Agenda - Council - 07/23/1985 - Laserfiche WebLink

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ANOKA COUNTY A TTORN£ ROBERT M.A. JOHNSON Courthouse · Anok6. .%Iinne~ola $5305 June 8, 1985 61 ** .J.. 1.4 ;'60 i TO~ FROM: I REs Anoka County Board of Commissioners Robert M.A. Johnson The Federal Pair Labor Standards Art I On February 19, 1985 the U.~. Supreme Court charted · new course in federal-state relations when it overruled one of its previous deeisiorm and held that it is constitutional I for Congress to apply the minimum wage sad overtime requirements of the Fair labor Standards Art (FLSA), 29 U.8.C. S 201 ets_~ to state and local governments. Gareia v. San Antonio M.etropoUten' Transit Authority, $3 U.S.L.W. 4135 (Feb. 19, 1985) overruling . I Nati ..o.fl. al l.e~u~ of Cities v. User~, 426 U.S. 933 (1976). Under the Oareia derision, it appears that the provisions of FLSA now apply to virtually &Il employees of Anoka County except elected officials and personnel who fall Iwithin FLSA's definition of ~ona fide" executive, administrative or peofess~onei employees. Therefore, virtually all Anoka County employees Tho are not exempt ~mder FLSA, must be paid the minimum hourly wqe of $3.35 and are entitled to overtime I compensation equal to one sad one-heir times their regular rate of pay for hours worked over 40 in a seven-day work week.I FLSA also imposes certain epeeifie reeord keeping requirements which will require ehsages in Anoka County's current practices. The U.S. Department of Labor, Wqes sad Hours Division, is the administrative' I department responsible enforcing FLSA and monitoring eomplianee. It has the right to for conduct investigations and audits of employers~ practices and record-keeping activities. Either the Department of Labor or sa individual employee may institute proceedings in I federal court to obtain roUef fo~-~n employer*s noneomplisaee with the Act. Potential liability includes the award of back wages, Hquideted double damages, prejudgment interest, attorneys fees and eosts as well as inJtmetive relief mandating eompUanee. I Although the legal question r~mains to be resolved regarding whether the Gareia holding will be appUed retroactively, there is no quesUon that it will apply in the ~ Therefore, our office has prepared the foUowing outline summarizing some of the areas where FLSA may have an impart on Anoke County pourers and practices. This summary is not definitive but is meant only to familiarize the board with buie provisions o! the federal statute sad regulations. There are spee provisions governing the maximum hours worked before overtime must be paid to fire fighters, employees engaged in law enforcement &etivities and correetionei workers es outUned below. Affirrnitivo Action / Equil Opportunity Employer