Legal Opinion
Brown v. North Carolina Department of Environment & Natural Resources
Court of Appeals of North Carolina
Decided June 7, 2011No. COA10-315PublishedCited by 2 opinions
1Opinion of the Court
BRYANT, Judge.
Where the State has conferred a right to overtime compensation to state foresters under North Carolina General Statutes, section 113-56.1, the State has waived its sovereign immunity, and we reverse the trial court’s dismissal of plaintiffs’ claim for overtime compensation pursuant to Rule 12(b)(1). Further, where N.C. Gen. Stat. § 143-300.35(a) authorizes the maintenance of a separate action in the trial division of the General Courts of Justice for claims brought by state employees against state agencies under the Fair Labor Standards Act, we reverse the trial court’s…
2Cases cited37 opinions
- Corning Glass Works v. BrennanSupreme Court of the United States · 1974
- Smith v. StateSupreme Court of North Carolina · 1976
- Coastal Ready-Mix Concrete Co. v. Board of CommissionersSupreme Court of North Carolina · 1980
- Wood v. Guilford CountySupreme Court of North Carolina · 2002
- Edward W. Dalheim v. Kdfw-TvCourt of Appeals for the Fifth Circuit · 1990
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3Cited by2 opinions
- Brown v. NC DEPT. OF ENVIRONMENTCourt of Appeals of North Carolina · 2011
- Brown v. N.C. Dep't of Envtl. QualityCourt of Appeals of North Carolina · 2025