BUILDING BLOCKS OF CHANGE: STATE INITIATIVES AND THE FAIR LABOR STANDARDS ACT § 14(C)
Author: Abigail E. Cregge
Minimum wage has been a passionate topic for Americans ever since the federal statutory scheme for minimum wages, known as the Federal Labor Standards Act (“FLSA”), was introduced in 1938. At that time, the idea of establishing fair labor standards for the workforce by setting a pay floor was revolutionary.The American people very quickly supported the idea of being paid proper wages for their work and having their wages protected from unscrupulous labor practices. As a result, state statutes were also put into effect expanding minimum wage protections. However, social and economic realities in America, such as rising inflation and an increased cost of living, have changed greatly over time. As such, the FLSA has been amended to reflect these changes by increasing minimum wage, which has been done on twenty-two occasions. However, even though the minimum wage itself has continually increased over time, there are still aspects of the Federal Labor Standards Act that have been minimally altered since its adoption. For example, §14 of the FLSA, which applies to learners, apprentices and disabled workers, has been almost completely stagnant since 1938.