Vega-Castro v. Commonweatlh of Puer

SELYA, Circuit Judge.

Spurred by the Supreme Court’s changing explication of Eleventh Amendment jurisprudence, we recently determined that a non-consenting state cannot be sued in a federal venue by public employees who seek to enforce the penalty provisions of the Fair Labor Standards Act, 29 U.S.C. §§ 201-219 (FLSA). See Mills v. Maine, 118 F.3d 37, 49 (1st Cir.1997); accord Abril v. Virginia, 145 F.3d 182, 185-86 (4th Cir.1998) (collecting similar cases). This result was compelled by the Court’s decision in Seminole Tribe v. Florida, 517 U.S. 44, 116 S.Ct. 1114, 134 L.Ed.2d 252 (1996). 1…