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Note: The Right Of The Federal Government To Regulate State Employment Practices, Steven M. Swirsky

Fordham Urban Law Journal

The power of the federal government to regulate aspects of private employment (i.e., minimum wages, overtime pay, the right to unionize) has become a recognized aspect of the relationship between employers and employees. The Supreme Court has upheld such federal regulation as a valid exercise of congressional power to regulate interstate commerce. In the past decade, Congress has extended the coverage of labor statutes to workers in the public sector. The Fair Labor Standards Act (FLSA) was enacted to foster the "maintenance of the minimum standards of living necessary for health, efficiency and general well-being of workers..." To achieve this …