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|
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
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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