1985-15606-Resolution No. 85-024 Recorded 7/31/198585-15606 vol. 65 FACE 23 !_:.1
RV
1E A C ✓UNS[t
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES CO TY, OREGON
A Resolution Urging Congress *
To Adopt a Bill Exempting
State and Local Employees
From the Fair Labor Standards *
Act (FLSA).
RESOLUTION NO. 85 -024
L-2,'.3 ';t '? i! ^'I
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 arrange-
ments and agreements best serve the public needs of Deschutes
County, and both our officials and our employees wish to retain
that system; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
DESCHUTES COUNTY, OREGON, as follows:
Section 1. That Deschutes County hereby urges its entire
Congressional delegation, as well as the Chairmen of the Subcom-
mittee on Labor Standards of the House Education and Labor Com-
mittee, and the Subcommittee on Labor of the Senate Labor and
Human Resources Committee to each endorse and introduce the
proposed Bills attached hereto as Exhibits B, C and D and insert
them in the Congressional Record along with the fact that if one
of these Bills is not adopted it will cost the County $155,000.00
per year in overtime costs plus a large sum in changing our
records to meet FLSA requirements.
Section 2. That a copy of this Resolution and attached
Bills be forwarded to the National Institute of Municipal Law
Officers, 1000 Connecticut Avenue, N.W., Washington, D.C. 20036.
DATED this c2Ithi day of
D OF COUNTY COMMISSIONERS
ESCHUTES COUNTY, OREGON
ATTEST:
'142-tkel(ead40' (2..490C1
Recordaing Secretary
1 - RESOLUTION NO. 85 -024
, 1985.
LAURENC A. WUTTLE, Chairman
LOIS B STO PR
Commissioner
DI MAUDLIN,'Com issioner
PROPOSED LEGISLATION EXEMPTING ALL STATE AND LOCAL GOVERNMENT
EMPLOYEES FROM THE FLSA
voi 65 PAGE 240
An Act to amend the Fair Labor Standards Act of 1938 to
exclude from coverage employees of States and political subdivisions
of States.
Section 1. This Act may be cited as the Fair Labor Standards
Act Amendments of 1985.
Section 2. Whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section or
other provision, the section amended or repealed is a section or
provision of the Fair Labor Standards Act of 1938 (29 U.S.C.
§ §201 -219).
Section 3. Section 3(e) (2) (C) is repealed.
Section 4. Section 3(x)2 is amended by striking the words
"the government of a State or political subdivision thereof" and
striking the words "a State or a political subdivision of a State;
or any interstate governmental agency."
Section 5: This Act shall be effective as of February 19,
1985.
129 U.S.C. §203(e) (2) (C) .
229 U.S.C. §203(x).
EXHIBIT B
t.
PROPOSED LEGISLATION CODIFYING THE SECRETARY OF LABOR'S
EXEMPTION Rt GULA'1'IUNS
va 65 PAGE 241
An Act to amend the Fair Labor Standards Act of 1938 to exclude
from coverage certain employees of States and political subdivisions
of States.
Section 1. This Act may be cited as the Fair Labor Standards
Act Amendments of 1985.
Section 2. Whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section
or other provision, the section amended or repealed is a sect;
or provision of the Fair Labor Standards .pct of 1938 ( 2 9 J
§ §201 -219).
Section 3. Section 3(e)(2)(C) *1• is amended by striking the
final "." and substituting therefor the following: "; and" and
adding the following:
(iii) who Performs the following functions:
(I) schools,
(II) hospitals,
(III) fire prevention,
(IV) police protection,
(V) sanitation,
(VI) public health,
(VII) parks and recreation,
(VIII) libraries,
(IX) museums.
Section 4. This Act shall be effective as of February 19, 1985.
EXHIBIT C,
*1 29 U.S.C. §203(e) (2) (C) .
PROPOSED LEGISLATION DIRECTING THE SECRETARY OF LABOR TO
CONTINUE TO ENFORCE HIS EXEMPTION REGULATIONS
VOL 65 PAGE 242
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 Pre^iu`nt have had an
opportunity to consider the scope of t'. coven :ye uncle: he Fair
Labor Standards Act of '! K. , 52 Stat. 1060, a:3 r mendt� , for employees
of nonfederal public axe... and hav¢ f - r irection to
the Secretary and Administrator.
Section 3. This Act will be effective as of February 19, 1985.
EXHIBIT D