Employees v. Missouri Public Health Dept.

Supreme Court of the United States

411 U.S. 279

Employees of the Department of Public Health and Welfare of Missouri et al.  v.  Department of Public Health and Welfare of Missouri et al.

Certiorari to the United States Court of Appeals for the Eighth Circuit

No. 71-1021.  Argued: January 15, 1973 --- Decided: April 18, 1973

Petitioners, employees of state health facilities, brought suit for overtime pay due them under § 16 (b) of the Fair Labor Standards Act (FLSA) and damages, which the District Court dismissed as being an unconsented action against the State of Missouri and thus barred by the Eleventh Amendment. The Court of Appeals affirmed.

Held: Although amendments to the FLSA in 1966 extended statutory coverage to state employees, the legislative history discloses no congressional purpose to deprive a State of its constitutional immunity to suit in a federal forum by employees of its nonprofit institutions, particularly since Congress made no change in § 16 (b), which makes no reference to suits by employees against the State. Parden v. Terminal R. Co., 377 U.S. 184, distinguished. The amendments' extension of coverage to state employees is not without meaning as the Secretary of Labor is thereby enabled to bring remedial action on their behalf under § 17 of the FLSA. Pp. 281-287.

453 F.2d 820, affirmed.


DOUGLAS, J., delivered the opinion of the Court, in which BURGER, C.J., and WHITE, BLACKMUN, POWELL, and REHNQUIST, JJ., joined. MARSHALL, J., filed an opinion concurring in the result, in which STEWART, J., joined, post, p. 287. BRENNAN, J., filed a dissenting opinion, post, p. 298.


A.L. Zwerdling argued the cause for petitioners. With him on the brief were Charles R. Oldham and George Kaufmann.

Charles A. Blackmar, Assistant Attorney General of Missouri, argued the cause for respondents. With him on the brief was John C. Danforth, Attorney General.

Deputy Solicitor General Wallace argued the cause for the United States as amicus curiae urging reversal. On the brief were Solicitor General Griswold and Richard F. Schubert.

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