June 1938

The Fair Labor Standards Act of 1938, establishing the federal minimum wage, 40-hour workweek, and overtime protections, explicitly excluded agricultural workers and domestic servants from its coverage — at Southern Democratic insistence. These exclusions covered approximately 65% of employed Black workers. The Act's overtime and minimum wage protections applied almost exclusively to manufacturing and commercial sectors dominated by white workers. Black workers in domestic service, the largest category of Black female employment, remained without wage protections until 1974. The pattern of New Deal legislation consistently excluded Black workers who needed it most.

The Fair Labor Standards Act of 1938, establishing the federal minimum wage and 40-hour workweek, explicitly excluded agricultural workers and domestic servants from its coverage — at Southern Democratic insistence. These exclusions covered approximately 65% of employed Black workers. The Act's overtime and minimum wage protections applied almost exclusively to manufacturing and commercial sectors dominated by white workers. Black women in domestic service remained without wage protections until 1974. The pattern of New Deal legislation consistently excluded Black workers who needed it most.