Legal Opinion
Breuer v. Jim's Concrete of Brevard, Inc.
Supreme Court of the United States
Decided May 19, 2003No. 02-337PublishedCited by 125 opinions
1Opinion of the CourtJustice Souter
The question is whether the provision of the Fair Labor Standards Act of 1938 (FLSA or Act), that suit under the Act “may be maintained ... in any Federal or State court of competent jurisdiction,” 52 Stat. 1069, as amended, 29 U. S. C. § 216(b), bars removal of a suit from state to federal court. We hold there is no bar.
I
Petitioner, Phillip T. Breuer, sued respondent, his former employer, Jim’s Concrete of Brevard, Inc., in a state court of Florida for unpaid wages, liquidated damages, prejudgment interest, and attorney’s fees. Section 216(b) provides not only that an employer who violates…
2Cases cited5 opinions
- Healy v. RattaSupreme Court of the United States · 1934
- Smallwood v. GallardoSupreme Court of the United States · 1927
- Johnson v. Butler Bros.Court of Appeals for the Eighth Circuit · 1947
- Angel M. Cosme Nieves v. Col. Robert C. Deshler, Etc.Court of Appeals for the First Circuit · 1986
- Breuer v. Jim's Concrete of Brevard, Inc.Court of Appeals for the Eleventh Circuit · 2002
3Cited by125 opinions
- Luther v. Countrywide Home Loans Servicing LPCourt of Appeals for the Ninth Circuit · 2008
- James Brill, Plaintiff-Respondent v. Countrywide Home Loans, Inc., Defendant-PetitionerCourt of Appeals for the Seventh Circuit · 2005
- Hart v. FedEx Ground Package System Inc.Court of Appeals for the Seventh Circuit · 2006
- Isaiah Evans v. Walter IndustriesCourt of Appeals for the Eleventh Circuit · 2006
- Kaufman v. Allstate New Jersey InsuranceCourt of Appeals for the Third Circuit · 2009
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