Fair Labor Standards Act (FLSA) (1938)

1) Link to the Text of the Act
Read the statute (29 U.S.C. § 201 et seq.)

2) Why It Was Done
The FLSA was enacted during the New Deal to establish minimum wage, overtime pay, recordkeeping, and youth employment standards, addressing abusive labor practices and exploitation.

3) Pre-existing Law or Constitutional Rights
Before FLSA, there was no comprehensive federal wage or hour law. States had patchwork labor laws, but enforcement was inconsistent and often weak.

4) Overreach or Proper Role?
Supporters view it as a cornerstone of workers’ rights. Critics argue federal wage floors interfere with state and local economies. The Supreme Court upheld its constitutionality after initially rejecting similar laws in earlier decades.

5) Who or What It Controls

• Private and public employers engaged in interstate commerce
• Employees covered by the Act (most workers, with some exemptions)
• Youth labor practices through restrictions on hours and types of work

6) Key Sections / Citations

• 29 U.S.C. § 206 (minimum wage)
• 29 U.S.C. § 207 (overtime)
• 29 U.S.C. § 212 (child labor)
• 29 U.S.C. § 211 (recordkeeping)

7) Recent Changes or Live Controversies

• Federal minimum wage remains at $7.25/hour (unchanged since 2009), sparking ongoing debate
• Litigation continues over overtime exemptions for salaried workers
• States and cities have enacted higher minimum wages, creating a patchwork of standards

8) Official Sources

• U.S. Code – Title 29, Chapter 8
• U.S. Department of Labor – FLSA Overview

• Employment
• Wages
• Overtime
• Child Labor
• Workers