Council 13, American Federation of State, County & Municipal Employees ex rel. Fillman v. Commonwealth

*67 OPINION

Chief Justice CASTILLE.

We consider here whether the Commonwealth Court correctly declared that Article III, Section 24 of the Pennsylvania Constitution (“Section 24”), Pa. Const. art. III, § 24, is not preempted by the Fair Labor Standards Act of 1938 (“FLSA” or “Act”),1 and that accordingly, Section 24 prohibits the Governor of the Commonwealth from paying the wages of state employees who are covered by FLSA and required to work from monies in the Commonwealth’s Treasury, but not yet appropriated by the General Assembly. For the following reasons, we conclude that this matter is…