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After the Declaration of Independence, slavery in the US was progressively abolished in the north, but only finished by the 13th Amendment in 1865 near the end of the American Civil War. Modern US labor law mostly comes from statutes passed between 1935 and 1974, and changing interpretations of the US Supreme Court. [11]
The Thirteenth Amendment (Amendment XIII) to the United States Constitution abolished slavery and involuntary servitude, except as punishment for a crime.The amendment was passed by the Senate on April 8, 1864, by the House of Representatives on January 31, 1865, and ratified by the required 27 of the then 36 states on December 6, 1865, and proclaimed on December 18.
Indentured servitude is a form of labor in which a person is contracted to work without salary for a specific number of years. The contract called an "indenture", may be entered voluntarily for a prepaid lump sum, as payment for some good or service (e.g. travel), purported eventual compensation, or debt repayment.
Fair Labor Standards Act of 1938, minimum wage and overtime; West Coast Hotel Co. v. Parrish, 300 U.S. 379 (1937) upholding the legality of the minimum wage, reversing Adkins; United States v. Darby Lumber Co., 312 U.S. 100 (1941) held that all labor standards could be regulated consistently with the Commerce Clause, reversing Hammer
The constitutional basis for convict leasing is that the 1865 Thirteenth Amendment, while abolishing slavery and involuntary servitude generally, permits it as a punishment for crime. The purpose of the practice of convict leasing was to provide financial profits to the lessees, and to the government agencies that sold convict labor to the ...
Three Reconstruction Amendments were passed and ratified after the Civil War, which ended in 1865. The Thirteenth Amendment is the least cited in case law by the judiciary.
A considerable number of states have enacted laws which fix a day's labour in the absence of any contract, some at eight and others at ten hours, so that when an employer and an employee make a contract and they do not specify what shall constitute a day's labour, eight or ten hours respectively would be ruled as the day's labour in an action ...
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