TC Res. No. 1985-17RESOLUTION NO. 85-17
SERIES OF 1985
A RESOLUTION URGING CONGRESS TO ADOPT A BILL
EXEMPTING STATE AND LOCAL EMPLOYEES FROM THE
FAIR LABOR STANDARDS ACT (FLSA).
WHEREAS, the,Fair Labor Standards Act (FLSA) has been
held by the United States Supreme Court to apply to compensation
paid by states.,and local governments to their employees to the
extent that application of the FLSA does not interfere with the
Federalism-based freedom of states and local governments; and
WHEREAS, existing compensation and job scheduling
arrangements and agreements best serve the public needs of the
Town of Avon, Colorado, and both our officials and our employees
wish to retain that system.
NOW THEREFORE BE IT RESOLVED, by the Town Council of
the Town of Avon, that the Town of Avon hereby urges its entire
Congressional delegation as well as the Chairmen of the Sub-,
committee 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 Bill attached hereto as Exhibit A and insert it in the
Congressional Record along with the fact that if the Bill
is not adopted it will result in additional costs to the Town
of Avon for overtime plus a large sum in changing our records
to meet FLSA requirements.
ADOPTED AND PASSED THIS 28th
AT ST:
atricia-J. oy1e;
day of May _ , 1985.
TOWN COUNCIL
TOWN OF AVON
Allan R Notting , Mayor
Cler
0 EXHIBIT "A" 40
PROPOSED LEGISLATION DIRECTING THE SECRETARY OF LABOR TO
CONTINUE TO ENFORCE HIS EXEMPTION REGULATIONS
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 SS775.2-775.4, from February
19, 1985 until such time as Congress and the President have
had an opportunity to consider the scope of the coverage under the
Fair 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.