Oct 10, 2016.Indd
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6,250 subscribers www.TML1.org Volume 67, Number 16 October 10, 2016 States challenge new National Fire Prevention Week Oct. 9-15 overtime rule in court New bill filed to protect work- effect. Rep. Kurt Schrader (D-OR) introduced H.R. 5813, the Overtime ers, non-profits, colleges, Reform and Enhancement Act, sev- and local governments eral months ago, and it is awaiting action in the House Committee on BY CAROLYN COLEMAN Education and the Workforce. The National League of Cities bill would implement a three-year phase-in of the new salary threshold Last month, 21 states filed a law- and also eliminate the automatic suit challenging the administration’s increases. NLC supports the legisla- new overtime rule, which applies to tion and is considering filing an am- public and private sector employers. icus brief in support of the litigation. The new rule, set to go into effect on Sens. Lamar Alexander Dec. 1, would double the minimum (R-Tenn.), Susan Collins (R-Maine), salary threshold under which an em- James Lankford (R-Okla.), Tim ployee is entitled to overtime pay to Scott (R-S.C.), and Jeff Flake $47,500. In the first year of the new (R-Ariz.) have also introduced rule alone, the Department of Labor legislation similar to the bill intro- (DOL) estimates that more than 4 duced by Rep. Schrader to change million additional workers would be the timeline for implementation of entitled to overtime pay. The current the Obama Administration’s “Time threshold is $23,660. Card” overtime rule. In the lawsuit, the states are The legislation would stretch seeking to block the rule from going out over five years the admin- into effect on Dec.1. In its complaint istration’s increase in the salary the states make five arguments for threshold for overtime pay from why the Texas federal district court $23,660 to $47,476, which is now should grant their injunction. Its first set to more than double at once on Oct. 9-15 is Fire Prevention Week. National Fire Prevention Week is observed in the United States and and most ambitious argument is that Dec. 1. The bill would also require Canada, during the week in which Oct. 9 falls. In the United States, the first Presidential Proclamation the Court overturn Garcia v. San An- an independent government watch- of Fire Prevention Week was made in 1925 by President Calvin Coolidge. The National Fire Protection tonio Metropolitan Transit Authority dog study of the rule after the first Association continues to be the international sponsor of the week. For more information about Fire Pre- (1985), where the Court held that the year of implementation, and if the vention Week, visit the NFPA website at www.firepreventionweek.org; or visit www.tn.gov/commerce. Fair Labor Standards Act (FLSA) rule is found to negatively impact applies to the states and localities. American workers and our economy, The states also argue that DOL non-profits—including colleges and Lawrenceburg flood mitigation project shows has exceed its authority under the universities—along with state and FLSA in issuing these rules by ignor- local governments and many Medic- importance of infrastructure for disaster prep ing the duties an employee performs aid- and Medicare-eligible facilities By KATE COIL outlet off. We had a lot of man-made the water has.” and making salary a litmus test. By such as nursing homes or facilities TML Communications Specialist problems in town we had to fix.” The event that began the city’s automatically increasing the salary serving individuals with disabilities Originally known as the Syca- mitigation efforts occurred on Me- basis test, the states argue that DOL will be exempt from any further in- For nearly 200 years, the creek more River, Lawrenceburg’s Shoal morial Day weekend of 1991. is violating the FLSA’s requirement creases under the rule. running through the city of Law- Creek has historically been an “It wasn’t a super bad flood, but to “define and delimit from time to “The Overtime Review and renceburg has provided local res- important source of both water and it was bad enough that the city of time” the white collar exception. Reform Act makes urgently needed idents with both opportunities for power for the city and surrounding Lawrenceburg adopted a stormwater As in almost any lawsuit object- modifications to the administration’s enjoyment and recreation as well as communities. ordinance that required detention ing to federal rules, the states argue rule, which will otherwise on Dec.1 moments of fear and concern. Famed frontiersman Davy Crock- ponds and other measures,” Baxter the rules are “arbitrary, capricious, an force changes in overtime pay that Joe Baxter, Lawrenceburg Emer- ett was one of the area’s earliest set- said. “They had some engineers look abuse of discretion, or otherwise not are too high, too fast and will result gency Management director, said the tlers who used the creek to power a at our problems, and they said we in accordance with law.” Finally, the in employers, non-profits, colleges city’s unique location along Shoal powder mill, grist mill and distillery needed a dump-truck load of money states claim that Congress improper- and others cutting workers’ hours, Creek and its topography made the to make a living. Baxter said the his- to fix it. The old storm drains didn’t ly delegated congressional legisla- limiting their workplace benefits and city prone to flooding. tory of floods caused by Shoal Creek have the ability to carry all the run tive power by conferring “unlimited flexibility, as well as costing students “Lawrenceburg was built in a are well documented as far back as off. We took some measures then to legislative authority on DOL” in the more in tuition,” said Senate Labor bowl on the top of a hill,” he said. Crockett’s day. try and improve our issues, but then FLSA. Committee Chairman Lamar Alex- “There is only one major outlet for the “Davy Crockett was one of our we had the big flood in 1998.” In addition to the lawsuits, there ander. “This is a moderate, bipartisan water to get out. Over the course of first city commissioners, and he got The most famous flooding event is also a legislative effort underway approach that should be able to pass the city’s development, people put in wiped out in the flood of 1821,” in recent history came in 1998. Law- to block the rule from going into both Houses before December.” pipes that were too small and cut that Baxter said. “He got into an argument renceburg had experienced an F-5 with other members of the govern- tornado in April 1998, prompting ment over making Lawrenceburg the the city to set up a NOAA weather Race, redistricting, religion and death county seat because he said it would station and put in several tornado flood. We have found all the studies safety measures. penalty top Supreme Court’s fall docket that TVA has done over the years Then, in July 1998, nine inches of on the floods. We weren’t really as rain fell on Lawrenceburg in less than An evenly divided court of opinions might developed until the 1950s. County- 24 hours, undoing much of the repairs be split 5-4. With wide we don’t have a lot of issues the city had just completed from the could decide the fate of only eight justices, many cases watched closely with people being in the flood zone. tornado. The ensuing 500-year-flood “I think they’ve been Some of the only places it floods are destroyed hundreds of homes and led by state and local officials. filling it with cases in Lawrenceburg because the further to the death of two Lawrence County where they think they downstream it goes the more room See FLOOD on Page 3 BY DANIEL C. VOCK can resolve issues,” and J.B. WOGAN she said. But there’s Governing Magazine still plenty at stake. “Even in a more An evenly divided U.S. Su- dull or non-exciting preme Court has returned from its Supreme Court term, summer recess to confront a long state and local gov- list of thorny issues, including the ernments have a lot death penalty, separation of church of cases that affect and state, and several cases involving them,” said Soronen. race. But just how far the justices are willing to go in those and other cases These are the most important for Death Penalty will likely hinge on the outcome of states and localities: A case out of Texas examines the presidential race. Separation of Church and State whether a state appellate court The death last year of Justice A Missouri case could determine should have followed current med- Antonin Scalia left the court split whether states can exclude religious ical standards in deciding whether 4-4 between liberals and conserva- institutions from public funding for someone facing a death sentence had tives. President Obama nominated an “otherwise neutral and secular aid an intellectual disability. a replacement for Scalia – federal program.” The Supreme Court already A city employee works to make room for the new culvert to reroute appeals court Judge Merrick Garland The dispute could have na- ruled in 1992 that, under the Eighth water from surges of Shoal Creek as part of Lawrenceburg’s flood – but the Republicans who control tional implications because about Amendment, states cannot execute mitigation project. the U.S. Senate have declined to three-quarters of states, including someone with an intellectual dis- consider him until at least after the Missouri, have a provision in their ability.