The Evolution Of Fsla: From Idea To Law

The Fair Labor Standards Act (FLSA) is a federal law that came into effect in 1938. It establishes the right to a minimum wage, overtime pay for working more than forty hours a week, and provisions related to child labour. The Act was enacted by the 75th United States Congress and signed into law by President Franklin D. Roosevelt.

The FLSA was signed into law in 1938

The Fair Labor Standards Act (FLSA) was signed into law by President Franklin D. Roosevelt on June 25, 1938, and became effective on October 24, 1938. The FLSA is a federal law that establishes labour regulations, including the minimum wage, overtime pay, and restrictions on child labour. It applies to employees engaged in interstate commerce or employed by an enterprise engaged in commerce or in the production of goods for commerce.

The FLSA was enacted by the 75th United States Congress and was the result of years of legislative efforts to improve workplace conditions. Prior to the FLSA, progress had been made with the passage of laws related to safety and child labour, as well as the gradual move towards an eight-hour workday. The National Industrial Recovery Act and the President's Reemployment Agreement of 1933 were also precursors to the FLSA, but their impact was limited as they were largely invalidated by the Supreme Court in 1935.

The discussion around wages and hours gained new momentum with Roosevelt's reelection in 1936 and the Supreme Court decision in the case of West Coast Hotel Company v. Parrish in 1937. Following this, Secretary of Labor Frances Perkins, who was instrumental in drafting the FLSA, was directed to work on laws related to hours of work and the abolition of abusive child labour practices.

The FLSA was originally drafted in 1932 by Senator Hugo Black, whose proposal for a thirty-hour workweek faced fierce resistance. A revised version of this proposal was passed in 1938, adopting an eight-hour day and a forty-hour workweek, with provisions for overtime pay. The Act also set a minimum hourly wage of 25 cents and banned all labour for children under fourteen and hazardous labour for those between fourteen and eighteen years of age.

Since its enactment, the FLSA has been amended numerous times to expand its coverage and adjust the minimum wage to account for inflation. The FLSA remains significant today as it continues to protect workers' rights, ensuring a minimum wage, mandating overtime pay, and prohibiting exploitative child labour.

The law was enacted by the 75th US Congress

The Fair Labor Standards Act (FLSA) was enacted by the 75th US Congress, which met in Washington, D.C., from January 3, 1937, to January 3, 1939, during the fifth and sixth years of Franklin D. Roosevelt's presidency. The 75th Congress was composed of the United States Senate and the United States House of Representatives.

The 75th Congress had a Democratic supermajority, with the party increasing their majority in both the House and the Senate. The House had 334 Democrats out of 435 seats, while the Senate had 78 Democrats out of 96 seats.

The 75th Congress was responsible for passing several notable pieces of legislation, including the Fair Labor Standards Act, which was signed into law by President Roosevelt on June 25, 1938. The FLSA established the right to a minimum wage, "time-and-a-half" overtime pay for working more than 40 hours a week, and provisions related to child labor.

The FLSA was not the only significant law passed by the 75th Congress. Other notable legislation included the Agricultural Marketing Agreement Act, the Marihuana Tax Act, the National Cancer Institute Act, the Civil Aeronautics Act, and the Federal Food, Drug, and Cosmetic Act.

The 75th Congress also witnessed important historical events, such as the Supreme Court ruling that the National Labor Relations Act was constitutional, and President Roosevelt's "Quarantine Speech" in October1937, in which he called for an economic quarantine of aggressor nations.

The FLSA applies to both part-time and full-time workers

The Fair Labor Standards Act (FLSA) was signed into law by President Franklin D. Roosevelt on June 25, 1938. The Act, which has been amended several times since its enactment, establishes the right to a minimum wage, "time-and-a-half" overtime pay for people working over forty hours a week, and prohibits oppressive child labour.

The FLSA applies to employees engaged in interstate commerce or employed by an enterprise engaged in commerce or in the production of goods for commerce. This includes workers in communications or transportation, those who regularly use the mail, telephones, or the internet for interstate communication, and those who handle, ship, or receive goods moving in interstate commerce. The Act also applies to domestic service workers such as housekeepers, cooks, and full-time babysitters, as well as employees of hospitals, educational institutions, and public agencies.

The FLSA sets out labour regulations, including minimum wages, requirements for overtime pay, and limits on child labour, to protect workers against unfair employment practices. It is important for employers and employees to understand the FLSA, as it covers a wide range of regulations for those employed, whether they are salaried or paid by the hour.

The law was signed by President Franklin D. Roosevelt

The Fair Labor Standards Act (FLSA) was signed into law by President Franklin D. Roosevelt on June 25, 1938. The Act was enacted by the 75th Congress and established the right to a minimum wage, overtime pay for working more than forty hours a week, and provisions related to child labor. It also applies to employees engaged in interstate commerce or employed by an enterprise engaged in commerce or in the production of goods for commerce.

The FLSA has been amended numerous times since its enactment to expand its coverage and adjust the minimum wage to reflect inflation. For example, the Portal-to-Portal Act of 1947 clarified what constitutes "hours worked" under the FLSA, while the 1961 Amendment expanded coverage to include jobs in schools, hospitals, nursing homes, and government entities.

The FLSA is one of the most important laws for employers and employees to understand as it sets out a wide array of regulations for those employed, whether salaried or paid hourly. It protects workers against unfair employment practices, such as wage discrimination based on gender and age, and ensures that employees receive proper compensation for their work.

The FLSA also established the Wage and Hour Division within the Department of Labor, which is responsible for administering and enforcing the Act, along with other labor laws such as the Government Contracts labor standards statutes and the Migrant and Seasonal Agricultural Worker Protection Act.

The FLSA has been amended multiple times

The Fair Labor Standards Act (FLSA) was enacted by the 75th US Congress and signed into law by President Franklin D. Roosevelt in 1938. Since then, it has been amended multiple times, with added exemptions and expansions specifying which groups of workers are covered under different aspects of the law. Here is a summary of some of the major changes to the FLSA:

Portal-to-Portal Act of 1947

In 1946, the US Supreme Court ruled in Anderson v. Mt. Clemens Pottery Co. that preliminary work activities controlled by the employer and performed entirely for the employer's benefit are included as working time under the FLSA. In response, Congress passed the Portal-to-Portal Act in 1947, which narrowed the Supreme Court's decision. It clarified what constitutes "hours worked" under the FLSA, specifying that as long as an employee is engaging in activities that benefit the employer, the employer must pay the employee for that time. The act also established that travel to and from the workplace is a normal incident of employment and should not be considered paid working time.

FLSA Amendment of 1961

The 1961 amendment added another method of determining coverage, called enterprise coverage. It applies when a business is involved in interstate commerce and has an annual business volume of at least $500,000. All employees working for such enterprises are covered by the FLSA. This amendment also specified that coverage is automatic for schools, hospitals, nursing homes, and all government entities. It included the right to sue for back wages if owed and increased the minimum wage to $1.25 per hour.

Equal Pay Act of 1963

The Equal Pay Act of 1963 amended the FLSA, making it illegal to pay some workers lower wages than others based on their gender. It is often described as "equal pay for equal work" and was a significant step towards achieving financial parity in the workplace.

Age Discrimination in Employment Act of 1967

The Age Discrimination in Employment Act of 1967 prohibits treating employees aged 40 or older differently. Before this amendment, older workers could be denied health benefits, promotions, or training opportunities due to their age.

FLSA Amendments of 1974

The 1974 amendment expanded coverage to include additional state and local government employees who were not previously covered. Domestic workers were also included under this amendment, and the minimum wage was increased to $2.30 per hour in stages.

FLSA Amendments of 1977

The 1977 amendment increased the minimum wage in yearly increments through 1981, reaching $3.35 an hour. Changes were made involving tipped employees and the tip credit, and partial overtime exemption was repealed in stages for certain hotel, motel, and restaurant employees.

Migrant and Seasonal Agricultural Worker Protection Act of 1983

The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) was enacted in 1983 to provide migrant and seasonal farm workers with protections concerning pay, working conditions, and work-related conditions. It also required farm labour contractors to register with the US Department of Labor.

FLSA Amendments of 1985

The 1985 amendment permitted state and local government employers to compensate their employees' overtime hours with paid time off instead of overtime pay. It also exempted state and local governments from paying overtime for specific types of work performed by fire protection, law enforcement, and prison security employees.

FLSA Amendment of 1986

In 1986, the FLSA was amended to allow the US Secretary of Labor to provide special certificates authorising employers to pay less than the minimum wage to individuals with impaired earning or productive capacity due to age, physical or mental deficiency, or injury.

Department of Defense Authorisation Act of 1986

The Department of Defense Authorisation Act of 1986 repealed the eight-hour daily overtime requirements on all federal contracts.

FLSA Amendments of 1989

In 1989, Senator Edward M. Kennedy introduced a bill to increase the minimum wage from $3.35 per hour to $4.55 per hour in stages. After President George H. W. Bush vetoed the initial bill, a revised bill was passed, increasing the minimum wage to $3.80 per hour in April 1990 and $4.25 per hour in April 1991.

Small Business Job Protection Act of 1996

The 1996 amendment increased the minimum wage to $5.15 an hour. However, this amendment also detached tipped employees from future minimum wage increases.

Fair Minimum Wage Act of 2007

On May 25, 2007, President Bush signed the Fair Minimum Wage Act into law, which amended the FLSA to provide for an incremental increase in the federal minimum wage, reaching $7.25 per hour by July 24, 2009.

Patient Protection and Affordable Care Act of 2010

The Patient Protection and Affordable Care Act of 2010 amended the FLSA to add a "break time for nursing mothers" provision, requiring employers to provide nursing mothers with break time and a private space that is not a bathroom to express milk.

Proposed Changes in 2023

The latest proposed changes to the FLSA in Congress are through the Raise the Wage Act of 2023, which aims to increase the federal minimum wage to $17 per hour by 2028. This proposal also seeks to gradually eliminate subminimum wages for tipped workers, workers with disabilities, and youth workers, ensuring equal wages for all employees covered by the FLSA.

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