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Efforts to Regulate Minimum Wage before the Fair Labor Standards Act

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VLibrary.info Logo 1911: The Massachusetts legislature authorized the creation of the first minimum wage commission in the United States to investigate conditions and report upon the advisability of establishing a permanent wage commission.

(See: page 8 in Minimum wage legislation (222 pages), by Irene Osgood Andrews, assistant secretary, American association for labor legislation. Albany, J. B. Lyon company, printers, 1914. See also page 12 in Minimum-Wage Legislation in the United States and Foreign Countries (334 pages) ; Bulletin of the United States Bureau of Labor Statistics, No. 167 : Bureau of Labor Statistics, Charles H. Verrill, Washington, D.C: Government Printing Office, April 1915.)

VLibrary.info Logo June 4, 1912: The Massachusetts legislature approved an Act to establish a Minimum Wage Commission and to provide for the determination of minimum wages for women and minors. It was charged with inquiring …into the wages paid to the female employees in any occupation in the commonwealth to see if …the commission has reason to believe that the wages paid to a substantial number of such employees are inadequate to supply the necessary cost of living and to maintain the worker in health.

(For language of the Act to establish the Minimum Wage Commission and to provide for the determination of minimum wages for women and minors see pages 63-66 of the First Annual report of the Minimum Wage Commission of Massachusetts: For the Six Months Ending December 31, 1913. (67 pages), Boston : Wright and Potter Printing Company, State Printers. 1914.) See also pages 134-139 in Minimum wage legislation, by Irene Osgood Andrews, assistant secretary, American association for labor legislation. Albany, J. B. Lyon company, printers,1914.

VLibrary.info Logo July 1, 1913: The Massachusetts minimum wage law went into effect.

(See page 41 in Minimum-Wage Legislation in the United States and Foreign Countries ; Bulletin of the United States Bureau of Labor Statistics, No. 167 (334 pages) : Bureau of Labor Statistics, Charles H. Verrill, Washington, D.C: Government Printing Office, April 1915.)

VLibrary.info Logo 1913: The First Annual report of the Minimum Wage Commission of Massachusetts : For the Six Months Ending December 31, 1913. (67 pages) included the observation that …the commission is of the opinion that in the occupation in question the wages paid to a substantial number of female employees are inadequate to supply the necessary cost of living and to maintain the worker in health and included the recommendation that the law be amended to give it authority to issued determinations of minimum wages for women and minors in specific industries.

VLibrary.info Logo March 24, 1913: Governor Ernest Lister of the State of Washington signed S. B. 100 (7 pages) - AN ACT to protect the lives, health, morals of women and minors, workers, establishing an industrial welfare commission for women and minors, prescribing its powers and duties, and providing for the fixing of minimum wages and the standard condition of labor for such workers and providing penalties for violation of the same, and making an appropriation therefor. The Supreme Court affirmed the constitutionality of this law on March 29, 1937 in West Coast Hotel Co. v. Parrish (1937) (36 pages)

(See: pages 602-608, Session Laws of the State of Washington, Thirteenth Session, Convened January 13; Adjourned March 13, 1913 by I. M. Howell, Secretary of State. Frank M. Lamborn, Public Printer.)

VLibrary.info Logo  August 5, 1913: The Oregon Industrial Welfare Commission issued the first minimum wage order to take effect in the United States requiring that, effective October 4, 1913, "A minimum wage of one dollar ($1) a day shall be established for girls between the ages of sixteen (16) and eighteen (18) years…" if they were working in a "…manufacturing or mercantile establishment, millinery, dressmaking or hair dressing shop, laundry, hotel or restaurant, telephone or telegraph establishment or office…" .

(See: pages 29-33, Minimum wage legislation, by Irene Osgood Andrews, assistant secretary, American association for labor legislation. Albany, J. B. Lyon company, printers, 1914.)

VLibrary.info Logo April 1915: Minimum-Wage Legislation in the United States and Foreign Countries ; Bulletin of the United States Bureau of Labor Statistics, No. 167 (335 pages) : Bureau of Labor Statistics, Charles H. Verrill, Washington, D.C: Government Printing Office, April 1915. Accessed November 24, 2024 at https://fraser.stlouisfed.org/title/5372.

VLibrary.info Logo February 28, 1918: Senator Park M. Trammell (D-FL) introduced S. 3993 (15 pages), a bill to protect the lives and health and morals of women and minor workers in the District of Columbia, and to establish a Minimum Wage Board, and define its powers and duties, and to provide for the fixing of minimum wages for such workers, and for other purposes; which, was read twice and referred to the Committee on the District of Columbia.

VLibrary.info Logo March 1, 1918: Representative Edward Keating (D-CO) introduced H. R. 10367 (16 pages), an Act to to protect the lives and health and morals of women and minor workers in the District of Columbia, and to establish a Minimum Wage Board, and define its powers and duties, and to provide for the fixing of minimum wages for such workers, and for other purposes, which was referred to the Committee on the District of Columbia and ordered to be printed.

VLibrary.info Logo April 16, 1918: Hearings (44 pages), before the Subcommittee of the Committee of the Committee on the District of Columbia, House of Representatives, Sixty-Fifth Congress, Second Session, on H. R. 10367, a bill providing for the establishment of a minimum wage in the District of Columbia for women and children.

VLibrary.info Logo April 16, 1918: Hearings (1 page) Before the Subcommittee of the Committee on the District of Columbia, House of Representatives, Sixty-Fifth Congress, Second Session, on H. R. 10367, Providing for the Establishment of a Minimum Wage Scale in the District of Columbia for Women and Children.

VLibrary.info Logo April 17, 1918: Hearings (44 pages) before the Subcommittee of the Committee on the District of Columbia, House of Representatives, Sixty-Fifth Congress, Second Session, on S. 3993 (15 pages), a bill to protect the lives and health and morals of women and minor workers in the District of Columbia, and to establish a Minimum Wage Board, and define its powers and duties, and to provide for the fixing of minimum wages for such workers, and for other purposes.

VLibrary.info Logo May 14, 1918: Representative Edward Keating (D-CO) introduced H. R. 12098 (14 pages), a bill to protect the lives and health and morals of women and minor workers in the District of Columbia, and to establish a Minimum Wage Board, and define its powers and duties, and to provide for the fixing of minimum wages for such workers, and for other purposes. which was referred to the Committee on the District of Columbia and ordered to be printed.

VLibrary.info Logo May 15, 1918: H. R. 12098 (House Report No. 571) (14 pages), a bill to protect the lives and health and morals of women and minor workers in the District of Columbia, and to establish a Minimum Wage Board, and define its powers and duties, and to provide for the fixing of minimum wages for such workers, and for other purposes, which was committed to the Committee of the Whole House on the state of the Union and ordered to be printed.

VLibrary.info Logo May 15, 1918: The Committee on the District of Columbia submitted House Report 571 (5 pages) to accompany H. R. 12098 (14 pages), a bill to protect the lives and health and morals of women and minor workers in the District of Columbia, and to establish a minimum-wage board, and define its powers and duties, and to provide for the fixing of minimum wages for such workers, and for other purposes, with the recommendation that it pass. Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

VLibrary.info Logo May 16, 1918: Senator Park M. Trammell (D-FL) introduced S. 4548 (14 pages), a bill to protect the lives and health and morals of women and minor workers in the District of Columbia, and to establish a Minimum Wage Board, and define its powers and duties, and to provide for the fixing of minimum wages for such workers. The bill was read twice and referred to the Committee on the District of Columbia.

VLibrary.info Logo June 7, 1918: The Committee on the District of Columbia, submitted Report No. 486 [Calendar No. 444] (8 pages) on S. 4548, a bill to protect the lives and health and morals of women and minor workers in the District of Columbia, and to establish a minimum wage board, and define its powers and duties, and to provide for the fixing of minimum wages for such workers, and for other purposes, having considered the same, report thereon with the recommendation that the bill pass, with recommended amendments.

VLibrary.info Logo June 7, 1918: Senator Henry F. Hollis (D-NH) reported Report No. 486 (Calendar No. 444) (14 pages), with amendments to S. 4548, a bill to protect the lives and health and morals of women and minor workers in the District of Columbia, and to establish a Minimum Wage Board, and define its powers and duties, and to provide for the fixing of minimum wages for such workers.

VLibrary.info Logo June 7, 1918: The Committee on the District of Columbia submitted an adverse Report No. 488 (1 page) to accompany S. 3993 (15 pages) (a bill to protect the lives and health and morals of women and minor workers in the District of Columbia, and to establish a minimum wage board, and define its powers and duties, and to provide for the fixing of minimum wages for such workers, and for other purposes, having considered the same) recommending that S. 3993 (15 pages) be indefinitely postponed since a similar bill (S. 4548) had been favorably reported by the committee.

VLibrary.info Logo July 8, 1918: Congressional Record testimony (19 pages) in the debate over H. R. 12098 (14 pages), a bill to establish a minimum wage board for the District of Columbia.

(See: See the Congressional Record, 65th Congress, Second Session, Volume 56, Part 9, pages 8871 to 8889.

VLibrary.info Logo August 22 (calendar day, August 27), 1918: H. R. 12098 (19 pages) - An Act to to protect the lives and health and morals of women and minor workers in the District of Columbia, and to establish a Minimum Wage Board, and define its powers and duties, and to provide for the fixing of minimum wages for such workers, and for other purposes, was read twice and referred to the Committee on the District of Columbia.

VLibrary.info Logo August 26, 1918: Congressional Record testimony (4 pages) in the debate over H. R. 12098 (14 pages), a bill to establish a minimum wage board for the District of Columbia.

(See: See the Congressional Record, 65th Congress, Second Session, Volume 56, Part 10, pages 9534 to 9537.

VLibrary.info Logo September 6, 1918: H. R. 12098, Report No. 562 (14 pages), An Act to to protect the lives and health and morals of women and minor workers in the District of Columbia, and to establish a Minimum Wage Board, and define its powers and duties, and to provide for the fixing of minimum wages for such workers, and for other purposes, was reported by Mr. Kenyon without amendment.

VLibrary.info Logo September 11, 1918: Congressional Record testimony (1 page) in the debate over H. R. 12098 (14 pages). Senator William S. Kenyon (R – IA) moved that the Senate consider House bill H. R. 12098 (14 pages), saying that it was “known as the minimum wage bill for the District of Columbia. It has passed the House and has been reported unanimously from the District of Columbia Committee of the Senate.” However, at the motion of Thomas S. Martin (D-VA), the bill was temporarily laid aside.

(See the Congressional Record, 65th Congress, Second Session, Volume 56, Part 10, page 10189.

VLibrary.info Logo  September 19, 1918 Congress approved the District of Columbia minimum-wage law (40 Stat. 960) (5 pages) guaranteeing a minimum wage to women and children employed in the District of Columbia.

VLibrary.info Logo  April 9, 1923: In Adkins v. Children's Hospital (261 U.S. 525) (47 pages) the Supreme Court ruled that the 1918 District of Columbia Minimum Wage Act, which established a federal minimum wage for women and children employed in the District of Columbia, was an unconstitutional infringement of liberty of contract. The Supreme Court overturned this decision in West Coast Hotel Co. v. Parrish, 300 U.S. 379 (1937).

VLibrary.info Logo  October 24, 1929: The Dow Jones Industrial Average started dropping precipitously, forcing many investors to sell their shares - leading to a collapse of stock prices. The resulting financial loss is considered a major cause of the Great Depression (1929-1939), ruining many businesses and sending millions into unemployment.

VLibrary.info Logo  March 3, 1931: President Herbert Hoover signed the Davis–Bacon Act (PL 71-798) into law. The Act required that laborers and mechanics working on public works projects be paid not less than the local prevailing wages, thereby effectively establishing the local prevailing wage as the minimum wage for those employees. It had been introduced in the Senate by James J. Davis (R-PA), and in the House of Representatives by Robert L. Bacon (R-NY).

VLibrary.info Logo  May 17, 1933: The National Industrial Recovery Act was introduced in the House by Representative Robert L. Doughton (D–NC) as H.R. 5755.

(See: page 4062 of the Congressional Record, First Session of the Seventy-Third Congress, Volume 77, Part 4, available at https://www.govinfo.gov/app/collection/crecb/_crecb/Volume%20077%20(1933))

VLibrary.info Logo  June 16, 1933: President Franklin Roosevelt signed the National Industrial Recovery Act (Pub.L. 73–67, 48 Stat. 195).

The law contained provisions relating to minimum wages and maximum hours of labor:

"SEC. 7. (a) Every code of fair competition, agreement, and license approved, prescribed, or issued under this title shall contain the following conditions: (1) That employees shall have the right to organize and bargain collectively through representatives of their own choosing, and shall be free from the interference restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection; (2) that no employee and no one seeking employment shall be required as a condition of employment to join any company union or to refrain from joining, organizing, or assisting a labor organization of his own choosing; and (3) that employers shall comply with the maximum hours of labor, minimum rates of pay, and other conditions of employment, approved or. prescribed by the President." [NOTE: Underlining added]

"SEC. 7. (b) The President shall, so far as practicable, afford every opportunity to employers and employees in any trade or industry or subdivision thereof with respect to which the conditions referred to in clauses (1) and (2) of subsection (a) prevail, to establish by mutual agreement, the standards as to the maximum hours of labor, minimum rates of pay, and such other conditions of employment as may be necessary in such trade or industry or subdivision thereof to effectuate the policy of this title; and the standards established in such agreements, when approved by the President, shall have the same effect as a code of fair competition, approved by the President under subsection (a) of section 3." [NOTE: Underlining added]

"SEC. 7. (c) Where no such mutual agreement has been approved by the President he may investigate the labor practices, policies, wages, hours of labor, and conditions of employment in such trade or industry or subdivision thereof; and upon the basis of such investigations, and after such hearings as the President finds advisable, he is authorized to prescribe a limited code of fair competition fixing such maximum hours of labor, minimum rates of pay, and other conditions of employment in the trade or industry or subdivision thereof investigated as he finds to be necessary to effectuate the policy of this title, which shall have the same effect as a code of fair competition approved by the President under subsection (a) of section 3. The President may differentiate according to experience and skill of the employees affected and according to the locality of employment; but no attempt shall be made to introduce any classification according to the nature of the work involved which might tend to set a maximum as well as a minimum wage." [NOTE: Underlining added]

"SEC. 206. All contracts let for construction projects and all loans and grants pursuant to this title shall contain such provisions as are necessary to insure …(2) that (except in executive, administrative, and supervisory positions), so far as practicable and feasible, no individual directly employed on any such project shall be permitted to work more than thirty hours in anyone week; (3) that all employees shall be paid just and reasonable wages which shall be compensation sufficient to provide, for the hours of labor as limited, a standard of living in decency and comfort;…. [NOTE: Underlining added]

(See: https://www.archives.gov/milestone-documents/national-industrial-recovery-act.)

VLibrary.info Logo  July 27, 1933 President Franklin Roosevelt issued The President's Reemployment Agreement, which started with the statement To Every Employer: 1. This agreement is part of a nationwide plan to raise wages, create employment, and thus increase purchasing power and restore business. That plan depends wholly on united action by all employers. For this reason I ask you, as an employer, to do your part by signing. The Agreement included provisions for a minimum wage of not less that $15 per week, a 40 hour workweek, prohhibitions against employing child labor.

(See: page 235, The Roosevelt I knew, byFrances Perkins ; introduction by Adam Cohen. New York : Penguin Books,2011.

VLibrary.info Logo  August 10, 1933: President Franklin Roosevelt issued Executive Order 6246, requiring government contractors to comply with codes of fair competition issued under the National Industrial Recovery Act (NIRA).

(See: http://www.fdrlibrary.marist.edu/_resources/images/eo/eo0007.pdf. See also https://www.presidency.ucsb.edu/documents/executive-order-6246-code-compliance-and-government-purchases)

VLibrary.info Logo  May 27, 1935: In Schechter Corp. v. United States, (295 U.S. 495), the U.S. Supreme Court declared that the National Recovery Act was unconstitutional.

VLibrary.info Logo  Concerned by the opposition to the way that the National Recovery Act was functioning might cause it to fail, Secretary of Labor Frances Perkins later wrote that "During this period of doubt over NRA's future, I began to explore means to save what I thought was basic and important - the limitation of hours of labor and the establishment of a floor under wages. I persuaded the solicitor of the Department of Labor to draw up two bills. One, a public contacts bill, employed the conception Felix Frankfurter had given us in 1932 that the Federal Government had power under the Constitution to determine the labor considerations under which goods purchased by the Government should be manufactured. The other, assuming the constitutionality of federal legislation, called for general wage and hour stnadards and embodied the idea that the Black thirty-hour bill of 1932 and 1933 had lacked."

VLibrary.info Logo  June 14, 1935: The Walsh-Healey Public Contracts Act was introduced in the Senate by David Walsh (D-MA), and in the House of Representative by Arthur Healey (D-MA).

VLibrary.info Logo  August 12, 1935: The Walsh-Healey Public Contracts Act was passed by the Senate without a roll call.

(See: pages 12883-12896, Congressional Record, 74th Congress, 1st Session, Volume 79, Part 12 (August 12, 1935).

VLibrary.info Logo  June 1, 1936: In Morehead v. New York ex rel. Tipaldo, (298 U.S. 587), the U.S. Supreme Court declared that a law enacted by the State of New York providing a minimum wage for women and children was unconstitutional.

(See: page 237, The Roosevelt I knew, by Frances Perkins ; introduction by Adam Cohen. New York : Penguin Books, 2011.

VLibrary.info Logo  June 30, 1936: The Walsh-Healey Public Contracts Act (41 USC §§6501-6511) was signed by President Franklin Roosevelt. 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.

"This Walsh-Healey Public Contracts Act was an important forerunner of the Fair Labor Standards Act, since it established the forty-hour for contractors manufacturing supplies for the government, directed the Secretary of Labor to determine rates for the manufacture of such commodities, forbade the employment of children in the performance of government contracts, and established an administrative procedure in the Department of Labor for detecting violations and enforcing the labor provisions in the contract."

(See: page 242, The Roosevelt I knew, by Frances Perkins ; introduction by Adam Cohen. New York : Penguin Books, 2011.

VLibrary.info Logo  March 29, 1937: In West Coast Hotel Co. v. Parrish (1937), the U.S. Supreme Court upheld the constitutionality of minimum wage legislation enacted by the State of Washington. In this decision, the Supreme Court overturned their 1923 ruling in Adkins v. Children's Hospital, (261 U.S. 525).

In his decision, Chief Justice Charles Evans Hughes Sr. wrote that "The exploitation of a class of workers who are in an unequal position with respect to bargaining power and are thus relatively defenceless against the denial of a living wage is not only detrimental to their health and well being but casts a direct burden for their support upon the community. What these workers lose in wages the taxpayers are called upon to pay. The bare cost of living must be met" and that "The community is not bound to provide what is in effect a subsidy for unconscionable employers."

VLibrary.info Logo  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.

(See: "May 24, 1937 to June 28, 1938: Introduction and Approval of The Fair Labor Standards Act" at http://vlibrary.info/FLSA/FLSA_IP.html)

VLibrary.info Logo  June 25, 1938: The Fair Labor Standards Act of 1938 was passed by Congress and signed by President Franklin Roosevelt.

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

VLibrary.info Logo  February 3, 1941: In United States v. Darby, 312 U.S. 100 (1941), the U.S. Supreme Court ruled that Fair Labor Standards Act was "within the authority of Congress within the commerce power and consistent with the Fifth and Tenth Amendments."

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      VLibrary.info Logo RESOURCES

VLibrary.info Logo A living wage by legislation : the Oregon experience, by Edwin V. O'Hara, chairman of the Industrial Welfare Commission of the State of Oregon. Salem, Or., State Print. Dept., 1916.

VLibrary.info Logo A living wage; its ethical and economic aspects (386 pages), By the Rev. John Augustine Ryan. New York, The Macmillan company; London, Macmillan & co.,ltd., 1906. (NOTE: This book was Library of Congress site on December 12, 2024.)

VLibrary.info Logo Bible and Labor, by Joseph Husslein. National Catholic Welfare Conference. The Macmillan Company, New York, 1924

VLibrary.info Logo  Congressional Record (Bound), 1873 to 2016, U.S. Government Publishing Office. (Available online at GovInfo.gov at https://www.govinfo.gov/app/collection/crecb)

VLibrary.info Logo First Annual report of the Minimum Wage Commission of Massachusetts : For the Six Months Ending December 31, 1913. (67 pages), Boston : Wright and Potter Printing Company, State Printers. 1914.

VLibrary.info Logo List of References on Minimum Wage for Women in the United States and Canada (48 pages), Compiled by Edna L. Stone. Bulletin of the Women's Bureau, No. 4. Washington. Government Printing Office. 1925.

VLibrary.info Logo Minimum Wage Legislation (222 pages), by Irene Osgood Andrews, assistant secretary, American association for labor legislation. [Reprinted from Appendix III of the Third Report of the New York State Factory Investigating Commission.] Albany, J. B. Lyon company, printers, 1914.

NOTE: Downloaded from the Library of Congress on November 25, 2024 from: https://tile.loc.gov/storage-services/public/gdcmassbookdig/minimumwagelegis00andr/minimumwagelegis00andr.pdf

VLibrary.info Logo Minimum-Wage Legislation in the United States and Foreign Countries ; Bulletin of the United States Bureau of Labor Statistics, No. 167 (334 pages) : Bureau of Labor Statistics, Charles H. Verrill, Washington, D.C: Government Printing Office, April 1915.

VLibrary.info Logo Principles of Economics, Volume I, by Alfred Marshall. London and New York : Macmillan and Co., 1890.

VLibrary.info Logo  "Regulation of Wages and Hours Prior to 1938" by Frank T. de Vyver. Law and Contemporary Problems, Vol. 6, No. 3, The Wage and Hour Law (Summer, 1939), pp. 323-332 (10 pages). Published By: Duke University School of Law

VLibrary.info Logo Report on condition of woman and child wage-earners in the United States, Volume V. Wage-Earning Women in Stores and Factories (384 pages) Prepared under the direction of Charles P. Neill, Commissioner of Labor. Washington, Government Printing Office, 1910-13.

(NOTE: This record can be found on govinfo.gov at: https://www.govinfo.gov/app/details/SERIALSET-05689_00_00-002-0645-0000.)

VLibrary.info Logo The Development of Minimum-Wage Laws in the United States, 1912 to 1927 (649 pages) : Women's Bureau Bulletin, No. 61., by Mildred J. Gordon and Estelle S. Frankfurter. Women's Bureau, Washington: Government Printing Office, 1928.

(NOTE: This record can be found online at: https://fraser.stlouisfed.org/title/development-minimum-wage-laws-united-states-1912-1927-5372.)

VLibrary.info Logo The National Child Labor Committee and its work, Everett W. Lord. National Child Labor Committee, New York City, 1909.

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VLibrary.info Logo  "Winning the Eight-Hour Day,1909-1919" by Robert Whaples. The Journal of Economic History Vol. 50, No. 2 (Jun., 1990), pp. 393-406. Cambridge University Press.