Civil Liberties
In reply to the discussion: For once I agree with Rand Paul. I also don't think Loretta Lynch should be Attorney General [View all]Jim Lane
(11,175 posts)The Constitution has never been interpreted to require private employers to do anything of the sort (to pay overtime, to maintain safe workplaces, to not hire children, etc.). All those things are illegal only because of statutes.
You refer to "the law allowing wage theft". What you call wage theft was perfectly legal until 1938, when the Fair Labor Standards Act became law. It was amended in 1947 to include the language I quoted. The overall effect is that the Act, as amended, requires overtime pay for certain required activities but not for others. Just as Congress has the power to decline to require overtime pay at all (the choice it made for the first century and a half under the Constitution), it has the power to require overtime pay for some activities but not for others. Congress could repeal the entire FLSA tomorrow without violating the Constitution.
The situation at that Amazon facility is not involuntary servitude because the workers aren't legally compelled to work there. "Economic circumstances forced me to take this job so it's involuntary and hence unconstitutional" has never been accepted as an interpretation of the Thirteenth Amendment, and with good reason.