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 May 24, 1937 to  June 28, 1938: Introduction and Approval of The Fair Labor Standards Act

VLibrary.info Logo   May 24, 1937: The Fair Labor Standards Act of 1937 was introduced in the Senate by Hugo Black (D-AL) as S. 2475, and in the House of Representatives by Representative William P. Connery (D-MA) as H. R 7200.

VLibrary.info Logo   May 24, 1937: Message from the President of the United States Transmitting a Recommendation that the Congress Enact Legislation "Further to Help those who Toil in Factory and on Farm"

VLibrary.info Logo   Congress Record, Proceedings and Debates of the Seventy-Fifth Congress — May 24, 1937 through June 28, 1938:

NOTE: These records are available on GOVINFO.GOV under "Congressional Record (Bound), 1873 to 2016" at https://www.govinfo.gov/app/collection/crecb)

VLibrary.info Logo  First Session of the Seventy-Fifth Congress - Volume 81

VLibrary.info Logo  May 19, 1937, to June 17, 1937: Volume 81 - Part 5 (Pages 4745 to 5950):  [Senate]    [House of Representatives]

VLibrary.info Logo  June 18, 1937, to July 13, 1937: Volume 81 - Part 6 (Pages 5951 to 7152):  [Senate]    [House of Representatives]

VLibrary.info Logo  July 14, 1937, to August 6, 1937: Volume 81 -Part 7 (Pages 7153 to 8480)  [Senate]    [House of Representatives]

VLibrary.info Logo  Second Session of the Seventy-Fifth Congress - Volume 82

VLibrary.info Logo  November 15, 1937, to December 7, 1937: Volume 82 - Part 1 (Pages 1 to 1056)  [Senate]    [House of Representatives]

VLibrary.info Logo  December 8, 1937, to December 21, 1937: Volume 82 - Part 2 (Pages 1057 to 2052)  [Senate]    [House of Representatives] [December 13, 1937 to December 15, 1937] / [December 16, 1937 to December 21, 1937]

VLibrary.info Logo  Third Session of the Seventy-Fifth Congress - Volume 82

VLibrary.info Logo  April 5, 1938, to April 27, 1938: Volume 83 - Part 5 (Pages 4703 to 5884)  [Senate]    [House of Representatives]

VLibrary.info Logo  April 28, 1938, to May 19, 1938: Volume 83 - Part 6 (Pages 5885 to 7180)  [Senate]    [House of Representatives]

VLibrary.info Logo  May 20, 1938, to June 7, 1938: Volume 83 - Part 7 (Pages 7181 to 8462)  [Senate]    House of Representatives

VLibrary.info Logo  June 8, 1938, to June 16, 1938: Volume 83 - Part 8 (Pages 8463 to 9720)  [Senate]    [House of Representatives]

VLibrary.info Logo   June 2 to 15, 1937: Joint Hearings before the Committee on Education and Labor, United States Senate and the Committee on Labor, House of Representatives, Seventy-Fifth Congress First Session, on S. 2475 and H.R. 7200, Bills to provide for the establishment of Fair Labor Standards in Employments in and affecting interstate commerce and for other purposes.

VLibrary.info Logo  Part 1 - June 2 to 5, 1937 (Title Page to Page 269)

VLibrary.info Logo  Part 2 - June 7 to 15, 1937 (Pages 270 to 708)

VLibrary.info Logo   Part 2 - June 7 to 15, 1937 (Pages 709 to 996)

VLibrary.info Logo  Part 3 - June 7 to 15, 1937 (Pages 997 to 1,222)

VLibrary.info Logo   June 15, 1937: Congressman William Patrick Connery Jr., House sponsor of the Fair Labor Standards Act, died of a heart attack.

VLibrary.info Logo   July 31, 1937: - The Senate approved the Fair Labor Standards Act (FLSA) by a vote of 56 to 28 [See: CR 75, Volume 81, Part 7, page 7957]

VLibrary.info Logo   August 2, 1937: The House of Representatives received "A message from the Senate, by Mr. Frazier, its legislative clerk, announced that the Senate had passed bills of the following titles, in which the concurrence of the House is requested: …S. 2475. An act to provide for the establishment of fair labor standards in employments in and affecting interstate commerce, and for other purposes." [See: CR 75, Volume 81, Part 7, page 8002]

VLibrary.info Logo   August 6, 1937: "REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS" - "Representative Norton: Committee on Labor. S. 2475. An act to provide for the establishment of fair labor standards in employments in and affecting interstate commerce, and for other purposes; with amendment (Rept. No. 1452). Referred to the Committee of the Whole House on the state of the union." [See: CR 75, Volume 81, Part 7, page 8478]

VLibrary.info Logo  August 19, 1937: Hugo Black, Senate sponsor of the Fair Labor Standards Act of 1937, was sworn as an Associate Justice of the Supreme Court.

VLibrary.info Logo   August 21, 1937: The First Session of the 75th Congress adjourned without passing the Fair Labor Standards Act.

VLibrary.info Logo   October 15, 1937: President Roosevelt called a special session of Congress to consider passage of the Fair Labor Standards Act.

VLibrary.info Logo   November 15, 1937: The Special Session of the 75th Congress opened.

VLibrary.info Logo   November 15, 1937: President Roosevelt's Message to the Extraordinary Session of the Congress Recommending Certain Legislation. (Note: Comments regarding the Fair Labor Standards Act are on pages 496 and 497)

VLibrary.info Logo   December 17, 1937: By a vote of 216 to 198, the House of Representatives recommitted S. 2475 to the Labor Committee, thereby preventing the Fair Labor Standards Act of 1937 from being voted on during that session. [See CR 75, Volume 82, Part 2, page 1835]

VLibrary.info Logo   December 21, 1937: The Special Session of the 75th Congress adjourned.

VLibrary.info Logo   January 3, 1938: The Third Session of the 75th Congress opened.

VLibrary.info Logo   January 4, 1938: "…Representative Lister Hill, a strong Roosevelt supporter, won an Alabama election primary for the Senate by an almost 2-to-1 majority over an anti-New Deal congressman. The victory was significant because much of the opposition to wage-hour laws came from Southern congressmen. In February, a national public opinion poll showed that 67 percent of the populace favored the wage-hour law, with even the South showing a substantial plurality of support for higher standards.33" (FOOTNOTE 33: The New York Times, Jan. 5, Feb. 16, May 9, 1938.) [See Fair Labor Standards Act of 1938: Maximum Struggle for a Minimum Wage, By Jonathan Grossman..]

VLibrary.info Logo   Late January, 1938: "Reworking the bill: In the meantime, Department of Labor lawyers worked on a new bill. Privately, Roosevelt had told Perkins that the length and complexity of the bill caused some of its difficulties. "Can't it be boiled down to two pages?" he asked. Lawyers trying to simplify the bill faced the problem that, although legal language makes legislation difficult to understand, bills written in simple English are often difficult for the courts to enforce. And because the wage-hour, child-labor bill had been drafted with the Supreme Court in mind, Solicitor of Labor Gerard Reilly could not meet the President's two-page goal; however, he succeeded in cutting the bill from 40 to 10 pages. In late January 1938, Reilly and Perkins brought the revision to President Roosevelt. He approved it, and the new bill went to Congress.34" (FOOTNOTE 34: Perkins, Roosevelt, p. 261.) [See: Fair Labor Standards Act of 1938: Maximum Struggle for a Minimum Wage, By Jonathan Grossman.]

VLibrary.info Logo   April 21, 1938: Representative Norton reported to the House of Representatives that "…your Committee on Labor has favorably reported Senate 2475, with an amendment. The bill and report will be available in the document room tomorrow morning for the Members who care to see them." [CR75 Vol. 83, Part 5, page 5676]

VLibrary.info Logo   "Norton appointed Representative Robert Ramspeck of Georgia to head a subcommittee to bridge the gap between various proposals. The subcommittee's efforts resulted in the Ramspeck compromise which Perkins felt "contained the bare essentials she could support.35" (FOOTNOTE 35: The Public Papers and Addresses of Franklin D. Roosevelt, VII (Aug. 16, 1938), pp. 488-89; Perkins, Roosevelt, pp. 262-63.

VLibrary.info Logo   "Congress-the final round: The House Labor Committee voted down the Ramspeck compromise, but, by a 10-to-4 vote, approved an even more "barebones" bill presented by Norton. Her bill following the AFL proposal, provided for a 40-cent hourly minimum wage, replaced the wage boards proposed by the Ramspeck compromise with an administrator and advising commission, and allowed for procedures for investigation into certain cases.36" (FOOTNOTE 36: Roosevelt, Public Papers, VI (May 24, 1937), p. 215; Perkins, Roosevelt pp. 262-63)

VLibrary.info Logo   April 28, 1938: Representative Mary T. Norton (D-NJ), Chair of the House Labor Committee, introduced a revised version of the Fair Labor Standards Act that had been drafted by Gerard D. Reilly, Solicitor of Labor.

VLibrary.info Logo   May 3, 1938: "…Congressman Claude Pepper won a resounding victory over anti-New Dealer J. Mark Wilcox in the Florida Senate primary. Wilcox had made New Deal programs the major issue and had labeled Pepper "Roosevelt rubber stamp."Congressman Claude Pepper, who campaigned in favor of the Fair Labor Standards Act, defeated a strong opponent of the New Deal." [Fair Labor Standards Act of 1938: Maximum Struggle for a Minimum Wage.]

VLibrary.info Logo   May 6, 1938: A petition to discharge the Fair Labor Standards Act from the Rules Committee was placed on the desk of the Speaker of the House of Representatives, and was quickly signed by more than 200 members.

VLibrary.info Logo   May 23, 1938: In order to expedite passage of the bill the House committee substituted the Senate bill for its bill, H. R. 7200. The bill was reported to the House on August 6, 1937. [CR75 Vol. 83 - Part 7, page 7275]

VLibrary.info Logo   May 24, 1938: The House of Representatives approved the Fair Labor Standards Act by a vote of 314 to 97 (17 did not vote). . [CR75 Vol. 83 - Part 7, page 7449]

VLibrary.info Logo   June 14, 1938: The House of Representatives approved the Conference Committee Report by a vote of 291 to 89. [CR75 Vol. 83, Part 8, page 9266]

VLibrary.info Logo   June 14, 1938: The Senate approved the Conference Committee Report without a vote.

"The PRESIDENT pro tempore. The question is on agreeing to the conference report."

"Mr. BORAH. I ask for the yeas and nays."

"The yeas and nays were not ordered."

"The PRESIDENT pro tempore. The question is on agreeing to the conference report."

"The report was agreed to."

[CR75 Vol. 83, Part 8, page 9178]

VLibrary.info Logo   June 16, 1938: Congress approved S. 2475, the Fair Labor Standards Act of 1938.

VLibrary.info Logo   June 16, 1938: The Third Session of the 75th Congress adjourned.

VLibrary.info Logo   June 25, 1938: President Roosevelt signed the Fair Labor Standards Act of 1938, P.L. 75-718.

VLibrary.info Logo   June 28, 1938: President Roosevelt's comments during a press conference after he signed the Fair Labor Standards Act.

"I do think that next to the Social Security Act it is the most important Act that has been passed in the last two or three years" (Note: Comments regarding the Fair Labor Standards Act are on pages 496 and 497 of the attached record of the press conference)

VLibrary.info Logo   October 24, 1938: - The Fair Labor Standards Act went into effect.

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      VLibrary.info Logo RESOURCES

VLibrary.info Logo  "Analysis of the Labor Provisions of N. R. A. Codes", by Margaret H. Schoenfeld. Monthly Labor Review, Vol. 40, No. 3 (March 1935), pp. 574-603.

VLibrary.info Logo  Executive, Administrative, Professional . . . Outside Salesman" Redefined. Effective October 24, 1940. Report and Recommendations of the Presiding Officer at Hearings Preliminary to Redefintion  (The Stein Report - 1940). Wage and Hour Division. U. S. Department of Labor.

VLibrary.info Logo  Fair Labor Standards Act of 1938: Maximum Struggle for a Minimum Wage, By Jonathan Grossman. This article is available at https://www.dol.gov/general/aboutdol/history/flsa1938.

VLibrary.info Logo   Overtime Exemptions in the Fair Labor Standards Act for White-Collar Employees: Frequently Asked Questions. (CRS Report R45722) Congressional Research Service. Updated October 11, 2019. (This report is available through the Congressional Research Service site at: "Search CRSReports" at https://crsreports.congress.gov/)

VLibrary.info Logo  Overtime Exemptions in the Fair Labor Standards Act for White-Collar Employees: Frequently Asked Questions.Updated October 31, 2017. (R45007) (This report is available through the Congressional Research Service site at: "Search CRSReports" at https://crsreports.congress.gov/)

VLibrary.info Logo  Report and Recommendations on Proposed Revision of Regulations, Part 541 under the Fair Labor Standards Act Defining the Terms "Executive" "Administrative" "Professional" "Local Retailing Capacity" "Outside Salesman" (The Kantor Report - 1958). Wage and Hour and Public Contracts Divisions, U. S. Department of Labor. March 1958.

VLibrary.info Logo  Report and Recommendations on Proposed Revision of Regulations, Part 541. Defining the Terms "Executive" "Administrative" "Professional" "Local Retailing Capacity" "Outside Salesman" ••••• as contained in Section 13 (a) (1) of the Fair Labor Standards Act of 1938, providing exemptions from the wage and hour provisions of the act. (The Weiss Report - 1949) Wage and Hour and Public Contracts Divisions, U. S. Department of Labor.

VLibrary.info Logo  The Fair Labor Standards Act: A Historical Sketch of the Overtime Pay Requirements of Section 13(a)(1). By William G. Whittaker, Specialist in Labor Economics. Domestic Social Policy Division, Congressional Research Service. [CRS Report RL32088, page 2.] August 28, 2007. This report is available through the Congressional Research Service site at: "Search CRS Reports" at https://crsreports.congress.gov/.

VLibrary.info Logo  The Fair Labor Standards Act: Exemption of “Executive, Administrative and Professional” Employees Under Section 13(a)(1). (RL31995) Congressional Research Service, July 17, 2003. (This report is available through the Congressional Research Service site at: "Search CRSReports" at https://crsreports.congress.gov/)