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Anderson, et al. v. Sara Lee Corp., et al., No. 05-1091 (4th Cir. Nov. 19, 2007)

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 FLSA Preempts Duplicative State Law Claims, Fourth Circuit Rules.

Jackson Lewis LLP - January 28, 2008
Ruling that an employee cannot circumvent the federal Fair Labor Standards Act by pleading causes of action under state common law, the U.S. Fourth Circuit Court of Appeals in Richmond rejected an attempt to invoke North Carolina state laws to obtain relief that is only available under the FLSA. Anderson, et al. v. Sara Lee Corp., et al., No. 05-1091 (4th Cir. Nov. 19, 2007). The court, which has appellate jurisdiction over Virginia, Maryland, North Carolina, South Carolina and West Virginia, affirmed a district court's dismissal of several state law claims and remanded the remaining state law claims to the lower court with instructions to dismiss them without prejudice, to give the plaintiffs an opportunity to pursue claims under the FLSA.
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