R-1985-14 - Laserfiche WebLink

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. RESOLUTION NO. 85-14 . WHEREAS, in 1974 the United States Congress extended the application of the federal Fair Labor Standards Act to the 50 states and their political subdivisions; and WHEREAS, the United States Supreme Court two years later 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 functions (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 oplnlon 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 Authoritv, 53 LW 4235 (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 transition; and WHEREAS, the resulting fiscal impact on Texas state and local governments could be significant; overtime requirements for state and local governments could 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 La Porte has equitable compensatory time system overtime, and many City employees compensation to the one that is now to for many years provided an for City employees who work prefer that system of be required; and WHEREAS, the reduction of hours worked for fire fighters from an average of 56 hours per week to 53 hours per week also will create an excessive financial burden on the City of La Porte; and WHEREAS, the federal law, as characterized by the Supreme Court in 1976, is an interference "with the integral governmental functions" of state and local governments to such a degree as to 'impair the States' ability to function effectively in a federal system"; and WHEREAS, it results in substantially increased costs in a time of limited revenue, weakens the delivery of public services to the citizens of La Porte, and penalizes 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 imposition is especially ironic, given that the United States Congress is itself exempt from the law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS RESOLVED, that the City Council of the City of La Porte hereby request the United States Congress to exempt state and local governmental employees from the federal Fair Labor Standards Act; and be it further RESOLVED, that the City Council of the City of La Porte hereby request the Secretary of Labor, while we attempt to influence the Congress to amend the Fair Labor Standards Act, to work with the representatives of the National League of Cities, the Texas Municipal League and other public interest groups to provide administrative relief under the Department of Labor's regulatory authority to develop rules which provide some flexibility for key governmental operations; and, further be it