3 Facts About Fair Labor Standards Act of 1938

The Fair Labor Standards Act of 1938 is known for its creation of minimum wage, abolishment of oppressive child labor, and foundation of labor practices and guidelines we have today. But today’s standard has a long history and a changing future.

Here are three facts about the FLSA:

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1. The first federal minimum wage was 25 cents per hour.
While several states had passed minimum wage legislation earlier, there was no minimum wage at the federal level. The FLSA initially set this minimum wage at 25 cents an hour in 1938, according to the Department of Labor.

When looked at 40 years later, the DOL said a news commentator exclaimed, "My God! 25 cents an hour! Why all the fuss?"

The original legislation also set the workweek to 44 hours and made it illegal for most children younger than 14 years old to work.

2. More than 20 amendments have been made to the act.
Encyclopedia.com reported that most of these amendments have been to increase the minimum wage. However, one notable amendment was the 1963 Equal Pay Act that eliminated gender-based pay differences.

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3. Some workers can be paid less than minimum wage.
The FLSA includes provisions for workers to be paid less than minimum wage in certain conditions. This includes tipped employees, youth employees in certain circumstances, and those with impaired “productive capacity” such as a physical or mental disability, the DOL said.

The subminimum wage for those with disabilities is currently being challenged by disability advocates such as the National Federation of the Blind. The proposed Transitioning to Integrated and Meaningful Employment (TIME) Act seeks to get rid of this provision.

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