# Appendix — National League of Cities v. Usery > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385003_0266%3A03 ## Record - **Collection:** Supreme Court brief - **Document type:** Appendix - **Published:** January 1, 1976 - **Citation:** 426 U.S. 833 ## Text APPENDIX Volume II — pages 311-653 | MAR IN THE yICHerl 2°: Supreme Court of the Anited States OCTOBER TERM, 1974 Nos. 74-878 and 74-879 NATIONAL LEAGUE OF CITIES, et al. (in No. 74-878), and STATE OF CALIFORNIA (in No. 74-879), Appellants, HON. PETER J. BRENNAN, SECRETARY OF LABOR OF THE UNITED STATES, Appellee. ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA FILED JANUARY 17, 1975 PROBABLE JURISDICTION NOTED JANUARY 27, 1975 a Washington, 0.C. e CLB PUBLISHERS e LAW PRINTING CO. @ (202) 393-0625 (i) Volume II Page Index to Exhibits To Depositions of Allen E. Pritchard, Jr. and Charles A. Byrley ......... E(i) Defendant’s Exhibits to Depositions of Allen E. Pritchard, Jr., and Charles A. Byrley, PE ecudéueseeewtend vs oue 311 Plaintiffs’ Exhibit to Depositions of Allen E. Pritchard, Jr., and Charles A. Byrley, Dt cdenunkes Gunes este aenee Owes one cbs cb 588 Joint Exhibit to Depositions of Allen E. Pritchard, Jr., and Charles A. Byrley, No. 4(c) (39 Fed. Reg. 44142) .............. 591 Affidavit of Jack I. Karlin, Dec. 27, 1974 (in support of Defendant’s Motion to Dismiss) ..... 621 Letter, William F. Danielson to Charles S. Rhyne, cise kates oe ee idle els cead 625 Supplementary Affidavit of Jack I. Karlin, OS EE eee ee 639 Opinion and Order of District Court below, dismissing Complaint and denying Preliminary Injunction, Dec. 31,1974 ........ 643 E(i) INDEX TO EXHIBITS TO DEPOSITIONS OF ALLEN E. PRITCHARD, JR., AND CHARLES A. BYRLEY Defendant’s Exhibits to Deposition Page of Allen E. Pritchard, Jr. and Charles A. Byrley, Nos. 1-36, 38-48 Defendant’s Exhibit No. |: Letter from Nashville, Tenn., 11-4-74........ 311 Defendant’s Exhibit No. 2: Letter from Nashville, Tenn., 11-25-74 ....... 312 Defendant’s Exhibit No. 3: Management Information Service Study, June 1974, [Absent cover letter from Carol FEES ee a 314 Defendant’s Exhibit No. 4: Letter from D. Slater, National League of Cities to W. Landis, Wage and Hour Division, Department of Labor, 7-5-74 ............. 355 Defendant’s Exhibit No. 5: Letter from Lompoc, 9-27-74 ............. 429 Defendant’s Exhibit No. 6: Letter from Cape Girardeau, Mo., of Noncompliance to W&H ............0005. 440 Defendant’s Exhibit No. 7: Complaint and Letter to Cape Girardeau, Mo. from Regional Solicitor W&H .......... 442 Defendant’s Exhibit No. 8: Newspaper article: Cape Girardeau, Southeast Missourian, 11-17-74 ............ 447 E(ii) Defendant’s Exhibit No. 9: Memoranda from Cape id ea wee Defendant’s Exhibit No. 10: Letter from Salt Lake City, Utah Ere re Defendant’s Exhibit No. 11: Letter from Salt Lake City, Utah EE ee ee er ee a ee ee Defendant’s Exhibit No. 12: Letter from Attorney General of ee eee Defendant’s Exhibit No. 13: Memo from Los Angeles, Cal., 1 1-25-74 Defendant’s Exhibit No. 14: Letter from Sacramento, Cal., 1 1-22-74 Defendant’s Exhibit No. 15: Letter from Pasadena, Cal., 12-13-74 ..... Defendant’s Exhibit No. 16: Affidavit from San Buenaventura, Cal. Defendant’s Exhibit No. 17: Affidavit from Newark, Cal. ............ Defendant’s Exhibit No. 18: Letter from Newark, Cal., 9-20-74 ....... Defendant’s Exhibit No. 19: Letter from Montebello, Cal., 11-22-74 .... Defendant’s Exhibit No. 20: Letter from Montebello, Cal., 10-3-74 ..... Defendant’s Exhibit No. 21: Letter from Menlo Park, Cal., 104-74 ..... Defendant’s Exhibit No. 22: Letter from Menlo Park, Cal., 11-21-74 .... Defendant’s Exhibit No. 23: Letter from Inglewood, Cal., 10-44-74 ...... E(iii) Page Defendant’s Exhibit No. 24: Letter from Clovis, Cal., 10-9-74 ......... 524 Defendant’s Exhibit No. 25: : Letter from Coronado, Cal., 104-74 ...... 527 Defendant’s Exhibit No. 26: Letter from Sumter, S.C., 9-19-74 ........ 530 Defendant’s Exhibit No. 27: Letter from Lodi, Cal., 9-26-74 .......... 537 Defendant’s Exhibit No. 28: Letter from Downey, Cal., 10-8-74 ....... 542 Defendant’s Exhibit No. 29: Letter from Randolph, N.J., 104-74 ...... 546 Defendant’s Exhibit No. 30: Letter from Phoenix, Ariz., 9-20-74 ...... 549 Defendant’s Exhibit No. 31: Letter from Tulsa, Okla., 9-17-74 ........ 551 Defendant’s Exhibit No. 32: Letter from Sunnyvale, Cal., 10-7-74 ..... 554 Defendant’s Exhibit No. 33: Letter from Corcoran, Cal., 9-25-74 ...... 556 Defendant’s Exhibit No. 34: Letter from Columbia, S.C., 11-27-74 ..... 560 Defendant’s Exhibit No. 35: Letter from Richmond, Va., 12-5-74 ...... 562 Defendant’s Exhibit No. 36: Letter from Reidsville, N.C., 12-2-74 ..... 565 Defendant’s Exhibit No. 38: Charles Byrley Biographical Sketch ....... 566 Defendant’s Exhibit No. 39: Letter from Wyoming, 12-20-74 ......... 568 Defendant’s Exhibit No. 40: Letter from Maryland, 12-20-74 ......... 570 Defendant’s Exhibit No. 41: Letter from Missouri, 10-28-74 .......... 571 Efiv) Defendant’s Exhibit No. 42: Letter from Arkansas, 11-7-74 .......... Defendant’s Exhibit No. 43: Letter from Florida, 12-20-74 ........... Defendant’s Exhibit No. 44: Letter from Iowa, 12-19-74 ............. Defendant’s Exhibit No. 45: Letter from Vermont, 12-20-74 ......... Defendant’s Exhibit No. 46: Letter from Washington, 11-15-74 ....... Defendant’s Exhibit No, 47: Letter from Utah, 12-23-74 ............. Defendant’s Exhibit No. 48: Letter from California, 12-23-74 ......... Plaintiffs’ Exhibit to Depositions of Allen E. Pritchard, Jr., and Charles A. Byrley Plaintiffs’ Exhibit No. 1: Allen E. Pritchard, Jr., SS eee Joint Exhibit to Depositions of Allen E. Pritchard, Jr., and Charles A. Byrley Joint Exhibit No. 4(c): Regulations covering Employees of Public Agencies Engaged in Fire Protection or Law Enforcement Activities "FS eece@eeePteeeeee =e Ss SS Se eee 311 Defendant's Exhibit No. 1 METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY DEPARTMENT OF LAW 204 COURTHOUSE NASHVILLE, TENNESSEE 37201 November 4, 1974 Mr. Charles S. Rhyne General Counsel National Institute of Municipal Law Officers 839 - 17th Street, N. W. Washington, D. C. 20006 Dear Mr. Rhyne: This acknowledges receipt of your letter of October 15. You asked if the Metropolitan Government would experience a large increase in costs for Firemen and Policemen due to the Fair Labor Standards Act. From the best estimates available, we have concluded that the annual costs in the early stages of the implementation of the Fair Labor Standards Act for Policemen and Firemen would amount to approximately $938,000.00. This computation is based on no increase in the present compensation. Obviously, the implementation of the Fair Labor Standards Act is going to have a serious financial impact on the Metropolitan Government of Nashville. If we can be of further service to you, please advise. Very truly yours, /s/ Milton H. Sitton Milton H. Sitton Director of Law 312 Defendant's Exhibit No. 2 METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY DEPARTMENT OF LAW 204 COURTHOUSE NASHVILLE, TENNESSEE 37201 November 25, 1974 Mr. Charles S. Rhyne Rhyne & Rhyne 400 Hill Building Washington, D.C. 20006 Dear Mr. Rhyne: This refers to your letter of November 22 in which you enclosed rough drafts of the proposed complaint and brief to be filed in the U.S. District Court for the District of Columbia contesting the extension of the Fair Labor Standards Acts to governmental functions. We note that you have shown Metropolitan Nashville, Tennessee; the correct legal name is The Metropolitan Government of Nashville and Davidson County, Tennessee. Please correct on the final complaint. As you know, the Department of Labor has proposed definitions and rules for determing hours worked and what constitutes a work period with respect to employees of public agencies engaged in fire protection or law enforcement activities. We have previously furnished you with an estimate of the financial impact that the Act will impose upon the operational costs of our Fire and Police Departments. 313 The proposed Rules, if enacted, would have a further effect on our Police Department and could affect the cost of operating our Fire protection. Section 553.8 of the proposed Rules, as we interpret same, would require the payment of overtime where a fireman or policeman is engaged by another public agency of some other state or political subdivision, or by a private employer and the work performed by the employee is not completely disassociated from his employment with the Metropolitan Government; for example, a policeman who is required to wear his uniform and performs services which would deter the commission of a crime; i.e., security guard at a bank. We estimate that 40% of our policemen work in positions requiring police authority. These police officers average at least 16 hours a week in this employment. If the proposed Rules become effective and we have interpreted the proposal correctly, it is possible that the Metropolitan Government would have to pay overtime on 16 hours a week. We estimate that this would cost us in round figures $19,000.00 per week, or a total of approximately $1,000,000.00 per year. This would seriously place a burden on the property taxpayers and might require the curtailment of some needed services. Mr. Rick Bacigalupo asked for the above information. This, of course, is predicated on the approval of the proposed Rules. Sincerely, /s/ Edward W. McCabe Edward W. McCabe Deputy Director of Law 314 Defendant’s Exhibit No. 3 cv" Management Association Information Service SPECIAL REPORT JUNE 1974 The fair labor standards act: effects on fire overtime costs & staffing Effective January 1, 1975, the federal Fair Labor Standards Act will apply to fire department and police department overtime practices. Many cities now are preparing budgets for the fiscal year July 1, 1974, through June 30, 1975. Also, many cities now are in the process of negotiating with representatives of fire- fighter or police groups. The new federal law may have very significant effects on both the budgeting plans of cities and negotiations of city management with police and fire groups. Copyright 1974 by the International City Management Association. i 315 This special MIS report discusses problems and possible solutions in planning for the January 1, 1975, changes required by the Fair Labor Standards Act. GOVERNMENT ADDED TO FLSA COVERAGE Congress enacted a compromise version of the Fair Labor Standards Act placing federal, state, and local governments under the act on March 28, 1974. The President signed the bill on April 8, 1974, and it became effective May 1, 1974. Some changes in the new law will affect cities on January 1, 1975, and in subse- quent years when the overtime provisions for fire and police take effect. The Fair Labor Standards Act provides that the U.S. Secretary of Labor will issue a new regulation that will identify the policies and practices of the Department of Labor in regulating minimum wage and overtime provisions of the act for police and fire departments. It is not likely that the regulation will be issued by the Secretary until later in the summer of 1974 and almost certainly after July l, 1974. As almost all cities that use a July 1 fiscal year must have completed budget preparations and negotiations with organized employee groups by that date, and as cities will not be able to know exactly what the Department of Labor regulations will be prior to July 1, this report is issued to help local govern- ment administrators plan in an uncertain area for the coming year. Local officials are specifically cautioned that the infor- 316 mation in this report may subsequently turn out to be inconsistent with the regulations to be issued later this year. When the Department of Labor regulation is issued, managers should obtain copies immediately and review local policy in comparison with the final regulation to make any additional policy changes necessary. FIRE SUPPRESSION OVERTIME PRACTICES AND THE FLSA LAW Effective January 1, 1975, fire overtime hours are mandated by federal law when- ever hours on duty exceed an average of 60 hours per week, or 240 hours in 28 days, or any proportionate ratio of hours to days between 7 days and 28 days. Many cities in the United States presently have fire duty schedules averaging more than 60 hours per week. Any city will be free to continue to schedule firefighters for hours longer than an average of 60 per week. However, each such city will be required to pay overtime at time-and-one- half for hours worked over the 60 hours per week average. A major unknown is whether, in calculating overtime hours, the Department of Labor will grant an exemption for sleeping and/ or eating time for part of the hours spent in a fire duty period. Previous practice by the department has permitted an exemption of up to eight hours for sleeping time and additional hours for bona fide meal times which, if applied RI ORT AWN ee er er eT SAI Sam 317 in the fire service, could have the possible effect of exempting up to ll hours out of a 24-hour duty period for the purpose of determining hours to be included in overtime calculations. A ruling by the Secretary of Labor re- garding hours for which the minimum wage must be paid, issued in May 1974, re- quires that policemen and firefighters who are required to be on duty for 24 hours or less will use the Wage and Hour Division rule set forth in 29 C.F.R. 785.21. (This is the rule which previ- ously applied to duty time of less than 24 hours.) Thus, for firemen with tours of duty of 24 hours or less, no time may be deducted for meals or sleeping. If this rule is extended and made permanent for calculations of overtime for firemen, it then would not be possible to exempt any sleeping or eating hours from over- time calculations. This report is written assuming the possibility that all scheduled hours will be counted for pur- poses of calculating overtime. Should the Secretary of Labor's regulations per- mit some exemptions for fire hours used for eating and/or sleeping, cities will have greater options in budgeting and negotiating with employee groups. 1975 REQUIREMENTS FOR FIRE OVERTIME Effective January 1, 1975, overtime pay- ment will be required for work over 60 hours average per week, or 240 hours in 28 days, or any proportionate ratio. For cities that use a 24-hour fire duty period, a "10-14" fire duty period, or a 318 "9-15" fire duty period, there are only two possible fire duty schedules between 7 and 28 days that are equivelent to an average of exactly 60 hours per week. In the examples listed, "X" equals a contin- uous 24-hour fire duty period. Most often a 24-hour fire duty period will begin at 8:00 a.m. and continue until 8:90 a.m. the following morning. An "0" indicates 24-hours off duty: Tive 24-Hour Fire Duty Periods in 14 Days (60-Hour Average Fire Duty Week): Ten 24-Hour Fire Duty Periods in 28 Days (60-Hour Average Fire Duty Week): These schedules would not necessarily be the exact ones that would be placed into effect by any given city. For example, on the five 24-hour-periods-in-14 cycle, it is not necessary to have five consec- utive days off. On the ten 24-hour- periods-in-28 cycle, it is not necessary to have nine consecutive days off. How- ever, normal scheduling of 24-hour fire duty periods provides for a 24-hour period off duty immediately following a 24-hour on-duty shift. rane ane . RE Biii de a Pe Nb PRES TT CLIT LOTR 319 Many other options are possible in arran- ging five 24-hour fire duty periods in 14 days or ten 24-hour fire duty periods in 28 days. Two additional examples of each are shown below. Five 24-Hour Fire Duty Periods in 14 Days (60-Hour Average Fire Duty Week): XOXOXOOOXK O XK O0 QO O Ten 24-Hour Fire Duty Periods in 28 Days (60-Hour Average Fire Duty Week): 0000xX 0 xX 0 XX 0 X 0 0 O Many combinations of on-duty and off-duty shifts are possible. The city adminis- trator and fire chief should carefully structure the fire duty cycle to best meet the city's particular needs. AVOIDING UNNECESSARY FIRE OVERTIME City councils and local administrators no longer can afford the luxury of dele- 320 gating completely to fire departments the determination of the fire duty cycle. Any fire duty cycle less than seven days or more than 28 days in length will cost a city unnecessary overtime. For example, some cities presently have a fire duty cycle three days in length. This cycle calls for 24 hours on duty and 48 hours off duty prior to repeating. Even though this cycle is equivalent to an average of 56 hours per week, a city that maintains this particular cycle, beginning January 1, 1975, may be liable to pay unnecessary overtime every third week, as follows: Three-Day Fire Duty Cycle Sun. Mon. Tues. Wed. Thur. Fri. Sat. O O X O O xX O 48 hrs. 0 | x 0 o |x oo o |4g hrs. x 0 oO Xx 0 o |X 72 hrs. In this example, in the first two weeks an individual firefighter would be on duty 48 hours each week, but in the third week he would be on duty for three 24- hour periods for a total of 72 hours. In that third week, the city would be liabe to pay 12 hours of overtime at time-and- one-half. This kind of unnecessary over- time can be avoided by adopting a fire duty cycle at least seven days in length and not exceeding 28 days in length. Specific examples of duty schedules that can be adopted are listed in Table l. 321 THE "10-14" Fire groups have been able to legislate in some states the use of the 10-14 type of fire duty scheduling. The 10-14 basically is identical to a 24-hour period except that it is broken into two parts. Typi- cally, the "day shift" is ten hours in length and most often begins at 8:00 a.m. and ends at 6:00 p.m. The day shift usually will include lunch, and usually sleeping is not permitted on this shift. The "night shift" is 14 hours in length, usually from 6:00 p.m. to 8:00 a.m., and includes dinner and sleeping time. Scheduled fire department activities, such as drills, are uncommon. Firefighters of course are on call to answer an alarm at any time throughout the day shift or night shift. The 10-14 fire duty schedule requires an identical number of day shifts as night shifts. Basically, a 10-hour day shift and a 14-hour night shift are identical to a 24-hour fire duty period in terms of the amount of work-related hours and standby time. Typically, on either a 24-hour fire duty period or a 10-14, there is a maximum of eight hours of work- related activity and a minimum of i6 hours of standby time. Examples of a 10-14 schedule that would average 60 hours per week over a 14-day or 28-day period are as follows: D = day shift (e.g., 8:00 a.m. to 6:00 p.m. -- 10 hours) €T URE L°st OOOO00000X0X0X €T UF 9°TS OOOO000XO0XOXOX €T fT UE EC cv OOOOOOOXO0XO0X ct Ut 9S OOOOOXOXOXOX cT TT UF E 8°S# OOOOOOXOXOX TT OT UFZ 9°EEt OOOO0000X0X OT UF E 7°OS OOOOOXOXOX OT 6 UFZ €°le OOOOO0OXOX 6 UF € 9S OOOOXOXOX 6 cl g ur Zz 7% O0O0000X0X 8 LUE Z 87 0000 XOX L @T2AQ Aang eATy ut (sinoy) 420M seTnpeyos Ang aaty @TNpeyos Aang Ajng uo spotieg Aqjng eity eiTy ut AInOH-4Z JO “ON aselsay sXeq JO ‘ON $Z46T WOd SAINGAHOS ALNG Fuld T ®TQPL 00 a.m. -- 14 hours) 322 00 p.m. to 8 (Text continued N = night shift (e.g., 6 O = off duty 9Z UT L €Z°S* ODDDDDDD00000KOXOXOXOKOXOX 9Z UT 8 69°TS QOO0O0O0DO0O00O0OKOXOXOXOXOXOXOX 9Z UT 6 cT’ss O000000000¥ ® “OXOXOXOXOXOXOX 97 $z ut 9 Z£°O" ODDO00DD0000000KOXOY.OXOXOX SZ Ut Z 70°L9 OO0O0O0O0000000KOXOXOXOXOXOX $Z Ut 8 9L°ES OOOD00D000KOXOXOXOXOXOXOX $z 9Z UT 9 00°24 O000000000000KOXOXOXOXOX 9Z UT L 00°64 OODODOD000000KOXOXOXOXOXOX 9Z UT 8 00°9S OOOO0ODOOOKOXOXOXOXOXOXOX 97 wy S €Z ut 9 78°€% OOODO0DDO000000KOXOXOXOXOX €Z Ut LZ 8T°TS ODOOOOOOOOXOXOXOXOXOXOX €Z Ut 8 €%°ss OOO0O0000OXOXOXOXOXOXOXOX €Z ZZ ut 9 18°S* OOO0D0000UOOKOXOXOKOXOX 7Z Ut Z Sees OOO0O00000OKOXOXOXOXOXOX 7Z Tz ur ¢ 0°0% O00000000000KOXOXOXOX TZ ut 9 0°8 O000000000KOXOXOXOXOX TZ ut Z 0°9¢ 00000000 KOXOXOXOXOXOX 1z @T2AD Ajnq xATy ut Aqjng uo spotieg INOH-4Z JO “ON (sinoy) y42e™ Ajng e1Ty aseisay satTnpeyds Aajng eaty aTNpay xs Agng ality ut sAeq jo ‘ON OZ UT ¢ 0°74 00000000000X0X0X0XO0X OZ UT 9 7° OS O000000000XOXOXOXOXOX OZ UT Z g°gs 0000000XOXOXOXOXOXOX 0z 61 UT ¢ 1Z°9 0000000000X0X0X0XOX 61 UT 9 so°es 00000000XOXOXOXOXOX 61 8T UT ¢ 9°94 000000000X0XOXOXOX 8I Ut 9 9S 0000000XOXOXOXOXOX 8T LT Ut 9 €°6S O000000XOXOXOXOXOX t LT UE s "64 00000000X0XOX0XOX LT Lae) QT UT ¥ ZY 000000000X0XOXOX 91 UTS $*ZS 0000000X0XOXOXOX QT ST Ut 8° 00000000X0X0X0X ST ur ¢ 9S 000000X0XOXOX0X ST yT UT ¢ 09 OCOOOXOXOXOXOX 9T UT 84 0000000X0XOXOX va aT2AQ Aang asjaty ut Ajng uo spotieg ANOH-97Z JO *ON (sinoy) 429M setTnpayoss Ajng eity Aqng 21TYy aselisaay aTNpayoss A yng eityZ ut sAeq jo ‘On No. of 24-Hour Periods on Duty Average Fire Duty Week (Hours) No. of Days in Fire in Fire Duty Cycle Fire Duty Schedules Duty Schedule 9 in 27 8 in 27 7 in 27 56.00 49.77 XOXOXOXOXOXOXOXOXOOO0O000F 000 XOXOXOXOXOXOXOXOOOO00000C 900 27 43.55 XOXOXOXOXOXOXON0000000000000 10 in 28 60.0 XOXOXOXOXOXOXOXOXOXOOO000000 XOXOXOXOXOXOXOXOXOO0000000000 XOXOXOXOXOXOXOXOO00000000000 XOXOXOXOXOXOXOOO0000000000000 28 9 in 28 8 in 28 7 in 28 326 b dP be 4 : j | Z 327 60-Hour Average Fire Duty Schedule "10-14" Shifts, 7- Through 28-Day Cycle In the schedules below, assume that the schedule begins at 8:00 a.m. 14-Day Fire Duty Cycle (60-Hour Average) Ee | 3 4 | 5 | 6 | 7 -D N'D NID N'D N DN 'D N'D UN YG VEG V/ 4 /, G Yi Z | Py, 0 yy ° yD. ° Vd) ° ‘ Dy nll | 9 i° ° 8 9 | 10 11 | 12 13 14 D NID N'D NID NID NID NID BW 0 WW 0 Av 0 (x40 Kio fxio lo lo BV, 9 AV 0 INZ 0 Va7 0 [Nj 0 |0 Jo! 28-Day Fire Duty Cycle (60-Hour Average) 1 2 | 3 | 4 | 5 | 6 7 D NID NID N:'D N'D WN!D NiD N 7 77 77 | | Vy o ¢d 07D) 0 Dy 0 7,010,000 at: LLL Lf 8 | 9 | 10 | 1l | 12 | 13 | 14 D N'D NID NID NID NiD NID N Vis te 2 ae ‘hig ; if NN , iN Niolnio!olo;\o dl 417s Rcd “eke Rial 997? lh Bh | | a7 3 | DN|D.N'D N'D NiD N|D NID N Yn ho Via eho Ah wm BP p} 0D) 0 D0 0 )0,0 0 0 0 22 | 23 | 24 25 | 26 27 | 28 DN|D ND NID NjD Ni]D NID x owio’ fo fwiofxjo|n ! /} P ae ee) Ue . 4 @ | 0 | ll bes 328 DOL SURVEY OF 1975 FIRE DUTY HOURS The Department of Labor will conduct a survey in 1976 to ascertain fire duty hours used by cities during the calendar year 1975. Local government administra- tors should insure that adequate records are kept of fire duty hours, cycles, and schedules of uniformed fire personnel during the calendar year 1975. The law passed by Congress requires the Secretary of Labor to use the information gathered on hours actually served on duty to determine administratively the maxi- mum number of hours over which fire over- time will be paid beginning January l, 1978. Administrators can anticipate substantial demands by fire groups to lower fire hours for the calendar year 1975. The lowe~ the average of fire duty hours is determined to be in 1975, the lower the hours over which overtime payment will be required for firefighters beginning in :97&. It is possible that beginning in 1978 the Secretary of Labor could determine that overtime will be required over 54 hours per week (as in 1977) or over a number of hours less than 54 hours per week. City administrators and city councils should recognize that reduction of fire duty hours in 1975 will affect significantly the number of hours over which overtime must be paid beginning in 1978. It is theoretically possible that the Secretary of Labor could determine that 52, 50, 48, 46, 44, 42 or even 40 329 hours per week--the goal of firefighter groups--could be established as the num- ber of fire hours per week over which overtime must be paid. 1976 REQUIREMENTS FOR FIRE OVERTIME Effective January 1, 1976, cities will be required to pay overtime for any hours over 58 per week, or 232 hours in 28 days. Therefore, to avoid overtime pay- ments, cities using a 60-hour schedule will need to revise the schedule. With the 24-hour fire duty period, the 10-14 period, or the 9-15 period, there are no fire duty schedules possible that are equivalent to 58 hours using a cycle of seven days through 28 days. The next lowest fire duty schedule possible arith- matically between seven days and 28 days is a 56-hour average schedule. The practical effect of the law enacted by Congress is to require a 56-hour schedule starting in 1976 rather than a 58. A 56-hour fire duty schedule basically involves being on duty one-third of the time and being off duty two-thirds of the time. The basic ratio is simple: one on- duty hour or one on-duty day out of three. Therefore, to obtain a permissible sche- dule, it is necessary to devise a ratio of fire duty schedules using cycles of duties divisible by three. Between seven and 28 days, there are seven options of schedules as follows: 330 56-Hour Fire Duty Schedules Between 7 Days and 28 Days Three 24-hour periods in 9: XOXOX0000 Four 24-hour periods in 12: XOXOXOXO00000 Five 24-hour periods in 15: XOXOXOXOXO00000 Six 24-hour periods in 18: XOXOXOXOXOX0000000 Seven 24-hour periods in 21: XOXOXOXOXOXOX00000000 Eight 24-hour periods in 24: XOXOXOXOXOXOXOXOO00000000 Nine 24-hour periods in 27: XOXOXOXOXOXOXOXOXOO000000000 The lower the number of hours per fire duty week, the greater the variety of op- tions in scheduling fire duty periods. Within each of the schedules shown above, a great variety of arrangements of on- duty periods and off-duty periods can be utilized. For example, a common optional scheduling of the four 24-hour duty periods in a 12-day cycle is as follows: XOXOOXOXOO00, Cities should avoid a 56-hour average duty cycle less than seven days in length or greater than 28 days in length in order to Pes Rappers TERY TET a REE Ne LE ETE PIER TON 331 avoid paying unnecessary overtime. There- fore, cities should not use a day cycle of 1 in 3 or 2 in 6, such as: i 2 3 Xx 0 0 O|n 2 0 Ol 2 3 0 xX 69 L€9 L776 "** 666°92 = 000°C 06 ¢S Ss e = oz L9 0 Zz 64 L9t SB 9EE S6€ *** 666'6% =- 000°SZ 68 9T - 0 rz 6 8T z7Z «OC6E “ 0 BL 9€T T6 SLT £6T *** 666°66 - 000°0S ee. _ ay ee €t OT s 0 L8 89 OOT 82 BL *** 666°602 - 000°00T eee ee = a ee v T : 0 96 zz OOT €2 ez *** 666°668 - 000°0SZ2 : *-*. see . *e * ef ** 0 vz S . 0 94 9T oot TZ Zz e*enenennvee 000’00S 4aao 968 ste 8 82 4 02 272 LOE} €2 962 T 8 9L 996 8L OL2‘T Le9°T *** S@T3T2 TTe “TeI0L ™ = — (>) ‘ON (3) "OM (2)°ON (vw) (3) | (@) “ON (@) “ON (@) “ON (Ww) (@) (w) dnoip votzeT Nad jo % zo jo a jO $°ON jo 4% jo 4% jo 4 jo @ *On Bbut320de2 UAouUNUNn JepuNsp AeACTG THIOL | UMOUXUN JepuNnsy ABAO F S IWLOL SaTt3TS ezts dd dd ezts dd dd 3° *ON JUow3Iedep BITJ PowzOjsTuN pted QUewzIedGep aITj powroOj}TuUN @wt3-TTN3 Buraey WOU satzto pted owt3-{T{Tnz BHbutaey Ssetztd . SUALNOIASUIA AGIWUOAINN GIVd IJNIL TINA ONIAWH SXLVLS GALINA AWNL NI 000‘0T YSAO SAILID Z eTqeL pe6t ‘2 Atne 366 7L6T 89 Lz6 o9e’T -** 666'bZ - 000‘0T — OL S6E 0zs “** 666’6b - 000°SZ SL €6T 952 “** 666'66 - 090'0S 3 08 8h 86 *** 666'6rZ - 00000T — LL €z o€ *** 666'66b - 000'0SZ ES 18 Iz 92 " s eeeeeees 9904005 2240 2 ZL LEe9'T , 062'T. ****SaTQTO TIP ‘TRIOL (w) “ON (wv) dnoiy uot ze[ndod jo % poAsarns SOTITO Jo ‘ON SUAILHOIAIUIA IWdIDINAW AC ATAUNS OL ONIGNOdSSs4u SALVLS GSLINN SHL NI NOILV11dOd 000’0T YSAO SAILIO T SIave ‘ze Atuge GCUYHL SSAT 7C Y 37 Cet 1 ¢ ti dee 27S ***E€65€°t2 - Ce OT 9T €F T c ef Sete Ol¢ ***666'6¢ - 000'SZ 9T 02 or v8 LOT LzT ***666'66 - 000°0S 6 5 ee eG OCLs 73 ***666'6b2 = 000’00T = ae O01 eT Bi ***666'66b - 000'0SZ Ss ez € -* 0 LL OT €T *eere""*900°00S 2940 wv ae ’ 0Z T0Z | T 2 62 08 ZTO’T ***SseTZTO TTe ‘TeIOL () () *ON () ‘ON (¥) 7 JOR jo % Butqzz0dex dnozp uot. .dog JOR O° ON Aapunyp IBZAO3G SOTTO usouyun ad oo 30 *ON ezTsS SUALHDIAAUIA UYOA LAIHS ALONG SNONNILNOD YNOH-bZ ONIAWVH SAILITWdIOINOW (e)g aiqeL ; JS" eu ssa] *y at oe" 88 6e (Oe ee 0 SOT ***** 666°66 = 000'0S 6 z ve 0 16 0z 82 tz se. Of 8 60 1 ee ee 0 BL ***"*666'682 - 000'00T oe 0 e 0 oor tt Os Tt 7 6 oo 86 a ch 0 zz ****""666°66R- 000'0SZ Fal Lt T ee 0 t8 S 62 9 ee ee ee ** ee *e ee 0 e4 eererrre**nng’oos qi ) . e* tz $6 T S Lt ete 9€ ece ee ) SL 6 Tt zt 60Z‘T *****SaT3F> TT ‘1#30L (5) “ON = =6(3) “ON (3) *ON (v) (5) | (@) “ON (a). °On (@) “On (v) (@) (wv) dnoipn uotze[ndog Pim | jon jor JOR “ON 308 3% zu Ou _*ON Buy q10dax uaou un Japunsyp IBA049S TeIOL usou yun ‘Ze9pun & APAORS TeIOL S29T3TO ’ ezts 44 a4 ezts aa 44 jo “ON na € z (SAWG NI) JIDAD ALNG SUALHOIAIUIA 40 HLONAT = “y aqeL = peer “2 Aine g Sats SP p su 0 SS S 6 ***"666'b2 - 000’0T 0S Z tite 0 0S Z 7 ****666'6b - 000'SZ = 0 =o 0 00T T T ****666°66 - 000‘0S _ ; 7 ua sn =i 0 ***"666'6bZ- 000'00T iy oe a se si o ***666'66b - 000'0SZ + ee . ee ee ee : o® zz 0 iti ll I32AO a ty aie 0 LS 8 rT — ***seaTQTo [Te ‘TeIoOL (vy) “ON (¥) “ON ((W) “ON (W) dnoiH uoTzelndog jo % Jo 4% jo % Hut3z2z0de2z umouyun Zopun pue »F IOAO pue ¢ -~ $8T3TO 92TS dd dd JO °ON SYUALHSIAAMIA WOR SLAIHS ALNG ,YaHLO, ONIAVH SAILITWdIOINOW_ (J W19eL 377 376 sc Tt _ 0 $9 oz S Te Teé ’ _— 0 69 6 z €Tt z09 ****"*666'°b2 = 000°0T tz t niin 0 - L9 9 t 6 et T — 0 88 L € 8 Tz¢€ **""*"666°6R = 000°SZ nine 0 = OOT . z - _ 0 " 0 Oot € z t sot ***"*"666'66 = 0000S ee. ee se se *-e *e se 0 se 0 se 0 OOT Z £ Z 81 **"*"666'69z o 000’00T ee ee ee *e ee *e ee 0 ee 0 ee 0 OoT T S T > A d **"**666'66P = 000°C ee *e se *e se ee ee 0 se a 0 ee 0 Oot T S T 1e4 _eeerrrer*ngg’ gos a3aAQ ec. 8 °° 0 89 o€ . » Tt s oe 0 4 + 2 2 8z 607‘T “***SOTITO TTe ‘TeIOL “TH *On (“on (>) ON = (Ty) 5) Ca) *ON (4) “ON Ta) *ON ~~ @W)~—SCSD 1 '(W) | j°% 30% joy gO “ON o8 * Joy jo" Z°u *ON BuyQ20daz dnoiy uoy ze {tndog umou uN aAapunsyp BEYN-TT- TRIO, umou UN 29puns » ABAOCIS + TeIOL S8TRTO. ; ‘ ezts 44 4d 8zts 4d dd yO *ON . ” L 9, *p, quod (sAep UT) AIOAD ALNG SUBLINDIAZYIA JO HLONIT (°P, 3409) pb eTqey p66 ‘2 Aine ; as* uey3 enol *e 0 *e 0 *e T Rr T zz Zz fr 0 BL Ll Zz ia z09 tdi | | _ 000’ OT **e **e *e ee ‘ee *e ** 0 os Z *-* 0 0S Zz T y TZ€ ***"**666°6p e 000’sz ef **e ee ee ** *e ee 0 os . _ balled 0 e os Zz a » sot ates e 0000S *e ee ee *e ee ee ee 0 ee ** ee ** ee *e *-* 0 BL o000cgae? ane _ 000’onT *e *e ee **e ee *e ee 0 ** *e *e ee ee ef ** 0 Ad . *****666' 66d _ 000’U_. se ee **e se se se *-e 0 se : se *e *e *-*. *e se 0 ‘4 lettin 18®A0 in 0 — 6s Oot T K T se 9 o ; 0 $9 TT T LT 60Z°T ****SaT3Fo ITe ‘TeI0L ~~Ta) “ON (a) ON “Tay on (yy T3} (a) “on. . (0) on ("on (¥) (Gh) (W) zou _ joy 30% JOR *ON jou Pi) 38% «- «JOR * ON ~SutQ10daz droiy uoyyertndoyg umou xuN Japunsyp IDA0C9SG TeI0] uMOoL yUN zepuns »> AGAORS : TeIOL S3T3T3 ezts dd ad ezts dd dd JO “ON S ad b26T ‘2 Atne *P,wuoo (sAcp ul) AIDAOD ALN SUALHOM Ud dO HLONYT (pmo) — ae 379 (@g° UeyQ=8s8aT) %s° « _ 0 = 0 oot z Kr z L T _ 0 €6 et Zz yt zoo. °° ***"666°bZ - 000°OT oot T — , o/ 0 r T _ 0 _— 0 oot » T 7 Tze °****°666°6R = 000°SZ2 e* ee ee ee oe oe *” 0 7 0 = 0 Ost € z € sot °*°***°666°66 = 000°0S **, *. ee ** ef *e. **, 0 *e se **e *e ef *e ef 0 BL ****"666'69Z - 000‘00T ** ** ee ee e* ee ee 0 ee e- e* **e e* ee ee 0 zz "*"**666'66P - 000° »" Ja: °@e . : : ee 0 ee 0 0oT T S T fe air ef se **e ee ** 0 Zz eoereree"nng’oos AvA0 sz t ** 0 Ge C rn ’ S T oe 0 sé ot @ Te 602’T ****saTaz> Ite ‘TRIE a. . ' ' _ 4 N i) ON N (Wy TH) (ty “on. Ty “On Ty*on (%) ) (v) _ jo% zo% 3°% zou ON zou — a Pick} zOq =*ON Bbuygjrz0dexz dnozy uoyze{tndog umou yun IJapuNsp BARS TROL uaou yun zepun? P A9A03S + TezOL Sat tS ' ‘ ezts dd dd ezTts dd dd 7O “ON It ot *p,3uoo (sAep ut) AIDAD ALNG SUILHOLIIUIA JO NLONIT pc6t ‘a Ate “Pp, auos p eTqeL 378 T cy It 9 oz et € t 7 a) a) a) zoo. *****666'bZ = 000’0T n i 0 . 68 ts all 8S it 9 =, -§ €8 62 It SE Tze (°*°**666°6R = 000’SZ 8 ’ 0 68 bE ez 8 is 8 ° 0 ct? 9 8 rT sot ***""666'66 = 000°0S a oe oe z 0 68 9T £z 8T 0 o oor 9 8 9 BL ****666'602 = 000’00T 0 0 oot -z z =e aie 0 oor tft § T wz ****666'66R = 000° € *e € t 0 9 z ue ee 0 os Tt OT 2z Iz **ee"""""000'00S 2840 ae ce T T 18 8T zet ez Lz 4 z S£ 68 OT ett 602‘T ****S8F2TS Tle “TeIOL (;) “On (jy) “ON tT) “ON “Wy Tt *O} *o rar : 1) (uy) “ON tH) ON HH) *ON WW) Pach} 30% jo. zO8 “ON zor . o8 zo ° ce ° Umou Un Aapunsyp BEYX-LT- TeROL uMoUyUn so0tat b ETT ‘tf pen erases eee ezts 4a aa | lezys 4a 4a 3C *ON Pe 6 a *p,3uod (sAep Uf) ATDAD ALNG SUBLHOIAaNId JO HLONIT , bL6I ‘2 Arne "DP, Woo p OTGPL 380 38] as ur sseT ‘k oz z _ 0 08 + z ot os z _— 0 os z T , 709 ******666'92 = 000°0T oot T -~ 0 of 0 Ld T _ 0 as 0 oot Ss z Ss ze ******666'6R = 000°SZ “* ee ee oe an o6 ais 0 nats 0 as 0 oot Zz T z sot ******666'°66 - 000°0S * ee ee oe oe nia _ 0 _ 0 _ 0 oot Zz t z BL *****666'692 - 000°00T *e se *f ee **e ef ** 0 ef 0 ** 0 oot T Ss T 7Zz *****666' 66d o 000’ 0° ee ** oe oe ee e* * 0 ** ge ** ** ** ee ee 0 Zz eerrere**Q00'O0S ABdAO a _ 0 tc b T Tt eT z “— 0 98 zt T oT. g0z°T* ****sezyaTo Ite ‘19304 we Co) on Coy On: Ww To) Ta) “ON tu) ON Hi) ON Ww) ay (W) . __ £23 : z°% zor zOR_ “ON 3°% _ jo ze JOR ON Buyaz0dex © no1ip vot zetndog umMoU KU epundy IGA09S TeI0OL uAoUXUuUnN JepUuns »F ABA09G + TRIOL s9TRTS ezts 44 44 ezts adi 44 3° *ON 9T st : ° *p,quoo (sAep uy) BIDAD ALNG SYUBLUNOIAZUNIA JO HLONIT . °. *P,atod p OTQPL vz r . 0 oL £T t LT BT ¢ whe 0 z8 8st 6 zz ZOOS eeees6cs'ot = 000°0T ee 0 . 0 oot 9 z 9 9 6S TIE *1eIOL 4 TW ON) CTW SCN TH ON Ty TW (i “on UT) “ON (Ty*on (¥) (7) (v) . jo" zo" zou' zou “ON zor . JOR joe 304% *ON Burg2z0dez dnozy uoyzzetndog umMouUXUn JepUuNnsD JBA03S TeRIOL UMOUXUN Zepuns Pp ABACIS + TeWIOL seTRTe : ezts aa aa ezTts aa aa yO “ON ; rT rat 0L6T *2 Atne *p,quoo (sAep ut) STDAD ALNG SUALUDIAINId dO HLONIT “Pp, auoo p OTaPL ts" weua eseT Ae o » oo ft oo Ss Pe) ee |) a a” Sn 2), hee ac € oe 0 -t9 ¢ z 8 oe = we oe 8 we oo 860 e se 0 te ******666°6R = 000’S2 oe 0 oe 6 oot > : » oe = we ee) ae) eee) ee 0 Sot ****"*666'66 = 000'0S 2 is t _ 0 t¢ T ’ t _ _ — = vt a 7 0 6L ****"666°692 = 000°00T o6 o oe ® oot 1 s 1 oe we os ee ry aT 7 rz °° **666"66R = 000'0 oot it ee 0 oe P s t oe owe “— ~—— Ps 12 | seeeees* 9009" 006 1000 eoervtea ewe cs w#w eo 7 0 & t & z gor’T ****8OTITO TIE ‘TRIE Ta) *OW Ta) “ON Tay on wy quite ‘aieliiitnn zo8 zou _ “ON gueselth UAouXun Zepuns > ZeA03§ + TeIOL S8TI3TO ezts 44 dd 7° ‘ON 4 dnozp woy3e{ndog *p,quoo (sAep Us) AIDAD ALNG SUBLIOIJIUIA 4O HLONAT 461 ‘tf Aine 7p, 10D § OIGeL $S* UPy3 SeOoT FE ** 0. e* 0 00T Zz k z ** ee ** ** ee ee ** 0 z09 errr regs’ oz oe 006’0T oe . e* c Oot I *e I ee oe ee ee o« oe ee 4 Ize *"**** "C66 ER = 0000'S? ee 0 e* 0 Oot T T I ** * ** ** e* e* ee 0 Sot added 1.1 te 7 7 o- 0000S oo 8 eo oo 860 0 oot Tt oc 8 @ 2 @ 8 tT 8 ****"666'6bE = 000°00T se ee oe ee ee ee es ee 0 ee ee ee ee ee ee ee 0 zz -*** 666 CER = 00008 so. «2 ws a ee ot coccccccogentons seam | ne " @ fee ae Se y, ne bor’ ****se7aT9 Tre “tess To “oN () “on Toy “ON Tw TO) (4) “ON (da) “ON Tay “ON WW) Ta) ° clit whitey ith; | reset ltl meebo afibeg * aahiTsarss «Soom wort . ; ts 44 44 zo *ON : eT it —s *p,3uoo (sAep Ut) AIDAD ALNG SUBLNOIAIUIA JO NLONAT "Pp, 3400 & eTUeL PL6T ‘2 Arne 385 384 ast ueya sseT ee 0 ee 0 oot I an T ee ee ee e* ee ee ee 0 709 vere rece’ oz e 000’0T se *-e **. *-e. ~ » *-. **. 0 **. **f se *e ** *e *e 0 .tz€ "es" "666° 6P oe 000°SZ ee 7. ** *-*. *-f. *-e *-* 0 * *-- *. ef *-* *-e ** 0 SST rere eee’ 66 o 000'0S ** *-* ** ** ** ** * 5 ** *-* .* *-. *-* ee . 0 BL ****"¢66' 682 = 000°00T ** ** ** ** ** ** ** 0 **« ee e* ** ee **e ** 0 zz *****666'°66R = 000°0 se s* *e **. *-e *-e ee 0 se 0 **. 0 OoT T S T tz eorerrrrrengg’oos IBVAO e 0 ** Oo eet rT 5 Ue ee tm) ON ip? oN TRL Semi 7) eae ct ees er (A) ON [ COT ane “Ty __J°% ger oe 7°88 ON __ 28 30% zou =—. JSC °c Burt Q2z0dox™ enozy voyyzetndog UAoUXUN Fepuns> TAs Te x0, UACUXUN FZopoun? b JeACSS + ‘“Tex0L seTRITO ezts aa aa ezTs e3 a3 jo ‘cn . °7 an i iat a =e 39% (efem wt) BrcAa due row rryg 29 prey : “Pap FTQS tL6T *2 Arne s* wey Beet rv *e se ee **e se ee se 0 **e 0 ** 0 oot T ~~ T zo9 **"" "666 bz o 000‘ OT *-* 0 **e 0 Oot S$ Zz S **. *e ** *e *e *e *e 0 ze **** "6666S o 000°SZz ee 0 ee 0 oot T T T ** e* ** ee ** e* ** 0 sor "*"""666'66 = 000'0S oe o ** © oot ’ s ’ oe ee oc 8 08 © 8L ****666'6H2 = 000’00T ies 0 _ 0 Oot T T T ie _ _ _ _ _. 0 tz ****666°66) - 000°0 *e 0 ef 0 oot zZ or dl ** :*° : ** ** *e ** *e 0 , 12 errerree*nng’oos 13A0 ee o ** © oof eT t et - @ * @ oF ff ” T 602’ T****setato Tre ‘TeIoy “Th “RN Th “On Cay on vy. & Ti) “ON ~~ Ti) “ON (iy on {¥) = owt) - - j°% zou 3 ‘ Pie) | “ON zou a. PA | 30% 70-8 “ON yz4A0daez norzp vot Ie[ndog uUeou KU aapungyp AGA0IG ° TeIOL uUAOoU \Un aepun? pb AGAOIG + TeIOL Sat to ezTs a4 a4 ezts 44 aa zo “ON ; z zz "Wie p,3uoo (shep ut) BIDAD ALNG SUSL).O14auTa 40 NLONIT * ‘Pp, 005 b OTaGeL pi6t ‘t Atne 387 386 a SS = 0 oot s 1 s | t 0 68 Sn 3 ra woo 20° ***"*666°S2 = 000°OT = *S 2 > “00! c 1 c — 5 a or 9 t 9 we O° **** "666" ER = O00'SE ee 0 ee | ool I 1 1 ** ee _*e ** ee ee 0 sm reer ece eg - 000’0S oe 2 ee ee ee ae 0 oo sae or 6 > Ly SL ****666°6Rz = 000°00T ee ee ee ee ee ee *e 0 ee *e ee ee ee ee ** 0 tz ****666°66> _ 000’ 0¢ ~~ = =~ 6m es pat ool 1 s 1 ze =*eeesss""990"00S 2840 =" =e. ee 00! 6 1 6 ra t oe 66 ‘6 st t iz 60t'l ****seTatO Ite “TeIr “Wy a wv) oe Wy on Wy) Wy al ae Tay On i . 3 Z Pic) | % “ON z _ 30% zou «FOR ON 320de02 © NOADN UoTIeTNdog UAOUXUN 8 JZOepUNngS> ABA09S TeI0L UAOCUXUN JZepuns » APA09G + TeRIOL “Geauen — ezts 44 ad ezts ad 4a ZO *ON ze oc s pc6t ‘et Atnge *p,3uo0d (sXkep uy) FIOAD ALNG SUBLNOIISYTa JO HLONIT *p,2u05 p STqes ec zte¢ tT »9 ez 9 9€ oe ) ee 0 oot » tT . zoo «(°° ****666°P2 - 000°0T ra 3 = 0 ¢6é eT y rt i9 z oe 0 ce "2 tze ‘*****666°6R - 000°SZ — 0 — 0 oot 9 ? 9 0z T nee 0 08 ? t G $9t ***"""666°66 = 000°0S is . 0 oot z € 4 ee 0 ne o oor t t Tt ge 0s “°° **666°6HZ - 000°00T ee ee ee ee ee ee . 0 ee ee ee ee ee ee ee © 7z **** "666°66P o 000°'0 . 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ZO% jou ZOR*ON Pi "JOR 3O%—- JOR _ ON ~BuTRQ20d02 dnoap woz etndog UMOUXUn JZepUNng, J2A03S TVIOL UMOUXUN JZepUunS Pp AB9A0C8S T8320, seTt3To ;, . ezts aa dd ezts 44a aa 37° *ON ez iz ’ tier *2 Aine p,3uoo (shep Ut) ATDAD ALNG SYALND.dguId dO HLONIT *P, au0> p O14eL -—_ - _—— ———— = “a. — ct ie eo . oo oe ep ie TG EOD wooo eg gar az = 00°6R : S . 5 se , _™ j i‘ 90000 0g2 C° 20 an oea’s a e é 0 om ee eo “s 2 Got 8 **** 6666S = COS'IS ** . se ** ee *-* ** 0 ** ee ee *e ; ** ee ** 0 BZ "*"**666'6P2 o 000‘00T AN ee oe ee ee ee ee ee 0 e ee ee ee ee ee e* 0 (a4 ***"666' 66> - 000°¢ ae) ee ee ee *e ee ee ad 0 ** hee ee *e ** ee ** 0 1z eoeeeseesngg’o0s 23aA0 Ot z ” 0 = oO aN z te I ~ 0 “49 gy e 60Z‘I ****sazsato TTe ‘TeAOL . 4 Gy “ON gh) “ON da) ON SW)SC«é | L 602 ‘1° * *sey3}> TTe "[eIoL wi.) “ON Gay) *ON (Aw) ‘ON (WW) (AN) ~©6C71) ~ON~S C1) ~ ON) CTT) ON © (V) TTT) (W) = ee _jo8 zou ON jou . joy jO% zou _*On Buy qaz0daz dno1ap voz etndog UMOUXUN JepUuNnsy I9A0IS Te3zOL uMoUuXUuUn ZepUunS »F Z9A03§ + THIOL seT3ITO ‘ . e235 _ —_ = Ai : AZ S- ——4- dd yO *ON ; 9 ‘ €9 . p,yquos (sXkep ut) AIDAD ALNG SUSLHOIATUIA dO HLONIT *P, quod » 81GeL pc6t ‘2 Atne as* ueya sseT 0S 1 _— 0 Os 1 + 4 oP ’ 0 9s Ss Lf 6 zoo ******666'b2 - 000°0T _ 0 _— 0 «+. 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CUMULATIVE PERCENTAGE OF AVERAGE HOURS OP FIREFIGHTER DUTY CYCLE : PER WEEK FIREFIGHTERS ARE ON DUTY ~ Number of Days Cumulative _ Cumulative t > . in Fire Duty Number of Number of Total Re- Average Fire Cumulative Cumulativet Cycie Cities Cities porting (1209) Hours on Duty Number of ‘umber of of Total Re- Week Cities Cities 2 12 12 1 PFs = 19.5 18 4 978 80.9 50.4 5 249 ° 19.9 20 a 980 , 81.1 $0.5 1 258 20.0 21 27 1007 83.3 51 i 251 20.1 22 1 . 2008 83.4 $1.3 2 253 20.2 24 13 1021 84.4 52 ? 260 20.8 25 1 1022 84.5 52.2 1 261 20.9 26 1 1023 , 84.6 $2.3 1 262 . , 21.0 27 13 1036 85.7 $2.5 1 263 21.0 28 58 1094 : 53 2 265 21.2 : 20.5 53.3 1 266 21.3 - ! 53.5 1 26? 21.3 27 54 8 275 22,0 32 9 cite + ad 54.6 2 276 22.1 40 2 1137 94.0 $6.3 1 982 78.5 42 10 1147 94.9 57 i 9@3 78.6 45 2 1149 95.0 57.4 1 bate 78.7 = 1 1150 95:1 57.5 1 98s 78.7 = 4 1154 93:5 57.84 1 996 78.8 +4 27 1181 97.7 $8 7 993 79.4 Ht 3 1184 97:9 $8.1 2 993 79.5 > ? 1191 9e's 58.6 3 998 79.8 zs 1 1192 98:6 58.7 1 399 79.8 72 1 2193 - 98:7 58.8 2 1001 80.0 84 8 1201 99.3 s9 3 1004 80.3 98 3 1204 99-6 - 59.5 2 1006 80.3 364 ) 1209 100.0 59.9 1: 1007 80.5 . 60 sO: 1057 84.5 | BEST copy AvMaBe 402 403 Table $ (cont'«. Hy Table 6 Average Fire * Cumulative Cumulative Hours on Duty Number of Number of ~~ % of Total per Week Cities Cities (1251) STATES HAVING LAWS REGULATING FIREFIGHTERS’ HOURS 60.1 2 1059 84.7 ans : nny aes Alabama New Hampshire 61. 2 1063 85.0 *Arkansas *New Jerscy a : eas os Georgia *North Dakota 61.4 1 1067 85.3 Dlinois Ohio ro : ; °, 1071 as Indiana Oregon 62.5 2 - 1096 86.0 Kentucky *Pennsylvania 63 2 “ 132 ' $9.9 *Maine , *South Dakota 63.3 > | dies 89.8 *Michigan *Texas 63.4 2 1126 90.0 *Montana Wisconsin 63.5 1 1127 90.1 64 4 1131 90.4 64.3 1 1132 90.5 « *Statute attached. 65 nig 1133 90.6 65.3 1 113% 90.6 eee 65.9 1 1135 90.7 ° 65 19 1154 92.2 66.2 : ort ces STATES HAVING NO LAWS REGULATING FIREFIGHTERS’ HOURS 66.3 ‘ 66.4 1 1157 92.5 67 3 1160 92.7 Arizona ; New Mexico = . , re red 93.6 California North Carolina 67.5 1 1174 93.8 Coloracio Oklahoma 68 3 1177 94. 38.1 ; 5398 : 94:3 Florida South Covetine . = 3:3 —— : _— : nsas 70. . 4 “ 70.5 1 as 24 r Minnesota Virginia 185 4. o1.3 : tr +g Mississippi Washington 72 47 1233 98.6 Missouri ; Wyoming 72.5 1 1234 98.6 72.6 1 1235 9817 - 73 1 1236 98.8 73.1 1 1237 98.9 73.5 1 1238 99.0 78 2 1240 99.1 78.4 2 1242 99.3 78.5 1 1243 : 99.4 84 7 1250 , 99.9 96 1 1251 100.0 404 [Statutes Regulating Firefighters’ Hours—Attached to Letter from D. Slater, National League of Cities to W. Landis, Wage and Hour Division, Department of Labor, 7-5-74] ARKANSAS 19-2102. Appointment of firemen in first class cities [ Repealed. ] Repeal. This section (Act Mar. 21, 1885, No. 67, § 2 (Ist par.), p. 92; Feb. 27, 1893, No. 42, § 1 (3rd sentence), p. 64; C. & M. Dig., § 7709; Pope’s Dig. § 9878) was repealed by Acts 1953, No. 554, § 1. 19-2103. Hours of service.—In all cities of the first class, as shown by the last Federal Census, and all subsequent censuses, which maintain or may hereafter maintain an organized paid, or part paid fire department, no employee of such department shall be compelled to be on duty more than fourteen [14] consecutive hours, except when changing from one tour of duty to the other, or in case of an epidemic among the members of the department, or a conflagration requiring the service of more than one-half [%] of the force of the department. [Acts 1923, No. 135, § 1, p. 115; Pope’s Dig., § 9852.] 19-2104. Two Platoons — Arrangement of hours — Maximum hours per week — Exceptions — Epidemics, conflagrations or emergencies. — The uniformed force of the fire department shall be divided into two (2) platoons. The officers and members assigned to which shall alternate on tours of duty at intervals of not more than fifteen (15) days. The head or chief officer of the fire department shall so arrange the working hours of the employees of such fire department so that each employee shall work, as near as practical, an equal number of hours per month; but not to exceed seventy-two (72) hours per week: provided that the head or chief officer of such department, may at his discretion, in case of an epidemic, conflagration, or 405 such emergency, require such employees for a greater period than herein provided to continue on duty during such epidemic, conflagration or like emergency. [Acts 1923, No. 135, §2 p. 115; Pope’s Dig., § 9853; Acts 1947, No. 240, § 1, p. 512; 1957, No. 157, § 1, p. 481.] Compiler’s Note. A last paragraph of this section was held unconstitutional in Mankin v. Dean (1958), 228 Ark. 752, 310 S. W. (2d) 477. Such paragraph read, *‘Provided that in cities or towns having a commission form of government with a full paid fire department, no member of the fire department in such city or town shall be required to be on regular duty more than an average of fifty-six (56) hours per week computed annually over the city’s fiscal year or any unexpired portion thereof; provided, further, that said members of said fire departments, excepting administrative and maintenance personnel, shall perform their duties in twenty-four (24) hour shifts; and provided further that there shall be no reduction of salaries or rates of pay of members of said fire departments because of the number of hours prescribed in this Act as constituting the average work week of regular duty.” Amendments. The 1947 amendment inserted the provision limiting the number of hours per week. The 1957 amendment added a paragraph which was held unconstitutional. See compiler’s note. Emergency. Section 2 of Acts 1947, No. 240, read: “It is found that firemen have been working an excessive number of hours each week and that this condition should be corrected in the interest of public safety. An emergency is therefore declared to exist and this act shall be in full force and effect from and after its passage and approval.” Approved March 18, 1947. 406 CHAPTER 21—FIRE DEPARTMENT SECTION. 19-2104.1. Cities with population of 15,000 or more—Equal number in platoons—Maximum hours—No reduction of salary—Epidemics, conflagrations or emergencies. 19-2106.1. Reimbursement for use of equipment beyond corporate limits. 19-2106.2. Liability for damages outside corporate limits. 19-2104.1. Cities with population of 15,000 or more — Equal number in Platoons — Maximum hours — No reduction of salary — Epidemics, conflagrations or emergencies. — Irrespective of the provisions of Section 2 [§ 19-2104] of Act 135 of 1923, as amended, the uniformed force of fire departments in cities of the State of Arkansas having a population of fifteen thousand (15,000) or more, according to the latest official United States Census shall be divided into platoons. The responsible chief officer of the Fire Department in cities of this State affected by this Act shall assign as near as practicable, an equal number of employees of said department to each platoon, so that each employee shall work, as near as practicable, an equal number of hours per month, but not to exceed an average of fifty-six (56) hours per week for each period of three weeks. Provided, that there shall be no reduction of salaries of employees of said fire departments because of the number of hours worked during each week as provided herein. Provided, further, that the head or chief officer of such department may, at his discretion, in case of an _ epidemic, conflagration or like emergency, require such employee 407 to continue on duty for a greater period than herein provided, during such epidemic, conflagration or like emergency. [Acts 1969, No. 326, § 1, p. 981; 1973, No. 278, § 1, p.-.] Compiler’s Note. This section was also amended in 1973 by Acts 1973, ch. 151 which act was repealed by Acts 1973, No. 278, § 3. Amendment. The 1973 amendment in the second sentence substituted “an average of fifty-six (56) hours” for “64 hours” and inserted “for each period of three weeks’”’ at the end of the sentence. Repealing Clause. Section 3 of Acts 1969, No. 326 repealed all laws and parts of laws in conflict therewith. Section 3 of Acts 1973, No. 278, read: “Act 1951 of 1973 is hereby repealed.” Separability. Section 2 of Acts 1969, No. 326, read: “If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable.” Effective Date. Section 2 of Acts 1973, No. 278 provided that § | of the act should become effective on July 1, 1973. 408 Emergency. Section 4 of Acts 1969, No. 326, read: “It is hereby found and determined by the General Assembly that the maximum work week for firemen is prescribed by law as 72 hours per week; that a work week of 72 hours is unduly long and that firemen cannot give the best service to the people of this State when required to work 72 hours per week; that the maximum work week of firemen in certain cities must be reduced in order that such firemen can provide the best possible fire protection to the residents of such cities; and that this Act is immediately necessary to correct this _ situation. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.” Approved March 26, 1969. Section 4 of Acts 1973, No. 278 read: “The General Assembly finds that the maximum work week of firemen in certain cities, which is presently 64 hours per week, must be reduced in order that such firemen can provide the best possible fire protection to the residents of such cities; that Act 151 of 1973 did reduce said maximum work week to 56 hours per week, but that the immediate effectiveness of said Act 151 of 1973, caused by the fact that said Act 151 contained an emergency clause, has presented the cities to which said Act 151 applies with a financial problem for which they had not budgeted, and which they need time to meet. It is necessary, therefore, that said Act 151 of 1973 be immediately repealed and replaced by this Act. An emergency is therefore declared 409 to exist, and this Act being necessary for the public peace, health, and safety, shall be effective immediately upon its passage and approval.’’ Approved March 9, 1973. 19-2106.1. Reimbursement for use of equipment beyond corporate limits.—-When the organized fire department of a city or town combats a fire beyond the corporate limits of the city or town, a reasonable effort must be made for ninety (90) days to obtain compensation or reimbursement for such services from the property owner involved. However, if the city or town is unable to obtain payment or reimbursement from the property owner for such services within the ninety (90) day period, the county wherein said property is located may reimburse the municipality for such service in an amount not to exceed two hundred dollars ($200). [Acts 1973, No. 114, § 1, p. —.] 19-2106.2. Liability for damages outside corporate limits.—Neither the municipality nor any municipal official or fire department official or employee involved in combatting the fire shall be liable for any damages or loss that occurs while the fire department is combatting the fire outside the corporate limits of the city or town. Provided further however, that the fire fighter [ fighters] shall have the same coverage as they now have if they are injured while outside the city limits. [Acts 1973, No. 114, §2, p. —.] MAINE Ch. 7, Sec. 663 7. Minimum wage for firemen. Members of municipal fire fighting departments, other than volunteer or 410 call-departments, who are paid salaries or regular wages, are deemed to be employees within the meaning of this section and are covered by this subchapter. Firemen’s wages may be paid by the municipality based upon the average number of hours worked during any one work cycle which is not to exceed 12 weeks in duration. However, 12 times the hourly rate shall not be paid for all work done over 48 hours under this subsection (1965, c. 399, § 1.) (1967, c. 385.) * * * MICHIGAN Act No. 78, Public Acts of 1973 -— Approved by Governor July 31, 1973 ENROLLED HOUSE BILL NO. 4609 AN ACT to amend section 2 of Act No. 125 of the Public Acts of 1925, entitled “An act to regulate the hours of labor of employes in the fire departments of municipalities, and providing penalties for the violation thereof,” being section 123.842 of the Compiled Laws of 1970. The People of the State of Michigan enact: Section |. Section 2 of Act No. 125 of the Public Acts of 1925, being section 123.842 of the Compiled Laws of 1970, is amended to read as follows: Section 2. The provisions of section | shall not apply (a) To the chief officer or the assistant chief officer in command of the fire department of a municipality. 411 (b) To employees of a fire department who are employed subject to call. (c) To the members or employees of a fire department when required to remain on duty by the chief officer of such department, his aides or assistants, in cases of public necessity arising from great conflagration, riot, flood, epidemic of pestilence, or disease, necessary absence of regularly employed men due to military service, or for disciplinary measures. (d) To the members of any volunteer fire department. (e) To any municipality which, by agreement with the collective bargaining agent representing affected employees, does not require its employees engaged in fire fighting or subject to the hazards thereof, to be on duty more than 40 hours in any consecutive 7-day period. This act is ordered to take immediate effect. (40) Act 125, 1925, p. 166; Eff. Aug. 27. AN ACT to regulate the hours of labor of employes in the fire departments of municipalities, and providing penalties for the violation thereof. The People of the State of Michigan enact: 123.841 Fire department employees; period of duty; days off duty; work hours per week. Sec. 1. It shall be unlawful for any municipality, or any officer or employee thereof, in municipalities which maintain or may hereafter maintain an organized paid or part-paid fire department, to require any person in the employ of the fire department who is engaged in fire fighting or subject to the hazards thereof to be on duty in such employment more than 24 hours, or to be off duty 412 less than 24 consecutive hours out of any 48-hour period. All persons in the employ of any organized paid or part-paid fire department who are engaged in fire fighting or subject to the hazards thereof shall be entitled to an additional 24 consecutive hours off duty in every 12-day period, beginning July |, 1966, thereby requiring firemen to work not more than an average of 63 hours per week, and effective July 1, 1967, an additional 24 consecutive hours off duty in every 6-day period, thereby requiring firemen to work not more than an average of 56 hours per week. HISTORY: CL 1929, 2725;—Am. 1937, p. 49, Act 38, Eff. Oct. 29;-Am. 1941, p. 65, Act 57, Eff. Jan. 10, 1942;—-Am. 1947, p. 632, Oct. 335, Eff. Oct. 11;—CL 1948, 123.841;—Am. 1965, p. 151, Act 115, Eff. Mar. 31, 1966. 123.842 Persons Exempt. Sec. 2. The provisions of section | shall not apply (a) To the chief officer or the assistant chief officer in command of the fire department of a municipality; (b) To employees of a fire department who are employed subject to call; (c) To the members or employees of a fire department when required to remain on duty by the chief officer of such department, his aids or assistants, in cases of public necessity arising from great conflagration, riot, flood, epidemic of pestilence or disease, necessary absence of regularly employed men due to military service, or for disciplinary measures; nor (d) To the members of any volunteer fire department. HISTORY: CL 1929, 2726;—Am. 1937, p. 49, Act 38, Eff. Oct. 29,-Am. 1947, p. 632, Act 335, Eff. Oct. 11,—CL 1948, 123.842. 413 123.843 Penalty for violations Sec. 3. Any officer or employe or agent of such municipality who shall require any employe or other person in any such fire department, save as hereinbefore excepted in section 2 of this act, to be on duty in such employment for a longer time than that hereinbefore provided, or to be off duty for a lesser time than that hereinbefore provided, shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not more than 100 dollars or by imprisonment in the county jail for not more than 3 months, or by both such fine and imprisonment. HISTORY: CL 1929, 2727,—CL 1948, 123.843. Sec. 4. (This was a repeal section.) HISTORY: CL 1929,2728;—Rep. 1945, p. 406, Act 267, Imd. Eff. May 25. MONTANA 11-1931. Hours of work of members of paid fire departments in cities of first class. The city council, city commission, or other governing body in cities of the first class, shall divide all members of the paid fire department into platoons of three shifts. The members of each shift shall not be required to work or be on duty more than eight (8) hours of each consecutive twenty-four hours, except in the event of a conflagration or other similar emergency when such members or any of them may be required to serve so long as the necessity therefor exists. Each member shall be entitled to at least one (1) day off duty out of each eight-day period of service without loss of compensation. 11-1934. Hours of work of members of paid fire departments in second class cities. The city council, city 414 commission, or other governing body in cities of the second class, shall divide all members of the paid fire department into platoons of three shifts. The members of each shift shall not be required to work or be on duty more than eight (8) hours of each consecutive twenty-four hours, except in the event of a conflagration or other similar emergency when such members or any of them may be required to serve so long 4s the necessity therefor exists. Each member shall be entitled to at least one (1) day off duty out of each eight-day period of service without loss of compensation. History: En. Sec. 1, Ch. 136, L. 1939. Collateral References Municipal Corporations 194. 62 C.J.S. Municipal Corporations § 600. NEW JERSEY 40A:14-46 Two-platoon system in_ certain municipalities having a paid fire department and force. The governing body of a municipality, having a paid fire department and force, by resolution, may divide the members and officers of such department and force into 2 platoons, one platoon serving 24 hours of duty while the other is off duty for the same period of time. Source: R.S. 40:47-—38. 40A:14-47 Two-platoon system for fire department in certain municipalities; establishment; referendum. In municipalities, except cities of the first class, wherein a proposal for a 2-platoon system shall have been adopted the governing body of the municipality, or the 415 board or officer in charge of a paid or part-paid fire department and force, shall divide the paid members and officers of the said department and force into 2 platoons, one designated as a day force, the other as a night force. Each force, respectively, shall alternate the hours of duty on every fourth day. The hours of duty of the day force shall be from 8:00 A.M. to 6:00 P.M. and the night force from 6:00 P.M. to 8:00 A.M. the following morning, except that on every fourth day, for the purpose of such alternation the number of said hours of duty may be exceeded but one force shall be off duty at all times, except as otherwise provided by law. The 2-platoon system shall be inoperative unless and until a proposal for such a system shall have been submitted to and adopted by the legal voters of the municipality at a primary or general election or at an election held for that purpose. It may be submitted as a public question, in the manner prescribed by law, by resolution of the governing body, or by filing with the governing body of the municipality a petition for such submission signed by at least 10% of the legal voters of the municipality in substantially the following form: “(Insert the name of the municipality and state the question.)” The ballot shall contain 2 squares to the left of the question, one with the word “Yes’’, the other with the word “No”, respectively, to the right thereof. The ballot shall also contain instructions to voters to vote by marking a cross (X), or plus sign (+) or check mark ( i+) in the square according to their choice. If voting machines are used a vote of “Yes” or “No” shall be equivalent to such markings, respectively. The municipal clerk shall forthwith canvass the returns of the election and shall certify the results thereof to the 416 governing body of the municipality. If a majority of the legal voters voting on the question shall vote “Yes’’, the 2-platoon system shall become operative and the governing bedy or the board or officer in charge of said paid or part-paid fire department and force shall then proceed to establish such system. This section shall not be Construed to repeal or modify in any form any existing law relating to salaries, annual vacations, sick or disability leave of any of the members or officers of the paid or part-paid fire department or force. Source: R.S. 40:47-39; 40:47-40 amended 1938, c. 276; 40:47-42; 40:47-43; 40:47-44; 40:47-45: 40:47-46: 40:47-47; 40: 174-66; 40:174-67: 40:174-68: 40:17469: 40:174-70; 40:174-71; 40:174-72. 40A:14-48 Two-platoon system for fire department in cities of the first class: emergency service: compensatory time off. In cities of the first class, the governing body, by resolution, or the board of fire commissioners or officials in charge of a fire department and force, may divide the -members and officers of such fire department and force into 2 platoons, one serving while the other is off duty. Each platoon, respectively, shall alternate the hours of duty for the purpose of alternating the day force with the night force and vice versa, and for the purpose of giving each platoon 24 hours off duty every 6 days. The hours of duty of the day force shall be from 8:00 A.M. to 6:00 P.M. and the night force from 6:00 P.M. to 8:00 A.M. the following morning. In cases of conflagration or other emergency the officials in charge of the fire department and force shall have authority to retain on duty any or all members and : 2 a 4 417 officers of such department and force during the period of the emergency, but in any such case and within 12 months thereafter, such members or officers shall be given a day or proportion thereof off for extra time so served by them during the emergency. | Nothing contained herein shall be deemed to repeal or modify existing laws relating to salaries, annual vacations or sick or disability leaves of the members or officers of such department or force. Source: R.S. 40:174-132; 40:174-133; 40:174-134; 40:174-135; 40:174-136; 40:174-137; 40:174-138; 40:174-139; 40:174-140. 40A:14-49 Fifty-six hour week for members and officers; referendum. The governing body of any municipality, by ordinance, may adopt a schedule of hours of actual duty for the members and officers of a paid or part-paid fire department and force based upon an average of 56 hours per week in any 6-week cycle, but in cases of emergency the officials in charge shall have authority to retain any uniformed member or officer on duty during the period of the emergency, and in any such case and within 12 months thereafter such member or officer shall be given hours off from the average of 56 hours per week in any 6-week cycle to compensate him for the extra hours served by him during such emergency. Any such ordinance shall be inoperative unless and until it shall be submitted to and adopted by the legal voters of the municipality at a primary or general election or an election held for such purpose. Said adoption may be submitted as a public question in the manner prescribed by law, by resolution of the governing body or by filing with the governing body a 418 petition for such submission, signed by at least 10% of the registered voters of the municipality. The question shall be submitted substantially on the ballot as follows: Insert the name of the municipality and state the question. “Shall the ordinance providing that the uniformed members and officers of its fire department and force shall be maintained in such manner as to provide that no member or officer thereof shall be required to remain on duty in excess of 56 hours per week in any 6-week cycle except in cases of emergency be adopted?” If a majority of the legal voters voting on such question vote in favor of the adoption, the ordinance on and after January | following such election shall become operative. Source: C, 40:47-47.2 (1948, c. 73, s. | amended 1949, c. 100, s. 2): C. 40:47-47.3 (1948, c. 73. s. 2 amended 1949, c. 100, s. 3): C. 40:47-47.4 (1948, c. 73, s. 3 amended 1949, c. 100, s.4). * * * NORTH DAKOTA GENERAL PROVISIONS 34-01-08 Maximum hours for cities in this state having a population of five thousand or more inhabitants shall work for such city more than eight hours in any one day or more than fifty-six hours in any one week except in case of emergency. This section shall not apply to a public officer who is elected to his said office, nor to members of the police force, nor to the members and employees of the fire department, nor to the head of any department of the city. 419 Source: S.I., 1935, ch. 201, § 1; 1937, ch. 177, § 1; R.C. 1943, § 34-0108. Cross-Reference. Civil Service for city employees, see ch. 40-44. Collateral References. Labor Relations 1367, 1379. 48 Am. Jur. 2d, Labor and Labor Relations, § 1863. 51B C.J.S. Labor Relations, § 1197; 56 C.J.S. Master and Servant, § 17. 34-01-09. Violation of hours of employment for city employees — Penalty. — Any employee who shall willfully violate section 34-01-08, and any city officer and any member of any board, bureau, or commission having charge of or supervision over the employment of any such employee who shall require such employee to violate such section, is guilty of a misdemeanor and shall be punished by a fine of not less than ten dollars nor more than one hundred dollars, or by imprisonment in the county jail for not more than thirty days, or by both such fine and imprisonment. Source: S.L. 1935, ch. 201, § 2; 1937, ch. 177, § 2; R.C, 1943, § 34-0109. 34-01-09.1. Maximum hours of labor. — No employee, other than the chief of a fire department in any city of North Dakota with a population of twenty thousand or more inhabitants, shall be required to work more than one hundred and forty-four hours in any two-week period but shall be subject to call while off duty in case of emergency not to exceed more than one hundred and forty-four hours in this two-week period. Any person who shall violate any provision of this section shall be guilty of a misdemeanor and shall be punished by a fine 420 of not less than twenty-five dollars nor more than one hundred dollars. Source: S.L. 1949, ch. 223, §§ 1, 2; R.C. 1943, 1957 Supp., § § 34-01091, 34-01092. Note. The provisions of section 34-01-09.2 have been combined with this section. Collateral References. Labor Relations 1351-1420. 48 Am. Jur. 2d, Labor and Labor Relations, §§ 1838-1865, 51B C.J.S. Labor Relations, §§ 1186-1209; 56 C.J.S. Master and Servant, § § 14-17. Beauty Shops, control of hours of work by statute or ordinance regulating, 56 ALR 2d 892. 34-01-09.2. Penaity.—Repealed by omission from this code. Note. The provisions of this section have been combined with section 34-0!1-09.1. PENNSYLVANIA THIRD CLASS CITY CODE OF PENN. 53 PURDON’S STATUTES 37103 Section 2103. Platoon System; Hours of Service; Vacation; Sick Leave.—The director of the department having charge of the fire bureau in each city shall divide the officers and members of companies of the uniformed 421 fire force in the employ of such cities, and any other firemen and drivers regularly employed and paid by the city, excepting the chief engineer and assistant chiefs, and those employed subject to call, into two bodies or platoons to perform service during such hours as the director shall fix, except as herein otherwise provided. The hours of day service shall not exceed ten, commencing at eight o’clock in the morning, the hours of night service shall not exceed fourteen, commencing at six o’clock in the afternoon; and the hours of day service shall not exceed fifty hours in any one calendar week, and the hours of night service shall not exceed seventy hours in any one calendar week, unless the hours of day and night service shall be equalized, in which case neither the hours of day or night service shall exceed fifty-six in any one calendar week: Provided, That for the duration of any war in which the United States is engaged, and six months thereafter, the hours of service may exceed the number hereinbefore provided as the maximum number of hours of service, and in such cases, council shall provide for the payment of extra compensation for any hours of service, at the same rate as paid for regular service in excess of such maximum hours of service. The employes of such fire forces shall be allowed to have at least twenty-four consecutive hours of rest in every calendar week, to have an annual vacation of not less than fourteen working days, and shall be entitled to twenty-one days sick leave annually without diminution of the salary or compensation fixed by ordinance. In those instances in which sick leave exceeds four days at any one time, it shall be necessary for the employe to present evidence satisfactory to the director of the department showing either injury, hospitalization, or 422 illness attended to by a physician. In cases of riot, serious conflagration, times of war, public celebrations, or other such emergency, the chief engineer of the bureau of fire, or the assistance chief deputy, or chief officer in charge at any fire shall have the power to assign all the members of the fire force to continuous duty, or to continue any member thereof on duty, if necessary. No member of any of said shifts, bodies or platoons shall be required to perform continuous day service or continuous night service for a longer consecutive period than two weeks, nor be kept on duty continuously longer than ten hours in the day shifts, bodies or platoons or fourteen hours in the night shifts, bodies or platoons, excepting as may be necessary to equalize the hours of duty and service, and also excepting in cases of emergency, as above provided. (Amended July 19, 1957, P.L. 1012.) Section 2104. Fire Marshal; Powers. — Every city may, by ordinance, provide for the creation of the office of fire marshal who shall be appointed by the mayor, by and with the approval and consent of council, biennially. The fire marshal and his assistants, if council shall provide for such assistants, shall inspect all constructions or buildings within the city or upon property owned or controlled by the city or a municipality authority of the city within the Commonwealth, whether public, private, or business, and shall enforce all laws of the Commonwealth and ordinances of the city relating to such constructions or *x* *k * 423 SOUTH DAKOTA CLASSIFICATION AND CONDITIONS OF EMPLOYMENT 3-6-18 duties of employees, within the time designated, the classifications, the minimum essentials of efficiency, the uniform system of efficiency ratings, the equitable salary scale, the plan for pooling and transferring clerks, stenographers, clerical assistants, and common and skilled laborers, and the plan for co-ordination of duties of employees, submitted by the director of employment shall thenceforth be in full force and effect. Such classifications, minimum essentials of efficiency, uniform system of efficiency ratings, equitable salary scale, plan for pooling and transferring clerks, stenographers, clerical assistants, and common and skilled laborers and plan for co-ordination of duties of employees shall continue in force and effect until amended or revised by a majority vote of the board of finance at any regular meeting. Source: SL 1927, ch 73; SDC 1939, 55.2701 (9). Cross-Reference. . Rules and regulations, procedure for adoption, §§ 1-26-2 to 1-26-14. 3-6-17. Maximum hours of duty for pubuc employees — Special provision for city firemen. — No employee of the state or any of its political subdivisions, nor of any municipal corporation shall be employed more than eight hours in any day, nor more than forty-eight hours in any calendar week except in case of unavoidable emergency, and except that full-time employees of city fire departments shall have their own hours of employment governed by a mutual agreement with respective 424 municipal corporations and shall not exceed one hundred twelve hours during a fourteen-day period. Source: SL 1933 (SS), ch 10, § 2; R.C. 1939, § 17.0103; SL 1949, ch 75,—; 1951, ch 93, § 1; 1959, ch 100; 1966 ch 63, § 12. Cross-References. Legislative employees, hours of duty, § 2-5-7. Record of attendance for state employees, § 3-6-11. Workmen’s Compensation Computation. Statute which fixes maximum number of hours public employee may be required to work is not applicable in computing daily wage under workmen’s compensation statute. Millage v. Canton Township (1949) 73 SD 26, 38 NW 2d 755. Opinions of Attorney General. “Emergency” as applied to circumstances arising at Yankton state hospital, Report 1949-50, p. 209. Not unlawful to employ in excess of eight hours, permitted in emergency cases, Report 1955-56, pp. 278, 318. Overtime pay permitted when caused by unavoidable emergency, Report 1943-44, p. 150; 1955-56, p. 299. Overtime pay permitted when employee works hours beyond those contemplated at time of employment, Report 1943-44, p. 215. 3-6-18. Public officers and agricultural workers exempt from restriction on hours.—Nothing in § 3-6-17 shall be construed to apply to public officers elected or appointed as*such forany specific term or part of a term. 425 TEXAS Art. 1269p CITIES, TOWNS AND VILLAGES Title 28 Art. 1269p. Hours of labor and vacations of firemen and policemen in certain cities. Cities over 25,000; hours of labor Section 1. No member of any fire department or police department in any city of more than twenty-five thousand (25,000) inhabitants shall be required to be on duty more than six (6) days in any one week. Exception for emergencies Sec. 2. The preceding subdivision shall not apply to cases of emergency. Cities over 30,000; vacations Sec. 3. Each member of any such departments in any city of more than thirty thousand (30,000) inhabitants shall be allowed fifteen (15) days vacation in each year with pay; provided that the provisions of this Section of this Act shall not be applied to any member of any such department in any city of more than thirty thousand (30,000) inhabitants unless such member shall have been regularly employed in such department or departments for a period of at least one (1) year. Number of vacation days and holidays Sec. 3a. Firemen and Policemen shall have the same number of vacation days and the same number of holidays, or days in lieu thereof, that is granted to other municipal employees. Federal Census Sec. 4. Each preceding Federal Census shall determine the population. 426 Designation of vacation days and holidays Sec. 5. The city officials having supervision of the fire department and police department shall designate the days of the week upon which each such member shall not be required to be on duty, and the days upon which each such member shall be allowed to be on vacation. Cities over 10,000; hours of labor Sec. 6. It shall be unlawful for any city having more than ten thousand (10,000) inhabitants but not more than sixty thousand (60,000) inhabitants, according to the last preceding Federal Census, to require or permit any fireman to work more than seventy-two (72) hours during any one calendar week. It shall be unlawful for any city having more than sixty thousand (60,000) inhabitants but not more than one hundred twenty-five thousand (125,000) inhabitants, according to the last preceding Federal Census, to require or permit any fireman to work more than an average, during a calendar year, of sixty-three (63) hours per week. It shall be unlawful for any city having more than one hundred twenty-five thousand (125,000) inhabitants, according to the last preceding Federal Census, to require or permit any fireman to work more than an average, during a calendar year, of sixty (60) hours per week. Provided further, that in any city having more than ten thousand (10,000) inhabitants, according to the last preceding Federal Census, the number of hours in the work week of members of the fire department whose duties do not include fighting fires, including but not limited to mechanics, clerks, investigators, inspectors, fire marshals, fire alarm dispatchers and maintenance men, shall not exceed the number of hours in the normal work week of the majority of the employees of said city other than firemen and policemen. 427 Provided further, that in computing the hours in the work week of firemen subject to the provisions of the preceding paragraph, there shall be included and counted any and all hours during which such firemen are required to remain available for immediate call to duty by continuously remaining in contact with a fire department office by telephone or by radio. Provided, however, that in any such city having more than ten thousand (10,000) inhabitants, in the event of an emergency, firemen may be required to work more than the maximum number of hours herein provided; and in such event firemen working more than the maximum hours herein provided shall be compensated for such overtime at a rate equal to one and one-half times the compensation paid to such firemen for regular hours. Cities over 10,000; overtime Sec. 6A. It shall be unlawful for any city having more than ten thousand (10,000) inhabitants, according to the last preceding Federal Census, to require or permit any policeman to work more hours during any calendar week than the number of hours in the normal work week of the majority of the employees of said city other than firemen and policemen. Provided, however, that in any such city having more than ten thousand (10,000) inhabitants, in the event of an emergency, policemen may be required to work more than the number of hours in the normal work week of the majority of other city employees; and in the event policemen are ordered to work a greater number of hours than the number of hours in such normal work week of other city employees, such policemen shall be 428 compensated for any such overtime at a rate equal to one and one-half times the compensation paid to such policemen for regular hours. Effectiveness of Act Sec. 6B. The governing body of each city which comes under the provisions of this Act' shall put into effect the provisions hereof, without referendum or election, on or before the first day of the next fiscal year of such city after the effective date of this Act. Working extra hours Sec. 7. The provisions of this Act shall not be construed to prevent firemen and policemen from working extra hours when exchanging hours of work with each other with the consent of the department head. Penalty Sec. 8. The city official having charge of the fire department or police department in any such city who violates any provision of this Act shall be fined not less than Ten ($10.00) Dollars nor more than One Hundred ($100.00) Dollars, and each day on which said city official shall cause or permit any Section of this Act to be violated shall constitute and be a separate offense. 429 Defendant’s Exhibit No. 5 CITY OF LOMPOC CALIFORNIA CITY HALL 119 WEST WALNUT AVENUE TELEPHONE REgent 6-1 261 September 27, 1974 Mr. Charles S. Ryhne National Institute of Municipal Law Officers 839 17th Street, N.W. Washington, D.C. 20006 Dear Mr. Ryhne: I note that you have been retained as Chief Counsel for the National League of Cities to take on the 1974 Fair Labor Standards Act as it applies to the states or local governments. I have been fighting what I consider to be a lonely skirmish on this battleground. The attached materials document my point. To put it bluntly the Department of Labor, in its approach to compensatory time, is flat wrong and will not condescend to think about changing its position but instead cites a case which does not apply to compensatory time. So far as I am concerned this City is going to continue to pay compensatory time and if the Department of Labor objects we will win the point in court. You may find that the point I urge is of some persuasive value in your case. I presume your case will be 430 one of urging states’ rights, and my point indicates what kind of a right is interfered with: i.e. the right for a public employee and his employer to decide upon compensatory time as compensation for labor. I will be in San Diego 7th and 8th if you wish to discuss the point further. Very truly yours, /s/ Alan Davidson ALAN DAVIDSON City Attorney June 3, 1974 U.S. Department of Labor Washington, D.C. ATTENTION: Assistant Secretary Bernard E. Delury Gentlemen: We understand that it is the interpretation of the Department of Labor that under the 1974 Fair Labor Standards Act that cities may no longer. give compensatory time to employees who have worked overtime, but must only pay them money. It was our interpretation of the law that “comp.” time could still be given, but that at a rate of time and one-half. If it is the department’s position that only money can be paid for overtime, we would appreciate its specifying the section of the Code or Act upon which such an interpretation is based. Very truly yours, ALAN D. DAVIDSON City Attorney 431 U.S. DEPARTMENT OF LABOR EMPLOYMENT STANDARDS ADMINISTRATION WASHINGTON, D.C. 20210 Mr. Alan D. Davidson City Attorney 119 West Walnut Ave. Lompoc, California Dear Mr. Davidson: Your letter of June 3, 1974 to Assistant Secretary of Labor Bernard E. Delury has been referred to this office for a reply. In your letter you question the Department’s position regarding compensatory time off under the Fair Labor Standards Act. The overtime compensation requirements of the Act are discussed in the enclosed bulletin, Part 778. Section 778.106 indicates that the payment of both the minimum wage and overtime compensation due an employee must ordinarily be made at the regular payday for the period in which the work was performed. An employer may not credit an employee with compensatory time (even at a time and one-half rate) for overtime earned which is to be taken at some mutually agreed upon later date subsequent to the end of the pay period in which the overtime was earned, rather than pay cash for the overtime as it is earned. However, it is permissible for the employer employing one at an hourly rate, or at a fixed salary for a fixed workweek, to lay off the employee a sufficient number of hours during some other week or weeks of the same pay period to offset the amount of overtime worked (i.e. 432 at the time and one-half rate) so that the desired wage or salary for the pay period covers the total amount of compensation, including overtime for each week taken separately. Under this method the employer does not average hours over a period longer than a week. He controls the earnings by controlling the number of hours the employee is permitted to work. If you need additional information, you may wish to contact ovr office in Room 504, 6777 Hollywood Boulevard, Hollywood, California 90028, phone 213-472-3181, Ext. 373. The people in that office will be happy to help you in any way possible. Sincerely, /s/ William Hoffman William Hoffman, Chief Division of Minimum Wage and Hour Standards Wage and Hour Division Enclosure 433 Section 778.106 Time of Payment. There is no requirement in the Act that overtime compensation be paid weekly. The general rule is that overtime compensation earned in a particular workweek must be paid on the regular pay day for the period in which such workweek ends. When the correct amount of overtime compensation cannot be determined until some time after the regular pay period, however, the requirements of the Act will be satisfied if the employer pays the excess overtime compensation as soon after the regular pay period as is practicable. Payment may not be delayed for a period longer than is reasonably necessary for the employer to compute and arrange for payment of the amount due and in no event may payment be delayed beyond the next pay day after such computation can be made. Where retoactive wage increases are made, retroactive overtime compensation is due at the time the increase is paid, as discussed in §778.303. For a discussion of overtime payments due because of increases by way of bonuses, see §778.209. 434 CITY OF LOMPOC CALIFORNIA CITY HALL 119 WEST WALNUT AVENUE TELEPHONE REgent 6-1 261 July 16, 1974 William Hoffman Chief, Division of Minimum Wage and Hour Standards Wage and Hour Division United States Department of Labor Washington, D. C. 20210 Thanks to your kind reply, we have received the United States Department of Labor Interpretive Bulletin No. 788 which is part of Title 29 of the Code of Federal Regulations relating to overtime compensation. This interpretive bulletin interpreted the Fair Labor Standards Act of 1938. It is still being used to interpret the recently adopted Fair Labor Standards Act of 1974, which added public employees to this Act. Section 778.106 covers the question of when payment for overtime shall be made and quite properly indicates that payment in cash shall be made at the earliest payday. Delays are only allowed when computation cannot immediately be made. This interpretation is most correct in relating to cash payments because such delayed payment can be less than full payment, for several reasons. This section has been applied to overtime compensation which compensation will be in the form of compensatory time (leave from work) at the rate of one PER ME reg 9 : , pine R eer a si : k 2 © ee ¥ * 435 and one-half times the overtime worked. This means under strict application of section 778.106, and as reflected in your letter on the subject, that any time and one-half compensatory time must be given the same pay period. Because, however, the practical necessities of scheduling work and workloads do not fit into a compensatory scheme designed to discharge the employers obligation in a one or two-week or even one-month payroll period, the practical application means that compensatory time cannot be used. (Compensatory time is given employees at the time of slack periods.) Slack periods relate to the demands of the work, not pay theories and practices. The upshot of the interpretation is that the giving of compensatory time by public bodies to their employees is effectively prohibited under the 1974 Act. A review of the provisions of the 1974 Act do not show an intention of Congress to change the salutary and often practiced granting of compensatory time to public employees. There are _ several considerations relating to compensatory time which should be seriously considered by the Secretary of Labor: 1. If the employee (whom we are trying to protect) prefers compensatory time off to money, and many of them do, he should not be thwarted in the receiving of such time by rules promulgated by the Department. Such an important principle should be clearly and exactly decided by Congress itself. 2. Many jurisdictions have varying work loads but may not have the money to pay the time and one-half in cash. To require the jurisdiction to pay money and not be able to use slack work periods for this compensation is a consequence not clearly indicated by Congress. 436 Compensatory time off in public employment is 99 percent of the time granted to an employee at his request, he tacks it onto weekends and vacations. Compensation time is of great utility to the employer and the employee alike and should not be thrown out by these rules. 3. There is no reason why there could not be a reasonable limit on the granting of compensatory time. Section 778.106, or a similar section, could provide that if compensatory time is to be given it shall be given at the same rate as is overtime pay but must be given within a reasonable time, i.e., six months or one year. 4. These rules are backing public jurisdictions into a guaranteed 40-hour week. Such a principle should only be adopted by Congress, and clearly so. The reason is this: if the time and one-half is paid in cash the next pay per- iod, and then three months later a slack period appears and the employer gives the employee time off, this time off will be without pay. (If this time off were credited against the overtime account, it would be with pay.) Thus, if the employer who has ups and downs in his work load-must allow employees time without pay because he doesn’t have the money to pay them at the time, it is going to be creating a hardship on the employees. They will have pay periods where they will get large overtime pay and pay periods where they will get small pay. This causes hardship and resultant poor employee relations, with increased union activity and demand for guaranteed minimum 40-hour weeks. We _ request that the Department not back public jurisdictions into such a corner by the inadvertent application of a section relating to payment in cash. This is a request that the Secretary of Labor consider and enter into an adoption of interpretive rules relating 437 to compensatory time used as compensation under the Fair Labor Standards Act, and that he (or whoever) specifically either provide that Section 778.106 does not apply to non-cash payment or adopt a new section covering the problems raised by the granting of compensatory time. This question is not merely the concern of the undersigned. From materials I have observed, the National League of Cities has published this interpretation and I know from experience it is being followed by most public jurisdictions. I have determined this is particularly true in California. The problems caused by applying this section to compensatory time are immediate and I ask that you move quickly on this matter. Yours truly, /s/Alan D. Davidson ALAN D. DAVIDSON City Attorney 438 U.S. DEPARTMENT OF LABOR EMPLOYMENT STANDARDS ADMINISTRATION WASHINGTON, D.C. 20210 Alan D. Davidson, Esq. City of Lompoc 119 West Walnut Avenue Lompoc, California 93436 Dear Mr. Davidson: This is in reply to your letter of July 16, 1974, regarding the Department’s position with respect to compensatory time-off under the Fair Labor Standards Act. There is not much that we can add to that which we wrote you on July 9, 1974. By its own terms, the Act requires that overtime compensation be computed and paid on the basis of each workweek standing alone. This is a long established principle which has been in effect since the law’s inception and which has been upheld by the courts. See the Supreme Court’s opinion in Walling v. Harnischfeger Corporation, 325 U.S. 427 (1945). That decision indicates that overtime payments must be made within the regular pay period, unless for some reason delay is required to allow the employer to compute overtime payments. Where delay is unavoidable, payment must be made as soon as practicable. Neither the Administrator of the Wage and Hour Division nor the Secretary of Labor has specific authority to waive this requirement. 439 There is no indication that Congress, in enacting the 1974 amendments to the Act, contemplated any change in the requirement that overtime due under the Act must be paid in cash upon completion of the pay period and not in the form of compensatory time-off at some subsequent date. Sincerely, /s/ William Hoffman William Hoffman, Director Division of Minimum Wage and Hour Standards Wage and Hour Division 440 Defendant’s Exhibit No. 6 CITY OF CAPE GIRARDEAU CAPE GIRARDEAU, MISSOURI 63701 October 15, 1974 Mr. Jack. R. Younce Area Director Wage and Hour Division Department of Labor Room 563, 210 North 12th Street St. Louis, Missouri 63101 Mr. James McDonald Compliance Officer Room 142, Federal Office Building Box 554, 339 Broadway Cape Girardeau, Missouri 63701 Re: Minimum Wage Law Compliance Gentlemen: By this letter | must inform you that the City of Cape Girardeau, Missouri, will not comply in any fashion with the Fair Labor Standards Act of 1974 and will make itself available for no audits or inspections of any kind. After careful consideration and study, it has been determined that the Fair Labor Standards Act of 1974 is and shall be treated as being unconstitutional. It is our every intention and our desire to obey the law. We take this action very regretfully and after much 441 soul-searching. However, in view of the nature of local governments, the tradition and growth of local governments, and the constitutional basis for local governments, we can take no other action but to deny the constitutionality of this Act as it applies to our City. Please be advised, however, that in the event this Act is ruled to be constitutional, the City of Cape Girardeau, of course, will comply with the Fair Labor Standards Act of 1974 and will do so fully and immediately. However, we expect the test case on the Fair Labor Standards Act of 1974 to be decided in favor of States and Local Governments and against the Federal Congress, i.e. unconstitutional. Again, I want to say that we take this action not in an effort to beat the law or in an effort to break the law, but because of our considered and counseled opinion that this Fair Labor Standards Act of 1974 is, in fact, not the law because of its unconstitutionality. We will await communication with you on the matter and if we can further clarify our position in any way, please feel free to call or contact me. Very truly yours, Thomas M. Utterback City Attorney 442 Defendant’s Exhibit No. 7 U.S. DEPARTMENT OF LABOR OFFICE OF THE SOLICITOR 911 WALNUT STREET — ROOM 2106 KANSAS CITY, MISSOURI 64106 November 20, 1974 KCL:DM:DRB Mr. Thomas M., Utterback City Attorney City of Cape Girardeau Cape Girardeau, Missouri 63701 Re: Brennan vy. City of Cape Girardeau, Missouri Dear Mr. Utterback: Enclosed is a copy of a complaint which we have sent for filing in the United States District Court at St. Louis, Missouri. Formal service will be made upon Mr. Lawley in due course. Should you so desire, we would be pleased to discuss the case with you at an early date. Sincerely, T.A. Housh, Jr. Regional Solicitor By /s/ Donald McCoy Donald McCoy Attorney Enclosure 443 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI SOUTHEASTERN DIVISION PETER J. BRENNAN, ) SECRETARY OF LABOR, ) UNITED STATES DEPARTMENT OF LABOR, ) CIVIL ACTION ) Plaintiff, ) FILE NO. ) v. ) ) CITY OF CAPE GIRARDEAU, MISSOURI, ) ) Defendant. ) COMPLAINT Plaintiff brings this action to enjoin defendant from violating the provisions of section 15(a)(2) of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 201 et seq.), hereinafter called the Act, including the restraint of any withholding of payment of minimum wages and overtime compensation found by the Court to be due employees under the Act. I Jurisdiction of this action is conferred upon the Court by section 17 of the Act. 444 Il Defendant, the City of Cape Girardeau, Missouri, is a political subdivision of the State of Missouri located in the county of Cape Girardeau, Missouri, within the jurisdiction of this Court. The activities of defendant, a public agency as defined by section 3(x) of the Act, were, and are, related and performed through unified operation or common control for a common business purpose, and have, since May 1, 1974, constituted an enterprise within the meaning of section 3(r) of the Act. IV At all times since May 1, 1974, said enterprise has had employees handling, selling, or otherwise working on goods that have been moved in or produced for commerce and has been a public agency as defined in section 3(x) of the Act. Said enterprise, therefore, was and is an enterprise engaged in commerce or in the production of goods for commerce as defined in section 3(s)(5) of the Act. Vv Defendant has violated and is violating the provisions of sections 6(b) and 15(a)(2) of the Act by failing to pay to certain of its employees, for their employment in an enterprise engaged in commerce or the production of goods for commerce, wages at rates not less than $1.90 per hour since May 1, 1974. 445 VI Defendant has violated the provisions of section 7 and 15(a)(2) of the Act by employing certain of its employees in an enterprise engaged in commerce or in the production of goods for commerce, for workweeks longer than 40 hours since May 1, 1974, without compensating said employees for their employment in excess of 40 hours in such workweeks at rates not less than one and one-half times the regular rates at which they were employed. Vil As a result of the violations alleged in paragraphs V and VI hereof, defendant has unlawfully withheld and continues to withhold unpaid minimum wages and overtime compensation due certain of its employees. Vill Defendant has repeatedly and willfully violated the aforesaid provisions of the Act. A judgment permanently enjoining and restraining the violations herein alleged including the restraint of the continued withholding of unpaid minimum wages and overtime compensation due defendant’s employees is specifically authorized by section 17 of the Act. WHEREFORE, cause having been shown, plaintiff prays judgment permanently enjoining and restraining defendant, its officials, agents, servants, employees, and those persons in active concert or participation with defendant who receive actual notice thereof, from violating the provisions of section | 5(a)(2), including the restraint of any withholding of payments of unpaid 446 minimum wages and overtime compensation found by the Court to be due to defendant’s employees, together with interest thereon from the dates when such amounts became due, and for such other and further relief as may be necessary and appropriate, and costs. William J. Kilberg Solicitor of Labor T. A. Housh, Jr. Regional Solicitor Room 2106, 911 Walnut Street Kansas City, Missouri 64106 (816) 374-2281 /s/ Donald McCoy Donald McCoy Attorney United States Department of Labor and Donald J. Stohr United States Attorney Office of the Attorney 1114 Market Street St. Louis, Missouri 63101 (314) 6224205 By Michael W. Reap Assistant United States Attorney Attorneys for Plaintiff 447 Defendant’s Exhibit No. 8 CAPE GIRARDEAU SOUTHEAST MISSOURIAN 11-17-74 AUTONOMY OF LOCAL GOVERNMENT THREATENED BY LABOR REGULATION BY MAYOR HOWARD C. TOOKE On Oct. 15, 1974, the City of Cape Girardeau gave written notice to the Wage and Hour Division of the Department of Labor that the city believes the application of the Fair Labor Standards Act to minicipalities is unconstitutional. This action was not taken hastily, nor was it taken without full consideration of the issues involved and the consequences. At issue in this matter is whether the citizens of this country in establishing their government and electing their representatives at various levels of government, intended those at any one level to interfere with or dictate to those at another level. Specifically, we do not believe that the federal government has the constitutional authority to inject itself into employe matters which should be settled at the local level. Nor do we believe that the same standards of wages and hours and overtime compensation should prevail in every city in the United States. Substantial differences in work requirements exist now between various cities, and we seen no valid reason to standardize local work assignments along federal lines. Case in point: Cape Girardeau over a period of many years developed a workable system for fire protection—one that was within their financial 448 capabilities and yet allowed for a fire department staffed entirely of professional fire fighters and not dependent upon volunteers for manpower as are a great many departments. Under this system, the Cape Girardeau Fire Department achieved a degree of professional efficiency second to none. The city takes a great pride in its fire department: available evidence indicates also a great personal pride in their work on the part of individual firemen. Long tenure in employment by many firemen Suggests satisfaction with their conditions of employment. This has all been accomplished at the local level, without help or hindrance from other levels of government. However, now the federal government is injecting itself into purely local government in this instance, as well as others. We think that financial consequences of such regulation will create great fiscal problems for many cities. In Cape Girardeau, the fire department budget alone, now at about $350,000 annually, would increase by up to $400,000 annually if the present level of service were maintained by existing personnel. By hiring additional employes and eliminating overtime, the cost could be brought down to where the increase would be about $250,000. Based on the present assessed valuation of property in Cape Girardeau, this increase would be a minimum of 40 cents per $100 assessed valuation per year; this compares to our existing general revenue tax levy of 50 cents. To send our tax levy from 50 cent to 90 cents would be a drastic change for the taxpayers of this city. 449 Many cities faced with such massive increase in costs will consider the alternate course of reduction in level of service, and herein lies a real threat to cities such as ours—that because of increased costs artificially generated by federal bureaucracy, our local government services might be reduced. For instance, a city government could decide to get by with fewer firemen on duty and depend upon securing additional manpower by calling out off-duty personnel. Obviously this would be much less desirable than our present system. Another system being seriously considered by quite a few cities is that of creating a category of employes known as “public safety officers’ who would have duties as both policemen and firemen as the need developed. This would result in monetary savings, but not in strict professionalism, and would not meet with enthusiasm from either policemen or firemen. Any of these radical adjustments are totally unneces- if the federal government will only stay out of the regulation of local government, and allow each unit of local government to determine the level of service necessary to meet the needs of their particular citizens, balanced against the willingness of such citizens to provide the necessary taxes for the support of such services. The contention of some in federal government is that cities are subject to federal regulation because they engage in interstate commerce, due to their purchase of supplies manufactured in other states. This reasoning is absurd, and if followed to its logical conclusion would place everyone in this country in interstate commerce. Every person reading this newspaper would be engaged in interstate commerce by the purchase of the paper, 450 because the paper on which it is printed was produced outside the State of Missouri. Cities are not engaged in commerce, interstate or otherwise. Nor do we need federal regulation of municipal employment. Leave us to our own destiny, and let us continue our existing services. Defendant’s Exhibit No. 9 December 11, 1974 MEMORANDUM TO: City Attorney FROM: W. G. Lawley, City Manager SUBJECT: IMPACT OF FLSA ON FRINGE BENEFIT COST You recently inquired about the effect FLSA might have on the cost of employee fringe benefits should the city be required to comply. All those fringe benefits the cost of which varies in direct relationship to payroll dollars will increase proportionately as employee pay increases because of FLSA applications. Included in this category of benefits are social security, workmen’s compensation insurance, retirement program, sick leave, vacation, and pay for holidays worked. On the average, fringe benefits cost the City now about 28% of payroll and in the case of departments having lower retirement ages, namely the fire and police departments, fringe benefits cost about 30 percent for the Police Department 451 and 35 percent for the Fire Department. If you need additional information on this subject please let me know. I have included fringe cost in the summary of cost increases which might be expected under various alternatives available to the City should it be necessary to apply FLSA to our employees. December 10, 1974 MEMORANDUM TO: Thomas M. Utterback, City Attorney FROM: W. G. Lawley, City Manager SUBJECT: FLSA ’74 The Fire Department is presently not in compliance with FLSA in that the Department’s work week is not changed since the law first became effective, May 1; and the starting salary of $500 is $93.00 less than the starting salary per month computed at $1.90 per hour for a 72 hour duty week. After January 1, 1975, we will be out of compliance in a similar fashion in that the minimum rate of $2.00 per hour applied to the new 60 hour week — considering present circumstances wherein the Fire Department utilizes a 72 hour duty week, resulting in 16 on-duty personnel in addition to the Chief, the Inspector, and the Mechanic — will result in a minimum salary of $520, which is still $20 greater than the current starting rate of $500. 452 We have five major methods of complying with the FLSA: 1. Employ additional fire fighters, to maintain existing on-duty strength. 2. Retain the existing number of employees, reduce the duty week and make overtime payments to maintain on-duty strength. 3. Keep the same number of personnel but reduce duty week and reduce on-duty strength in lieu of making overtime payments. 4. Utilize an entirely or partially reserve (volunteer) unit. 5. Combine the police and fire departments to create a public safety department and cross-train policemen and firemen to perform both functions. Of these, the first three have been reviewed in detail, the 4th has received only cursory attention, and the Sth, because of the nature of the change, would involve lengthy study. Consideration of items | and 2 is based on the premise that FLSA requirements are that by 1977 a minimum duty week of 54 hours must be established and that in the following year the work week will be based on national averages. A recent survey indicates a national average duty week of 51 hours in cities polled by the International City Management Association. It appears reasonable to assume that — should all cities now using greater schedules reduce duty weeks to 54 hours by 1977 ~ the national average schedule would then drop to at least 48 hours per week. To implement a 54 hour duty week and maintain existing strength levels would require 12 additional firefighters at an annual cost in 1977 of about $141,000. 453 To establish a 48 hour duty week would require a total of 19 additional employees from 1974 levels at an annual cost of $223,000. To retain a 72 hour work week and pay overtime to maintain existing on duty strength would require annual overtime payments of about $340,000 by 1978. Should the average work week be reduced to 48 hours, the annual overtime payment would then be about $427,000. The data given above for overtime payments and starting pay levels does not include the cost of compensating raises in departments other than the fire department so that all other employees would receive equal increases. The 72 hour duty week for firemen would result in approximately $306 per month average increase in fire salaries across the board to maintain parity. Extending a similar raise to non-fire departments would increase cost by an additional $964,000 annually. Should staffing remain at 42 fire employees and on duty hours be reduced without expanding the number of men then the number of on duty personnel would decrease. A 54 hour duty week with 42 employees would result in a decrease from on duty strength of 15.4 to 11.6 after allowing 3 week’s vacation and | week sick leave for all employees in the fire department. This reduction would allow the City to maintain 2 substations with 3 men on duty and 5.6 men, which translates to 5 or 6 men, on duty at the central station each day. Should the duty week further reduce to 48 hours at a 42 staffing level, the on-duty strength would decrease from 15.4 to 10.3. This would result in operating | substation with 3 employees on duty and a central station with 7.3 employees on duty or would allow maintaining 2 substations with 2 men on duty at each plus maintaining the central station with 6.3 duty officers. 454 The City currently operates 3 substations with 3 men on duty at all times plus the central station with 6.4 men on duty. Because sick leave taken ordinarily averages less than | week per year per man, the City is ordinarily able to have at least 16 men on duty in addition to the Fire Chief, the Inspector and the Mechanic. Cost data is not yet available for the 4th and Sth alternative courses of action; however, it is apparent that implementing either would result in a major change in local conditions as a result of legislation enacted by persons who are not experienced, not qualified, and otherwise without knowledge for making such decisions and as a result of regulations by agencies with similar expertise. The Police Department would not be affected by implementation of FLSA standards with the possible exception of application of regulations to the police reserve unit. Promulgated regulations are unclear, but it seems likely that as now operated the reserve unit would not be affected until regulations are changed by FLSA Administrators; i.e., the Department of Labor. The major impact of record-keeping requirements of FLSA, as I understand them, would be the necessity to change the method of reporting hours worked in the various departments and then centralizing detailed records of hours worked and paid. Presently much information is kept at department levels with only summary data reported to the central office for the purpose of computing payroll. The present system works to the benefit of employees to make sure they are properly paid within existing city payroll [page missing] clerical and other salary levels are conducted to insure that city salaries are competitive. In addition, it is the 455 City’s policy to establish its lowest pay scale for the least demanding position at or near the federal minimum wage existing at the time salary scales are reviewed with the result that all city salaries are equal to or exceed federal minimum scales. In fact, when basic salary levels were last established, in 1970, base pay for the lowest paid position was scaled at $1.80 per hour compared to the then existing minimum wage of $1.60 per hour. All city employees other than college students, and similar temporary or part time employees are well above the federal minimum level of $1.90 to $2.30. An exception exists under recently promulgated rules, which require that the minimum wage be applied to sleep and meal time of firemen and not just to on-duty hours. This causes starting fireman pay to be less than $1.90 per hour. Presently, firemen and police employees earn salaries equivalent to and in most cases greater than those of teachers in the local public school system. When the value of fringe benefits is added, the pay scales of fire and police personnel are clearly superior. ADDITIONAL INFORMATION: Fringe benefits are: 1. a. Social Security Benefits . b. Workman’s Compensation Insurance c. Group Medical and hospital including major medical — Employee at City cost. Dependents at employee cost. d. Retirement plan — employee cost, 4% pay; — City picks up balance. — Benefits = 1% of high 5 year average salary per year of service + duty death, duty disability and other features. (On Retirement) e. Sick leave — accumulative at | day per month up to 90 f. Vacation — accumulative at | — | 1/2 days per month — g. 9 holidays. h. Guaranteed annual wage policy, i.e., no layoff because of weather, etc. + Year Annual Week 73 72 71 70 69 68 67 66 65 64 work days. FIRE RUN DATA No. Of Runs 389 398 45] 434 336 353 307 344 295 390 Per 7.5 7.7 8.7 8.3 6.5 6.8 5.9 6.6 5.7 7.5 *change in report ** 5 hours/day x 365 days = 8,760 available hours. 456 Time On Fire Runs Annual 318:09 213:19 NA* NA* 202:18 171:13 160:05 186:27 169:46 227:30 Min. Per Run % of Avail. Hrs. Per Run** 3.6 2.4 24 day maximum accumulative Man-Hours On Fire Runs Aver. Hrs. Per Man Per Annual Year 1537:11 36.6 1286:57 36.8 1477:30 42.2 1368:20 39.1 NA* a NA* _ NA* NA* = NA* - NA* — 457 3. Police overtime cost is expected to increase by about $8,000 per year because of pay at rate of | 1/2 for hours over 40 per week, compared to previous prac- tice of paying straight hourly rate for overtime hours worked. Defendant’s Exhibit No. 10 SALT LAKE CITY CORPORATION LAW DEPARTMENT 101 CITY & COUNTY BUILDING SALT LAKE CITY, UTAH 84111 October 23, 1974 Mr. Charles S. Rhyne General Counsel National Institute of Municipal Law Officers 839-1 7th Street, N.W. Washington, D.C. 20006 RE: Fair Labor Standards Act Dear Mr. Rhyne: Thank you for your inquiry dated October 15, 1974, concerning the adverse effects of the Fair Labor Standards Act on Salt Lake City government. Our personnel director, Lynn J. Marsh, has outlined in some detail the affect of this amendment on Salt Lake City operations. I have attached a copy of his evaluation for your records. 458 However, with specific reference to your inquiry concerning compensatory time off, I can state that the Federal requirements are met with great dismay by the City. As you are aware, Salt Lake City is located in the mountains at approximately 5000 feet elevation. In the winter months, commencing the latter part of October and often continuing through April, we receive copious amounts of snow. The snow must be plowed from our streets and salt applied to enable traffic to operate. In the past, the City has utilized street department employees to perform this service during the winter months; these employees often work long overtime hours and are on call 24 hours a day during this hazardous season. They have been given the option to accept compensatory time off on the basis of one and one-half hours off for each overtime hour worked or to receive time and one-half overtime pay. By far the vast majority of the workers have chosen to take compensatory time off during the summer months. You will note from Mr. Marsh’s correspondence, that it is estimated that the cost of overtime payments for the City would approach $500,000.00, a sum, I might add, the City does not presently have. Further, it is a procedure which is not desired by the majority of city employees; but is rammed down our throats by Federal fiat for reasons apparently known only to big labor and the Washington social planners. You will also note the other areas of the Act which will have impact on the city. It would appear that the City will definitely be unable to hire the number of young people it has in the past years because of the increased salary which m [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385003_0266%3A03. Public record. Not legal advice.