State Can Waive Immunity From FLSA Lawsuits

In Alden v. Maine, 527 U.S. 706 (1999), the Supreme Court held that Congress did not have the power to subject state governments to lawsuits under the FLSA by their employees, and that states have “sovereign immunity” against such lawsuits. In a lawsuit filed by sergeants working for the Oregon State Police, the Oregon Court of Appeals was required to decide whether a state could waive the immunity from…

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