LABOR DEPARTMENT TO BEGIN CONDUCTING OVERTIME PAY INVESTIGATIONS ON OCT. 15 - Corrections Digest

Oct 13, 2026

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June 19, 1985 article outlines the U.S. Department of Labor’s plan to start Oct. 15 investigations into whether state and local agencies must comply with a Supreme Court ruling expanding overtime and minimum-wage coverage under the Fair Labor Standards Act. It explains that only certain higher-paying job classifications may be exempt, while public employers could owe back wages if violations are found. Coverage will initially target non-traditional government jobs, with scheduling for others delayed to allow budget adjustments.

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LABOR DEPARTMENT TO BEGIN CONDUCTING OVERTIME PAY INVESTIGATIONS ON OCT. 15

Corrections Digest

Vol.16 No.13 June 19,1985 Garcia Decision.. ## LABOR DEPARTMENT TO BEGINCONDUCTING OVERTIME PAYINVESTIGATIONS ON OCT.15 State,Local Agencies Must Comply State and local governments have until Octoberto get their budgets ready so they can pay workersminimum wage and overtime required by a U.S.Supreme Court decision. The Department of Labor(DoL)said June 14it would begin investigations Oct.15 to assure com-pliance with the February court ruling in the Garciavs.San Antonio Metropolitan Transit Authoritycase(for background,see,"The Garcia Decision:Does Your Agency Owe Employees Back Pay ForOvertime?”CD,Vol.16,No.11,May 22,1985,page 2). The decision extended coverage of the FairLabor Standards Act(FLSA),the Federal minimumwage and overtime law,to seven million of the na-tion's 13 million local government workers. The others-managers,teachers,administrators,and other professionals-are exempt because theyfall under higher payingjob classifications. Public employers already should be meetingterms of the wage and hour law or face paying backwages if a violation is found,DoL officials said. With the exception of the Commonwealth ofPuerto Rico,almost all local governments alreadypay the minimum wage of $3.35 an hour,DoLAd-ministrator Jim Valin said. (Continued on page two) IN THIS ISSUE一 GARCIA CASE:DoL To Begin Requiring Overtime Pay..... ... 1MARION PEN:Quakers Critical .......2ESCAPEES:An Unpleasant Surprise ......3MASSACHUSETTS:Expansion Plan Unveiled...3CHICAGO:New Twist In Escape.......4IN THE COURTS............5MISSISSIPPI:Bilking The “Lonely Hearts”....6FLORIDA:Placement Program Works .....7CROWDING:Some Solutions Discussed .. .7TEXAS:Trusty Murders Officer.......8COLORADO:Will Pay ACLU Bill.......9Who Have Parents In Prisons........10JOB LISTINGS.............10ARTIFICIAL LEGS:Always Search Them! ...10 MONOGRAPHS FOR SALE! The American Correctional Association(ACA)ishaving a sale on monographs dealing with nine vitalissues in corrections,including correctional officers,women in corrections,community corrections,cor-rectional management,classification,juvenile cor-rections,jails,public awareness,and probation andparole.Each monograph costs S2.50 or $3,or youcan buy all nine for $20.For a descriptive brochure,contact:American Correctional Association,4321Hartwick Rd.,Suite L-208,College Park,MD20740.Phone:301-699-7675. ## CORRECTIONS DIGEST But very few have paid the required overtimerate of time and a half,opting instead to give em-ployees extra days off-called compensatory time-to make up for extra hours worked. "If a state or local government is not preparedto pay the overtime,they they should stop havingpeople work the overtime,"Valin said.“Under theFair Labor Standards Act,you must pay overtimeon an hour-week basis." Since 1976,local governments have been oper-ating under a Supreme Court decision that said theLabor Act could not constitutionally be applied tostate and local government employees engaged in"traditional"government functions,such as oper-ating jailsand prisons and providing police and fireservices. Under the new enforcement policy,LaborDepartment officials immediately will begin investi-gations in what are considered non-traditional gov-ernment jobs,including utilities,alcoholic beveragesales,off-track betting corporations and productionof agricultural products for sale to consumers. Valin said the department has consideredthose jobs covered by the Act since 1979. Scheduling of the other state and local govern-ment investigations will be delayed until Oct.15 toallow government bodies time to adjust their budgets,he said. Traditional government jobs include law enforce-ment,fire departments and local mass transit sys-tems.Mass transit systems had been determined bythe Department to be non-traditional,but theirstatus was not finally settled until the Garcia deci-sion. If local governments are found to be violatingthe wage and hour law,they will be required to payb

FAQs

Why is the Department of Labor beginning overtime pay investigations on Oct. 15?

To ensure compliance with the February Supreme Court ruling involving Garcia and to determine whether state and local agencies must pay overtime under the Fair Labor Standards Act.

Which local government workers are covered under the overtime and minimum-wage expansion?

The ruling extends coverage to seven million of the nation’s 13 million local government workers, while other roles such as managers, teachers, and administrators may be exempt under higher-paying classifications.

What kinds of jobs will be targeted first in the investigations?

Investigations will begin with non-traditional government jobs, including utilities, alcoholic beverage sales, off-track betting corporations, and production of agricultural products for sale to consumers.

Oct 13, 2026

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