Fair Labor Standards Act

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75th United States Congress
Citation
Territorial extent
Considered by
Enacted by	75th United States Congress
Passed
Enacted
Considered by
Enacted by

The Fair Labor Standards Act (FLSA) is a United States federal law that was enacted in 1938 to protect workers by setting standards for minimum wage, overtime pay, recordkeeping, and child labor. The legislation's primary aim is to eliminate labor conditions detrimental to the maintenance of the minimum standard of living necessary for health, efficiency, and general well-being of workers.

Background

The FLSA was a part of President Franklin D. Roosevelt's New Deal legislation, combating the economic inequality and poor labor conditions that were prevalent during the Great Depression. The Act was initially drafted by Senator Hugo Black, who was motivated by the need to ensure that workers were compensated fairly for their labor and to prevent under-age and overworked employment practices that were common at the time.

Provisions

The key provisions of the Fair Labor Standards Act include:

• Minimum Wage: The FLSA sets the federal minimum wage rate, which employers must pay their employees. This rate has been updated periodically to adjust for inflation and cost of living increases.
• Overtime Pay: The Act requires that employees who work more than 40 hours a week be paid at least one and a half times their regular pay rate for all hours worked over 40.
• Recordkeeping: Employers are required to keep accurate records of hours worked and wages paid to employees.
• Child Labor: The FLSA prohibits the employment of minors in "oppressive child labor," which is defined under the Act. It sets age restrictions and hours limits for workers under the age of 18.

Impact

The enactment of the FLSA marked a significant advancement in federal labor law, ensuring a baseline of protection for workers across the country. It has been amended several times to expand its coverage and to increase the minimum wage. The Act has played a crucial role in reducing poverty and improving the quality of life for millions of American workers.

Amendments

Over the years, the FLSA has been amended numerous times to address emerging labor issues and to expand protections. Notable amendments include the Portal-to-Portal Act of 1947, which clarified certain aspects of hours worked, and amendments that have raised the federal minimum wage.

Current Challenges and Criticisms

Despite its successes, the FLSA faces ongoing challenges and criticisms. Some argue that the minimum wage has not kept pace with inflation, while others believe that the regulations can be burdensome for small businesses. Additionally, the rise of the gig economy and freelance work has sparked debates about the applicability of the FLSA in the modern workforce.

See Also

• Labor rights
• Wage theft
• Employment law