Be it enacted by the senate and house of representatives. Fair labor standards act of 1938 legislative counsel. The fair labor standards act flsa is a united states federal law that was enacted in 1938. Department of labor to clear up a number of issues that have caused the american volunteer fire service concern. 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.
This law covers fulltime and parttime workers in the private sector and federal, state, and local governments. These include title vii of the civil rights act of 1964, the age discrimination in employment act of 1967, the rehabilitation act of 1973, the americans with disabilities act of 1990, the equal pay requirement under the fair labor standards act of 1938, and the family and medical leave act of 1993. 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. Fair labor standards act of 1938 labor law attorneys. The fair labor standards act flsa is a federal law that was adopted in 1938. This national wage floor, along with a variety of other labor reforms, became law 81 years ago today when the fair labor standards act flsa took effect on october 24, 1938. Fair labor standards act of 1938 protects employees and future employees from discrimination based on. This publication is a compilation of the text of chapter 676 of the 75th congress. The flsa set nationwide standards for employees of organizations engaged. At its top level, it divides the world of legislation into fifty topicallyorganized titles, and each title is further subdivided into any number of logical subtopics. To provide for the establishment of fair labor standards in employments in and affecting interstate commerce, and. The fair labor standards act of 1938, as amended 29 u. Dec 19, 2019 the fair labor standards act flsa is a united states federal law that was enacted in 1938.
Under section 7b of the fair labor standards act of 1938. Overview of the fair labor standards act the fair labor standards act of 1938, as amended 29 u. 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. Fair labor standards act of 1938, also known as an act to provide for the establishment of fair labor standards in employments in and affecting interstate commerce, and for other purposespublic law 75718, 75th congress, s. It was a landmark piece of legislation that had a significant impact on the labor movement in the united states. It was last amended by the public law listed in the as amended through note above and below at the bottom of each page of the pdf version and.
Summary of the fair labor standards act legal beagle. It also prohibits employment of minors in oppressive child labor. Over that time, a genuine need surfaced to obtain administrative changes and clarifications to the fair labor standards act flsa of 1938 at the. To provide for the establishment of fair labor standards in employments in and affecting interstate commerce, and for other purposes. Wagner of new york and signed on june 14, 1938, effective october 24. The fair labor standard act flsa is a federal law that sets minimum wage, overtime, and minimum age requirements for employers and employees.
The belief was that maintaining higher living standards helped to. 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. 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. The fair labor standards act flsa child labor provisions. Congress passed the fair labor standards act on june 25, 1938. The fair labor standards act flsa of 1938 defines and prohibits the employment of oppressive child labor in the united states. Seamless hosiery firms substituted capital for labor and converted or replaced old machinery. Fair labor standards act of 1938 restricts working hours for youth less than. Be it enacted by the senate and house of representatives of the united states of. The two classifications are exempt employees and nonexempt employees. Fair labor standards act with the portaltoportal act flsa full text 29 u. The law, applying to all industries engaged in interstate commerce, established a. Fair labor standards act of 1938 the encyclopedia of human. Foreign exemption fact sheet mso992 june 1999 the foreign exemption is a provision of the fair labor standards act of 1938 the act or flsa, as amended, under which the minimum wage, overtime, and child labor provisions do not apply to any employee who spends all hours of work in a given workweek in an exempt area.
Fair labor standards act of 1938, 2b12 stating that any employee em ployed in agriculture is exempt from the maximum hour or overtime compensation provision of the flsa. Be it enacted by the senate and house of representatives of. Fair labor standards act, the first act in the united states prescribing nationwide compulsory federal regulation of wages and hours, sponsored by sen. Employees covered by flsa are subject to an hourly wage and receipt of overtime, generally after 40 hours per week, unless the position meets specific exemption criteria outlined below. Fair labor standards act of 1938 requires one and a half times the regular rate of pay after 40 hours for qualified employees establishes the minimum wage rate provides child labor protection 2. In 1974, the was amended to flsa extend coverage to state and local governments. This article uses rollcall voting and constituency data to provide an improved understanding of how and why the fair labor standards act flsa of 1938 divided the democratic party. United states of america in congress assembled, that this act may be cited as the fair labor standards act of 1938. Act of june 25, 1938 fair labor standards act, public law.
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. Fair labor standards act of 1938 pearson education. This publication contains the original text of the fair labor standards act of 1938 as set forth in 52 stat. The fair labor standards act of 1938, as amended california.
The fair labor standards act flsa is a federal law which establishes minimum wage, overtime pay eligibility, recordkeeping, and child labor standards affecting fulltime and parttime workers 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. Fair labor standards act of 1938 legal definition of fair. The united states code is meant to be an organized, logical compilation of the laws passed by congress. The flsa was signed into law four months earlier on june 25. 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. Be it enacted by the senate and house of representatives of the united states of america in congress assembled. Act of june 25, 1938 fair labor standards act, public law 75718, 52 stat 1060.
Fair labor standards act flsa human resource management. Although child labor had long existed, it became a much more visible and potentially dangerous issue. Fair labor standards act of 1938 as amended through p. Summary the fair labor standards act flsa of 1938, commonly referred to as the wage and hour law, is a broad piece of legislation. However, the process of adjusting to the new minimum differed across the two industries. Its job was to eliminate labor conditions that led to low standards of living. The flsa does not provide a limit on the number of hours employees ages 16 and older may work in any workweek, however all.
Fair labor standards act or wages and hours act, passed by the u. This chapter may be cited as the fair labor standards act of 1938. 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. Fair labor standards act of 1938 financial definition of fair. The act, known as flsa, was originally enacted during the great depression. Congress endorsed the act because its provisions were meant to both protect workers and stimulate the economy. It protects workers by setting standards for minimum wage, overtime pay, recordkeeping, and youth labor. 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 fair labor standards act of 1938 linkedin slideshare. The fair labor standards act flsa of 1938, commonly referred to as the wage and hour law, is a broad piece of legislation covering overtime status and pay, minimum wages, record keeping, child labor laws, and various other administrative concerns. To provide for the establishment of fair labor standards in employment in and affecting interstate.
Fair labor standards act united states 1938 britannica. Fair labor standards act of 1938 article about fair labor. An act to provide for the establishment of fair labor standards in. The effects of the fair labor standards act of 1938 on the. Marc linder, farm workers and the fair labor standards act. The fair labor standards act of 1938 flsa originated in president franklin roosevelts 19331945 new deal. 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. All employees that hold positions determined to be covered under the mandatory. The law, applying to all industries engaged in interstate commerce.
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