National League of Cities v. Usery: State Sovereignty as a Limitation of Federal Powers
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Authors
Pruss, Marion F.
Issue Date
1977
Volume
10
Issue
Type
Journal Article
Language
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Abstract
FIRST PARAGRAPH(S)|The Fair Labor Standards Act of 1938 required employers engaged in interstate commerce to pay employees a minimum wage and a premium for working more than forty hours per week. States and their political subdivisions were exempt from the requirements of the FLSA, which was held constitutional in United States v. Darby. In 1966, Congress extended coverage under the FLSA to employees of state schools and hospitals. The 1966 amendments were held constitutional in Maryland v. Wirtz, in which the Supreme Court said that the federal government may override state interests when exercising a delegated power. In 1974, Congress again amended the FLSA and extended minimum wage and overtime regulations to nearly all state, county, and city employees. Various states and cities, seeking declaratory and injunctive relief, brought an action in federal district court to prevent the application of the 1974 amendments. A three-judge court, on the basis of Wirtz, reluctantly dismissed the complaint for failure to state a claim upon which relief could be granted. The Supreme Court reversed and remanded in National League of Cities v. Usery, overruling Wirtz and striking down the 1974 amendments...
Description
Citation
10 Creighton L. Rev. 488 (1976-1977)
Publisher
Creighton University School of Law