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1840: "The first attempt legally to regulate
the working hours of men in the United States was the executive order of
President Van Buren in 1840, stipulating a ten-hour day in government
navy-yards." [Principles of labor legislation, by John R. Commons and
John B. Andrews. New York ; London : Harper and Brothers., 1920. Page 248]
1868: Congress provided that "eight hours
shall constitute a day's work for all laborers, workment, and mechanics who may
be employed by or on bahalf of the government of the United States." [United
States, Revised Statutes, 1878, Title 43, Sec. 3738. See United States
Commissioner of Labor, Second Special Report, 1896.]
May 8, 1895: The New York Bakeshop Act
of 1895 set some sanitation standards for bakeries and provided that
they could not employ their workers for more than 60 hours in any one week
February 28, 1898: In Holden v. Hardy, 69 U.S.
366, the Supreme Court approved a Utah law regulating the hours of labor for
men working in mines.
April 17, 1905: Lochner v. New York, 198
U.S. 45. The Supreme Court ruled that The New York Bakeshop Act of 1895 was
unconstitutional because of the provisions limiting the number of hours an
employee could work. "Clean and wholesome bread does not depend upon whether
the baker works but ten hours per day or only sixty hours a week. The
limitation of the hours of labor does not come within the police power on that
ground."
1906: Senator Albert J. Beveridge, Indiana,
introduced a bill banning the sale of products from any factory, shop, or
cannery that employed children under the age of 14, from any mine that employed
children under the age of 16, and from any facility that had children under the
age of 16 work at night or for more than 8 hours during the day.
1907: "Excessive hours having been recognized
as a factor in railroad accidents, both state and federal legislation was
passed to change the situation. In 1907, by a law applicable to workers on
interstate railroads, Congress set 16 as the maximum number of hours to be
worked in one day and provided for adequate rest periods. (34 Stat. 1415
(1907), 45 U. S. C. §61 (1935)) [Regulation of Wages and Hours Prior to
1938, by Frank T. De Vyver. Page 325]
February 24, 1908: Muller v. Oregon, 208
U.S. 412. The Supreme Court ruled that legislation limiting the hours of work
for women did not violate the constitution, "even when like legislation is not
necessary for men and could not be sustained."
1912: A bill limiting the hours of work for
women and children in New York factories to 54 hours a week was passed through
the efforts of Frances Perkins, at that time a lobbyist for the National
Consumer's League.
1916: The Keating–Owen Child
Labor Act of 1916, based on the 1906 child labor proposed bill by Senator
Albert J. Beveridge, banned the sale of products from any factory, shop, or
cannery that employed children under the age of 14, from any mine that employed
children under the age of 16, and from any facility that had children under the
age of 16 work at night or for more than 8 hours during the day. The
Keating-Owen Act was passed by Congress and signed into law by President
Woodrow Wilson.
1916: "In 1916, at the insistence of
President Wilson who sought to avert a strike, Congress provided for a basic
8-hour day for railroad trainmen with no reduction in wages. (39 Stat. 721
(1916), 45 U. S. C. §65 (1935). [Regulation of Wages and Hours Prior to 1938,
by Frank T. De Vyver, page 325]
April 9, 1917: Bunting v. Oregon, 243
U.S. 426. The Supreme Court declared unconstitutional an Oregon law requiring
payment of "overtime at the rate of time and one-half of the regular wage" to
employees of mills, factories, and manaufacturing establishments.
June 3, 1918: Hammer v. Dagenhart,
247 U.S. 251. The Supreme Court declared the Keating-Owen Child Labor bill
unconstitutional. This decision was overruled by United States v. Darby Lumber
Co.
September 19, 1918: Congress approved the
District of Columbia
minimum-wage law (40 Stat. 960) guaranteeing a minimum wage to women
and children employed in the District of Columbia.
December 1918: Child Labor Tax Law,
passed as part of the Revenue Act of 1919, imposed a federal excise tax of 10%
on annual net profits of those employers who used child labor in certain
businesses.
May 15, 1922: Bailey v. Drexel Furniture
Co., 259 U.S. 20. The Supreme Court ruled the 1919 Child Labor Tax Law
unconstitutional as an improper attempt by Congress to penalize employers using
child labor.
April 9, 1923: Adkins v. Children's
Hospital, 261 U.S. 525. The Supreme Court ruled that the 1918 District
of Columbia Minimum Wage Act, establishing a federal minimum wage for women and
children employed in the District of Columbia, was an unconstitutional
infringement of liberty of contract.
August 10, 1933: President Franklin D.
Roosevelt issued Executive Order 6246, requiring government contractors to
comply with codes of fair competition issued under the National Industrial
Recovery Act (NIRA). This became moot when the Supreme Court struck down the
NIRA in Schechter Poultry Corp. v. United States (1935).
May 27, 1935: Schechter Corp. v. United
States, 295 U.S. 495. The Supreme Court declared that the National
Recovery Act was unconstitutional.
June 1, 1936: Morehead v. New York ex
rel. Tipaldo, 298 U.S. 587. The Supreme Court upheld the
constitutionality of minimum wage legislation enacted by the State of
Washington.
June 30, 1936: The Walsh-Healey Public
Contracts Act (PCA) (41 USC §§6501-6511) passed. It established minimum wage,
maximum hours, and safety and health standards for work on contracts in excess
of $15,000 for the manufacturing or furnishing of materials, supplies,
articles, or equipment to the U.S. government or the District of Columbia. All
provisions of the PCA are administered by the Wage and Hour Division except the
safety and health requirements, which are administered by the Occupational
Safety and Health Administration (OSHA).
February 5, 1937: President Franklin
Roosevelt unveiled the Judicial Procedures Reform Bill of 1937, which is
generally referred to as the "court-packing plan"
March 29, 1937: West Coast Hotel Co. v.
Parrish (1937), The Supreme Court upheld the constitutionality of
minimum wage legislation enacted by the State of Washington.
May 24, 1937: The Fair Labor Standards Act of
1937 was introduced in Congress as S. 2475 in the Senate, and H.R. 7200 in the
House of Representatives.
June 25, 1938: The Fair Labor Standards Act
of 1938 (FLSA) was passed by Congress and signed by President Franklin Delano
Roosevelt
October 24, 1938: The Fair Labor Standards
Act went into effect.
