"A Sweat Shop of the Whole Nation": The Fair Labor Standard Act and the Failure of Regulatory Unionism

In: Studies in American political development, Band 15, Heft 1, S. 33-52

Abstract

Traces the legislative history of the Fair Labor Standards Act (FLSA) to argue that it represents a missed opportunity to bolster the marginalized role of women & minorities. It is contended that the special treatment approach, as opposed to the equal treatment approach, holds greater promise of constructing a more progressive social welfare state. Changing the rules of the game gives disadvantaged groups the possibility of obtaining more political & economic power. A look at the limited applicability of the "universal" FLSA indicates its weakness stems from inadequate institutional execution that was primarily related to the Wage & Hour Division put in place by New Deal Democrats. This regulatory agency focused on guaranteeing universal rights to better wages/work conditions instead of the procedural power to bargain for them. The recourse for social transformation offered by the 1935 creation of the National Labor Relations Board is discussed, along with the probability of different outcomes for workers, unions, & the political landscape if Congress had given unions the power to police sweatshops. 163 References. J. Lindroth