FLSA IN THE PUBLIC SECTOR

The Fair Labor Standards Act (FLSA) sets minimum wage, overtime pay, equal pay, recordkeeping, and child labor standards. Numerous court challenges have gone all the way to the United States Supreme Court where cities and counties were claiming that the FLSA should not apply to them. Despite their efforts, the Supreme Court has conclusively held that FLSA provisions do apply to local government entities. Garcia v. San Antonio Metro Transit Authority (1985) 469 U.S. 528.

The only exception to this is that the 11th Amendment prohibits FLSA suits against a state, or an arm of the state. Alden v. Maine (1999) 119 S.Ct. 2240. The 11th Amendment, which reflects a broad principle of sovereign immunity, precludes suits against any extension of the state, such as school districts.