Supreme Court decision on removal of FLSA claim …

Supreme Court decision on removal of FLSA claim

In Breuer v. Jim’s Concrete of Brevard, Inc. (5/19/03), the Supreme Court unanimously held that a Fair Labor Standards Act provision stating that suit “may be maintained. . .in any Federal or State court of competent jurisdiction,” does not bar removal.

Why does the Court bother with such a “duhh” case? (over a circuit conflict with a 1947 case) Because FLSA litigation is hot now, and plaintiffs don’t like federal court?

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