[Author’s Name]
[Institution’s Name]
Essay on Fair Labor Standards Act
The naming of the Fair Labor Standards Act of 1938, the source of modern minimum wage policy in the United States, was itself a clue that a constitutional preemptive strike as well as a political achievement was planned. Due process called for fair procedures. Adkins had hinted that a fair wage might be constitutional. And federal antitrust legislation had won judicial approval with the argument that the Commerce Clause of the Constitution allowed Congress to establish the rules of fair competition. Administration lawyers seeking a basis for a federal minimum wage had ample reason for placing fairness at the forefront of their case and at the head of their title. The everyday meaning of fairness as justice barely entered either legal or political debate over the act. It was a technical, constitutional sense of fairness that gave the new policy its name. (Katharine Du Pre Lumpkin, 1939)
The FLSA found constitutional authority in the federal power to regulate commerce between the several states. The preamble to the act declared that “the existence … of labor conditions detrimental to the maintenance of the minimum standard of living necessary for health, efficiency, and general well-being of workers” variously: 1) used the medium of commerce to spread such conditions more widely; 2) burdened commerce itself and inhibited its free flow; 3) constituted unfair competition; 4) led to labor disputes; and 5) interfered with the orderly and fair marketing of goods. This was the rhetoric of the Webbs' paradigm of sweating, seeking fair economic processes, not of the original NCL model minimum wage law: “The welfare of the State of — demands that women and minors be protected from conditions of labor which have a pernicious effect on their health and morals.” The shift from police power to due process arguments after Adkins had diverted attention from gender issues.................
This essay has the followings:
Total words: 2,601
Total reference: 6
Total price: £ 49.95
Click here to Order this essay!
Get Professionally written Essays that are:
• Written According to your Exact Requirements
• 100% Original and Non-Plagiarized
• Written by Expert
UK Writers
• Delivered to you before your deadline
Amazingly Low Prices - £9.95/page
