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Authors:
Ellen Terrell, Business Librarian, Science & Business Reading Room
Created: February 2021
Updated: May 2024
The Fair Labor Standards Act (Pub.L. 75–718, ch. 676, 52 Stat. 1060) was signed in June 1938. The Fair Labor Standards Act (FLSA) includes provisions on several labor related provisions including the creation the right to a minimum wage, overtime pay for working more than forty hours a week, and provisions related to child labor.
Prior to the passage and signing of the FLSA, progress was being made improving the workplace. This includes passage of laws related to safety and child labor, as well as the gradual move to an 8-hour workday. While the more immediate history for this law began in 1933 with the National Industrial Recovery Act and the President's Reemployment Agreement, this law had less impact because in 1935 the Supreme Court essentially invalidated this law.
The wage-hour discussion was again boosted with Roosevelt’s reelection in 1936 and the Supreme Court decision in the case West Coast Hotel Company v. Parrish in 1937. Secretary of Labor Frances Perkins was directed to work on laws related to hours of work and to abolish abuses of child labor. One law was Public Contracts Act of 1936 (Walsh-Healey) which required most government contractors to adopt an 8-hour day and a 40-hour week but it was limited. It took a few more attempts to get a broader law, but in January 1938 the bill that became the FLSA was sent to Congress. After the bill was debated and voted on, it was signed by President Roosevelt and became effective on October 24, 1938.
To administer the wage and overtime components of the law, a Wage and Hour Division was created within the Department of Labor and included this finding and declaration of policy in the law itself:
SEC. 2. (a) The Congress hereby finds that the existence, in industries engaged in commerce or in the production of goods for commerce, of labor conditions detrimental to the maintenance of the minimum standard of living necessary for health, efficiency, and general wellbeing of workers (1) causes commerce and the channels and instrumentalities of commerce to be used to spread and perpetuate such labor conditions among the workers of the several States; (2) burdens commerce and the free flow of goods in commerce; (3) constitutes an unfair method of competition in commerce; (4) leads to labor disputes burdening and obstructing commerce and the free flow of goods in commerce; and (5) interferes with the orderly and fair marketing of goods in commerce
(75th Congress, Chapter 676, 1938)
Since 1938, the FSLA has been amended a number of times and many states have enacted their own minimum wage laws.
The following titles link to fuller bibliographic information in the Library of Congress Online Catalog. Links to digital content are provided when available.
The following resources created or digitized by the Library of Congress can be used to find out more about the passage of the Fair Labor Standards Act as well as the events of the day.
These freely available online resources provide additional information on the topic.
At the end of each session of Congress, all of the daily editions are collected, re-paginated, and re-indexed into a permanent, bound edition. This permanent edition, referred to as the Congressional Record (Bound Edition), is made up of one volume per session of Congress, with each volume published in multiple parts, each part containing approximately 10 to 20 days of Congressional proceedings. The primary ways in which the bound edition differs from the daily edition are continuous pagination somewhat edited, revised, and rearranged text and the dropping of the prefixes H, S, and E before page numbers.
When searching over the Congressional Record (Bound Edition) on govinfo, you will be searching over the official business for each day's proceedings of Congress. This includes the House, Senate, and Extensions of remarks sections.
Searches in govinfo over Congressional Record (Bound Edition) from 1999 forward will not search over other sections which are part of the official printed edition. These include the History of Bills, the compilation of Daily Digests, the resume of all business transacted during the entire Congress, and the subject index to the Bound Edition.
Volumes 144 (1998) and prior are made available as digitized versions of the Congressional Record (Bound Edition) created as a result of a partnership between GPO and the Library of Congress. These volumes include all parts of the official printed edition.
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