The United States Constitution makes no reference to labor laws or the minimum wage. The Fair Labor Standards Act was introduced into the gray area of “implied powers.” There was a desperate need for guaranteed pay, especially for men who were breadwinners, as well as a limit on hours worked per week (Fair Labor Standards Act (1938), 2015). Although this act was not part of the Constitution, it was added to protect human rights and also for child labor laws. While the establishment of a minimum wage has been a boon to many people, it has also caused problems for employers and their ability to hire more employees. Because of the required increase in pay, employers have not been able to hire as many employees, so in many ways the Fair Labor Standards Act has hurt the employment chances of many Americans. Many Americans would have willingly worked for less than minimum wage just to be able to work, but are now no longer able to do so because of the new federal law (Schweikart & Allen, 2007). The same problems continue today with the federal minimum continuing to rise. While it must increase for Americans to afford basic necessities, the so-called “cost of living,” it still puts the employer in the position of determining whether it is necessary to reduce the number of employees.
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