Powell v. State of Fla.
| Decision Date | 09 January 1998 |
| Docket Number | No. 96-5119,96-5119 |
| Citation | 132 F.3d 677 |
| Parties | 134 Lab.Cas. P 33,632, 4 Wage & Hour Cas.2d (BNA) 638, 11 Fla. L. Weekly Fed. C 940 James E. POWELL, on behalf of himself and all others present and former employees similarly situated, Russell R. Smith, Plaintiffs-Appellants, v. STATE OF FLORIDA, Lawton Chiles, Governor, William Linder, Secretary, Secretary of the Department of Management Services, Defendants-Appellees. |
| Court | U.S. Court of Appeals — Eleventh Circuit |
Brenda J. Carter, Ft. Lauderdale, FL, Earl L. Denney, Jr., Searcy, Denney, Scarola, Barnhart & Shipley, W. Palm Beach, FL, for Plaintiffs-Appellants.
Robert A. Butterworth, Atty. Gen., Hollywood, FL, Louis F. Hubener, Asst. Atty. Gen., Tallahassee, FL, for Defendants-Appellees.
Appeal from the United States District Court for the Southern District of Florida.
Before TJOFLAT and BIRCH, Circuit Judges, and RONEY, Senior Circuit Judge.
Plaintiff, James E. Powell, attempting to bring a class action, sued the State of Florida for back wages for overtime work and for injunctive enforcement of the Fair Labor Standards Act, 29 U.S.C. §§ 201-219 (1994). He alleges that he and his alleged class members were misclassified as "excluded" employees for the purpose of not paying overtime wages for overtime hours that they worked.
The district court properly dismissed the claim for unpaid overtime wages based on the State's Eleventh Amendment immunity. Seminole Tribe of Florida v. Florida, 517 U.S. 44, 116 S.Ct. 1114, 134 L.Ed.2d 252 (1996). See Quillin v. Oregon, 127 F.3d 1136, 1137 (9th Cir.1997); Close v. New York, 125 F.3d 31, 36 (2d Cir.1997); Mills v. Maine, 118 F.3d 37, 40 (1st Cir.1997); Aaron v. Kansas, 115 F.3d 813, 814 (10th Cir.1997); Raper v. Iowa, 115 F.3d 623, 624 (8th Cir.1997); Balgowan v. New Jersey, 115 F.3d 214, 217 (3d Cir.1997); Moad v. Arkansas State Police Dep't, 111 F.3d 585, 586 (8th Cir.1997); Wilson-Jones v. Caviness, 99 F.3d 203, 210 (6th Cir.1996), reh'g denied and 107 F.3d 358 (6th Cir.1997). Compare Timmer v. Michigan Dep't of Commerce, 104 F.3d 833, 838-40 (6th Cir.1997) ().
The district court properly held that the right to bring an action for injunctive relief under the Fair Labor Standards Act rests exclusively with the United States Secretary of Labor. See 29 U.S.C. §§ 211(a), 216(b) (1994); Reorg. Plan No. 6 of 1950, 15 Fed.Reg. 3174, reprinted in 5 U.S.C.App. at 1469 (1994). Although this Court has not yet addressed the issue, we follow the decisions of the other circuits which have held that the plain language of the Act provides that the Secretary of Labor has the exclusive right to bring an action for injunctive relief. See Barrentine v. Arkansas-Best Freight System, 750 F.2d 47, 51 (1984 ) (); Morelock v. NCR Corp., 546 F.2d 682, 688 (6th Cir.1976), rev'd on other grounds, 435 U.S. 911, 98 S.Ct. 1463, 55 L.Ed.2d 503 (1978) (); Powell v. Washington Post Co., 267 F.2d 651, 652 (D.C.Cir.1959) (); Roberg v. Phipps Estate, 156 F.2d 958, 963 (2d Cir.1946) (); Bowe v. Judson C. Burns, Inc., 137 F.2d 37, 39 (3d Cir.1943) ().
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