The type of constitutional power used to set a federal minimum wage is:
- **Expressed**: The power to set a federal minimum wage falls under the category of expressed powers granted to the federal government by the U.S. Constitution. This authority is specifically outlined in the Commerce Clause of the Constitution, which gives Congress the power to regulate commerce among the states. Setting a federal minimum wage is considered a form of regulating commerce as it affects businesses and workers across state lines.
By utilizing its expressed power under the Commerce Clause, Congress passed the Fair Labor Standards Act (FLSA) in 1938, which established the first federal minimum wage. The FLSA empowers the federal government to set a minimum wage that employers must pay their employees, ensuring a baseline level of compensation and fair treatment for workers across the country.
