Minimum Wage, Overtime Pay, and Child Labor: An Inventory of Proposals in the 109th Congress to Amend the Fair Labor Standards Act Page: 4 of 16
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Minimum Wage, Overtime Pay, and
Child Labor: An Inventory of Proposals
in the 109th Congress to Amend
the Fair Labor Standards Act
The Fair Labor Standards Act (FLSA, 29 U.S.C. 201-219) is the basic federal
statute dealing with minimum wages, overtime pay, child labor, and related issues.
Almost immediately after its enactment in 1938, various Members of Congress
proposed its amendment to address worker and employer concerns. The act has now
undergone general amendment on eight separate occasions (1949, 1955, 1961, 1966,
1974, 1977, 1989, and 1996) in addition to numerous more specific legislated
changes in the statute. It has also been the subject of continuing administrative
rulemaking by the Department of Labor (DOL).
In the 109th Congress, further changes have been proposed - some to increase
worker protections and others, arguably, to allow employers more flexibility by
reducing them. This report will be updated, periodically, to reflect legislation
introduced and/or enacted by the 109th Congress.
An Introduction to the FLSA
When the federal wage and hour statute (the FLSA) was enacted in 1938, it was
not an especially new concept. Questions about minimum wages, overtime pay, child
labor, and related issues had been a central part of American (and world) labor policy
concerns for at least half a century. But only in the wake of the Great Depression
(beginning in 1929) was Congress able to forge a comprehensive federal measure that
would withstand judicial review while respecting the differing interests of employers
and workers.
The FLSA is divided roughly into three parts: minimum wage (Section 6),
overtime pay (Section 7), and child labor (Section 12). These are accompanied by
a body of statutory exemptions or exceptions (Section 13). Definitions appear in
Section 3. Other sections deal with administration, penalties, and related matters.
Enforcement (and interpretation) of the FLSA is a shared responsibility. On
occasion, the Congress has been precise about how the act should work. For
example, it provides a set statutory minimum wage: currently, $5.15 per hour.' The
'The individual states have often adopted state minimum wage standards that are in excess
of the federal statute, or that cover areas that are not covered by the federal enactment. In
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Whittaker, William G. Minimum Wage, Overtime Pay, and Child Labor: An Inventory of Proposals in the 109th Congress to Amend the Fair Labor Standards Act, report, May 19, 2006; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc807019/m1/4/: accessed April 18, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.