FLSA overtime claims by state peace officers are barred under the Eleventh Amendment. FOP Barkley L-60 v. Fletcher, 2007 U.S. Dist. Lexis 29536 (W.D. Ky.).
     Iowa Dept. of Public Safety, which had stopped paying overtime, has lost its appeal to the U.S. Supreme Court that the FLSA cannot be constitutionally applied to state governments. Eight other states filed a brief supporting Iowa's unsuccessful appeal. Anthony v. Iowa, #223/99-0515, 632 N.W.2d 897, 2001 Iowa Sup. Lexis 152; cert. den. #01-790, 534 U.S. 1129, 122 S.Ct. 1068 (2002). {N/R}
     Four state appellate courts have now ruled that state governments are immune from overtime suits under the FLSA, unless the state has waived its immunity. Anthony v. Iowa Dept. Public Sfty., #223/99-0515, 632 N.W.2d 897, 2001 Iowa Sup. Lexis 152, 7 WH Cases (BNA) 389 (2001); King v. State, 260 Neb. 14, 614 N.W.2d 341, 347 (Neb. 2000); Allen v. Fauver, 327 N.J. Super. 14, 742 A.2d 594, 598 (N.J. App. 1999); Commonwealth v. Luzik, 259 Va. 198, 524 S.E.2d 871, 877 (Va. 2000). {N/R}
     New Jersey Supreme Court dismisses overtime claims by corrections officers on grounds of state and federal sovereign immunity. The fact that the bargaining agreement contained a reference to the FLSA does not waive the state's right to assert immunity. Allen v. Fauver, #A-146 S.T. 1999, 2001 N.J. Lexis 341, 167 N.J. 69, 768 A.2d 1055, 6 WH Cases2d 1741. {N/R}
     State of Virginia has immunity from the FLSA and is not liable for overtime claims by state juvenile probation officers. Virginia v. Luzik, #982635, 259 Va. 198, 524 S.E.2d 871, 2000 Va. Lexis 21, 5 WH Cases2d (BNA) 1735. {N/R}
     7th Circuit joins five others to invalidate FLSA coverage for state employees. Mueller v. Thompson, 133 F.3d 1063, 1998 U.S. App. Lexis 733, 4 WH Cases2d (BNA) 558 (7th Cir.). [1998 FP 54]
     Ninth Circuit rules that federal courts lack jurisdiction over FLSA cases brought against States in the absence of a waiver of immunity. Quillin v. Oregon, #96-35790, 127 F.3d 1136, 1997 U.S.App. Lexis 28831 (9th Cir.). [1998 FP 7]
     Another federal appeals court dismisses overtime claims made by state employees. Aaron v. Kansas, 115 F.3d 813, 1997 U.S.App. Lexis 14522 (10th Cir.). [1997 FP 165-6]
     Eighth Circuit strikes down FLSA overtime mandates for state workers in Arkansas and Iowa. Both appellate panels also reject a 14th Amendment argument. Moad v. Arkansas State Police, 111 F.3d 585 (8th Cir. 1997); Raper v. Iowa, 115 F.3d 623 (8th Cir. 1997). [1997 FP 150]
     Federal judge holds that Baltimore is not a state agency, despite indicia of being so, because city pays salaries and judgments. Alderman v. Baltimore City Police Dept., 952 F.Supp. 256 (D.Md. 1997). {N/R}
     Three-judge panel in Sixth Circuit strikes down the FLSA's wage-and-hour coverage in an overtime suit brought by Ohio state employees. Neither the Commerce Clause nor the 14th Amendment cures the impediment that the state is immune under the 11th Amendment. Wilson- Jones v. Caviness, 99 F.3d 203, mod. at 107 F.3d 358 (6th Cir. 1997). [1997 FP 7]
     Two more federal courts strike down the FLSA as unconstitutional, as applied to state public employees. Close v. New York, 1996 U.S.Dist. Lexis 12330 (N.D.N.Y.); and Mills v. Maine, 1996 U.S.Dist. Lexis 9985 (D.Me.). [1996 FP 167]
     Federal Court in Kansas strikes down the FLSA as unconstitutional when applied to states. Adams v. Kansas, 1996 U.S.Dist. Lexis 9462 (D.Kan.). [1996 FP 137]
     Int. Assn. of Chiefs of Police asks Supreme Court to overturn Garcia v. SAMTA, and hold that the FLSA cannot be constitutionally applied to law enforcement agencies. Amicus brief in Auer v. Robbins, #95-897 (filed 9/96). [1996 FP 151-2]
     U.S. Supreme Court upholds time-and-a-half claim by public employee based on federal law; prior decision overruled. Garcia v. San Antonio Metro. Transit Auth. (SAMTA), 105 S.Ct. 1005 (1985).
     Fair Labor Standards Act amendments unconstitutional; provisions interfere with state sovereignty. National League of Cities v. Usery, 426 U.S. 833, 96 S.Ct. 2465 (1976). Note: This case was overruled by Garcia v. S.A.M.T.A., 105 S.Ct. 1005 (1985); see above.