Jottings By An Employer's Lawyer

Tuesday, May 20, 2003

Supreme Court - FLSA Cases Are Removable


What would have been a major disaster if it had gone the other way, has quietly played out the way it should have. In yesterday's unanimous opinion [pdf] in Breuer v. Jim's Concrete of Brevard, Inc., the Court overruled the position of the 11th Circuit that wage and hour cases were not removable to federal courts. Now for defendants sued in state courts over wage and hour matters under the FLSA, the path to federal court is clearly open.

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