Legal Opinion
Kendall v. City of Chesapeake
Court of Appeals for the Fourth Circuit
Decided April 8, 1999No. Nos. 98-1301, 98-1361PublishedCited by 38 opinions
1Opinion of the Court
OPINION
DIANA GRIBBON MOTZ, Circuit Judge:
The question raised in this case, which appears to be one of first impression, is whether plaintiffs can use 42 U.S.C.A. § 1983 (West Supp.1998) to enforce their rights to overtime compensation under the Fair Labor Standards Act (FLSA), 29 U.S.C.A. §§ 201-62 (1998). We hold that the elaborate remedial scheme provided in the FLSA demonstrates a congressional intent to prohibit § 1983 actions to enforce such FLSA rights.
I
In 1995, the Department of Labor investigated the City of Chesapeake’s alleged failure to pay overtime wages to its emergency medical…
2Cases cited19 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Albright v. OliverSupreme Court of the United States · 1994
- Baker v. McCollanSupreme Court of the United States · 1979
- Alexander v. Gardner-Denver Co.Supreme Court of the United States · 1974
- Fed. Sec. L. Rep. P 94,768 Phil A. Street and Clyde H. Street v. J.C. Bradford & CompanyCourt of Appeals for the Sixth Circuit · 1990
14 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Anderson v. Sara Lee Corp.Court of Appeals for the Fourth Circuit · 2007
- Doe v. BroderickCourt of Appeals for the Fourth Circuit · 2000
- Ervin v. OS Restaurant Services, Inc.Court of Appeals for the Seventh Circuit · 2011
- Roxanne Adams v. Debra FergusonCourt of Appeals for the Fourth Circuit · 2018
- Knepper v. Rite Aid Corp.Court of Appeals for the Third Circuit · 2012
33 more not listed; retrieve them via the Exa API.