Beaulieu v. State of Vermont, No. 13-4198 (2d Cir. 2015)
Annotate this CasePlaintiffs, current and former employees of the State of Vermont, filed suit against the State, alleging violations of the Fair Labor Standards Act (FLSA), 29 U.S.C. 201 et seq. Plaintiffs first filed suit in state court and defendants removed to federal district court. The district court subsequently granted defendants' motion to dismiss. The court concluded that, while defendants may, by removing the action, have waived their Eleventh Amendment immunity from suit in a federal forum, defendants have not expressly waived Vermont’s general sovereign immunity from private FLSA suit, and their litigation conduct does not constitute such a waiver. Accordingly, the court affirmed the judgment of the district court.
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