The History of the Fair Labor Standards Act
Abstract
After the great depression, unions were legalized in order to be the voice for the workers for whom they represented to their employers. Once this legalization became evident through federal statute, set the stage for what was to become the Fair Labor Standards Act. Having just survived a depression, the United States was hoping to avoid any future economic downturns, the government would accomplish this with paying higher wages that the employer could afford and employees could provide for their families.
The History of the Fair Labor Standards Act
The Fair Labor Standards Act (FLSA) is administered by the United States Department of Labor Wage and Hour Division.
…show more content…
The President set out "to raise wages, create employment, and thus restore business," the Nation's employers signed more than 2.3 million agreements covering 16.3 million employees (Grossman, 1978). On "White Monday," March 29, 1937, the High Court reversed its course when it decided the case of West Coast Hotel Company v. Parrish, the plaintiff was suing for back wages, in a turnaround, Justice Owen Roberts voted with the four-man liberal minority to uphold the Washington minimum wage law; the FLSA had been vindicated. Justice Roberts vote and "big switch" was an important event in American legal history, social history in America also changed for the legal attitude toward labor standards (Grossman, 1978). The FLSA achieved its aim through a single mandatory device: forced overtime pay, it forces employers to pay employees when working longer than 40 hours. Rather than balancing the interests of employers and employees, the obligations and burdens imposed by the Act are completely one-sided; they favor employees alone (Wilson, 2005). Moving forward, the FLSA was amended by the Portal-to-Portal Act on May 14, 1947, this legislation was significant because it resolved some issues as what constitutes compensable hours worked (Dept. of Labor, 1988). This act defined compensable work time,
The main reason of the rise of labor unions was the quick industrialization of the US economy. During the post-Civil War period, the US economy became extremely industrialized. This meant that more and more people were working in factories owned by large companies rather than working in small shops for themselves or for small businesses. In addition, large numbers of immigrants were coming to the US. They created a huge pool of labor that made labor prices go down and the quality of working conditions.
Labor union were crucial in the late 1800’s when the workers were working long hours, doing hard work, without any extra pay. Job security (could be fired at any given time) and safety precautions did not exist in this era, jobs in this day was typically a threat to the workers due to the bad working conditions. When the union was formed in 1866 it was not easy, but if the workers understood how it would benefit them it would have been a greater successes. Due to lack of education, the communication between the union and the works was broken. Some of the religious beliefs created a hardship on getting the union passed. One of the unions called the AFL (American Federation of Labor) was created in 1881 that would try to fight for workers’ rights.
The formation of unions helped workers of similar nature band together and demand better wages for their work. Many workers went on-strike, demanding higher wages, but living paycheck to paycheck it was difficult to weather out an entire strike. With the onset of industrialization and the automation of many factory jobs, the amount of jobs available decreased and further dumbed down the jobs, requiring less education to operate effectively, and further increasing the market for competition. Immigrants just wanted to sustain a good job that can make them enough money to support their family and live comfortably, but had a tough time being affluent in America while working wage-labor shifts in poor working
During the Progressive Era of the Gilded Age, many laborers were being mistreated by the companies that they worked for. Because of this, workers started forming labor unions or organized association of workers, formed to protect and further their rights and interests. Many of these labor unions failed, while few of them achieved their goals and still exist today. Many factors contributed to the failure of these labor unions. The labor unions were given a bad image, the reason for this was the media, and they did this by publishing articles depicting the unions as violent, communist groups. The government supported big business during this time, since the government had a lot of power; this was a huge setback in the labor unions’ battles.
than $5.15 an hour. Overtime pay at a rate of not less than one and
In 1936 by President Roosevelt who signed the Fair Labor Standard Act(FLSA) making a federal minimum wage of .25 cents an hour (equivalent to $4.18 today)(Grossman) in order to maintain a “minimum standard of living necessary for health, efficiency and general well-being, without substantially curtailing employment”. This wage only affected about 20% of the entire labor force. The Fair labor Standards act was not always looked at being the best way to go, when it was enacted just like in today 's society it was fought against to raise the minimum wage. Many corporations were arguing against the creation of the
The Fair Labor Standards Act was first developed by Hugo Black, a senator from Alabama, in 1932. Senator Black saw a problem that existed with people in the workforce being overworked and underpaid and wanted to provide a solution. President Franklin D. Roosevelt was a strong supporter of this effort and stood behind Senator Black. According to President Roosevelt, the FLSA was “the most far-reaching, far-sighted program for the benefit of workers ever adopted in this or any other country.” During this time, workers in several different industries were faced with
Labor unions have existed in one way or another since the birth of our country in 1776. They were created in an effort to protect the working population from abuses such as sweatshops and unsafe working conditions. From the start of our Nation there were a few unions organized unions in a scattered fashion, but many were disbanded after they had achieved their goals, such as when the printers and shoemakers briefly unionized in Philadelphia and New York City in 1778 to conduct the first recorded strike for higher wages. Three years later in 1971 the first successful strike happened, when Philadelphia carpenters campaigned for a ten-hour workday. This caused the need for skilled and unskilled laborers to skyrocket during the Industrial Revolution and the Civil War and also got the ball rolling with Labor unions. At this point in our Country, there had been nothing done yet for workers’ rights, conditions, pay, and so on. People at this time saw that they could come together and do something to make their lives better for themselves and their families. Many of these dates were important in shaping our country’s labor policies into what they are today. In 1847 New Hampshire enacts as the first state to enforce a 10-hour workday law. In 1909 the International Ladies’ Garment workers’ Union calls a strike in New York, demanding a 20-percent raise and a 52-hour workweek. Within two days, more than 20,000 workers from 500 factories walk off the job. This largely successful uprising
Imagine your parents died at work when you were a young child, and your family was in poverty. This happened all of the time in the late 1800’s and early 1900’s because of the lack of rights for workers. It was the job of many early labor unions of the late 1800’s and early 1900’s make working conditions for workers better. Early labor unions such as the Knights of Columbus, the American Federation of Labor, and the National Labor Union were all successful in creating rights for workers and making working conditions better. There are many ways that labor unions have affected modern day society.
According to Huffington Post there are millions of Americans living in poverty. Our current inflation rate from 1913-2013 have not mirrored the pace of wage increases. Because of this the Fair Labor Standards Act of 1938 was introduced. In society today the worker’s pay doesn’t keep up with our current inflation rate. But with the Fair Labor Standard Act everything changed. This act brought the everyday low wage earner out of poverty and stimulated the Gross Domestic Product. Now, why
Considered to be a landmark, in 1938 President Franklin D. Roosevelt signed the Fair Labor Standards Act. The nation was experiencing social and economic development of judicial opposition and depression. This law set national minimum wages and maximum hours workers can be required to work. Incorporated into this law are overtime pay and established standards to prevent child-labor abuse. Consequently, in 1963 an amendment was made to this law, which prohibited wage discrimination against women.
Portal-to-Portal act is a redefined amendment to the Fair Labor Standards Act. The act, in its simplest, defines what compensable
A major topic that comes up with unions is getting better wages for the employees. This is one of the main reasons that unions came to be. Workers of all fields were tired of being paid unfairly by big companies. They realized that they needed a way to organize themselves to fight for better pay. Unions helped aid in this fight. According to History.com, “ The formation of the Federal Society of Journeymen Cordwainers (shoemakers) in Philadelphia in 1794 marks the beginning of sustained trade union organization among American workers.” This was the first time workers tried to organize themselves to get more money for what they did. A key way that unions used workers to make businesses meet their demands was organized strikes. With these organized strikes, the big companies had to comply with some of the demands to raise the employee 's wage, or it would cost them more money in the long run. Strikes are a very powerful tool that unions have used often in the past. Unions orchestrated the strikes in the past pretty well, and the majority of strikes accomplished the goal they were trying to complete. Unions have always fought with companies to give the workers the pay they deserve.
The Labor Movement was necessary to protect the common interest of workers. The state of working environments during the Industrial Revolution produced a mandate for this movement. The Industrial Revolution served as a turning point for all western nations because of the influx of businesses and factories. America generally benefited from the revolution; however, it was at the expense of the workers. Industries were only interested in profit so workers were generally underpaid, worked long hours, and in unsafe conditions. Working conditions during the revolution were generally dreadful. And since there were copious amounts of people willing to work for any compensation, employers could set wages as low as they wanted. Labor unions arose because there were many who disagreed with how big businesses ran. A prime objective of labor unions is to make sure its members are paid fairly. Labor activists believe that employees and the company share its successes and that they should be rewarded for its productivity. Labor unions want to improve working conditions for their members. They demand reasonable working days along with safe working environments. Also, labor unions provide more than just job security and safety services. These services include provision of education and training to inform union members of their employment rights and to improve their basic skills. Labor unions are a group of employees who organize to provide a balance in negotiations between management and the
Labor Unions began in the United States in the mid-late 1800’s. The first founding labor union was the National Labor Union, started in 1866. This labor union was not set on a particular type of worker and even though it did not succeed in making a difference in workers’ rights, it set an important precedent in our country. Being a part of a labor union has lots of pros and cons, as well as, because of them, the right to work movement was created.