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.
- Argued 02/25/2002
- Decided 05/23/2002
- Published 05/23/2002
- Before LUTTIG and GREGORY, Circuit Judges, and HENRY M. HERLONG, JR., United States District Judge for the District of South Carolina, sitting by designation.
- United States Fourth Circuit
- 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.