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RESOLUTION NO.
122-91
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
URGING THE U.S. CONGRESS TO AMEND THE FAIR
LABOR STANDARDS ACT BY EXCLUDING THE PUBLIC
SECTOR FROM PROVISIONS THEREOF; AND PROVIDING
FOR AN EFFETIVE DATE.
WHEREAS, from the Act' s inception, the public sector was held
not to be within the purview of the Fair Labor Standards Act
(National League of Cities vs . Usery) until Garcia vs. San Antonio
r..."M. Metropolitan Transit Authority, 469 U.S. 528( 1985) , when the court
ds Act applies to state and local
held that the Fair Labor Standar
. r? governments; and
WHEREAS, the judicial extension of the Fair Labor Standards
Act and its far-reaching interpretations by the Department of
Labor have prompted excessive costs to local government which have
been unforeseen and dramatic; and
WHEREAS, public employees ' compensation and rights are
adequately protected in many state and federal laws and are often
protected by collective bargaining agreements; and
WHEREAS, the recent Ninth Federal District Court of Appeals
ruling in Kern County, California has further expanded the FLSA
interpretations to include high-level managerial and executive
classes of public employees; and
WHEREAS, the original design of the FLSA was to protect the
employment rights of private sector employees and was not designed
to apply to nor to be implemented by public employees.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
Section 1 . That the City Commission of the City of Dania
122-91
Resolution No._
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hereby urges the Congress of the United States to adopt
legislation to return the public sector to its previous exempt
status from the provisions of the Fair Labor Standards Act cited
as the "Fair Labor Standards Act of 1938" (29 U.S.C. , Sections 202
and 219) .
Section 2. That copies of this resolution shall be sent to
the Florida Congressional Delegation, the Florida League of
Cities, National League of Cities and such other parties as may be
designated by the city manager.
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Section 3. That this resolution shall be in force and take '
9 effect immediately upon its passage and adoption.
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ji PASSED and ADOPTED on this Sth day of October , 1991.
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MAYOR - COMMISS ONER
ATTEST:
ATYIC RKX�
TY CLERK - AUDITOR
APPROVED AS TO FORM AND CORRECTNESS
BY:/S, e Da-
City Attorney
122-91
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