair labor standards act of 1938 the encyclopedia of human.
Dec 04, 2014 the fair labor standards act of 1938 1. Legal definition of fair labor standards act of 1938. Lance gould introduction the fair labor standards act of 19381 flsa guarantees workers a minimumwage rate and overtime pay for hours worked in excess of 40 hours in a week. The fair labor standards act 1938 applies to employees engaged in interstate commerce or employed by an enterprise engaged in commerce or in the production of goods for commerce. Wagner of new york and signed on june 14, 1938, effective october 24. The fair labor standards act flsa establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting fulltime and parttime workers in the private sector and in federal, state, and local governments. Although child labor had long existed, it became a much more visible and potentially dangerous issue during the great depression. To provide for the establishment of fair labor standards in employments in and affecting interstate commerce, and for other purposes. The fair labor standards act of 1938, as amended in. The bill was strongly supported by president barack obama and many of the democratic senators, but strongly opposed by republicans in the senate and house. But todays standard has a long history and a changing future. According to section 14c in the fair labor standards act of 1938 many disabled workers, intellectually and physically, are allowed to be paid subminimum wages as long as they cannot outperform a. Fair labor standards act of 1938 legal definition of fair.
The act faced judicial opposition at the time of its passing and has been controversial since. Fair labor standards act of 1938 pearson education. Federal register pay administration under the fair labor. To provide for the establishment of fair labor standards in employment in and affecting interstate.
The two classifications are exempt employees and nonexempt employees. The fair labor standards act of 1938, referred to in subsecs. Fair labor standards act of 1938 legal definition merriam. Choose from 41 different sets of fair labor standards act, 1938 flashcards on quizlet. The fair labor standards act of 1938 is known for its creation of minimum wage, abolishment of oppressive child labor, and foundation of labor practices and guidelines we have today. The fair labor standards act of 1938, signed by president franklin d. July 14, 2011 the 73yearold fair labor standards act needs. Fair labor standards act of 1938, as amended 29 usc 201 et seq 29 cfr 510794 who is covered the fair labor standards act flsa establishes minimum wage, overtime pay, recordkeeping and child labor standards that affect over 100 million full and parttime workers in the private sector and in federal, state and local governments. The flsa requires the employer to pay at least minimum wage.
For nonexempt employees, the fair labor standards act sets minimum wage rates and overtime requirements. On saturday, june 25, 1938, to avoid pocket vetoes 9 days after congress had adjourned, president franklin d. Whenever in this act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered made to a section or other provision of the fair labor standards act of 1938 29 u. The fair labor standards act of 1938 beasley allen law firm. He became the founding spirit of labors political action initiatives, and in the mid1930s was a leader, along with john l. The law, applying to all industries engaged in interstate commerce, established a minimum wage of 25 cents per hour for the first year, to be increased to 40 cents within seven years. It applies to employees engaged in interstate commerce or employed by an enterprise engaged in commerce or in the. The effects of the fair labor standards act of 1938 on the. To amend the fair labor standards act of 1938 to extend its protection to additional employees, to raise the minimum wage, and for other purposes.
The law, applying to all industries engaged in interstate commerce, established a minimum wage of 25 cents per hour for the first. The fair labor standard act flsa is a federal law that sets minimum wage, overtime, and minimum age requirements for employers and employees. Act of june 25, 1938 fair labor standards act, public. Fair labor standards act of 1938 article about fair labor. Blackconnery fair labor standards act see fair labor standards act of 1938 popular name statutized n. The employment standards administrations wage and hour division within the u. Seamless hosiery firms substituted capital for labor and converted or replaced old machinery. Roosevelt in the midst of the great depression, requires employers to pay employees the minimum wage and imposes several child labor provisions. United states of america in congress assembled, that this act may be cited as the fair labor standards act of 1938. Sections 6, 7, 12, and 16 of the act are classified to sections 206, 207, 212, and 216, respectively, of title 29. For complete classification of this act to the code, see section 201 of title 29 and tables.
Under section 7b of the fair labor standards act of 1938. Roosevelt characterized the fair labor standards act of 1938 flsa, as athe most farreaching, farsighted program for the benefit of workers ever adopted in this or any other country. Four years of the fair labor standards act of 1938 97 ticability of raising wageandhour standards through federal legislation. Roosevelt as part of his new deal legislation in 1938, the fair labor standards act has a number of provisions that have protected employees for the past seventyfive years. Shrm urges lawmakers to update fair labor standards act. The detrimental loophole of the fair labor standards act. Learn fair labor standards act, 1938 with free interactive flashcards. Fair labor standards act the years, he had proved to be an innovative and resourceful leader. Sections 6, 7, 12, and 16 of the act are classified to sections 206, 207, 212, and 216, respectively, of. Fair labor standards act congressional record index. Act of june 25, 1938 fair labor standards act, public law. Additionally, it establishes overtime pay and record keeping as well as sets the principles for child labor. Act of june 25, 1938 fair labor standards act, public law 75718, 52 stat 1060.
The fair labor standards act of 1938 flsa or the act as amended, sets standards for child labor applicable to the net fishing industry. A study of retail and wholesale trade, 19381950 december 1998. The fair labor standards act of 1938, as amended california. The fair labor standards act of 1938 linkedin slideshare. The wages and hours act, later known as the fair labor standards act flsa, was passed on 25 june 1938. The flsa sets several guidelines including the minimum wage amount, rates for overtime pay timeandahalf, work limits for minors, rules for employment record keeping pdf and calls for equal pay for equal work.
This chapter may be cited as the fair labor standards act of 1938. Fair labor standards act of 1938 employment law group. Fair labor standards act or wages and hours act, passed by the u. Among these bills was a landmark law in the nations social and economic development fair labor standards act of 1938 flsa. Be it enacted by the senate and house of representatives of the united states of america in congress assembled. Outofdate law prevents employers from providing nonexempt employees popular flexible benefits washington, d. Section 6 of the fair labor standards act of 1938 29 u. The fair labor standards act of 1938 flsa set standards for minimum wage and requires employers to pay employees for overtime work, among other things. Pursuant to section 7b of the fair labor standards act of 1938, the undersigned petitioner requests certification by the national labor relations board as a bona fide representative of employees of the employer named below. An act to provide for the establishment of fair labor standards in. The new deal legislation was shepherded through the house labor committee by its. Fair labor standards act, also called wages and hours act, the first act in the united states prescribing nationwide compulsory federal regulation of wages and hours, sponsored by sen.
The fair labor standards act flsa of 1938 sets guidelines for minimum wage, employment status, overtime pay for hours worked in excess of 40 a week, child labor, and requirements for record keeping. Though the law set a relatively low initial minimum wage of 25 cents an hour, it provided for increases up. The fair labor standards act flsa establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in federal, state, and local governments. The fair labor standards act of 1938 imposed a binding minimum wage on the southern seamless hosiery and lumber industries. If an employee works overtime, the employer must pay at least one and a half times the regular salary per hour. The law, applying to all industries engaged in interstate commerce, established a. Blackconnery fair labor standards act see fair labor. Although the overtime provisions of the act may have increased employment in wholesale trade minimum wage provisions of the act probably reduced it. Congress in 1938 to establish minimum living standards for workers engaged directly or indirectly in interstate commerce, including those involved in production of goods bound for such commerce.
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