Bryson v. City of DeRidder

707 F. Supp. 245, 29 Wage & Hour Cas. (BNA) 44, 1987 U.S. Dist. LEXIS 14770, 1987 WL 49664
CourtDistrict Court, W.D. Louisiana
DecidedJune 2, 1987
DocketCiv. A. No. 84-1717
StatusPublished

This text of 707 F. Supp. 245 (Bryson v. City of DeRidder) is published on Counsel Stack Legal Research, covering District Court, W.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bryson v. City of DeRidder, 707 F. Supp. 245, 29 Wage & Hour Cas. (BNA) 44, 1987 U.S. Dist. LEXIS 14770, 1987 WL 49664 (W.D. La. 1987).

Opinion

OPINION

VERON, District Judge.

This matter came for trial on December 1, 1986 with jurisdiction being invoked pursuant to 29 U.S.C. § 216(b) of the Fair Labor Standards Act of 1938. Plaintiffs Anthony Bryson, Bennie Lewis, Donnie Lewis, Roger L. Pickle, John Satcher, Jr. and George Lankford aver that defendants, City of DeRidder and Parish of Beauregard, as joint operators of the City-Parish Ambulance Service, violated 29 U.S.C. §§ 207(a)(1) and/or (2) by failing to pay plaintiffs overtime wages as prescribed by FLSA. A federal question is presented and this Court has jurisdiction. This trial has been bifurcated and this opinion covers only the question of liability. The issue of damages has been reserved for trial at a later date.

FINDINGS OF FACT

The testimony, evidence and admissions presented at trial reveal the following facts that are essential to the resolution of this case:

The City of DeRidder is a City within the State of Louisiana and is a political subdivision of the State. The Parish of Beauregard is a Parish within the State of Louisiana and is also a political subdivision of the State.

Prior to 1971, ambulance services were provided by funeral homes in the City of DeRidder and Beauregard Parish. Even before that, ambulance services were provided by the police, firemen and even private citizens who took those in need of emergency medical care to local hospitals. In 1971, the last of the funeral homes which still provided ambulance service terminated that service.

The availability of an ambulance service was an absolute necessity for city and parish inhabitants. In 1971, as an immediate response to the termination of ambulance service by funeral homes, the City, in conjunction with the Parish, began to provide ambulance service within the City and Parish. The City-Parish Ambulance Service, as it became known, was a function of the City and the Parish from 1971 to June 22, 1985.

The City, through its city council, and the Parish, through its police jury, passed ordinances and resolutions concerning the operation of the City-Parish Ambulance Service. The City and the Parish contributed or were to contribute equal amounts of money each year toward the operation of the ambulance service. While the City administered the daily operations of the City-Parish Ambulance Service, it did so directly or at least indirectly in the interest of the Parish in relation to the employment of the plaintiffs. The ambulance service was the only sustained joint activity of the City and the Parish, at any time prior to, during or after the ambulance service was in operation.

Each plaintiff in this case worked for the City-Parish ambulance service for some, if not all of the time, from June 1981 to June 22, 1985. The work performed by the plaintiffs when they were employees of the ambulance service simultaneously benefited both the City and the Parish. And, while the plaintiffs were employed with the ambulance service, each of them worked in excess of 40 hours in a seven day work week for some, if not all of the work weeks, from June 1981 to June 22, 1985 [247]*247and was not paid compensation for each hour worked in excess of 40 hours in a work week at a rate of not less than one- and-one-half times the regular rate at which he was employed.

The contributions respectively made by the Parish and City in each year did not constitute the entire budget for each respective budget year for the City-Parish Ambulance Service operated. The ambulance service was funded in part through membership subscriptions. A membership subscription allowed a resident of the City and/or Parish to pay a fee ($50.00 per year) and utilize up to $600.00 worth of ambulance services. Once the $600.00 of service was used, the person utilizing the ambulance service would pay according to a service fee schedule. A City or Parish resident who elected not to become a subscribing member to the ambulance service could none the less use the ambulance service. The non-member, however, would have to pay at least the $50.00 fee plus a per-mile charge to use the ambulance service. The ambulance service was also funded out of the City and Parish’s general funds which were in part made up of federal revenue sharing funds. No taxes were ever dedicated to the ambulance service.

The City/Parish governments did not begin operation of the ambulance service until after they had unsuccessfully attempted to lure private ambulance companies from other regions of the state into providing service to the City of DeRidder and Beauregard Parish and were unsuccessful. The City-Parish Ambulance Service proved to be a costly economic burden on both the City and Parish, and in the early 1980’s, the City/Parish began to search for an alternative means of providing ambulance services. They once again attempted to convince private ambulance companies to provide ambulance services within the City and Parish. They were however unsuccessful. They also attempted to place the ambulance service under the control and operation of a local hospital, but this attempt also met with failure. Finally, in 1985, the City/Parish governments were able to convince Metropolitan Emergency Services, Inc., a private ambulance service company, to begin operations in the City of DeRidder and Parish of Beauregard. As part of the bargain struck between the City/Parish and the private ambulance company, the City donated the ambulances and equipment to the private company. Having made certain that a continuous and adequate ambulance service would be available to their citizens, the City/Parish governments discontinued the City-Parish Ambulance Service on June 22, 1985.

CONCLUSIONS OF LAW

Congress amended the FLSA in 1974 to include the states and their political subdivisions within its scope. 29 U.S.C. § 203(d), (s)(6), and (x). In National League of Cities v. Usery, 426 U.S. 833, 96 S.Ct. 2465, 49 L.Ed.2d 245 (1976), the United States Supreme Court held that the Tenth Amendment to the United States Constitution prevented Congress from interfering with the employment practices of states and their political subdivisions in certain governmental activities. In particular, the Supreme Court held that the minimum wage and overtime provisions of the FLSA were not applicable to the states and their subdivisions if the provisions would “imper-missibly interfere with the integral governmental functions.” Id. at 851, 96 S.Ct. at 2474. The Supreme Court, however, overruled National League of Cities, on February 19, 1985, in the case of Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528, 105 S.Ct. 1005, 83 L.Ed.2d 1016 (1985), finding that there was nothing in the minimum wage and overtime provisions of the FLSA that was destructive of state sovereignty or violative of any constitutional provision.

This court, in the instant matter, has already held that Garcia does not apply retroactively, but only from the date of the decision forward, and that therefore, defendants are subject to the minimum wage and overtime provisions of the FLSA after February 19, 1985. The

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Related

Maryland v. Wirtz
392 U.S. 183 (Supreme Court, 1968)
National League of Cities v. Usery
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Cite This Page — Counsel Stack

Bluebook (online)
707 F. Supp. 245, 29 Wage & Hour Cas. (BNA) 44, 1987 U.S. Dist. LEXIS 14770, 1987 WL 49664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bryson-v-city-of-deridder-lawd-1987.