Fair Labor Standards Act of 1. Maximum Struggle for a Minimum Wage. Fair Labor Standards Act of 1. Maximum Struggle for a Minimum Wage. By Jonathan Grossman. When he felt the time was ripe, President Roosevelt asked Secretary of Labor Perkins, 'What happened to that nice unconstitutional bill you had tucked away?'On Saturday, June 2. Congress had adjourned, President Franklin D.
Roosevelt signed 1. Among these bills was a landmark law in the Nation's social and economic development - - Fair Labor Standards Act of 1. FLSA). Against a history of judicial opposition, the depression- born FLSA had survived, not unscathed, more than a year of Congressional altercation. In its final form, the act applied to industries whose combined employment represented only about one- fifth of the labor force. In these industries, it banned oppressive child labor and set the minimum hourly wage at 2. Forty years later, a distinguished news commentator asked incredulously: ! Among notable cases is the 1.
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Hammer v. Dagenhart in which the Court by one vote held unconstitutional a Federal child- labor law. Similarly in Adkins v. Children's Hospital in 1.
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Court by a narrow margin voided the District of Columbia law that set minimum wages for women. During the 1. 93. Court's action on social legislation was even more devastating. New Deal promise.
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On signing the bill, the President stated: . Signers agreed to a workweek between 3. Employers who signed the agreement displayed a . The Cotton Textile Code was the first of these and one of the most important. It provided for a 4. North and $1. 2 in the South, and abolished child labor. The President said this code made him .
The 1. 93. 5 case of Schechter Corp. United States tested the constitutionality of the NRA by questioning a code to improve the sordid conditions under which chickens were slaughtered and sold to retail kosher butchers.
All nine justices agreed that the act was an unconstitutional delegation of government power to private interests. Even the liberal Benjamin Cardozo thought it was . Most notorious was the 1.
Joseph Tipaldo. 1. The manager of a Brooklyn, N. Y., laundry, Tipaldo had been paying nine laundry women only $1. New York State minimum wage law. When forced to pay his workers $1. Tipaldo coerced them to kick back the difference. When Tipaldo was jailed on charges of violating the State law, forgery, and conspiracy, his lawyers sought a writ of habeas corpus on grounds the New York law was unconstitutional.
The Supreme Court, by a 5- to- 4 majority voided the law as a violation of liberty of contract. The Tipaldo decision was among the most unpopular ever rendered by the Supreme Court. Even bitter foes of President Roosevelt and the New Deal criticized the Court. Ex- President Herbert Hoover said the Court had gone to extremes. Conservative Republican Congressman Hamilton Fish called it a . Wage- hour legislation was a campaign issue in the 1.
Presidential race. The Democratic platform called for higher labor standards, and, in his campaign, Roosevelt promised to seek some constitutional way of protecting workers. He tried to pave the way for such legislation in his speeches and new conferences in which he spoke of the breakdown of child labor provisions, minimum wages, and maximum hour standards after the demise of the NRA codes. When Roosevelt won the 1.
New Deal and was determined to overcome the obstacle of Supreme Court opposition as soon as possible. In February 1. 93.
Roosevelt further voiced his disappointment with the Court at the victory dinner for his second inauguration, saying if the . Parrish. 1. 4 Elsie Parrish, a former chambermaid at the Cascadian Hotel in Wenatchee, Wash., sued for $2. State minimum wage. In an unexpected turn- around, Justice Owen Roberts voted with the four- man liberal minority to uphold the Washington minimum wage law. As other close decisions continued to validate social and economic legislation, support for Roosevelt's Court . Meanwhile, Justice Roberts felt called upon to deny that he had switched sides to ward off Roosevelt's court- packing plan. He claimed valid legal distinctions between the Tipaldo case and the Parrish case.
Nevertheless, many historians subscribe to the contemporary view of Robert's vote, that . But a policeman threw her back into the crowd. Roosevelt told an aide, .
Today the 2. 00 of us girls have been cut down to $4 and $5 and $6 a week. To a reporter's question, the President replied, . ROOSEVELT Public Papers and Addresses, Vol.
V New York, Random House, 1. Back to the drawing board. Justice Roberts' .
It is also a turning point in American social history, for it marked a new legal attitude toward labor standards. To be sure, validating a single State law was a far cry from upholding general Federal legislation, but the Parrish decision encouraged advocates of fair labor standards to work all the harder to develop a bill that might be upheld by the Supreme Court. An ardent advocate. No top government official worked more ardently to develop legislation to help underpaid workers and exploited child laborers than Secretary Frances Perkins. Almost all her working life, Perkins fought for pro- labor legislation. To avoid the sometime pitfall of judicial review, she consulted legal experts in forming legislation. Her autobiographical account of her relations with President Roosevelt is filled with the names of lawyers with whom she discussed legislation: Felix Frankfurter, Thomas Corcoran, Gerard Reilly, Benjamin Cohen, Charles Wyzanski, and many others both within and outside Government.
When, in 1. 93. 3, President Roosevelt asked Frances Perkins to become Secretary of Labor, she told him that she would accept if she could advocate a law to put a floor under wages and a ceiling over hours of work and to abolish abuses of child labor. When Roosevelt heartily agreed, Perkins asked him, . She then told Roosevelt, .
You're pretty unconstitutional, aren't you? One of the bills that Perkins had . Under the bill Government contractors would have to agree to pay the . The idea had been tried in World War I to woo worker support for the war.
Then, President Hoover reincarnated the . This act - - the Davis- Bacon Act - - in expanded form stands as a bulwark of labor standards in the construction industry. Roosevelt and Perkins tried to make model employers of government contractors in all fields, not just construction. They were dismayed to find that, except in public construction, the Federal Government actually encouraged employers to exploit labor because the Government had to award every contract to the lowest bidder. In 1. 93. 5, approximately 4. NRA. The Roosevelt- Perkins remedial initiative resulted in the Public Contracts Act of 1.
Walsh- Healey). The act required most government contractors to adopt an 8- hour day and a 4. The bill had been hotly contested and much diluted before it passed Congress on June 3. Though limited to government supply contracts and weakened by amendments and court interpretations, the Walsh- Healey Public Contracts Act was hailed as a token of good faith by the Federal Government - - that it intended to lead the way to better pay and working conditions. A broader bill is born. President Roosevelt had postponed action on a fair labor standards law because of his fight to . To cope with the danger of judicial review, Perkins' lawyers had taken several constitutional approaches so that, if one or two legal principles were invalidated, the bill might still be accepted. The bill provided for minimum- wage boards which would determine, after public hearing and consideration of cost- of- living figures from the Bureau of Labor Statistics, whether wages in particular industries were below subsistence levels.
Perkins sent her draft to the White House where Thomas Corcoran and Benjamin Cohen, two trusted legal advisers of the President, with the Supreme Court in mind, added new provisions to the already lengthy measure. To that version Roosevelt added a child- labor provision based on the political judgment that adding a clause banning goods in interstate commerce produced by children under 1.
Houses, because child- labor limitations were popular in Congress. Congress- round IOn May 2. President Roosevelt sent the bill to Congress with a message that America should be able to give . Connery of Massachusetts introduced corresponding legislation in the House. The Black- Connery bill had wide Public support, and its path seemed smoothed by arrangements for a joint hearing by the labor committees of both Houses. Generally, the bill provided for a 4. The bill also proposed a five- member labor standards board which could authorize still higher wages and shorter hours after review of certain cases.
Proponents of the bill stressed the need to fulfill the President's promise to correct conditions under which . For example, a survey by the Labor Department's Children's Bureau of a cross section of 4. States showed nearly one- fourth of them working 6.
The median wage was slightly over $4 a week. One advocate, Commissioner of Labor Statistics Isador Lubin, explained to the joint Senate- House committee that during depressions the ability to overwork employees, rather than efficiency, determined business success. The economy, he reported, had deteriorated to the chaotic stage where employers with high standards were forced by cut- throat competition to exploit labor in order to survive. Prosperity, they insisted, depended on the . Some leaders, such as Sidney Hillman of the Amalgamated Clothing Workers Union and David Dubinsky of the International Ladies' Garment Workers' Union, supported a strong bill.
In fact, when Southern congressmen asked for the setting of lower pay for their region, Dubinsky's union suggested lower pay for Southern congressmen. But William Green of the American Federation of Labor (AFL) and John L.