Reading Room Document
Position of the United States regarding the applicability of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201, et seq., to publicly owned mass transit systems.
The document is a memorandum discussing the re-evaluation of the United States' position on the applicability of the Fair Labor Standards Act (FLSA) to publicly owned mass transit systems. The conclusion reached is that the issue to be addressed is whether the constitutionality of the congressional enactment will be defended, rather than the constitutionality of the application of the FLSA to urban mass transit systems. The document presents questions for review regarding the constitutionality of the application of the FLSA to urban mass transit systems, the involvement of federal funds in urban mass transit, and the defense of the legislation under challenge in pending litigation. The memorandum also highlights the conflicting legal views within the Administration and the need to defend congressional intent and the exercise of federal power.
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit