Handling a Public Policy Emergency: The Fair Labor Standards Act in the Public Sector
研究了1985年美国最高法院判决突然将公平劳动标准法适用于州和地方政府后,这些政府如何应对这一公共政策紧急事件,包括预算冲击和员工士气问题。
The sudden imposition of the requirements of the Fair Labor Standards Act on state and local governments in February 1985 had many characteristics of natural or technological emergency. ' For the purpose of this analysis, emergency is defined as a sudden or unexpected occurrence or combination of occurrences demanding prompt action; urgent necessity.2 In the instance under consideration, the emergency was occasioned by decision of the U.S. Supreme Court, Garcia v. San Antonio Metropolitan Transit Authority,3 which reversed legal principle that had been in existence for decade and which contained no stay of execution to allow those affected to adapt to the change in the law. The decision date was in the middle of most fiscal years, resulting in unbudgeted costs estimated at total of $3 billion annually. As time passed, problems of employee morale and changed employee attitudes toward the activities of their employers also surfaced. This article examines the response of the local governments to the emergency. For the purpose of comparison, the analysis follows the recommended sequence of activities in dealing with natural and technological emergencies: