Legal Opinion
Jimmy Allen Alewine v. City Council of Augusta, Georgia, C.D. Joiner, on Behalf of Himself and Others Similarly Situated v. City of MacOn
Court of Appeals for the Eleventh Circuit
Decided March 7, 1983No. 81-7490, 81-7789PublishedCited by 15 opinions
1Opinion of the Court
HATCHETT, Circuit Judge:
These cases, consolidated on appeal, require that we decide whether a municipality’s operation of an urban mass transit system constitutes a traditional governmental function. If so, the tenth amendment limitation upon congressional exercise of the commerce power bars application of the overtime compensation provisions of the Fair Labor Standards Act (FLSA), 29 U.S. C.A. § 207 (Supp.1982), to those public employees engaged in urban mass transit service. If not, the overtime compensation provisions of the FLSA aré applicable and require the municipality to pay mass…
2Cases cited16 opinions
- Hodel v. Virginia Surface Mining & Reclamation Assn., Inc.Supreme Court of the United States · 1981
- United States v. DarbySupreme Court of the United States · 1941
- National League of Cities v. UserySupreme Court of the United States · 1976
- Maryland v. WirtzSupreme Court of the United States · 1968
- Coyle v. SmithSupreme Court of the United States · 1911
11 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Garcia v. San Antonio Metropolitan Transit AuthoritySupreme Court of the United States · 1985
- Bonnette v. California Health And Welfare AgencyCourt of Appeals for the Ninth Circuit · 1983
- Bonnette v. California Health & Welfare AgencyCourt of Appeals for the Ninth Circuit · 1983
- C.D. Joiner, on Behalf of Himself and Others Similarly Situated, Cross-Appellee v. City of MacOn Cross-AppellantCourt of Appeals for the Eleventh Circuit · 1987
- David Austin and Denise Austin, Husband and Wife Mary Katherine Gojkovich, a Single Person v. City of Bisbee, Arizona, a Body PoliticCourt of Appeals for the Ninth Circuit · 1988
10 more not listed; retrieve them via the Exa API.