Whether state officials are subject to liability as employers in their individual capacity for violations of the FLSA

QUESTIONS PRESENTED This case presents a clear conflict among the circuit courts regarding the interpretation of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201 et seq. The Fourth, Fifth, and Seventh Circuits hold that state officials can be “employers” under the FLSA and that they can therefore be liable in their individual capacity for violations of the FLSA. The Eleventh Circuit holds that state officials are never employers in their individual capacity under the FLSA and are thus immune from liability, regardless of what the officials did, or did not do. The questions presented seek to resolve clear circuit splits relating to liability of public officials under the FLSA. The questions presented are: 1. Whether state officials are subject to liability as employers in their individual capacity for violations of the FLSA. 2. Whether the Eleventh Amendment to the United States Constitution grants immunity to all state officials for liability in their individual capacity as employers under the FLSA; and if not, what is the Eleventh Amendment analysis the courts must apply.