Breuer v. Jim's Concrete Of Brevard, Inc.

538 U.S. 691 (2003)

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Nature of the Case

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Facts

P sued D in a state court of Florida for unpaid wages, liquidated damages, prejudgment interest, and attorney's fees. FLSA Section 216(b) provides not only that an employer who violates its minimum wage and overtime provisions is liable to an employee, but that 'an action to recover the liability prescribed . . . may be maintained against any employer (including a public agency) in any Federal or State court of competent jurisdiction.' D removed the case to the District Court under 28 U.S.C. § 1441(a), which reads that 'except as otherwise expressly provided by Act of Congress, any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending.' P moved to remand under 216(b) claiming that the term 'may be maintained' in any state court, was an express exception to the general authorization of removal under § 1441(a). The Court denied P's motion and certified the issue for interlocutory appeal under § 1292(b). The Eleventh Circuit affirmed. P appealed.