19850709 r-85-15RESOLUTION NO. R-85-15
~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 over-
time and minimum wa~.e provisions against states in areas of traditional govern-
mental functions (National League of Cities v. Userv, 496 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
courts new ooinion, could encourage the Congress to modify the law (Gareia v. San
Antonio Mass Transit Authority, 53 LW 4135 (1985); and
WHEREAS, the effect of the Gareia decision has been to make all state agen-
cies and political subdivisions subject to the law immediately, without time to pre-
pare for the transition; and ~ '
WHERE, the resulting fiscal impact on local governments could be significant;
overtime requirements for local governments could be oartieularlv 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 Fairfax has for many years provided an equitable eomD-
ensatorv time system for City employees who work overtime and many City em-
ployees prefer that system of compensation to the one that is now to be required;
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 gov-
ernments 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 reve-
nue, weakens the delivery of public services to the citizens of the City of Fairfax,
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;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Fairfax hereby request the United States Congress to exempt state and local gov-
ernmental employees from the federal Fair Labor Standards Act; and
BE IT FURTHER RESOLVED that the City Council of the City of Fairfax
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 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 such as fire and police.
Adopted this 9th day of J.ul~t ,1985.
ATTEST:
llerk