RESOLUTION 85-18251 RESOLUTION NO . 85- 18251
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH CALLING UPON THE CONGRESS
TO AMEND THE FEDERAL FAIR LABOR STANDARDS ACT
TO EXEMPT STATE AND LOCAL EMPLOYEES FROM THE
FLSA IN ORDER TO ALLEVIATE THE HARDSHIPS IM-
POSED UPON LOCAL GOVERNMENTS AND THEIR CITIZENS .
WHEREAS , the United States Supreme Court , in 1975 , held
the application of the FLSA to state and local governments was
unconstitutional but subsequently, in 1985 , by a narrow margin held
that these governments must conform to the FLSA; and
WHEREAS , the Fair Labor Standards Act has been held
applicable to states and local governments under the provisions of
the commerce clause of the United States Constitution; and
WHEREAS , this historic reinterpretation of the applicability
of the commerce clause to state and local governments creates
compliance questions with broad new avenues of mandatory regulations
that traditionally have not been placed on state and local govern-
ments ; and
WHEREAS , the application of the FLSA will impose
additional federally mandated standards on cities , towns and other
governments and thereby reduce the ability of these governments to
continue to negotiate terms and conditions of employment with
employees serving this nation' s citizens ; and
WHEREAS , the Congress of the United States has before it
several pending measures to amend the FLSA to alleviate the hardships
imposed upon states , cities , towns and other governments ;
NOW, THEREFORE , BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH :
SECTION 1 . The City of Miami Beach urges the United
States Congress to pass s . 1570 or similar legislation to provide
an exemption for local employees under the FLSA.
SECTION 2 . That copies hereof be forwarded to the
President of the United States and members of the Florida Congres-
sional Delegation and the National League of Cities .
PASSED AND ADOPTED THIS 16th day of October , 1985 .
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MAYOR --
ATTEST:
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CITY CLERK
(Requested by Commissioner Sidney Weisburd)
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
ORIGINAL
RESOLUTUON NO. 85-18251
(Calling upon the Congress to amend the
Federal Fair Labor Standards Act to exempt
State and local employees from the FLSA in
order to alleviate the hardships imposed
upon local governments and their citizens)