United States Second Circuit

In an action against an agency and officials of the State of Vermont, alleging claims under the Fair Labor Standards Act of 1938 (FLSA), 29 U.S.C. sections 201 et seq., which defendants removed to federal court, the district court's grant of defendant's motion to dismiss on the basis of sovereign immunity from private suit under the FLSA is affirmed where, while defendants removal to federal court waived their Eleventh Amendment immunity from suit in federal court, it did not waive Vermont's general sovereign immunity and Vermont has not otherwise waived it.

Appellate Information

• Decided 09/16/2015
• Published 09/16/2015

Judges

• LEVAL

Court

• United States Second Circuit

Counsel