
The first federal minimum wage law was established in 1938, pursuant to the Fair Labor Standards Act (FLSA). The FLSA was a response to the Great Depression, aiming to stabilize the economy and protect workers by setting a uniform wage floor and a 44-hour work week. Prior to this, the first minimum wage legislation in the United States was passed in Massachusetts in 1912, establishing a state commission to recommend non-compulsory minimum wages for women and children. This was influenced by the Lawrence textile strike and followed advocacy work by social reform groups and labor advocates.
| Characteristics | Values |
|---|---|
| Year of first federal minimum wage law | 1938 |
| Established by | Congress |
| Established under | Fair Labor Standards Act (FLSA) |
| Original rate | 25 cents per hour |
| Current federal minimum wage | $7.25 per hour |
| Purpose | To stabilise the post-depression economy, protect workers, and create a minimum standard of living to protect the health and well-being of employees |
| Coverage | "Employees engaged in interstate commerce or in the production of goods for interstate commerce" |
| Exemptions | Executives, administrators, professionals, and outside salespersons |
| Amendments | 1940, 1947, 1949, 1955, 1961, 1966, 1990, 1996 |
| First state to pass minimum wage legislation | Massachusetts, 1912 |
| First country to enact minimum wage law | New Zealand, 1894 |
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What You'll Learn

The Fair Labor Standards Act of 1938
The FLSA was enacted by Congress under its authority in Article I, Section 8 of the U.S. Constitution, which grants Congress the power to regulate commerce among the states. The act established a comprehensive federal scheme that provided for minimum wages, overtime pay, record-keeping requirements, and child labor regulations. The purpose of the minimum wage was to stabilize the post-Great Depression economy, protect workers, and create a minimum standard of living to safeguard employees' health and well-being. The act allowed workers to earn a wage for up to 44 hours of work per week and one-and-a-half times regular pay for overtime. It also prohibited children under eighteen from performing certain dangerous jobs and restricted those under sixteen from working in manufacturing or mining or during school hours.
The FLSA has been amended multiple times since its inception to address exemptions and expand its scope. For example, in 1940, an amendment was enacted to address the potential negative economic impact of the minimum wage on Puerto Rico and the Virgin Islands, allowing for the establishment of special industry committees to determine minimum wage levels in those territories. In 1949, President Truman signed the Fair Labor Standards Amendment Act, which increased the minimum wage from 40 cents to 75 cents per hour and prohibited oppressive child labor in commerce or the production of goods for commerce.
The FLSA's requirements apply to "employees," excluding independent contractors and volunteers. While the act set a federal minimum wage, states and municipalities may also establish their own minimum wage laws, provided they comply with federal standards. The FLSA's impact was delayed due to wartime inflation in the 1940s, which pushed nominal wages above the mandated level. However, it laid the groundwork for future expansions and amendments, such as the Raise the Wage Act of 2023, which proposed increasing the federal minimum wage to $17 per hour.
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The New Deal era policy
The first federal minimum wage law in the United States was established in 1938 under the Fair Labor Standards Act (FLSA). The FLSA was a New Deal era policy enacted during the administration of President Roosevelt. The original bill set a federal minimum wage of 25 cents per hour, instituted a 44-hour work week, and protected children from prematurely entering the workforce.
The concept behind the FLSA emerged in the 1930s as a response to the Great Depression, which saw high unemployment rates, bank failures, and economic hardship for many Americans. The goal of the minimum wage law was to stabilize the post-depression economy, protect workers, and create a minimum standard of living for employees. The law was also intended to address the issue of ""sweated labor," where workers endured harsh and exploitative working conditions for extremely low wages.
The FLSA was a comprehensive federal scheme that provided for minimum wages, overtime pay, record-keeping requirements, and child labor regulations. It applied to "employees engaged in interstate commerce or the production of goods for interstate commerce." However, certain employees were exempted from the minimum wage provisions, including executives, administrators, professionals, and outside salespersons, who were believed to have higher bargaining power.
Since its inception, the FLSA has undergone numerous amendments to expand its coverage and address exclusions. For example, the 1961 amendments extended the scope of the FLSA to the retail trade sector and increased the minimum wage for covered workers. Amendments in 1966 further broadened coverage to include public schools, nursing homes, laundries, and the construction industry.
Despite the progress brought about by the FLSA, it is important to note that the law initially excluded certain industries and groups of workers, particularly those in marginalized communities. Amendments to the FLSA and the Civil Rights Act of 1964 later addressed many of these exclusions. However, some workers, including those in the agricultural sector, continue to face exploitative working conditions, long hours, and low pay.
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The Raise the Wage Act of 2023
The Fair Labor Standards Act of 1938 (FLSA) established the first minimum wage law. The law was enacted by Congress under its authority in Article I, Section 8 of the U.S. Constitution, which grants Congress the power to regulate commerce among the states. The original FLSA bill set a wage floor, instituted a 44-hour work week, and protected children from prematurely entering the workforce.
Since its inception, the FLSA has been amended multiple times, with added exemptions and expansions specifying which groups of workers are covered under different aspects of the law. One notable amendment was the Civil Rights Act of 1964, which addressed many of the exclusions in the original FLSA that disproportionately affected Black workers.
The latest proposed changes to the FLSA are through the Raise the Wage Act of 2023, which aims to increase the federal minimum wage to $17 per hour. This legislation is a response to the current federal minimum wage of $7.25 per hour, which has been criticized as inequitable and insufficient to support the working population. Supporters of the Raise the Wage Act argue that it will create better conditions for financially struggling Americans, improve labor standards, and support the entire wage infrastructure by creating a floor that workers can leverage to achieve higher wages through collective bargaining.
Furthermore, the Raise the Wage Act of 2023 addresses the issue of exemptions and exclusions, which have historically left certain workers vulnerable to exploitation and unable to access basic labor rights. The Act aims to create a more inclusive and equitable framework that protects the rights and well-being of all employees.
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The history of minimum wage laws
In the United States, the earliest minimum wage laws were state laws focused on protecting women and children from exploitative working conditions. Massachusetts became the first state to pass minimum wage legislation on June 4, 1912, establishing a state commission to recommend non-compulsory minimum wages for women and children. This was influenced by the Lawrence textile strike earlier that year, which brought national attention to the plight of low-wage textile workers. Over the next two years, eight other states followed suit, enacting similar legislation to address labor conditions and minimum wage rates.
The movement for a legal minimum wage gained momentum, and by 1938, the first federal minimum wage law was enacted in the United States through the Fair Labor Standards Act (FLSA). This law established a uniform rate of 25 cents per hour (equivalent to $5.58 in 2024), set a 44-hour work week, and protected children from prematurely entering the workforce. The FLSA was a response to the Great Depression, aiming to stabilize the economy, protect workers, and create a minimum standard of living for employees. Since its inception, the FLSA has undergone numerous amendments to expand its coverage and address exemptions. For instance, the 1961 amendments extended coverage to employees in the retail trade industry, and the 1966 amendments included public schools, nursing homes, laundries, and the construction industry.
While the FLSA has been successful in establishing a minimum wage framework, it has also faced challenges and criticisms. Initially, certain industries and territories, such as Puerto Rico and the Virgin Islands, were exempted from the statutory minimum wage due to economic concerns. Additionally, specific groups of employees, such as executives and professionals, were exempted from minimum wage provisions. Over time, amendments have been made to address these exclusions and expand coverage to a broader range of workers. Despite these efforts, some workers, particularly those in marginalized communities and certain industries, continue to face exploitative working conditions and wage inequality.
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The purpose of the minimum wage
The minimum wage is a New Deal era policy established initially through the Fair Labor Standards Act (FLSA) of 1938. The purpose of the minimum wage was to stabilize the post-depression economy and protect workers in the labor force. The minimum wage was designed to create a minimum standard of living to protect the health and well-being of employees.
The original bill set a wage floor, instituted a 44-hour work week, and protected children from prematurely entering the workforce. The bill was intended to create better conditions for the one-third of Americans who were financially struggling, and to improve labor standards for the labor force. Proponents of the bill argued that it would end "unnecessarily long hours which wear out part of the working population while they keep the rest from having work to do."
The minimum wage was also meant to support the entire wage infrastructure by creating a floor that workers could leverage to achieve higher wages through collective bargaining. Labor organizers of the time worried that employers would not pay above the minimum wage set by law, so they advocated for the bill to only cover low-paid workers who were not part of unions.
The first federal minimum wage law, enacted in 1938, set rates that became obsolete during World War II. The 1938 minimum wage law only applied to "employees engaged in interstate commerce or in the production of goods for interstate commerce." However, in amendments in 1961 and 1966, the federal minimum wage was extended to employees in large retail and service enterprises, local transportation and construction, state and local government employees, and other smaller expansions.
The movement for a legal minimum wage began earlier in other countries, such as New Zealand, Australia, and Great Britain, and the results of this experiment were referenced in the creation of the United States minimum wage law. The first minimum wage laws in the United States were state laws focused on women and children, passed in Massachusetts in 1912. These laws were struck down by the Supreme Court between 1923 and 1937.
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Frequently asked questions
The first minimum wage legislation in the United States was passed in Massachusetts on June 4, 1912, establishing a state commission for recommending non-compulsory minimum wages for women and children.
The Fair Labor Standards Act of 1938 established the first federal minimum wage law in the United States.
The minimum wage rate in 1938 was set at a uniform rate of 25 cents per hour, which is equivalent to $5.58 in 2024.
The minimum wage law aimed to stabilize the post-depression economy, protect workers in the labor force, and create a minimum standard of living to safeguard the health and well-being of employees.
Yes, the minimum wage law has undergone various amendments over time. For example, in 1949, industry committees were eliminated except in Puerto Rico and the Virgin Islands. Amendments in 1961 and 1966 extended the federal minimum wage to employees in large retail and service enterprises, local transportation, construction, and state and local government employees.




























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