Res 27-98 RESOLUTION NO. 27-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, IN SUPPORT OF HR 2891,
CURRENTLY PENDING IN THE UNITED STATES CONGRESS,
RELATING TO THE FAIR LABOR STANDARDS ACT; DIRECTING
THE CITY CLERK TO PROVIDE COPIES OF THE RESOLUTION TO
APPROPRIATE OFFICIALS; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Delray Beach,
Florida, supports bill HR 2891 currently being debated in Congress; and
WHEREAS, the City Commission supports this proposed
legislation because the proposed language clarifies the overtime
exemptions for paramedic/firefighters under the Fair Labor Standards
Act.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the above recitals are adopted by the Delray
Beach City Commission, and the City of Delray Beach supports HR 2891 as
it relates to the overtime exemptions of the Fair Labor Standards Act
relating to paramedics, emergency medical technicians, or rescue or
ambulance service personnel employed by a public agency.
Section 2. That the City Commission of the City of Delray
Beach, Florida, supports this proposed legislation.
Section 3. That the City Clerk is hereby directed to provide
copies of this resolution to all appropriate officials.
Section 4. That this resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED in regular session on this the 21st day of
April, 1998.
o
/ City ~erk '
RESOLUTION NO. 27-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, IN SUPPORT OF HR 2891,
CURRENTLY PENDING IN THE UNITED STATES CONGRESS,
RELATING TO THE FAIR LABOR STANDARDS ACT; DIRECTING
THE CITY CLERK TO PROVIDE COPIES OF THE RESOLUTION TO
APPROPRIATE OFFICIALS; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Delray Beach,
Florida, supports bill HR 2891 currently being debated in Congress; and
WHEREAS, the City Commission supports this proposed
legislation because the proposed language clarifies the overtime
exemptions for paramedic/firefighters under the Fair Labor Standards
Act.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the above recitals are adopted by the Delray
Beach City Commission, and the City of Delray Beach supports HR 2891 as
it relates to the overtime exemptions of the Fair Labor Standards Act
relating to paramedics, emergency medical technicians, or rescue or
ambulance service personnel employed by a public agency.
Section 2. That the City Commission of the City of Delray
Beach, Florida, supports this proposed legislation.
Section 3. That the City Clerk is hereby directed to provide
copies of this resolution to all appropriate officials.
Section 4. That this resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED in regular session on this the 21st day of
April, 1998.
ATTEST: ~AO~R~ ~ City ~erk
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Alison MacGregor Harty, City Clerk~[/"~
SUBJECT: Resolution No. 27-98 (FLSA Overtime Exemptions)
DATE: April 23, 1998
Attached is an executed copy of Res. No. 27-98 adopted by the
City Commission on April 21, 1998. I am to send it out to
'appropriate officials' Besides our U.S. Representatives, is
there anyone else you want it sent to?
At Wednesday's staff meeting, you mentioned drafting a cover
letter for the Mayor's signature to go out with the resolution.
If you will give me the draft, I will prepare the letters and
resolution for signature and distribution.
Thanks.
AMH/m
Attachment
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~'/~' - MEETING OF APRIL 21, 1998
RESOLUTION NO. 27-98
DATE: APRIL 13, 1998
This is before the City Commission to approve Resolution No. 27-98, which
supports clarification of overtime exemptions of the Fair Labor Standards Act for
paramedic/firefighters and emergency medical service personnel. This resolution
states the support of the City of Delray Beach for HR 2891, a bill currently
pending in Congress to amend the Fair Labor Standards Act of 1938 and clarify
this issue.
Based on the information stated above, I recommend approval of Resolution No.
27-98.
BG/nm
Memo.April21.98.a
105TII CONGRESS
- H.R. 2891
To amend the Fair Labor Standards Act of 1938 to l)rovide a [indted
overtime exemption fbr eml)loyees performing emergency medical sera,ices.
IN TIlE HOUSE OF REPRESENTATIVES
N~)VEMBER 7, 1997
Mr. GILXlIAM (for himself and Mt'. EIIRLI(~II) introduced the following bill;
which was referred to the Committee on Education and the Worlfforce
A BILL
To amend thc F~fir Labor Standards Act of 1938 to provide
a. limited overtime exemption fbr employees perfbrming
emergency medic~fl se~qces.
1 Be it enacted by lt~ Scnate and Ho~se of Rcpresenta-
2 tires oJ'thc Uuitcd States oJ'A,~erica i~ (~ongrcss assembled,
~ SECTION 1. E~RGENCY ~DIC~ SER~CES.
4 Section 7(k) of thc Fair Labor Staudards Act of
5 1938 (29 U.S.C. 207(k)) is mncndcd in thc matter bcfbrc
6 pm'&~gr~.l)h (1)
7 (1) by striking "or m~y cmploycc" ond inserting
8 ", m~y employee", and
9 (2) by inserting bcfbrc "iff' thc fbllowing: ", or
l0 m~y pm'mncdic, enlergcncy medical tcclmician, or
2
1 rescue a~(1 ambulancc sc~Mce persom'~el trained to
2 provide emcrge~cy medical se~ices ~.nd to pro~dde
3 tr~nsport of' persons receiving Sllch SoIWiCos 0l' trans-
4 port of pcrsons to receive such scot,ices".
,HR 2891 IH
Appendix I
FLSA
(6) extra compensation provided by a premium rate paid for (ii) extra overtime compensation is properly computed and paid
work by the employee on Saturdays, Sundays, holidays, or regular on other forms of additional pay required to be included in
days of rest, or on the sixth or seventh day of the workweek, computing the regular rate.
where such premium rate is not less than one and one-half times
the rate established in good faith for like work performed in (h) Extra compensation creditable toward overt/me compensation.
nonovertime hours on other days; or Extra compensation paid as described in paragraphs (5), (6),
(7) extra compensation provided by a premium rate paid to the and (7) of subsection (e) shall be creditable toward overtime
employee, in pursuance of an applicable employment contract or compensation payable pursuant to this section.
collective-bargaining agreement, for work outside of the hours (i) Employment by retail or service establishment.
established in good faith by the contract or agreement as the basic, No employer sha/l be deemed to have violated subsection (a)
normal, or regular workday (not exceeding eight hours) or by employing any employee at a retail or service establishment for
workweek (not exceeding the maximum workweek applicable to a workweek in excess of the applicable workweek specified
such employee under subsection (a)D], where such premium rate therein, if (1) the regular rate of pay of such employee is in excess
is not less than one and one-half times the rate established in good of one and one-half times the minimum hourly rate applicable to
faith by the contract or agreement for like work performed during him under section 6, and (2) more than half his compensation for a
such workday or workweek.
representative period (not less than one month) represents commis-
(f) Employment necessitating irregular hours of work. sions on goods or services. In determining the proportion of
compensation representing commissions, all earnings resulting
No employer shall be deemed to have violated subsection (a) from the application of a bona fide commission rate shall be
by employing any employee for a workweek in excess of the
maximum workweek applicable to such employee under subsec- deemed commissions on goods or services without regard to
lion (a) if such employee is employed pursuant to a bona fide whether the computed commissions exceed the draw or guarantee.
individual contract, or pursuant to an agreement made as a result (j) Employment in hospital or establishment engaged in care of
of collective bargaining by representatives of employees, if the sick, aged, or mentally ill.
duties of such employee necessitate irregular hours of work, and No employer engaged in the operation of a hospital or an
the contract or agreement (1) specifies a regular rate of pay of not establishment which is an institution primarily engaged in the care
less than the minimum hourly rate provided in subsection (a) or of the sick, the aged, or the mentally ill or defective who reside on
(b) of section 6 (whichever may be applicable) and compensation the premises shall be deemed to have violated subsection (a) if,
at not less than one and one-half times such rate for all hours pursuant to an agreement or understanding arrived at between the
worked in excess of such maximum workweek, and (2) provides a employer and the employee before performance of the work, a
weekly guaranty of pay for not more than sixty hours based on the work period of fourteen consecutive days is accepted in lieu of the
rates so specified, workweek of seven consecutive days for purposes of overtime
(g) Employment at piece rates, computation and if, for his employment in excess of eight hours in
any workday and in excess of eighty hours in such fourteen-day
No employer shall be deemed to have violated subsection (a) period, the employee receives compensation at a rate not less than
by e.mploying any employee for a workweek in excess of the
maximum workweek applicable to such employee under such one and one-half times the regular rate at which he is employed.
subsection if, pursuant to an agreement or understanding arrived (k) Employment by public agency engaged in fire protection or
at between the employer and the employee before performance of law enforcement activities.
the work, the amount paid to the employee for the number of No public agency shall be deemed to have violated subsection
hours worked by him in such workweek in excess of the maxi- (a) with respect to the employment of any employee in fire
mum workweek applicable to such employee under such protection activities or any employee in law enforcement activities
subsection--
(including security personnel in correctional institutions)
(1) in the case of an employee employed at piece rates, is (1) in a work period of 28 consecutive days the employee
computed at piece rates not less than one and one-half times the receives for tours of duty which in the aggregate exceed the lesser
bona fide piece rates applicable to the same work when performed of (A) 216 hours, or (B) the average number of hours (as
during nonovertime hours; or determined by the Secretary pursuant to section 6(c)(3) of the
(2) in the case of an employee performing two or more kinds Fair Labor Standards Amendments of 1974) in tours of duty
of work for which different hourly or piece rates have been of employees engaged in such activities in work periods of
established, is computed at rates not less than one and one-half 28 consecutive days in calendar year 1975; or
times such bona fide rates applicable to the same work when (2) in the case of such an employee to whom a work period of
performed during non-overtime hours; or at least 7 but less than 28 days applies, in his work period the
(3) is computed at a rate not less than one and one-half times employee receives for tours of duty which in the aggregate exceed
the rate established by such agreement or understanding as the a number of hours which bears the same ratio to the number of
basic rate to be used in computing overtime compensation consecutive days in his work period as 216 hours (or if lower, the
thereunder: Provided, That the rate so established shall be number of hours referred to in clause (R) of paragraph (1)) bears
author/zed by regulation by the Administrator [Secretary] as being to 28 days, compensation at a rate not less than one and one-half
substantially equivalent to the average hourly earnings of the times the regular rate at which he is employed.
employee, exclusive of overtime premiums, in the particular work (1) Employment in domestic service in one or more households.
over a representative period of time; and if (i) the employee's No employer shall employ any employee in domestic service
average hourly earnings for the workweek exclusive of payments in one or more households for a workweek longer than forty hours
described in paragraphs (1) through (7) of subsection (e) are not unless such employee receives compensation for such employ-
less than the minimum hourly rate required by applicable law, and merit in accordance with subsection (a).
Page 22 · Appendix I November 1996
Fair Labor Standards Handbook