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File #: 16-0754    Version: 1 Name: Resolution to rescind Resolution #16-1306 and #16-1324 due to the recent preliminary injuntion by the US District Court for the Eastern District of Texas preventing the U.S. Department of Labor from implementing the revised FLSA overtime regulations on De
Type: Resolution Status: Adopted
File created: 12/12/2016 In control:
On agenda: 12/19/2016 Final action: 12/19/2016
Title: Resolution to rescind Resolution #16-1306 and #16-1324 (authorizing changes to the City's Pay Classification Plan) due to the recent preliminary injunction by the US District Court for the Eastern District of Texas preventing the U.S. Department of Labor from implementing the revised FLSA overtime regulations on December 1, 2016.
Attachments: 1. DOL Ruling Halted.pdf, 2. 16-1324.pdf, 3. 16--1306.pdf

Title

Resolution to rescind Resolution #16-1306 and #16-1324 (authorizing changes to the City's Pay Classification Plan) due to the recent preliminary injunction by the US District Court for the Eastern District of Texas preventing the U.S. Department of Labor from implementing the revised FLSA overtime regulations on December 1, 2016.

 

Summary

Description of Topic: (who, what, where, when, why and how much)

Resolution to rescind Resolution #16-1306 and #16-1324 due to the recent preliminary injunction by the US District Court for the Eastern District of Texas preventing the U.S. Department of Labor from implementing the revised FLSA overtime regulations on December 1, 2016.

 

Budgetary Impact: N/A

   Non-Capital Item:

      ____ Budgeted under account #_______________ (discussion item)

      ____ Not budgeted, requesting transfer of $__________ from Account #______________ to Account #_____________.

      ____ Not budgeted requiring increase to account #___________ in the amount of $____________.

 

   Capital - Departmental

      ____ Budgeted under account #______________ for $___________ and described in budget as __________________________________.

                    Additional amount needed, if any: Increase in budget of  $_____________ OR, transfer of $___________ from Account #____________ to Account #_______________

      ____ Not Budgeted - account #____________ requires budget increase of $_____________.

 

   Capital Project - **THE PRE-PROJECT CHECKLIST AND BUDGET CHECKLIST MUST BE ATTACHED TO THIS FILE**

      In current year Capital Projects Plan: 

        _____ Yes, planned amount $___________, requesting $_________ as total project estimate, including contingencies, under account #_________________

        _____ No, requesting $___________ as total project estimate, including contingencies, under account #____________________

 

Body

 

                     WHEREAS, On November 22, 2016 a United States District Judge for the Eastern District of Texas, issued an Order Granting a Temporary Nationwide Injunction, halting the Department of Labor (DOL's) December 1, 2016 implementation of drastic changes to the Fair Labor Standards Act's  "white collar exemptions." The new regulations would have doubled the minimum salary level required for executive, administrative and professional employees to be considered exempt from the FLSA's overtime requirements, from over $23,000 to over $47,000, and

                     WHEREAS, Resolutions #16-1306 and #16-1324 had authorized changes to the City's Pay Classification plan in preparation of becoming compliant with the new FLSA requirements and therefore in light of the injunction, there is now a need to rescind these resolutions.

 

                     NOW THEREFORE BE IT RESOLVED that the City Council of the City of Foley, Alabama, as follows:

                     SECTION 1:                     Resolutions #16-1306 and #16-1324 are hereby rescinded.     

                     SECTION 2:                     This Resolution shall become effective immediately upon its adoption as required by law.