The Fair Labor Standards Act of 1938 applied to employees engaged in interstate commerce. It prohibited child labor, established a minimum wage and overtime pay. It was challenged and upheld by a Supreme Court liberal interpretation of the commerce clause of the Constitution. During past decades there have been multiple amendments to the act preventing discrimination and increasing the minimum wage.

First of all, the Acts should have been ruled unconstitutional when compared to the original intent of the signers of the 1787 Constitution.

Secondly, there is a significant difference in the cost of living by state, by county and by city. A newly established national minimum wage such as $15 per hour may be totally inadequate in a high cost area, adequate in a moderate cost area, and excessive in a low cost area. Why should businesses in a low cost area be penalized? A more equitable implementation of forced wages would depend on states and urban areas to establish the associated minimum wage. Higher wages could be established to retain and attract employees or lower wages could be established to attract businesses.

Thirdly, low wage earners are typically subsidized by social programs. Arbitrarily establishing an increased minimum wage may result in an individual becoming ineligible for one or more social programs. The impact may be a reduction in standard of living.