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I 4kVy_1-_ � <br />MEMO TO: MAYOR AND CITY COUNC-L- <br />FROM: CLERK -ADMINISTRATOR <br />DATE: MAY 20, 1985 <br />SUBJECT: FAIR LABOR STANDARDS ACT <br />ps you may know, this past February the United States <br />Supreme Court, ruling on the case of Garcia vs <br />iousntonio <br />Metropolitan Transit Authority, overturned a p <br />Supreme Court decwhich made htheaFaiorfLabors nStandagrdsal Act <br />Cities vs. Usery <br />(FLSA) applicable to virtually all state and local <br />government employees. <br />I have reviewed all available information on this matter <br />prior to a June seminar which will be held at thision subject <br />by the Metropolitan Area Management to wait for <br />organizations. Unfortunately, in apolicre ieseand procedures <br />he <br />June seminar prior to implementing P rovisions of <br />which will bring us to compliance with the p <br />this Act which Staff previously understood were not <br />applicable. <br />The following is an analysis of the impacts that this Court <br />Ruling will have on the City of Mounds View. <br />1. When is it effective? <br />Now! Retroactivity has yet to be determined and <br />the Department of Labor (Labor) has not determined <br />whether existing or new regulations will be used to <br />implement FLSA. <br />2, Which city employees are <br />FLSA applies to all full or part-time employees <br />except for employees not subject to a state or <br />city's Civil Service Law and who are an elected <br />official, a member of �inteecofdanfelectedsofficial <br />personal staff, an apP level" or an "immediate <br />serving on a policy -making <br />advisor' to an elected official <br />powers"regarding <br />official's <br />"constitutional or legal p lies to <br />Office. For Mounds View, this exclusion app <br />our elected officials onl . <br />"Bona fide" executive, administrative, and <br />professional employees are exempted from the minimum <br />wage and overtime provisions of the law, in the <br />case of hyof Mounds t <br />he positions wouldfallunder these categories. <br />affected? <br />