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The Fair Labor Standards Act of 1938 requires a federal minimum wage, currently $7.25 but higher in 29 states and D.C., and discourages working weeks over 40 hours through time-and-a-half overtime pay. There are no federal laws, and few state laws, requiring paid holidays or paid family leave.
The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law. When a particular clause becomes an important ...
The United States Constitution also prohibits discrimination by federal and state governments against their public employees. Discrimination in the private sector is not directly constrained by the Constitution, but has become subject to a growing body of federal and state law, including the Title VII of the Civil Rights Act of 1964. Federal ...
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
Originally, bankruptcy in the United States, as nearly all matters directly concerning individual citizens, was a subject of state law. However, there were several short-lived federal bankruptcy laws before the Act of 1898: the Bankruptcy Act of 1800, [3] which was repealed in 1803; the Act of 1841, [4] which was repealed in 1843; and the Act of 1867, [5] which was amended in 1874 [6] and ...
Senator Robert F. Wagner (D – NY) subsequently pushed legislation through Congress to give a statutory basis to federal labor policy that survived court scrutiny. On July 5, 1935, a new law—the National Labor Relations Act (NLRA, also known as the Wagner Act)—superseded the NIRA and established a new, long-lasting federal labor policy. [18]
The Labor Department’s decision, they argue, contradicts the principles of collective bargaining, a cornerstone of labor rights, by imposing a rigid one-size-fits-all policy.
Article Six of the United States Constitution establishes the laws and treaties of the United States made in accordance with it as the supreme law of the land, forbids a religious test as a requirement for holding a governmental position, and holds the United States under the Constitution responsible for debts incurred by the United States under the Articles of Confederation.