406 F.Supp. 826 (D.D.C. 1974), Civ. A. 74-1812, National League of Cities v. Brennan

Docket Nº:Civ. A. 74-1812
Citation:406 F.Supp. 826
Party Name:National League of Cities v. Brennan
Case Date:December 31, 1974
Court:United States District Courts, District of Columbia

Page 826

406 F.Supp. 826 (D.D.C. 1974)

The NATIONAL LEAGUE OF CITIES, an Illinois Corporation, on behalf of its member cities, et al., Plaintiffs, and The State of California, By and Through Evelle J. Younger, Attorney General, on Behalf of the People of the State of California, et al., Plaintiffs-Intervenors, and The State of Indiana et al., Plaintiffs-Intervenors, and The Honorable Peter J. BRENNAN, Secretary of Labor of the United States, Defendant.

Civ. A. No. 74-1812.

United States District Court, District of Columbia.

Dec. 31, 1974

Charles S. Rhyne, Washington, D.C., for plaintiffs.

Talmadge R. Jones, Deputy Atty. Gen., State of California, Sacramento, Cal., for plaintiffs-intervenors.

Nathan Dodell, Asst. U.S. Atty., Washington, D.C., for defendants.

Before LEVENTHAL, Circuit Judge, and GASCH and PARKER, District judges.


Petitioners, individual cities and states, the National League of Cities, and the National Governors' Conference, challenge the 1974 amendments to the Fair Labor Standards Act (FLSA), Public Law 93-259, 88 Stat. 55, amending 29 U.S.C. § 201 et seq. (1970), as beyond the power of Congress under the Commerce Clause in that they purport to extend the coverage of the FLSA to nonsupervisory state and municipal employees, including police and firemen. The amendments

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generally went into effect on May 1, 1974; provisions relating to overtime pay of police and firemen become effective on January 1, 1975. Plaintiffs seek a declaratory judgment and temporary and permanent injunctive relief. Defendant opposed a temporary injunction, and moved to dismiss the action for failure to state a claim upon which relief can be granted. A three-judge district court was duly convened. We grant defendant's motion to dismiss the complaint.

Although plaintiffs have raised a difficult and substantial question of law, we feel that our decision is controlled by the decision of the Supreme Court in Maryland v. Wirtz, 392 U.S. 183, 88 S.Ct. 2017, 20 L.Ed.2d 1020 (1968). 1 Upholding the constitutionality of an earlier extension of the FLSA to cover employees of state-operated schools and hospitals against an attack similar to that lodged here, Justice Harlan, writing for the court, found a sufficient and independent rational relationship of the provisions of the Act to interstate commerce in that state hospitals and schools were significant...

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