Enacted by Congress in 1938, the Fair Labor Standards Act (FLSA) established a 25 cent minimum wage, a 44 hour long work week, which was later revised in 1940 to only 40 hours per week, and prohibited child labor (Fair Labor Standards, n.d.). However, in 1940, Fred Darby of Darby Lumber failed to comply to the regulations of the FLSA and was arrested when shipping lumber out of state because he was working his employees overtime and paying them under the minimum wage requirement.
After a hearing in the District Court, it was found that Darby’s violation of the FLSA was unconstitutional because the Commerce Clause only applied to interstate commerce, not local as Darby described his shipment was (United States, n.d.). However, that decision
After a hearing in the District Court, it was found that Darby’s violation of the FLSA was unconstitutional because the Commerce Clause only applied to interstate commerce, not local as Darby described his shipment was (United States, n.d.). However, that decision