Dist. Ct. did not err in dismissing on 11th Amendment immunity grounds plaintiffs-employees’ lawsuit alleging that defendant-state agency violated overtime provisions of federal Fair Labor Standards Act (FLSA) by requiring that plaintiffs work through lunch and remain on call despite being paid only 40 hours per week. Under Alden, 527 US 700, enactment of federal FSLA did not abrogate state’s 11th Amendment immunity to instant action, and plaintiffs failed to show that Indiana had given consent to being sued on instant action in federal court. Ct. also rejected plaintiffs’ claim that Indiana’s statutes providing for statute of limitations in contract claims or its Torts Claim Act contained sufficient language that evidenced waiver of 11th Amendment immunity for FSLA claims. Moreover, fact that Indiana incorporated FSLA’s requirements into employment contracts was not tantamount to waiver of 11th Amendment immunity.
Federal 7th Circuit Court
Civil Court
Eleventh Amendment