Whereas the War Department is engaged in public-work activities within the United States (including the storage and movement of war materials and the embarketion of troops) which are essential to the prosecution of the war; and Whereas there exists an acute shortage of laborers and mechanics; and Whereas the efficient and speedy accomplishment of such activities requires that laborers and mechanics therefor be employed in excess of eight hours a day; and Whereas , by section 1 of the act of August 1, 1892, 27 Stat. 340, as amended by the act of March 3, 1913, 37 Stat. 726 (U.S.C., title 40, sec. 321), the services of all laborers and mechanics employed by the Government of the United States upon any public work of the United States is limited to eight hours in any one calendar day, except in case of extraordinary emergency; and Whereas I find that by reason of the foregoing an extraordinary emergency exists: Now, Therefore , by virtue of the authority vested in me by section 1 of the said act of August 1, 1892, as amended by the said act of March 3, 1913, and as President of the United States, I hereby suspend for the duration of the emergencies proclaimed by me on September 8, 1939, and May 27, 1941, the above-mentioned provisions of law prohibiting more than eight hours of labor in one day by laborers and mechanics employed by the Government of the United States as to all work performed by laborers and mechanics employed by the War Department on any public work within the United States which is essential to the prosecution of the war: Provided , that the wages of all laborers and mechanics so employed by the War Department shall be computed on a basic day rate of eight hours of work with overtime to be paid at time and one-half for all hours of work in excess of eight hours in any one day. FRANKLIN D ROOSEVELT The White House, December 28, 1942.
Executive Order 9290—Suspension of Eight-Hour Law as to Laborers and Mechanics Employed by the War Department on Public Works Within the United States
Executive Brief • At a Glance
I hereby suspend for the duration of the emergencies proclaimed by me on September 8, 1939, and May 27, 1941, the above-mentioned provisions of law prohibiting more than eight hours of labor in one day by laborers and mechanics employed by the Government of the United States as to all work performed by laborers and mechanics employed by the War Department on any public work within the United States which is essential to the prosecution of the war: Provided , that the wages of all laborers and mechanics so employed by the War Department shall be computed on a basic day rate of eight hours of work with overtime to be paid at time and one-half for all hours of work in excess of eight hours in any one day.
Plain-English Translation & Framers' Constitutional Analysis
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Franklin D. Roosevelt on December 28, 1942, this order concerns Suspension of Eight-Hour Law as to Laborers and Mechanics Employed by the War Department on Public Works Within the United States. I hereby suspend for the duration of the emergencies proclaimed by me on September 8, 1939, and May 27, 1941, the above-mentioned provisions of law prohibiting more than eight hours of labor in one day by laborers and mechanics employed by the Government of the United States as to all work performed by laborers and mechanics employed by the War Department on any public work within the United States which is…
Key Directives & Operative Actions
I hereby suspend for the duration of the emergencies proclaimed by me on September 8, 1939, and May 27, 1941, the above-mentioned provisions of law prohibiting more than eight hours of labor in one day by laborers and mechanics employed by the Government of the United States as to all work performed by laborers and mechanics employed by the War Department on any public work within the United States which is essential to the prosecution of the war: Provided , that the wages of all laborers and mechanics so employed by the War Department shall be computed on a basic day rate of eight hours of work with overtime to be paid at time and one-half for all hours of work in excess of eight hours in any one day.
Constitutional & Societal Entities Impacted
Policy Areas & Topics
The Framers' Constitutional Council
1787 PrismEvaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.
"When the President acts in absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone of twilight in which he and Congress may have concurrent authority."
James Madison
Separation of Powers & Legislative Primacy
"Power is of an encroaching nature, and it ought to be effectually restrained from passing the limits assigned to it." — Federalist No. 48 (1788)
Madison would view this order with watchful scrutiny. Operating in the 'Zone of Twilight' where Congress is silent, each such directive establishes an administrative precedent that steadily expands the executive perimeter at the expense of legislative primacy.
Alexander Hamilton
The Energetic Executive & Unified Command
"The direction of war implies the direction of the common strength; and the power of directing and employing the common strength must be under the direction of the single hand of the Executive." — Federalist No. 74 (1788)
Hamilton would forcefully champion executive discretion here. For foreign entanglements, commerce defense, and national security, deliberative assemblies are too slow and faction-ridden. A unified, energetic Executive exercising swift command is precisely what the Philadelphia Convention intended for national preservation.
George Mason
Bill of Rights, Due Process & 10th Amendment
"The president will be surrounded by flatterers and sycophants... and the great powers of the executive will gradually absorb the liberties of the people." — Cato IV (Anti-Federalist, 1787)
The Anti-Federalist prism advises continuous democratic vigilance. Even routine administrative directives aggregate centralized federal power away from town halls and state assemblies toward a distant executive apparatus.
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
Legislative Encroachment & Purse
Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
Youngstown Jacksonian Tier
The order relies on inherent Article II executive discretion, civil service management, or foreign diplomacy where Congress has neither expressly approved nor prohibited action.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Referenced By Later Executive Orders (1)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Scholarly & Legal Citations
Exec. Order No. 9290 (Dec. 28, 1942), https://executiveordersarchive.org/orders/app-executive-order-9290-suspension-eight-hour-law-laborers-and-mechanics-employed-the-war.