From Casetext: Smarter Legal Research

Powell v. State of Florida

United States Court of Appeals, Eleventh Circuit
Jan 9, 1998
132 F.3d 677 (11th Cir. 1998)

Summary

holding the FLSA does not permit employee suits seeking injunctive enforcement of FLSA provisions, and cataloging cases from other jurisdictions holding the same

Summary of this case from Tolliver v. Shelter

Opinion

No. 96-5119

DECIDED: January 9, 1998

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

D.C. Docket No. 95-6233-Civ-WJZ

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,___ U.S. ___, 116 S.Ct. 1114, 134 L.Ed.2d 252 (1996). See Quillin v. Oregon, Nos. 96-35790, 96-35777, 1997 WL 644043 at *1 (9th Cir. Oct. 21, 1997); Close v. New York, No. 1248, Docket 96-9252, 1997 WL 540848 at *4 (2d Cir. Sept. 4, 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 amended by 107 F.3d 358 (6th Cir. 1997). Compare Timmer v. Michigan Dep't of Commerce, 104 F.3d 833, 838-40 (6th Cir. 1997) (no Eleventh Amendment immunity from suits brought under the Equal Pay Act because that Act could have been passed pursuant to Congress's Fourteenth Amendment powers).

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) ("only the Secretary is vested with the authority to seek an injunction"); Morelock v. NCR Corp., 546 F.2d 682, 688 (6th Cir. 1976), rev'd on other grounds, 435 U.S. 911 (1978) ("[I]ndividuals are limited to seeking legal remedies and are precluded from obtaining injunctive relief."); Powell v. Washington Post Co., 267 F.2d 651, 652 (D.C. Cir. 1959) ("In so far as plaintiff's prayer relates to action by the Secretary to restrain violations, the answer is that the appeal is to his discretion."); Roberg v. Phipps Estate, 156 F.2d 958, 963 (2d Cir. 1946) ("[T]he Administrator has exclusive authority to bring such an [injunction] action."); Bowe v. Judson C. Burns, Inc., 137 F.2d 37, 39 (3d Cir. 1943) ("We think it is plain from this language that the right of the administrator to bring an action for injunctive relief is an exclusive right.").

With this decision, it is apparent that the argument that alleged class members should have been given opt-in notification is moot.

AFFIRMED.


Summaries of

Powell v. State of Florida

United States Court of Appeals, Eleventh Circuit
Jan 9, 1998
132 F.3d 677 (11th Cir. 1998)

holding the FLSA does not permit employee suits seeking injunctive enforcement of FLSA provisions, and cataloging cases from other jurisdictions holding the same

Summary of this case from Tolliver v. Shelter

affirming dismissal of FLSA claim for unpaid wages against state based on Eleventh Amendment immunity

Summary of this case from Norris v. Mo. Dep't of Corr.

affirming dismissal of FLSA claim for unpaid wages against state

Summary of this case from Hauser v. Rhode Island Dept. of Correction

In Powell, we held that the Secretary alone could bring an action for injunctive relief for violations of the FLSA's wage and overtime provisions, but did not address the question now before us: whether an employee may obtain injunctive relief for violations of the FLSA's antiretaliation provision in § 215(a)(3).

Summary of this case from Bailey v. Gulf Coast Transp., Inc.

involving FLSA claims for unpaid overtime wages

Summary of this case from Mallini v. Alabama Department of Industrial Relations
Case details for

Powell v. State of Florida

Case Details

Full title:JAMES E. POWELL, on behalf of himself and all others present and former…

Court:United States Court of Appeals, Eleventh Circuit

Date published: Jan 9, 1998

Citations

132 F.3d 677 (11th Cir. 1998)

Citing Cases

Keller v. Florida Dept. of Health

See, e.g.,Abril v. Virginia, 145 F.3d 182, 186-89 (4th Cir.1998); Mills v. Maine, 118 F.3d 37, 44-49 (1st…

Silveira v. Beard

However, for violations of the overtime and wage provisions of the FLSA, the authority to seek injunctive…