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Title 29 — Labor

Chapter 8 — Fair Labor Standards

§ 202. Congressional finding and declaration of policy

Statutory text

(a)

The Congress finds that the existence, in industries engaged in commerce or in the production of goods for commerce, of labor conditions detrimental to the maintenance of the minimum standard of living necessary for health, efficiency, and general well-being of workers (1) causes commerce and the channels and instrumentalities of commerce to be used to spread and perpetuate such labor conditions among the workers of the several States; (2) burdens commerce and the free flow of goods in commerce; (3) constitutes an unfair method of competition in commerce; (4) leads to labor disputes burdening and obstructing commerce and the free flow of goods in commerce; and (5) interferes with the orderly and fair marketing of goods in commerce. That Congress further finds that the employment of persons in domestic service in households affects commerce.

(b)

It is declared to be the policy of this chapter, through the exercise by Congress of its power to regulate commerce among the several States and with foreign nations, to correct and as rapidly as practicable to eliminate the conditions above referred to in such industries without substantially curtailing employment or earning power.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Fair Labor Standards Act of 1938

    Pub. L. 75–676 § 2 · 52 Stat. 1060

    Enacted · 29 U.S.C. § 202

    June 25, 1938, ch. 676, § 2, 52 Stat. 1060

    Source evidence

    Code source credit
    June 25, 1938, ch. 676, § 2, 52 Stat. 1060

    Enacted provision · exact public law section
    Sec. 2. finding and declaration of policy (a) The Congress hereby finds that the existence, in industries engaged in commerce or in the production of goods for commerce, of labor conditions detrimental to the maintenance of the minimum standard of living necessary for health, efficiency, and general well-being of workers (1) causes commerce and the channels and instrumentalities of commerce to be used to spread and perpetuate such labor conditions among the workers of the several States; (2) burdens commerce and the free flow of goods in commerce; (3) constitutes an unfair method of competition in commerce; (4) leads to labor disputes burdening and obstructing commerce and the free flow of goods in commerce; and (5) interferes with the orderly and fair marketing of goods in commerce. (b) It is hereby declared to be the policy of this Act, through the exercise by Congress of its power to regulate commerce among the several States, to correct and as rapidly as practicable to eliminate the conditions above referred to in such industries without substantially curtailing employment or earning power.

  2. Public Law not identified

    Inserted · 29 U.S.C. § 202(b)

    Subsec. (b). Act Oct. 26, 1949, inserted reference to regulation of commerce with foreign nations

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (b). Act Oct. 26, 1949, inserted reference to regulation of commerce with foreign nations.

  3. Pub. L. 93–259 § 7(a) · [88 Stat. 55]

    Inserted · 29 U.S.C. § 202(a)

    Pub. L. 93–259 inserted finding of Congress that employment of persons in domestic service in households affects commerce

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 93–259 inserted finding of Congress that employment of persons in domestic service in households affects commerce.

    Enacted provision · exact public law section
    (a) Section 2(a) is amended by inserting at the end the following new sentence: “That Congress further finds that the employment of persons in domestic service in households affects commerce.”

    Effective date note
    Pub. L. 93–259, § 29(a), Apr. 8, 1974, 88 Stat. 76, provided that: “Except as otherwise specifically provided, the amendments made by this Act [see Short Title of 1974 Amendment note set out under section 201 of this title] shall take effect on May 1, 1974.”

2 of 3 references resolved to an enrolled provision · 1 unresolved

Editorial Notes

Amendments1949–1974 · 2 rounds

1974

Subsec. (a). Pub. L. 93–259 inserted finding of Congress that employment of persons in domestic service in households affects commerce.

1949

Subsec. (b). Act , inserted reference to regulation of commerce with foreign nations.

Statutory Notes and Related Subsidiaries

Effective Date of 1974 Amendment

Pub. L. 93–259, § 29(a), , 88 Stat. 76, provided that: “Except as otherwise specifically provided, the amendments made by this Act [see Short Title of 1974 Amendment note set out under section 201 of this title] shall take effect on .”

Effective Date of 1949 Amendment

Act Oct. 26, 1949, ch. 736, § 16(a), 63 Stat. 919, provided that: “The amendments made by this Act [enacting section 216b of this title, amending this section and sections 203 to 208, 211 to 216, and 217 of this title, and repealing section 216a of this title] shall take effect upon the expiration of ninety days from the date of its enactment []; except that the amendment made by section 4 [amending section 204 of this title] shall take effect on the date of its enactment [].”

Rules, Regulations, and Orders With Regard to Fair Labor Standards Amendments of 1974

Pub. L. 93–259, § 29(b), , 88 Stat. 76, provided that: “Notwithstanding subsection (a) [set out as an Effective Date of 1974 Amendment note above], on and after the date of the enactment of this Act [] the Secretary of Labor is authorized to prescribe necessary rules, regulations, and orders with regard to the amendments made by this Act [see Short Title of 1974 Amendment note set out under section 201 of this title].”

Credits

1938–1974 · 3 acts
  1. 1938June 25, 1938, ch. 676, § 2, 52 Stat. 1060
  2. 1949Oct. 26, 1949, ch. 736, § 2, 63 Stat. 910
  3. 1974Pub. L. 93–259, § 7(a), , 88 Stat. 62.
Show as published

(June 25, 1938, ch. 676, § 2, 52 Stat. 1060; Oct. 26, 1949, ch. 736, § 2, 63 Stat. 910; Pub. L. 93–259, § 7(a), , 88 Stat. 62.)

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USLM identifier /us/usc/t29/s202