Friday, July 09, 2004

Are overtime suits against a school board barred by the Eleventh Amendment?

In Smith v. School District of Greenville County, from April of 2004, a federal judge in South Carolina held dismissed FLSA claims against a local school district on the theory that the claims were barred by the Eleventh Amendment, which prohibits the federal courts from entering money judgments against the States.

Back when I was in college and then law school, we studied the Supreme Court's decision which finally held, after some waxing and waning, that the Tenth Amendment did not bar the application of the FLSA to local governments and the states.

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