Title: Opiinion File 74-20 thru 74-25
CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/WL00003376/00001
 Material Information
Title: Opiinion File 74-20 thru 74-25
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Buddy Blain's Collections - Opiinion File 74-20 thru 74-25
General Note: Box 14, Folder 4 ( Opinion File 1974 - 1975 - 1974-1975 ), Item 4
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003376
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text



southvv est Florida --S\
Water Management District


BROOKSVILLE, FLORIDA 33512


)" DFRRIILL. MATiEER, Chairman. Brooksvillc HERMAN IIEVILI.l., llushncll
GEM S. C. IIEXLEY, JR. Vice Chairman. Land 0' lakc J. R. GRAW, Ocala
JOHN A. ANDIRSON, Trcasurcr, St. Petcrburg JOE 1i. HILL, I.cchsurg



FFy 9F,974 9ii KEY WORDS:

February 18, 1974 t V i-,,


L. M. Blain, Esquire
c/o Gibbons, Tucker, McEwen, Smith, Cofer and Taub
P. 0. Box 1363
Tampa, Florida 33601

Reference: Fair Labor Standards Act

Dear Mr. Blain:


A question has arisen as to the applicability of the Federal Fair
Standards Act to the Southwest Florida Water Management District.
are concerned that District practices may be in violation of this


Labor
We
act.


The State of Florida Personnel Rules and Regulations of the Career Service
System contains the provisions of this Act including payment of time and
one half for overtime. We presently pay only a straight hourly rate for
overtime.

We would appreciate your opinion as to whether or not the District is
required to abide by this Act.

Very truly yours,


ROBERT W. BRINGS, Chief
Management Information Systems & Personnel Department
Division of Administration

cc: C. Schultz

RWB:mcb


P. O. BOX 457


N BROOKS JOHNS, Lakeland
THOMAS VAN dcr VI.ER, Yankeetown
ROBERT E. VAUGHN, Brandon
Donald R Feaster, Exccutive Director


f ,VS,

0 -Fe L


_UII___












'4 h


SWiD p r Labor Stadrds Act
sw8rtWR Pair Labor Standards Act


Please note the attached letter from SWFMWD concerning the above.
I believe that you previously did some research on this subject,
and I would appreciate it if you would give me the answer to the
question raised in the attached letter.


MGG:bl
'4'3 5,3


''



r
'ir" 7

t.
,,
,.


'3


t s-


7 .4-. A


r. r


2/22/74


S"
r
~



11. a




a"
B'


I _


.,


lolcl





74-22

MEMORANDUM


TO: MYRON GIBBONS
FROM: LARRY E. CHRISTENSEN
RE: SWFWMD FAIR LABOR STANDARD ACT.
DATED: FEBRUARY 26, 1974


The District is not subject to the Fair Labor Standards Act.

DISCUSSIONS

The Fair Labor Standard Act of 1938 as ammened appears at

29 U.S.C. 201, et seq. The operative provisions of the Act are

section 6, which requires the payment of minimum wages and 7

which requires time and a half for overtime.

The requirements of these are imposed upon "employers."

Section 3 (d) gives the following definition of an "Employer"

under the act.

"Employer" includes any person acting directly or
indirectly in the interest of an employer in relation
to an employee but shall not include the United States
of America or any State or Political Subdivision of a
State, (except with respect to employees of a State or
political subdivision thereof, employed (1) in an in-
stitution, or school referred to in the last sentence
of "r" of this or (2) in the operation of a rail-
way or a carrier referred to in such sentence), or any
labor organization (other than when acting as an employer)
or anyone acting in the capacity of officer or agent
in such labor organization."

The only case I can find concerning a specialcdistrict holds that

such a governmental entity is exempt from the Fair Labor Standard

Act. The Puerto Rico Communication Authority was created for the

purpose of operating a telegraph and telephone system on the is-

land, and even though this activity might have been exercise by

a private concern, the Court held that the Authority was a

"policial subdivision," which is excluded from the coverage of the





7 4' -23

Act. Abad v. Puerto Rico Communications Authority, 88 F. Supp.

S34 (D.C. P.R. 1950).

The February 18, 1974, letter from Robert W. Brings, suggests

that the District is concerned that it might be governed by the

rules and regulations of the Career Service Systems. This is

probably not true. The provision that Mr. Brings is referring

to is rule 22A-2.14, which provides:

"If it becomes necessary for an agency head to require
an employee to work overtime due to an emergency situation
as defined in 22A-8.02 (D) and it is not possible to
grant compensatory leave in accordance with 22A-8.05,
the employee shall be paid for all compensatory leave pro-
vided in & 22A-8.06 (C). Such Payment shall be at the
rate of one and one half times the employee's regular
hourly rate."

The above rule is promulgated under the general authority of

SChapter 110.022, which is applicable to a "state agency" or

"agency" This term is defined at F.S. 110.042 (1):

"State Agency" or "Agency" means an official, officer,
commission, board, authority, council, committee, or
department of the executive branch, or the judicial branch,
of state government as define in Chapter 216."

Chapter 216 does not shed any additional light on the question.

F.S. 216.011 (e) provides:

"State Agency" or "Agency" means any official, officer,
commission, board, authority, council, committee, or
department of the executive branch, or the judicial branch
as here and define of,,State Government.

No other provisions of Chapter 110 or Chapter 216 suggest that

SWFWMD is a State Agency and the enabling legislation for the

^ District suggests on the question of salaries and wages that

the District is autonomous and does not fall within the Juris-

diction of the Career Services Systems. F.S. 373.079 pro-

vides in relevant part:
















"The governing Board of the District is authorized to
employ an executive director and such engineers, other
professional persons, other personnel, and assistants
as the board may deem necessary and under such terms and
conditions as it amy determine, and to terminate such
employment."

It therefore appears the District is not subject to the State



(2)






S* 74-25





of Florida Personnel Rules and Regualations of the Career Service

System. If Mr. Brings has any further information we will be

well advised to obtain that information in order to make a final

decision on the question of applicability of the State Rules.


I-




University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs