The Fair Labor Standards Act is one of several comprehensive federal enactments regulating the relationship between employers and their employees in interstate commerce. These enactments have not followed a common pattern, nor have the means provided for their effective administration and enforcement been the same in each instance. Taken together, however, they establish our national labor policy. The underlying theory of this policy is that employees do not stand upon an equal footing with organized management and are unable to exert, individually, sufficient bargaining power to prevent management from imposing upon them conditions of employment detrimental to their welfare and inimical to the public interest; and, therefore, that it is the function of government to redress this inequality by imposing certain minimum standards of conduct. Generally speaking, the effect of these standards is to restrict the employer's freedom of action and guarantee to the employees certain "fundamental" rights.
George W. Crockett, Jr.,
REINSTATEMENT OF EMPLOYEES UNDER THE FAIR LABOR STANDARDS ACT,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol42/iss1/3