United States Fourth Circuit

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CHAO v. VIRGINIA DEP'T OF TRANSP., 01-1965, 01-2195

Virginia Department of Transportation is not immune from suit by the federal government for violations of the overtime wage and record-keeping provisions of the Fair Labor Standards Act; equitable tolling cannot be invoked where a claimant failed to exercise due diligence in preserving legal rights.

Appellate Information

  • Argued 02/25/2002
  • Decided 05/23/2002
  • Published 05/23/2002

Judges

  • Before LUTTIG and GREGORY, Circuit Judges, and HENRY M. HERLONG, JR., United States District Judge for the District of South Carolina, sitting by designation.

Court

  • United States Fourth Circuit

Counsel

  • For Appellees:
  • ARGUED:  Sydney E. Rab, Assistant Attorney General, Office of the Attorney General, Richmond, Virginia, for Appellant.  Ford Friel Newman, United States Department of Labor, Washington, D.C., for Plaintiff-Appellee.   ON BRIEF:  Randolph A. Beales, Attorney General of Virginia, Francis S. Ferguson, Chief Deputy Attorney General, Judith W. Jagdmann, Deputy Attorney General, Guy W. Horsley, Jr., Senior Assistant Attorney General/Chief, Anthony P. Meredith, Assistant Attorney General, Office of the Attorney General, Richmond, Virginia, for Defendant-Appellant.  Eugene Scalia, Solicitor of Labor, Steven J. Mandel, Associate Solicitor, Paul L. Frieden, for Appellate Litigation, United States Department of Labor, Washington, D.C., for Plaintiff-Appellee.
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