Black-and-white photograph: firefighters spray water on the burning Asch Building, home of the Triangle Shirtwaist Factory, March 25, 1911.

Articles, with questions

The Floor

how New York got a minimum wage · reading 5

The People’s Share · GED Reasoning Through Language Arts · reading nonfiction

Part 1

Before you read

A true story: how New York got a minimum wage, from a factory fire in 1911, through two Supreme Court cases, to a strike by fast-food workers in 2012.

Kind of text
A history article about government and the law, written for The People’s Share.
What to expect
It covers almost a hundred years, and it ends with an argument that is still going on.
Length
About 850 words, in 9 paragraphs. A reading passage on the test is 450 to 900 words.
Time
About 7 minutes to read, and 20 for the questions.

Words you will meet

unionparagraph 1
an organization of workers who bargain together with their employer over pay and working conditions
garment factoryparagraph 2
a factory where clothing is made
Constitutionparagraph 4
the highest law of the United States; a court can strike down any law that goes against it
Supreme Courtparagraph 4
the highest court in the United States, with nine justices
majorityparagraph 4
more than half; here, the five justices who voted together
landslideparagraph 5
an election won by a very large margin
electoral votesparagraph 5
the votes, given state by state, that decide who becomes president
chambermaidparagraph 6
a woman who cleans rooms in a hotel
overtimeparagraph 7
hours worked beyond the normal workweek, which must be paid at a higher rate
cost of livingparagraph 9
how much it costs to pay for rent, food, and other basic needs

The article

The Floor


1On November 29, 2012, about 200 fast-food workers in New York City walked off the job. They worked at McDonald’s, Burger King, KFC, and other chains, and many of them earned little more than the state’s minimum wage, which was then $7.25 an hour. They made two demands: pay of $15 an hour, and the right to form a union. Many people thought the demand was impossible. Fifteen dollars was more than twice the minimum. Less than four years later, it was the law in New York. But the fight over a minimum wage in New York did not begin in 2012. It began almost a hundred years earlier.

2A minimum wage is the lowest pay an employer is allowed by law to pay a worker for an hour of work. People often call it a floor: pay can go up from there, but not below it. In the early 1900s, there was no floor. Employers paid whatever workers would accept, and many workers, especially women and children in laundries, shops, and garment factories, were paid too little to live on.

3One New Yorker who set out to change that was Frances Perkins. In 1911, she watched from the street as the Triangle Shirtwaist Factory near Washington Square burned, and 146 workers, most of them young immigrant women, died. She spent the rest of her life working for laws to protect workers. When Franklin Roosevelt became governor of New York, he put her in charge of the state’s labor department. In 1933, New York passed a minimum wage law for women and children. Perkins had helped write it.

4The law did not last. A laundry manager in Brooklyn, Joseph Tipaldo, paid the women who worked for him $10 a week, less than the law required. When the state took him to court, he argued that the law itself was against the Constitution. On June 1, 1936, the United States Supreme Court agreed with him, by a vote of five to four. The majority said that a minimum wage law interfered with the freedom of an employer and a worker to agree on whatever pay they chose.

5The decision was unpopular, even with many people who usually sided with business. President Roosevelt said it left a “no-man’s-land” where no government, state or federal, could act. That November, Roosevelt was reelected in one of the largest landslides in American history, winning 523 electoral votes to his opponent’s 8.

6Then the Court changed its mind. Elsie Parrish was a chambermaid who cleaned rooms in a hotel in Wenatchee, Washington. Her state had a minimum wage law for women, and her employer had paid her less. On March 29, 1937, in a case called West Coast Hotel v. Parrish, the Supreme Court ruled in her favor, again by five to four. One justice had changed sides. A state could set a minimum wage after all.

7The door was now open for a national law. Frances Perkins, by then Secretary of Labor in Washington, had kept drafts of such a law in her desk drawer. On June 25, 1938, President Roosevelt signed the Fair Labor Standards Act. It set the first national minimum wage, 25 cents an hour. It limited the workweek to 44 hours, dropping later to 40, with extra pay for overtime, and it banned the worst kinds of child labor. But it covered only about one worker in five. Farmworkers and household workers, such as maids and cooks, were left out.

8The national minimum wage is a floor for the whole country, and a state can set its own floor higher. After the 2012 strike, fast-food workers kept striking and marching, and they were joined by workers in other cities. In 2015, a state board recommended $15 an hour for fast-food workers in New York. On April 4, 2016, Governor Andrew Cuomo signed a law raising the minimum wage for nearly all workers in the state, step by step. Large employers in New York City had to pay $15 by the end of 2018, and the rest of the state followed on a slower schedule.

9Today, in 2026, the minimum wage is $17 an hour in New York City, Long Island, and Westchester, and $16 in the rest of the state. Starting in 2027, it will rise each year with the cost of living. The national minimum wage, meanwhile, has been $7.25 since 2009. Every raise in New York’s history has been argued over. Business owners have warned that a higher minimum wage forces employers to raise prices or hire fewer people. Supporters answer that no one who works full time should be too poor to pay the rent. Economists still disagree about how much each side is right. What is not in doubt is that the floor did not build itself. It was built by people like Frances Perkins, Elsie Parrish, and the workers who walked out in 2012.

Part 2

Questions like the test’s

Eight questions, in the kinds the test uses. Press Check after each one. If you miss, the page tells you why the answer you chose is tempting, and you can try again.

1. Which statement best expresses the main idea of the article?

2. The article begins with the strike of 2012 and then goes back to the early 1900s. Why?

3. In paragraph 2, the author says people call the minimum wage a floor. What does the word mean here?

4. Choose the words that best complete the sentence. drop-down

In 1936, the Supreme Court struck down New York’s law because the majority believed a minimum wage .

5. Put these events in the order they happened. Choose 1 for the first and 5 for the last. put in order

The first national minimum wage is signed into law.
New York passes a minimum wage law for women and children.
New York passes a law for a $15 minimum wage.
The Supreme Court strikes down New York’s law.
The Supreme Court rules for Elsie Parrish.

6. Paragraph 7 begins: “The door was now open for a national law.” What opened the door?

7. Which two statements are supported by the article? choose two

8. In paragraph 9, how does the author present the argument over raising the minimum wage?

Part 3

For talking it over

These have no single right answer. They are for class, or for thinking about on your own.

  1. Frances Perkins, Elsie Parrish, and the fast-food strikers were very different people. What did each of them do that made a difference? What did each of them risk?
    A place to start

    Think about Elsie Parrish, a chambermaid, taking her employer to court.

  2. Business owners warn that a higher minimum wage means higher prices or fewer jobs. Supporters say no one who works full time should be too poor to pay the rent. What have you seen yourself, as a worker, a customer, or an employer?
  3. Farmworkers and household workers were left out of the 1938 law. Why might lawmakers have left those workers out? Who do you think is left out of protections today?
    A place to start

    Think about who did those jobs in 1938, and who had a voice in Congress.

Part 4

Write about it

Choose one of these and write in the box below. Put the number of the one you chose at the top. The box saves your writing as you go, under your code, and you can send it to Myles when it is ready.

  1. 1. Explain it

    Explain how New York got a minimum wage. Write one paragraph, and use at least four events from the article, in the order they happened.

    Start with one sentence that sums up the whole story. Use words that show time and cause: first, then, because, as a result.

  2. 2. Take a side

    Should the national minimum wage, $7.25 since 2009, be raised? Take a side, and give reasons.

    State your position in your first sentence. Use at least one fact from the article, and answer the strongest reason someone on the other side might give.

Where the facts come from

The facts in this article were checked against: the U.S. Department of Labor’s history “Fair Labor Standards Act of 1938: Maximum Struggle for a Minimum Wage”; the Princeton Historical Review on the court cases of 1936 and 1937; the encyclopedia entry on Morehead v. New York ex rel. Tipaldo; CNN and the NYC Food Policy Center on the 2012 strike; the National Employment Law Project on the 2016 law; and Spectrum News on the 2026 rates. For the latest rates, see the New York State Department of Labor.

The pictures on this page

☞ For the Constitution and the courts, see Rights on Paper. The skills in these questions are taught one at a time in the quizzes: Quiz 1, main idea; Quiz 6, how ideas relate; Quiz 7, words in context. Back to all the articles.

Answers

1 D · 2 B · 3 C · 4 interfered with the freedom to agree on pay · 5 (top to bottom) 4, 1, 5, 2, 3 · 6 A · 7 A and C · 8 C