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A Right Without Remedy: State Employees After Seminole Tribe And Alden, Heather Lueke

William & Mary Bill of Rights Journal

Over the past decade, courts have wrestled with state employees 'private legal remedy for a violation of the Fair Labor Standards Act. As a result of the decisions in Seminole Tribe v. Florida and Alden v. Maine, state employees lost their right to sue for such violations. This note examines the dilemma faced by employees who find themselves without a path of recourse against state employers. It concludes that both Seminole Tribe and Alden should be overturned because the decisions leave state employees with no realistic remedy