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�Jt-'n� iA'l <br />RESOLUTION NO. 1925 <br />CITY OF MOUNDS VIEW <br />I VVI,II V[ RN'IJGI <br />STATE OF MINNESOTA <br />RESOLUTION SUPPORTING FEDERAL LEGISLATION To E%EMFT LOCAL <br />GOVERNMENT FROM CERTAIN REQUIREMENTS OF THE FAIR LABOR <br />STANDARDS ACT <br />WHEREAS, on February 19, 1985 the United States <br />supreme Court decision in Garcia v. San Antonio Metropolitan <br />Transit Authority ruled that state and local governments <br />come under the provisions of the Fair Labor Standards Act <br />(FLSA); and <br />WHEREAS, FLSA requires the payment of overtime wages <br />to employees not exempt from the provisions of the Act when <br />their working hours exceed 40 hours per week for non -police <br />and 92 hours in a 15 day work cycle for police employees; <br />and <br />WHEREAS, FLSA further stipulates that under certain <br />circumstances volunteer to local government such as <br />volunteer firefighters or police reserve receiving minimal <br />compensation, would be subject to the overtime compensation <br />provisions of the act; and <br />WHEREAS, the United States Department of Labor has <br />determined thAt state and local governments will be liable <br />for compliance with the Act retroactive to April 15, 198i. <br />NOW, THEREFORE, BE IT RESOLVED that the City Council <br />of the City of Mounds View supports legislation before the <br />United States Senate drd House of Representatives to exempt <br />local governme:t from certain regriremerts of the Pair Labor <br />Standards Act. Said requirements and the justiticatfon for <br />exem,;tion tieing as follows. <br />1. Local government services, unlike most private <br />sector services, cannot he limited to a strict <br />schedule due to their d-rect relaci,onship with <br />the health, safety, and welfare of the general <br />public. The requirement that overtime wages be <br />paid for hours worked in excess of a specified <br />amount during a work period is especially onerous <br />in the areas of police dud fire protection where <br />work hours are regulated more by the demands of <br />the job than by the employer. <br />Most local governments have adopted the practice <br />of allowing compensatory time for overtime hours <br />and the employees and their labor cepreaeutativa_- <br />have readily accepted this practice. To now <br />require sire payment of overtime wages runs <br />