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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.
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.
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]
Between one-half and two-thirds of European immigrants to the Thirteen Colonies between the 1630s and the American Revolution came under indentures. [6] The practice was sufficiently common that the Habeas Corpus Act 1679, in part, prevented imprisonments overseas; it also made provisions for those with existing transportation contracts and those "praying to be transported" in lieu of ...
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 ...
Labor reforms in the 19th and 20th eventually outlawed many of these forms of labors. However, illegal unfree labor in the form of human trafficking continued to grow, and the economy continued to rely on unfree labor from abroad. Starting at the end of the 20th century, there became an increased public awareness of human trafficking.
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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