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HomeMy WebLinkAboutResolution 1068A Resolution Adopted Resolution J,40.lee WHEREAS, in 1974 the United States Congress extended application of the Fair Labor Standards Act (FLSA) to the 50 states and their political. subdivisions; and WHEREAS, in 1976 the United States Supreme Court invalidated that action for most purposes, holding that the Congress had no power to enforce overtime and minimum wage provisions against states in areas of traditional governmental func- tions (National League of. Cities v. Usery, 426 U.S. 833 (1976)); and WHEREAS, on February 19, 1985, however, the court overruled its earlier opinion, finding the distinctions created by that opinion to be unworkable while commenting that the states and their political subdivisions, if dissatisfied with the court's -new opinion, could encourage the Congress to modify the law (Garcia v. San Antonio Mass Transit Authority, 105 S.Ct. 1005 (1985)); and WHEREAS, the effect of the Garcia decision has been to make all state agencies and political subdivisions subject. to the . law immediately, without time to prepare for the transi- tion; and WHEREAS, the resulting fiscal impact of the FLSA overtime require- ments on state and local governments would be particularly burdensome, since the federal law requires time and one- half payment for hours that were previously compensated by equivalent time off; and WHEREAS, the City of Fort Worth has for many years provided an equitable compensatory time system for City employees who work overtime, and many City employees prefer that system of compensation to the one that may now be required; and WHEREAS, the reduction of hours worked for firefighters to an average of 53 hours per week also will create an excessive financial burden on the City of Fort Worth; and WHEREAS, the FLSA, as characterized by the Supreme Court in 1976, is an interference "with the integral governmental func- tions" of state and local governments to such a degree as to "impair the States' ability to function effectively in a federal system," and n Cl'i'! OF FORT MR= WHEREAS, application of the FLSA will substantially increase costs in a time of limited revenue, weaken the delivery of public services to the citizens of Fort Worth and penalize the City for choosing to hire governmental employees on terms that are different from, but not necessarily less beneficial than, those sought by the Congress; and WHEREAS, this application of the FLSA is especially ironic because the United States Congress is itself exempt from the law; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: That the City of Fort Worth hereby urges its entire Congressional delegation, as well as the Chairmen of the Subcom- mittee on Labor Standards of the House Education and Labor Committee and the Subcommittee on Labor of the Senate Labor and Human Resources Committee, to each endorse and introduce the proposed Bills attached hereto as Exhibits "B", "C" and "D" and insert them in the Congressional Record along with the fact that if one of these Bills is not adopted it will cost the City of Fort Worth approxi- mately $982,415 per year in overtime costs plus a large sum in changing its records to meet FLSA requirements. AND BE IT FURTHER RESOLVED that the City Secretary_forward copies of this resolution and the attached Bills to the President of the United States, to the President of the Senate and Speaker of the House of Representatives of the United States Congress, to the Secretary of Labor, and to each member of the Texas delegation to the Congress, with the request that it be entered in the Congressional Record as a memop al to the Congress of the United States of America. ADOPTED this day o 1985. Cass or rows w0arm -PROPOSED LEGISLATION EXEMPTING ALL STATE AND LOCAI. GOVERNMENT EMPLOYEES FROM THE FLSA An Act to amend the Fair Labor Standards Act of 1938 to exclude from coverage employees of States and political subdivisions of States. Section 1. This Act may be cited as the Fair Labor Standards Act Amendments of 1985. Section 2. whenever in this Act an amendment or reveal is expressed in terms of an amendment to, or repeal of, a section or other provision, the section amended or repealed is a section or provision of the Fair Labor Standards Act of 1938 (29"U.S.C. • SS201-219). Section 3. Section 3(e)(2)(C)1 is repealed. Section 4. Section 3(x) 2 is amended by striking the words "the government of a State or political subdivision thereof" and striking the words "a State or a political subdivision of a State; or any interstate governmental agency." Section 5: This Act shall be effective as of February 19, 1985. 0 129 U.S.C. 5203 (e) (2) (C) . 229 U.S.C. 5203(x)6 EXHIBIT B y 1 a A J PROPOSED LEGISLATION CODIFYING, THE SECRETARY OF LAROR'S EXEMPTION MULATIUNS An Act to amend the Fair Labor Standards Act of 1938 to exclude from coverage certain employees of States and political subdivisions of States. Section 1. This Act may be cited as the Fair Labor Standards Act Amendments of 1985. Section 2. Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the section amended or repealed is a section or provision of the Fair Labor Standards Act of 1938 (29 U.S.C. SS201-219). Section 3. Section 3(e)(2)(C)*1 is amended by striking the final "." and substituting therefor the following: "; and" and adding the following: (iii) who performs the following functions: (I) schools, (II) hospitals, (III) fire prevention, (IV) police protection, (V) sanitation, (VI) public health, (VII) parks and recreation, (VIII) libraries, (IX) museums. Section 4. This Act shall be effective as of February 19, 1985. EXHIBIT C *129 C.S.C. 6203 (e) (2) (C) . - ?r PROPOSED LEGISLATION DIRECTING THE SFCRFTARY OF LABOR TO • Section 1. This Act may be cited as the Fair Labor Standards Act Amendment of 1985. Section 2. The Secretary of Labor and the Administrator of the Wage and Hours Division of the Department of Labor are hereby directed to retain and continue to enforce the regulations issued on December 21, 1979, 44 Federal Register 75630, now codified as Title 29, Code of Federal Regulations 55775.2-775.4, from February 1.9, 1985 until such time as Congress and the President have had an opportunity to consider the scope of the coverage under the Fair i Labor Standards Act of 1938, 52 Stat. 1060, as amended, for employees of nonfederal public agencies and have given further direction to the Secretary and Administrator. Section 3. This Act will be effective as of February 19, 1985. 0 F.XHIRIT D