Brickey v. County of Smyth, Va.
District Court, W.D. Virginia
1Opinion of the Court
OPINION
JONES, District Judge.
The principal issue for decision is whether Virginia deputy sheriffs are employees of the particular county in which they are employed, for the purposes of the Fair Labor Standards Act. I hold that they are not, and that accordingly the present action must fail. I also hold, as a preliminary matter, that the Eleventh Amendment does not bar the present case.
I. Introduction.
The plaintiffs, former deputy sheriffs of Smyth County, Virginia, bring this action under the Fair Labor Standards Act (“FLSA” or “Act”), 29 U.S.C. § 201 et seq., against the Compensation Board…
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