Legal Opinion
Mossman v. Donahey
Ohio Supreme Court
Decided April 7, 1976No. 75-222PublishedCited by 11 opinions
1Opinion of the CourtSteen, J.
It is undisputed that the state was Nelson Souder’s employer within the meaning of the 1966 amendment to the FLSA. The sole issue raised herein is whether the state may assert sovereign immunity as a defense to claims based upon federally-created rights under the FLSA, in an action brought by an individual in a .state court. That issue is one which has been specifically left open by the United States Supreme Court in two recent cases.
In Maryland v. Wirtz (1968), 392 U. S. 183, the court held that minimum and overtime wage requirements of the FLSA were valid as exercises of the commerce power,…
2Cases cited23 opinions
- Edelman v. JordanSupreme Court of the United States · 1974
- Hans v. LouisianaSupreme Court of the United States · 1890
- Larson v. Domestic and Foreign Commerce Corp.Supreme Court of the United States · 1949
- Chisholm v. GeorgiaSupreme Court of the United States · 1793
- Employees of Department of Public Health v. Department of Public HealthSupreme Court of the United States · 1973
18 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State ex rel. Oriana House, Inc. v. MontgomeryOhio Supreme Court · 2006
- Jacoby v. Arkansas Department of EducationSupreme Court of Arkansas · 1998
- Morris v. Massachusetts Maritime AcademyMassachusetts Supreme Judicial Court · 1991
- Fortgang v. Woodland Park ZooWashington Supreme Court · 2017
- Collins v. University of CincinnatiOhio Court of Appeals · 1981
6 more not listed; retrieve them via the Exa API.