- Research the Supreme Court case, Garcia vs. City of San Antonio.
- Determine if the court holding applies.
- Determine whether compensation and overtime applies to exempt and non-exempt security personnel in your state. (California)
- Discuss Fair Labor Standards Act (FLSA) provisions and determine which provisions might apply or not apply.
- Identify the FLSA exempt and non-exempt employee compensation and overtime regulations.
- Differentiate the costs and benefits of utilizing part-time, full-time or contract personnel in security roles.
- Describe the methods for determining compensation benefits and wage levels for security personnel.
- Detail the cost factors of employment benefits, e.g., vacation, sick time, medical insurance, worker's compensation, etc.
Hello and thank you once again for using Brainmass. Please bear in mind that the solution below is written as a sample-guide, aimed to provide you with ways of tackling the problems presented in your academic problem by example. It is therefore not aimed to be course-specific as your current class might have selected points of argument expected with regards to the case. It covers, however what is asked and should provide you with what you need. An additional attachment aside from the word version of the solution is also included to present the current practiced exemptions to the FLSA by the California Labor Commission. Good luck!
OTA 105878/Xenia Jones
Garcia vs. City of San Antonio
The Fair Labor Standards Act of 1938 (FLSA), also known as the Wages and Hours Bill has had several amendments for the purpose of relevance since its inception. It remains, however, one of the most important Federal Laws governing employment for it guards minimum wage, guarantees overtime (time & a half) payment and guards against oppressive child labour. FLSA applies to all employers and employees practicing interstate-commerce whether in manufacturing, business and other forms of interstate production of commercial goods and services for the purpose of profit and trade. FLSA does not apply if by any chance the employer finds exemption but this only appears in rare cases. There have been many arguments and legal conflicts determined and resolved via the FLSA. One of the more prominent was the Supreme Court case of Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528 of 1985 for it tested the applicability and constitutionality of the Act specifically the powers of the Congress to extend FLSA applicability to employees of all State and local governments under the Commerce Clause of the US Constitution. Additionally, the final decision overruled a previous decision of the Court in National League of Cities v. Usery, 426 U.S. 833 (1976), on the argument of regulation of state and local government activities in relation to the Commerce Clause as being in violation of the 10th Amendment.
The FLSA's passage in 1938 did not specifically cover employees of transportation and transit companies as well as those employed by state and local governments. A 1966 amendment to the FLSA by the US Congress extended the coverage to private transit companies of a particular size and to cover certain employees of state and local governments. By doing so, Congress withdrew minimum wage and overtime exemptions for public hospitals, schools, and mass transit ...
The solution is a 1,453-word guide that provides a discussion and analysis of the Supreme Court case, Garcia vs. City of San Antonio, discussing the applicability of the court holding in relation to the compensation and overtime pay of exempt and non-exempt security personnel in California. Included in the discussion are the applicable and non-applicable provisions of the FLSA. The solution follows the APA format. References are listed to allow for validation of information. A word version of the solution is attached for easy printing.
Fair Labor Standards Act of 1938 and the Consolidated Omnibus Budget Reconciliation Act
1. Do you think that both the FLSA (Fair Labor Standards Act) of 1938 and the COBRA (Consolidated Omnibus Budget Reconciliation Act) are as effective today as they were at the time they were passed.
2. What recommendations would you make to update and improve both laws? (at least 4 pages of information).
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