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Constitutional Law Keyed to Farber
National League of Cities v. Usery
Citation:
426 U.S. 833 (1976)Facts
The Fair Labor Standards Act, originally enacted in 1938, excluded state and local governments from its coverage. Through a series of amendments beginning in 1961, Congress gradually extended FLSA coverage to certain public employees. In 1974, Congress enacted amendments that removed the exemption for state and local governments almost entirely, extending minimum wage and maximum hour provisions to virtually all public employees. The appellants alleged these amendments would impose substantial costs on state and local governments, requiring millions of dollars in additional expenditures. They further claimed the amendments would force states to restructure essential services such as police and fire protection, reduce training programs for law enforcement personnel, curtail affirmative action programs, and eliminate beneficial internship opportunities. The amendments directly regulated how states compensated their employees, displacing state policy choices regarding wage scales, part-time employment, and the use of volunteer services in areas such as fire protection.
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