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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.
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"
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)
First Session of the
Seventy-Fifth Congress - Volume 81
May 19, 1937, to June
17, 1937: Volume 81 - Part 5 (Pages 4745 to 5950): [Senate] [House of
Representatives]
June 18, 1937, to July
13, 1937: Volume 81 - Part 6 (Pages 5951 to 7152): [Senate] [House of
Representatives]
July 14, 1937, to August
6, 1937: Volume 81 -Part 7 (Pages 7153 to 8480) [Senate] [House of
Representatives]
Second Session of the
Seventy-Fifth Congress - Volume 82
November 15, 1937, to
December 7, 1937: Volume 82 - Part 1 (Pages 1 to 1056) [Senate] [House of
Representatives]
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]
Third Session of the
Seventy-Fifth Congress - Volume 82
April 5, 1938, to April
27, 1938: Volume 83 - Part 5 (Pages 4703 to 5884) [Senate] [House of
Representatives]
April 28, 1938, to May
19, 1938: Volume 83 - Part 6 (Pages 5885 to 7180) [Senate] [House of
Representatives]
May 20, 1938, to June 7,
1938: Volume 83 - Part 7 (Pages 7181 to 8462) [Senate] House of
Representatives
June 8, 1938, to June
16, 1938: Volume 83 - Part 8 (Pages 8463 to 9720) [Senate] [House of
Representatives]
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.
Part 1 - June 2
to 5, 1937 (Title Page to Page 269)
Part 2 - June 7
to 15, 1937 (Pages 270 to 708)
Part 2 - June 7
to 15, 1937 (Pages 709 to 996)
Part 3 - June
7 to 15, 1937 (Pages 997 to 1,222)
June 15, 1937: Congressman William Patrick
Connery Jr., House sponsor of the Fair Labor Standards Act, died of a heart
attack.
July 31, 1937: - The Senate approved S. 2475
by a vote of 56 to 28. (NOTE: This copy of S. 2745 was provided by the Center for Legislative Archives on May 6, 2024) [See: CR 75, Volume 81, Part
7, page 7957]
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]
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]
August 13, 1937: Representative Mary Norton (D-NJ) introduced House Resolution 312 calling for the House of Reprentatives to consider 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 8478]
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.
August 21, 1937: The First Session of the
75th Congress adjourned without passing the Fair Labor Standards
Act.
October 15, 1937: President Roosevelt called
a special session of Congress to consider passage of the Fair Labor Standards
Act.
November 15, 1937: The Special Session of
the 75th Congress opened.
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)
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]
December 21, 1937: The Special Session of
the 75th Congress adjourned.
January 3, 1938: The Third Session of the
75th Congress opened.
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: MaximumStruggle for a Minimum Wage, By Jonathan Grossman.)
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:
The Roosevelt I knew, by Frances Perkins. New York : Penguin Books, 2011. Page
261.)
(See: Fair Labor Standards Act of 1938: Maximum Struggle for a Minimum Wage, By Jonathan Grossman.)
The AF of L finally stated the form of a bill it
would stand for. Congressman Griswold of Indiana drafted a bill which was said
to have originated in the AF of L Council. This simply established a forty-hour
work-week and a forty-cent minimum wage in all industries. It omitted
provisions for administrative investigation. The only method of enforcement was
a section which made violations a criminal offense and left action to the
courts.
]
(See: The Roosevelt I knew, Frances Perkins ; introduction by Adam Cohen. New York : Penguin Books, 2011. Page 250. )
March 1, 1938: On March 1, 1938, Mrs.
Norton appointed a subcommittee of the House Labor Committee, composed of seven
members, with Representative Robert Ramspeck of Georgia as chairman. Numerous
people conferred with him, and he made heroic efforts to formulate a practical
piece of legislation. Some modifications were made in the abbreviated draft
which the President had approved. This draft contemplated the establishment of
wage boards empowered to fix wages and hours so that gradually an ultimate goal
of forty cents an hour and a forty-hour week could be reached. It contained
provisions for studies of particular industries with opportunities for hearing
and appeal. It seemed to me that the bill contained the bare essentials the
administration could support.
(See: The Roosevelt I knew, Frances Perkins ; introduction by Adam Cohen. New York : Penguin Books, 2011. Page 250. )
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]
"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] ("Fair Labor Standards Act of 1938:
Maximum Struggle for a Minimum Wage" By Jonathan Grossman)
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. ("Fair Labor Standards Act of 1938 : Maximum Struggle for a
Minimum Wage" By Jonathan Grossman)
April 28, 1938: Mrs. Norton decided to
present a bill along the lines of the one offered by the AF of L. Her bill set
an absolute floor to wages with virtually no procedure for investigation or
adjustment of the needs of particular industries. It provided that pay for the
first year would be not less than twenty-five cents an hour, with an increase
of five cents an hour every year thereafter until a rate of forty cents an hour
was reached. It set a maximum work-week of forty-four hours for the first year,
with a reduction of two hours each subsequent year until a forty-hour work-week
was achieved.
This bill was reported favorably by a vote of 14
to 4, while the recommendations of the Ramspeck subcommittee were rejected, 10
to 8. It was reported to the House on April 21. The Rules Committee, by a vote
of 8 to 6, again refused to report a resolution enabling the House to consider
the measure. This again necessitated resort to a discharge petition.
(See: The Roosevelt I knew, Frances Perkins ; introduction by Adam Cohen. New York : Penguin Books, 2011. Page 251.)
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.]
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.
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]
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]
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]
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]
June 16, 1938: Congress approved S. 2475,
the Fair Labor Standards Act of 1938.
June 16, 1938: The Third Session of the
75th Congress adjourned.
June 25, 1938: President Roosevelt signed
the Fair Labor Standards Act of 1938, P.L. 75-718.
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)
October 24, 1938: - The Fair Labor Standards
Act went into effect.
===============================================================================================================================================================================
RESOURCES "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.
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.
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.
'Legislative History of the Fair Labor Standards Act' John S. Forsythe. 6 Law and Contemporary Problems, 464-490 (Summer 1939) Available at: https://scholarship.law.duke.edu/lcp/vol6/iss3/14
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/)
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/)
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.
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.
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/.
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/)
