United States Fourth Circuit

Local school board is more like a county than an arm of the State so it does not enjoy Eleventh Amendment immunity in a suit brought by an employee against it under the Fair Labor Standards Act for overtime pay.

Appellate Information

• Argued 12/06/2000
• Decided 03/01/2001
• Published 03/01/2001

Judges

• Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Susan Ashley Osment, McSurely & Osment, Chapel Hill, NC, for Appellant. Kenneth Alexander Soo, Tharrington Smith, L.L.P., Raleigh, NC, for Appellee. ON BRIEF:  Lisa Lukasik, Tharrington Smith, L.L.P., Raleigh, NC, for Appellee.  S. Luke Largess, Ferguson, Stein, Wallas, Adkins, Gresham & Sumter, P.A., Charlotte, NC, for Amicus Curiae Educators.  Martha A. Geer, Patterson, Harkavy & Lawrence, L.L.P., Raleigh, NC, for Amici Curiae ACLU and Trial Lawyers.  Allison B. Schafer, North Carolina School Boards Association, Raleigh, NC;  Christopher Zemp Campbell, Roberts & Stevens, P.A., Asheville, NC, for Amicus Curiae School Boards.